Difference between extension, renewal, and modification in Immigration

Today, the topic may seem very technical, however, in immigration law we speak with certain legal jargon that has its purpose and which is vital to understand so you do not make a mistake with the procedure when submitting your file.

In immigration law, terms like “initial application”, “extension”, “renewal”, “modification”, among others, will sound very familiar to you.

The first of these terms can raise few doubts (its own name indicates it), however there is an important nuance to keep in mind.

🟢 Initial Application

As its name indicates, it is the procedure you do the first time you apply for a specific permit to settle in Spain.

However, there is an important nuance: the word "initial" does not mean that you can only request it once in your life. If your permit expires, you return to your country and decide to come back years later, you will have to start the process from scratch. Furthermore, it could be the case that you hold an authorisation of one type, and you change to another, going through an initial application again, without modifying.

👤 Example no. 1: Imagine that María, of Mexican nationality, applies for an initial application for a study stay to do a master's degree. Upon finishing it, she returns to Mexico. If five years later she decides to return to Spain to pursue a doctorate, she will not have to apply for an extension or a renewal; she must submit a new initial study application, as her counter went back to zero when she left.

👤 Example no. 2: Imagine now that the same María, after having studied her master's degree in Spain, returned to Mexico. And after five years, she decides to return to Spain as an international teleworker (digital nomad). In this case, she must submit a new initial application for residence for an international teleworker. As her previous permit expired and she is applying for a new card from her country, it is considered an initial application. 

👤 Example no. 3: In another scenario, the same María, after having studied her master's degree in Spain, wants to stay to look for work. In this scenario, she must make an initial application for residence for job-seeking or starting a business project, to remain in a regular situation while she completes her search and secures a job. Upon securing it or starting a project, she will be able to modify to a residence and work authorisation.

All authorisations have an initial application; this is the common denominator. From here, we will see that the term “modification”, “extension” or “renewal” applies to some authorisations but not all. 

🔀 Modification

Modification is the procedure that can be carried out on certain authorisations (not all) when circumstances change and the regulations allow you to change from one authorisation to another. 

The first thing that comes to mind when we want to make a modification is towards a temporary residence and employed work authorisation, as we will explain in the following examples. However, there are also other scenarios that we will mention later so that you know they exist. 

👤 Example no. 1: Michael is American and holds a study stay authorisation because he came to pursue higher education in Spain, specifically, studying a business administration and management degree in Madrid. During the last semester, he did an internship at a consultancy firm, and now they are offering him a permanent contract. In this circumstance, Michael could apply for a modification of study stay authorisation (current) to a temporary residence and employed work authorisation in Spain. 

👤 Example no. 2: Luciola, of Peruvian nationality, is the holder of a residence authorisation due to exceptional circumstances (extraordinary roots - arraigo), and the validity of her TIE is coming to an end. Since she has an employed work contract as an administrative assistant in a logistics company, she can apply for a modification from a temporary residence authorisation due to exceptional circumstances to a temporary residence and employed work authorisation. 

👤 Example no. 3: Emma, a British citizen, holds a non-lucrative residence authorisation (which allows her to live in Spain, but not work). After a year, a technology company in Spain offers her a contract as an International Marketing Manager. In this case, Emma should not renew her current permit because her intention now is to work; what she must do is apply for a modification to residence and employed work. 

Additionally, in total, the following types of modifications exist: 

• From a study stay

  • To employed work: To work as an employee in a company after obtaining the qualification.

  • To self-employment: To start a business as a self-employed worker.

  • To work exemption: For specific profiles that do not require the ordinary work permit procedure.

  • To job-seeking: For higher education graduates (minimum Level 6) who wish to stay to look for work or start a business.

• From a temporary residence

  • To residence and work (before the 1st year): Requires meeting all the initial hiring requirements from scratch.

  • To residence and work (after the 1st year): Allows the leap into the labour market with more flexible requirements, regardless of whether the original card authorised work or not.

• From a seasonal activity authorisation

  • To employed work: Available after completing the 4 years of validity of the seasonal permit, provided that the annual return commitment has been met.

  • To self-employment: Available under the same conditions of compliance with time and return as the previous case.

• By loss of family member status (EU or Spanish)

  • To the general regime: Allows those who divorce or cancel their de facto partnership to maintain their legal status by changing to a non-lucrative residence, employed work, self-employment or work exemption.

• Within the work authorisation itself

  • Modification of scope: To remove limitations on occupation, sector or territory during the first year of validity of an initial card.

  • From employed to self-employed work: To make the direct transition from employee to self-employed worker.

The rules described above do not apply to the following situations, as they have their own regulatory framework for their modifications:

• Cross-border workers.

• Residences for family reunification.

• Certain authorisations due to exceptional circumstances.

⏳ Extension

An extension is the procedure to prolong the duration of your permit while maintaining exactly the same conditions; extending does not change your legal status or grant new rights. Simply, it is a procedure that the regulations sometimes foresee and that the foreigner can request to prolong the stay/residence in Spain under the same conditions. 

At a practical level, the extension is the main feature in two very common circumstances. The first relates to study stay authorisations and the other in the case of temporary residence authorisations due to exceptional circumstances - roots (arraigos). 

👤 Example no. 1: Peter, an Australian citizen, comes to Spain to do an intensive 8-month Spanish course at a language school in Valencia. Upon finishing, he decides to enrol in another 6-month course at the same academy to perfect his level and prepare for the DELE exam. In this circumstance, as he is not changing status, what he will have to apply for is an extension of his study stay authorisation. 

👤 Example no. 2: María, of Ecuadorian nationality, has a temporary residence authorisation due to exceptional circumstances (extraordinary arraigo) for a period of one year. She was working as a shop assistant, but at the moment her TIE expires, her contract has ended and she is looking for a job, so she cannot modify to an ordinary residence and work authorisation. The alternative will be to extend her current authorisation, as long as she can prove that she is registered as a jobseeker with the DARDE document issued by the Social Security. 

If you still do not know exactly what this document is and how to obtain it, we recommend that you read our latest blog post titled “Guide: Registering as a jobseeker and the DARDE”.

♻️ Renewal

Renewal is the process of updating a residence (or residence and work) authorisation that is about to expire, to continue residing and/or working in a regular situation in Spain.

Unlike an extension (where you remain under the same conditions) or a modification (where you radically change status), in a renewal you keep your authorisation but you usually obtain substantial improvements in your conditions. The Administration understands that you have already complied with the initial rules and are settled in the country.

Therefore, the new card is usually granted for a much longer period of time (currently, after the initial 1-year authorisation, you usually go directly to 2-year cards (as in the case of the non-lucrative residence authorisation) or 4-year cards (as in the case of employed/self-employed residence and work authorisations) and the initial restrictions are removed, giving you complete geographical and professional freedom.

Furthermore, after these renewals, it is already interpreted that either the foreigner already meets the requirements to apply for citizenship by residence (especially, when we speak of foreigners from Latin American countries, to whom the reduced period of 2 years applies), or a national long-term authorisation. 

👤 Example no. 1: Carlos, of Colombian nationality, has an initial employed residence and work authorisation valid for 1 year, which was tied to a specific company in Barcelona. During this year, he has been working and contributing to the Social Security without problems. In the 60 days prior to the expiration of his TIE, he submits his renewal. Upon approval, he is granted a new card for 4 years that allows him to freely change sector, company or city at any time.

👤 Example no. 2: Sophia, a Canadian citizen, obtained an initial non-lucrative residence authorisation of 1 year to live in Alicante with her savings. As her intention remains not to enter the Spanish labour market and she has the necessary financial funds, she processes the renewal of her current permit. In this case, Immigration grants her a renewed authorisation for a period of 2 more years, consolidating her legal residence time in Spain.

The only authorisations that can be renewed are:

• Non-lucrative temporary residence authorisation.

• Temporary residence and employment authorisation.

• Temporary residence and self-employment authorisation.

• Temporary residence authorisation for family reunification.

• Temporary residence authorisation with an exemption from work authorisation.

• Temporary residence authorisation for minors (in care) or young care leavers.

⭐️ Traam can help you manage your immigration procedure, whether it is an initial authorisation, extension or renewal. Trust us to make the management of your permit a easier and faster experience, ensuring that there are no mistakes in your application. If you have any doubts, you can contact us and we will do everything we can to help you.