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Newcomer and Expat Services in Spain Newcomer and Expat Services in Spain

Relocation Specialist

Newcomer and Expat Services in Spain Newcomer and Expat Services in Spain

Relocation Specialist

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  • Spain Visas
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Home/Modelos/EX-26 Form Spain: Modify Residence, Work or Student Status
Modelos

EX-26 Form Spain: Modify Residence, Work or Student Status

EX-26 is Spain’s official form for modifying certain existing residence or long-duration stay authorizations without starting a completely new immigration process from abroad. It can be used for qualifying transitions from studies to work, from residence without work rights to employment or self-employment, from certain exceptional-circumstances permits to ordinary residence and work, after some EU or Spanish family residence rights end, and for specific changes to existing work authorizations.

EX-26 is not one single immigration permit.

It is a modification form connecting several different legal routes under Spain’s current Immigration Regulation.

The most important question is therefore not:

“How do I complete EX-26?”

It is:

“What authorization do I have now, and what authorization do I want next?”

The principal current rules are contained in Articles 190, 191 and 192 of Royal Decree 1155/2024, including amendments that entered into force in 2026.

If you are comparing Spanish immigration forms, see our Spain Immigration Forms: EX-00 to EX-32 guide.

What Is Form EX-26?

The official EX-26 is used for:

Modificaciones de autorizaciones de residencia o estancia

or:

Modification of residence or stay authorizations

The form covers several major groups of immigration changes:

  • qualifying long-duration study or training stay → residence and work;
  • qualifying study stay → self-employment;
  • qualifying study stay → residence with exemption from work authorization;
  • qualifying student-family stay → family reunification residence;
  • qualifying graduate → job-search or entrepreneurship residence;
  • temporary residence → residence and work;
  • certain exceptional-circumstances or arraigo residence → ordinary residence and work;
  • seasonal residence and work → ordinary work authorization after completing the qualifying cycle;
  • existing residence/work authorization → modification of work scope;
  • employee residence/work → authorization permitting employee and self-employed activity;
  • former EU-family residence → another qualifying residence authorization;
  • former residence as a family member of a Spanish citizen → another qualifying residence authorization.

The requirements are different for each route.

EX-26 at a Glance

QuestionAnswer
FormEX-26
Main purposeModification of existing residence or long-duration stay status
Main legal articles190, 191 and 192 of RD 1155/2024
Used from inside SpainGenerally yes
New visa always requiredNo
Students can use EX-26Yes, for specified qualifying studies/training
Arraigo holders can use itIn qualifying cases
Can add employee work rightsYes
Can lead to self-employmentYes
Can modify work restrictionsYes
Can follow loss of some family residence statusesYes
Filing through MercurioAvailable for many routes
Decision periodDepends on the modification
Authorization durationDepends on the route
New TIE after approvalUsually required

EX-26 Is a Modification, Not a New Visa Application

A modification changes an immigration authorization that already exists.

For example:

Student authorization → Employee residence and work

or:

Residence without work permission → Residence and work

or:

Employee residence → Employee + self-employed activity

This is different from someone living abroad who wants to obtain a Spanish work visa for the first time.

If you are outside Spain and do not already hold a qualifying Spanish status, the normal initial immigration procedure may apply instead.

For standard employment routes, see our Spain Work Permit Visa guide.

The Main EX-26 Routes

The current form divides modifications according to the applicant’s existing status.

Current SituationPossible EX-26 Route
Qualifying studies or trainingEmployee residence/work
Qualifying studies or trainingSelf-employed residence/work
Qualifying studies or trainingResidence exempt from work authorization
Student-family stayFamily reunification residence
Qualifying higher-education graduateJob-search or entrepreneurship residence
Temporary residence allowing work, held under 1 yearEmployee residence/work
Temporary residence allowing work, held at least 1 yearBroader residence/work status
Temporary residence not allowing work, held under 1 yearEmployee residence/work
Temporary residence not allowing work, held at least 1 yearEmployee or self-employed residence/work
Seasonal work after qualifying 4-year cycleEmployee or self-employed residence/work
Existing initial work authorizationChange occupation, sector or territory
Employee residence/workAdd self-employed activity
Former EU-family residenceNLV, employee, self-employed or work-exempt residence
Former Spanish-family residenceNLV, employee, self-employed or work-exempt residence

Because the same EX-26 form covers all of these transitions, copying the document checklist from the wrong category can lead to refusal.

EX-26 for Students in Spain

One of the most important uses of EX-26 is changing from qualifying long-duration studies or training to residence.

Spain allows certain students and trainees who successfully complete qualifying studies to transition from estancia to residencia without first leaving Spain to obtain a new visa.

This can be especially valuable for international graduates who want to remain in Spain after completing their education.

For the underlying student authorization, see our EX-00 Form Spain guide and Spain Student Visa guide.

Which Students Can Modify Under Article 190?

Not every type of student or training stay qualifies.

The current Article 190 route applies principally to holders who successfully complete specified categories, including:

  • higher education;
  • post-compulsory secondary education;
  • specified training leading to technical certification or professional authorization;
  • qualifying complete professional-certificate training;
  • specialized healthcare training.

This distinction matters because the broader Spanish student framework also includes other activities that are not automatically included in Article 190 modification.

Do not assume that any Spanish language course, volunteering programme or student-mobility programme creates an automatic EX-26 path to work residence.

Must the Studies Be Completed?

Yes.

For the standard Article 190 transition, the applicant must normally have obtained the:

  • qualification;
  • diploma;
  • certificate;

corresponding to the studies or training.

Simply enrolling in a course is not enough.

Simply reaching the expiration date of a student TIE without completing the qualifying programme is also not the same as successfully meeting the Article 190 requirement.

Scholarship Restriction

Another important Article 190 condition concerns certain publicly or privately funded development or humanitarian programmes.

The applicant must not have received a scholarship or subsidy from Spanish or home-country public or private organizations within programmes of:

  • sustainable development cooperation; or
  • humanitarian action

where the restriction under Article 190 applies.

Applicants who received substantial scholarship funding should identify the legal nature of that funding before assuming they qualify for modification.

Student to Employee Residence

A qualifying student can modify to:

residencia temporal y trabajo por cuenta ajena

or temporary residence and work as an employee.

The main requirements include:

  • successful completion of qualifying studies or training;
  • a genuine employment contract;
  • compliant employment conditions;
  • employer registration with Social Security;
  • employer compliance with tax and Social Security obligations;
  • sufficient employer resources;
  • required professional qualifications where applicable;
  • applicable criminal-record and public-order requirements.

The employment contract should be conditional on the new immigration authorization becoming effective.

Does the National Employment Situation Apply to Student-to-Work Modification?

The Article 190 employee route benefits from an important exception.

The applicant must satisfy the employment requirements of Article 74 except the national employment-situation requirement.

This means a qualifying graduate does not normally need the employer to prove that the position could not be filled through Spain’s domestic labour market merely because the modification is from qualifying studies.

This can make the student-to-work transition substantially easier than some ordinary initial work-permit applications from abroad.

Who Can Submit Student-to-Employee EX-26?

The application can be submitted by:

  • the foreign student; or
  • the employer.

The employer assumes responsibility for the applicable work-authorization fee.

Student to Self-Employment

A qualifying student can also modify to residence and work:

por cuenta propia

or self-employed activity.

The applicant generally needs to demonstrate matters such as:

  • successful completion of qualifying studies or training;
  • compliance with legal requirements for opening and operating the planned activity;
  • required professional qualifications;
  • professional registration where legally required;
  • sufficient investment;
  • realistic business activity;
  • relevant licences or authorizations.

There is no universal fixed investment amount that applies to every self-employed project.

The financial evidence must make sense for the particular activity.

For the underlying self-employed framework, see our EX-07 Self-Employed Work Permit guide and Spain Self-Employed Visa guide.

Student to Residence With Work-Authorization Exemption

EX-26 also includes a route from qualifying studies or training to:

residencia con excepción de la autorización de trabajo

This applies only where the proposed activity falls within one of Spain’s specific legal work-authorization exemptions.

It is not a shortcut for ordinary employment.

The applicant must genuinely qualify under the relevant exempt-activity category.

For the work-exemption framework, see our EX-09 Work Authorization Exemption guide.

What Happens to the Student’s Family?

Qualifying family members who already live with the student under a long-duration family stay can potentially transition to family reunification residence when the principal student modifies status.

The main applicant must demonstrate:

  • sufficient economic resources; and
  • adequate housing.

The family residence is linked to the effectiveness and validity of the principal applicant’s new authorization.

This is important for families planning the transition from studies to long-term life in Spain.

For the general family-reunification framework, see our EX-02 Family Reunification guide.

When Can a Student File EX-26?

The current Article 190 rule allows qualifying applications during:

the two months before

or:

the three months after

the relevant expiration of the study/training authorization or the obtaining of the corresponding qualification or certificate, according to the circumstances of the application.

The 2026 version of Article 190 should be used when determining the filing window.

Do not rely on older guides that describe only one narrow period following completion of studies.

Does Filing Protect the Existing Student Status?

Yes, when the Article 190 application is filed within the legally permitted period.

The existing stay authorization is extended until the modification procedure is decided.

This avoids an unnecessary gap in lawful status while the authorities process the change.

Can You Work While Student EX-26 Is Pending?

Current rules provide a major benefit.

Once a qualifying Article 190 application has been admitted for processing, the existing study authorization becomes a provisional authorization corresponding to the requested modification while the procedure is pending.

Depending on the route requested, this can mean provisional:

  • residence and employee work;
  • residence and self-employment;
  • residence with work-authorization exemption.

For employee or self-employed modifications, the admission notice should expressly confirm authorization to work full-time.

If the application is ultimately refused, archived or withdrawn, the provisional authorization ends automatically.

How Long Is the Student-to-Work Authorization?

A successful Article 190 modification is generally issued for:

one year.

The authorization then has the effects established for the corresponding renewed type of authorization.

Where the residence/work authorization depends on Social Security registration, effectiveness is conditional on completing the required registration.

Social Security After Student-to-Work Approval

For a modification resulting in work authorization, Social Security is a critical stage.

The authorization becomes effective when the worker is registered in the corresponding Social Security regime where that condition applies.

After the authorization becomes effective, the foreign national must also complete the TIE procedure.

For Social Security information, see our Social Security Number in Spain guide.

Job-Search Residence After University

EX-26 also includes an important alternative for certain higher-education graduates:

residence for job search or starting a business project

under Spain’s Law 14/2013 framework.

This route is different from directly modifying to employee or self-employed residence.

Who Can Use the Graduate Job-Search Route?

The applicant must generally have:

  • held a qualifying long-duration study authorization;
  • completed higher education in Spain;
  • reached at least Level 6 of the European Qualifications Framework;
  • appropriate health insurance;
  • sufficient financial resources;
  • qualifying immigration and criminal-record status.

Level 6 generally corresponds to university-degree level.

How Long Does Job-Search Residence Last?

The current authorization lasts:

24 months

and is not renewable.

Its purpose is to allow the graduate to:

  • seek employment appropriate to the completed studies; or
  • prepare a qualifying business project.

Can You Work on the Job-Search Permit?

No.

This is a crucial distinction.

The 24-month job-search residence authorization does not itself authorize employment or self-employment.

Once the person obtains suitable employment or develops the business project, they must apply for the appropriate work or residence authorization.

Therefore:

Direct student → work modification = work authorization after the applicable process

while:

Student → 24-month job-search residence = time to search, but no work authorization

Choose carefully between the routes.

Temporary Residence to Residence and Work

Article 191 deals with people who are already in Spain in temporary residence, rather than student estancia.

It allows qualifying residents to move to another temporary residence-and-work authorization without first obtaining a new visa.

The requirements depend heavily on:

  • whether the existing permit already authorizes work;
  • whether the person has held residence for at least one year;
  • whether employment or self-employment is requested.

Residence for Less Than One Year: Employee Work

A person who has held temporary residence for less than one year and wants to obtain employee residence/work generally needs to satisfy the full requirements for an initial employee authorization.

This includes the national employment-situation requirement where applicable.

The new authorization:

  • is treated as an initial residence-and-work authorization;
  • is normally valid for one year.

This rule can apply whether the previous temporary residence did or did not already contain work rights, subject to the exact source authorization and exclusions.

National Employment Situation for Residents Under One Year

This point is frequently misunderstood.

Where Article 191.2 applies, Spain can require the normal labour-market test.

That requirement can be satisfied through mechanisms such as:

  • an occupation appearing on the difficult-to-fill occupations catalogue;
  • employer evidence that the vacancy could not reasonably be filled;
  • an applicable international agreement;
  • an exemption under Article 40 of Spain’s Immigration Law.

Do not assume that merely being legally resident in Spain for several months automatically removes the labour-market requirement.

Employee Contract Requirements

Where modification is based on employment, the application normally needs a genuine signed contract.

The employer must also demonstrate:

  • registration with Social Security;
  • compliance with tax obligations;
  • compliance with Social Security obligations;
  • sufficient economic, material or personnel resources;
  • ability to meet the obligations in the contract.

The worker must have any professional qualifications legally required for the position.

Residence for at Least One Year That Already Allowed Work

A more favourable route applies when the person:

  • has been legally resident for at least one year; and
  • already holds a residence authorization that permits work.

The applicant generally proves the requirements associated with renewal of the relevant employee or self-employed authorization rather than restarting the entire initial-permit test.

The resulting authorization can have a validity of:

four years.

This is an important improvement compared with the one-year initial-type modification applicable in other situations.

Four-Year Authorization and Work Rights

The current EX-26 structure provides for a broader residence-and-work authorization after the qualifying one-year residence threshold where the existing status already permitted work.

The exact evidence depends on whether the person’s employment history is based on:

  • employee work; or
  • self-employment.

The applicant should prepare documentation matching the applicable renewal conditions rather than treating the case as an entirely new initial application.

Residence for at Least One Year That Did Not Allow Work

A person who has been legally resident for at least one year but whose current residence authorization does not permit work can potentially modify to:

  • employee residence/work; or
  • self-employed residence/work.

This route is different from the less-than-one-year rule.

For employee work, the applicant generally satisfies Article 74 requirements without the national employment-situation requirement.

For self-employment, the applicant must satisfy the applicable Article 84 requirements.

Duration When Previous Residence Did Not Permit Work

Where Article 191.4 applies, the new work authorization is generally valid for:

one year.

Its effectiveness is normally conditional on the person being registered in the relevant Social Security regime.

That registration must be completed within the applicable period after approval.

Can the Resident or Employer File EX-26?

For many Article 191 modifications, the application can be submitted by:

  • the foreign resident; or
  • the employer where applicable.

The correct applicant depends on the requested authorization.

Self-employed applications normally place the procedural responsibility on the foreign national.

EX-26 After Arraigo

EX-26 is particularly important for people approaching the end of certain one-year arraigo or other exceptional-circumstances residence permits.

A typical transition can be:

Arraigo → Ordinary residence and work

The correct Article 191 route depends on whether:

  • the arraigo permit already allows work;
  • the person has completed the relevant residence period;
  • they satisfy employee or self-employed requirements;
  • the exceptional authorization instead qualifies for extension.

For current arraigo rules, see our EX-10 Arraigo Spain guide.

Modification vs Extension of Arraigo

Do not automatically assume that every arraigo holder must use EX-26 when the permit expires.

Current law allows extensions in specified arraigo circumstances.

The correct choice may therefore be:

Arraigo → Modification

or:

Arraigo → Extension

depending on the permit and the applicant’s circumstances.

This should be assessed before the existing authorization expires.

Not Every Exceptional-Circumstances Permit Can Be Modified

Article 191 contains exclusions.

Some categories of temporary residence are governed by their own continuation or modification rules and cannot simply be moved into Article 191 using EX-26.

Current exclusions include specified:

  • cross-border worker authorizations;
  • protection-related or other exceptional residence categories;
  • specialized victim-protection authorizations;
  • family-reunification permits governed by their own rules.

The exact legal basis printed on the current TIE or approval resolution should always be checked.

Seasonal Workers and EX-26

EX-26 also provides a special route for people who complete Spain’s multi-year seasonal-work framework.

A holder of seasonal residence and work can potentially transition to ordinary residence and work after completing the qualifying:

four-year seasonal authorization period

provided they complied with the applicable requirements throughout that period, including the return commitment.

For the seasonal-work framework, see our EX-06 Seasonal Work guide.

Seasonal Work to Employee Residence

After successfully completing the four-year seasonal cycle, the worker can potentially obtain ordinary residence and work as an employee.

The applicant generally needs to satisfy the normal employment requirements except the specific national employment-situation condition identified by the current rules.

Seasonal Work to Self-Employment

A qualifying seasonal worker can also potentially transition to self-employed residence and work.

The applicant must demonstrate a viable self-employed activity under the applicable requirements.

How Long Is the Post-Seasonal Authorization?

The resulting authorization is generally valid for:

two years.

It is treated as an initial residence-and-work authorization.

When Can a Seasonal Worker Apply?

The modification can generally be requested:

during the three months before the seasonal authorization ends

or, after the worker has complied with the return requirement:

within six months after the authorization has ended.

The location of the worker at the time of approval can affect whether an entry visa is then required.

EX-26 to Change Occupation, Sector or Territory

EX-26 is not used only to change from one immigration status to another.

Article 192 also allows certain holders of initial residence-and-work authorizations to change restrictions applying to the work authorization.

During the first year of an initial residence/work authorization, the holder can request a modification concerning matters such as:

  • occupation;
  • sector of activity;
  • territorial scope.

The competent authority depends on where the new work or self-employed activity will take place.

National Employment Situation When Changing Employee Work Scope

Where an employee asks to change the scope of an initial employee work authorization during its first year, Spain can take the national employment situation into account.

Therefore, changing:

  • occupation;
  • sector;
  • geographic area

is not necessarily automatic.

How Long Does a Work-Scope Modification Take?

Article 192 establishes a maximum decision period of:

one month

for this type of modification.

Importantly, if no express decision is notified within that period, the application is generally considered:

approved through positive administrative silence.

This is different from many other EX-26 routes, where administrative silence is negative.

Employee to Employee Plus Self-Employed Activity

The current EX-26 also allows qualifying holders of employee residence/work authorization to request authorization that enables self-employed activity as well.

This can be useful for someone who wants to keep a Spanish job while developing a separate professional or business activity.

For example:

Employee + freelance consulting

or:

Employee + independent business

The applicant must satisfy the requirements applicable to the self-employed activity.

Does Adding Self-Employment Extend the Permit?

No.

Under Article 192, adding self-employed activity does not automatically extend the validity period of the residence/work authorization being modified.

If the existing authorization expires in eight months, adding self-employment does not automatically create a fresh four-year residence period.

This distinction is extremely important.

EX-26 After EU Family Residence Ends

EX-26 can also be relevant when a non-EU foreign national ceases to qualify as the holder of:

Tarjeta de Residencia de Familiar de Ciudadano de la Unión

The first question should always be whether the person has a right to retain EU-family residence independently.

If not, Article 191 can provide a transition to another Spanish immigration authorization where the applicable requirements are met.

Possible destinations include:

  • Non-Lucrative residence;
  • employee residence/work;
  • self-employed residence/work;
  • residence with exemption from work authorization.

For the EU-family residence framework, see our EX-19 EU Family Residence Card guide.

EX-26 After Spanish Family Residence Ends

The same Article 191 framework can apply where a foreign national ceases to qualify under the dedicated residence regime for family members of Spanish citizens.

Before modifying, first determine whether the person qualifies for independent residence under the Spanish-family rules.

If no independent right applies, EX-26 can potentially provide a transition to:

  • Non-Lucrative residence;
  • employee residence;
  • self-employed residence;
  • residence exempt from work authorization.

For the family-of-Spanish-citizen framework, see our EX-24 Family Members of Spanish Citizens guide.

EX-26 to Non-Lucrative Residence

A person leaving qualifying EU-family or Spanish-family status may be able to modify to Non-Lucrative residence.

The applicant must satisfy the requirements of that residence category, including appropriate:

  • financial resources;
  • healthcare coverage;
  • immigration conditions.

Non-Lucrative residence does not authorize ordinary work.

For the underlying procedure, see our EX-01 Non-Lucrative Residence guide.

EX-26 to Employee Residence

A former family-status holder can potentially move to employee residence/work where they meet the employment requirements.

The application can require:

  • employment contract;
  • employer documentation;
  • qualifications;
  • compliance with the applicable immigration requirements.

The specific rules differ from a person applying for an ordinary first work authorization from abroad because Article 191 allows the transition without a new visa where its conditions are satisfied.

EX-26 to Self-Employment

A former family-status holder can also potentially move to self-employed residence.

They must prove matters such as:

  • viable activity;
  • licences;
  • qualifications;
  • sufficient investment;
  • compliance with business requirements.

EX-26 to Work-Exempt Residence

Where the person will perform one of Spain’s activities legally exempt from obtaining an ordinary work authorization, residence with a work-authorization exemption can also be available.

This is a specialized route and should only be selected when the activity genuinely falls within the legal exemption.

How Long Is the New Authorization After Family Status Ends?

Article 191 provides that the duration corresponds to the period applicable according to the duration of the family documentation previously held and the authorization requested.

There is therefore no universal “one-year EX-26 family modification” rule.

The correct duration depends on the specific case.

What Information Does EX-26 Ask For?

The current EX-26 contains several main sections.

Foreign Applicant Details

The form asks for information including:

  • passport;
  • NIE;
  • surnames;
  • first name;
  • sex;
  • date of birth;
  • place and country of birth;
  • nationality;
  • marital status;
  • parents’ names;
  • Spanish address;
  • telephone;
  • email.

It also asks whether the applicant has school-age children in Spain.

Employer Details

Where the modification involves employee work, EX-26 includes information about the employer.

This can include:

  • name or company name;
  • NIF or NIE;
  • economic activity;
  • CNAE;
  • address;
  • representative;
  • contact information.

Complete this section only where relevant to the chosen modification.

Representative Details

The form contains a section for an authorized representative where representation is permitted.

Notification Address

Official communications can be sent to the chosen notification address or through Spain’s electronic notification system where applicable.

Electronic notifications should be monitored carefully.

For information about electronic administration, see our Digital Certificate in Spain guide.

Section 5: The Most Important Part of EX-26

Section 5 asks for:

Situación de origen y tipo de autorización solicitada

or:

Current status and type of authorization requested

This is the core of EX-26.

Before selecting anything, identify:

  1. your exact current authorization;
  2. how long you have held it;
  3. whether it currently permits work;
  4. what authorization you want next.

Do not identify yourself only as:

  • “student”;
  • “worker”;
  • “arraigo holder”;
  • “family member.”

The exact legal authorization matters.

Documents Commonly Required for EX-26

There is no universal EX-26 document checklist.

However, many applications start with:

  • completed EX-26;
  • complete valid passport or travel document;
  • current TIE or immigration authorization information;
  • evidence establishing the existing immigration status;
  • documents required for the requested new authorization;
  • applicable government fee documentation.

Additional evidence can then include:

  • study-completion certificate;
  • employment contract;
  • employer tax and Social Security information;
  • employer financial evidence;
  • professional qualifications;
  • business plan;
  • investment evidence;
  • licences;
  • Social Security records;
  • employment history;
  • family documents;
  • housing documentation;
  • financial resources;
  • healthcare coverage;
  • criminal-record certificates where required.

The document package should be based on the destination authorization, not merely on the EX-26 form.

Foreign Documents

Foreign public documents may require:

  • Hague Apostille;
  • consular legalization;
  • sworn translation.

The exact requirement depends on:

  • issuing country;
  • document type;
  • applicable international agreement.

Do not submit important foreign certificates without checking whether Spain requires formal authentication.

Where Is EX-26 Submitted?

For many modification procedures, the competent authority is the immigration office connected with the province where the foreign national:

  • has established residence; or
  • will establish effective residence.

Many applications can be submitted electronically through Mercurio.

Depending on the procedure, the application can be filed by:

  • the foreign national;
  • the employer;
  • an authorized representative.

Some employment matters can also involve Autonomous Communities that hold transferred executive powers over initial work authorizations.

Can EX-26 Be Filed Through Mercurio?

Yes.

Many EX-26 procedures can be submitted electronically through Mercurio.

Electronic filing provides useful evidence of:

  • submission date;
  • documents uploaded;
  • application status;
  • later responses.

Make sure every document is clear and properly categorized before submitting.

EX-26 Government Fees

EX-26 does not have one universal fee.

The fee depends on the requested modification.

Common fee forms can include:

Modelo 790 Código 052 — residence/modification fee payable by the foreign national where applicable.

Modelo 790 Código 062 — work-authorization fee payable by the employer or applicant according to the type of work authorization.

The applicable fee generally becomes due when the application is admitted for processing and must be paid within the required period.

Do not select a fee category based only on the words “EX-26.”

Select it based on the actual modification.

How Long Does EX-26 Take?

There is no single processing period for every EX-26 case.

Different legal routes have different decision periods.

Examples include:

ModificationTypical Official Decision Period
Many residence-to-work modifications3 months
Student to employee work3 months
Student to self-employment3 months
Modification of work occupation/sector/territory under Article 192.11 month
Graduate job-search residence20 days
Former family status → new authorizationDepends on destination authorization

Always identify the legal route before calculating the deadline.

Is Administrative Silence Positive or Negative?

It depends on the procedure.

For many ordinary residence-to-work EX-26 modifications, administrative silence is:

negative

after the applicable period.

However, there are important exceptions.

For modification of the scope of a work authorization under Article 192.1:

one month without an express decision → positive administrative silence

The graduate job-search authorization also has its own positive-silence rule after its statutory decision period.

Do not apply one silence rule to every EX-26 application.

Social Security After Approval

Where the new residence/work authorization becomes effective only after Social Security registration, the applicant must complete that registration within the legally required period.

A typical sequence is:

EX-26 approval → Social Security registration → Authorization becomes effective → TIE

Failure to complete the required Social Security step can prevent the work authorization from taking effect.

Do You Need a New TIE?

Usually, yes.

When EX-26 changes the type or duration of your residence authorization, your physical TIE should normally be updated to reflect the new immigration status.

The TIE procedure is separate from EX-26.

For the physical card process, see our EX-17 TIE Form guide and TIE Card Spain guide.

EX-26 vs Renewal

These procedures are not the same.

Renewal

You substantially continue the same immigration status.

Example:

Employee residence → Employee residence renewal

Modification

You move to a different type or scope of authorization.

Example:

Study stay → Employee residence

or:

Residence without work rights → Self-employed residence

or:

Employee authorization → Employee + self-employed activity

Before using EX-26, make sure you are actually modifying rather than renewing.

EX-26 vs EX-03

EX-03 concerns employee residence/work procedures.

EX-26 becomes relevant when the applicant already has a qualifying Spanish status and wants to modify into the employee route.

A typical sequence could therefore be:

Existing Spanish residence → EX-26 modification → Employee residence/work

rather than starting an initial abroad-based process.

For employee immigration, see our EX-03 Employee Residence and Work guide.

EX-26 vs EX-07

EX-07 is associated with Spain’s ordinary self-employed residence/work framework.

EX-26 can be used where an existing resident or qualifying student is legally permitted to modify into self-employment.

EX-26 vs EX-10

EX-10 is used to obtain many exceptional-circumstances residence authorizations, including standard arraigo categories.

EX-26 can become relevant later when a qualifying holder moves from exceptional-circumstances residence into an ordinary residence/work authorization.

A common sequence can therefore be:

EX-10 → Arraigo residence → EX-26 modification → Ordinary residence/work

EX-26 vs EX-17

EX-26 changes the underlying immigration authorization.

EX-17 deals with the physical TIE.

The normal sequence is:

EX-26 → Approval → Social Security where required → EX-17 → New TIE

Common EX-26 Mistakes

Treating EX-26 as One Immigration Permit

It is a form used for multiple different modifications.

Starting With the Form Instead of the Legal Route

First identify:

current authorization → desired authorization

Then prepare EX-26.

Assuming Every Student Can Modify to Work

Only specified study and training categories qualify under Article 190.

Applying Before Completing the Required Studies

The standard Article 190 route generally requires the corresponding qualification or certificate.

Thinking Student-to-Work Requires the National Employment Test

The qualifying Article 190 employee modification does not apply the ordinary national employment-situation requirement.

Missing the Student Modification Window

Current Article 190 timing should be checked carefully, including the 2026 rules.

Not Knowing About Provisional Student Work Rights

Once a qualifying Article 190 application is admitted for processing, provisional full-time work rights can apply according to the requested route.

Choosing Job-Search Residence and Assuming You Can Work

The 24-month graduate job-search permit does not authorize work.

Assuming Six Months of Residence Removes the Labour-Market Test

A resident with less than one year can still fall under the initial employee rules, including the national employment situation.

Confusing Less Than One Year With At Least One Year

Article 191 applies substantially different requirements depending on this threshold.

Assuming Every One-Year Resident Gets a Four-Year Permit

The four-year result under Article 191.3 applies where the relevant conditions are met, including that the existing residence already authorized work.

Assuming Arraigo Must Always Be Modified

Some arraigo permits can instead be extended.

Assuming Every Exceptional Residence Can Use EX-26

Certain categories are specifically excluded or governed by their own rules.

Forgetting Social Security Registration

Some new authorizations do not become effective until the required Social Security registration occurs.

Adding Self-Employment and Assuming the Residence Clock Restarts

An Article 192 modification adding self-employment does not automatically extend the validity of the existing authorization.

Using EX-26 When You Retain Family Residence Independently

After divorce, death or another family change, first determine whether you can retain the existing family residence under its own rules.

Paying the Wrong Fee

Different EX-26 routes use different Modelo 790 concepts.

Assuming Every EX-26 Has the Same Processing Time

Processing periods and administrative-silence rules vary.

Ignoring the New TIE

A successful modification usually needs to be reflected in updated physical documentation.

EX-26 Decision Checklist

Before filing, answer these questions:

  • What exact authorization do I currently hold?
  • What article or immigration category produced it?
  • When was it granted?
  • When does it expire?
  • Does it currently allow employee work?
  • Does it currently allow self-employment?
  • Have I held residence for less than one year or at least one year?
  • Am I currently in estancia or residencia?
  • If I am a student, is my study category eligible for Article 190?
  • Have I completed the required qualification or training?
  • Do I want employment or self-employment?
  • Does the national employment situation apply?
  • Does my employer satisfy the immigration requirements?
  • If self-employed, is the activity legally and financially viable?
  • Am I coming from arraigo or another exceptional authorization?
  • Can my existing authorization be extended instead?
  • Have I lost EU-family or Spanish-family residence?
  • Do I have an independent right to keep that family status?
  • Is EX-26 genuinely the correct modification form?
  • What fees apply to this exact route?
  • Is Social Security registration required after approval?
  • Will I need a new TIE?

If these questions are not answered first, completing EX-26 can result in choosing the wrong legal route.

Frequently Asked Questions About EX-26

What is EX-26 used for?

EX-26 is used to modify certain existing Spanish residence or long-duration stay authorizations.

Is EX-26 a visa?

No.

It normally concerns a person who already holds qualifying legal status in Spain.

Can students use EX-26?

Yes, where their study or training category is covered by Article 190 and the applicable requirements are met.

Can I change from a student visa to a work permit?

Potentially yes.

Qualifying students who successfully complete specified studies or training can modify to employee or self-employed residence without leaving Spain for a new visa.

Do I need to finish my studies?

For the standard Article 190 modification, yes. The corresponding qualification or certificate normally needs to have been obtained.

Can every language student modify to work?

No.

Do not assume that every type of long-duration study or training stay qualifies.

Does a student-to-employee modification require the labour-market test?

The national employment-situation requirement is excluded from the qualifying Article 190 employee modification.

Who submits student-to-employee EX-26?

The qualifying student or the employer can submit the application.

Can a student become autónomo?

Yes, where the Article 190 requirements and self-employment requirements are satisfied.

Can I work while student EX-26 is pending?

Once a qualifying Article 190 application has been admitted for processing, provisional work authorization can apply according to the requested route, including full-time work where specified by current law.

How long is student-to-work residence?

The initial Article 190 modification is generally valid for one year.

Can my student spouse or children change status too?

Qualifying family members already living with the student can potentially obtain family-reunification residence when the requirements are satisfied.

What is the 24-month job-search permit?

It is a residence authorization for qualifying higher-education graduates to search for suitable employment or develop a business project.

Can I work during the 24-month job-search permit?

No.

Is the job-search permit renewable?

No.

It is currently a 24-month non-renewable authorization.

Can someone with temporary residence change to work residence?

Yes, in qualifying cases.

What if I have lived in Spain as a resident for less than one year?

A modification to employee residence generally requires the initial employee conditions, including the national employment-situation requirement where applicable.

How long is that authorization?

Generally one year.

What if I have lived in Spain for at least one year and already have work rights?

Article 191.3 provides a more favourable modification based on renewal-type requirements and can result in a four-year authorization.

What if I have lived in Spain for at least one year but cannot currently work?

You can potentially modify to employee or self-employed residence if the applicable conditions are met.

Does the national employment test apply after one year of residence when the old authorization did not allow work?

For the employee route under Article 191.4, the Article 74 national employment-situation requirement is excluded.

Can an arraigo holder use EX-26?

Yes, in qualifying circumstances.

Must every arraigo holder modify?

No.

Some exceptional-circumstances permits can be extended under their own rules.

Can seasonal workers use EX-26?

Yes, after completing the qualifying four-year seasonal framework and satisfying the applicable return and other requirements.

How long is the post-seasonal authorization?

Generally two years.

Can I change the occupation on my current work permit?

Potentially.

Article 192 allows modification of occupation, sector or territorial scope during the first year of qualifying initial residence/work authorization.

How long does that modification take?

The statutory maximum is one month.

Is administrative silence positive for that Article 192 change?

Yes.

Can I work as an employee and autónomo at the same time?

EX-26 includes a route allowing qualifying employee residence/work holders to add self-employed activity.

Does adding autónomo status extend my current permit?

No.

The Article 192 modification does not extend the validity of the existing authorization.

Can EX-26 be used after divorce from an EU citizen?

Potentially, but first determine whether you retain EU-family residence independently.

If not, Article 191 can provide several modification options where the requirements are met.

Can EX-26 be used after Spanish-family residence ends?

Potentially, subject to the same principle: first determine whether an independent right under the Spanish-family regime exists.

Can I change to Non-Lucrative residence?

Certain former EU-family or Spanish-family residence holders can potentially modify to Non-Lucrative residence.

Can EX-26 be filed online?

Many EX-26 applications can be submitted through Mercurio.

Do I need a Digital Certificate?

If you are filing personally through an electronic procedure, accepted electronic identification is generally required.

Which fee do I pay?

It depends on the modification. Modelo 790 Código 052 and, for certain work authorizations, Código 062 can apply.

How long does EX-26 take?

There is no single period.

Many work modifications have a three-month decision period, while other EX-26 procedures have different statutory deadlines.

Is administrative silence always negative?

No.

For example, an Article 192.1 work-scope modification has positive administrative silence after one month.

Do I need a new TIE after EX-26 approval?

Usually yes when the underlying immigration authorization changes.

Which EX-26 Route Applies to You?

The easiest way to understand EX-26 is as a decision tree.

Are you currently studying in Spain under a qualifying authorization?

→ Examine Article 190.

Are you already a temporary resident and want to obtain or change work rights?

→ Examine Article 191.

Do you already have a residence/work authorization but want to change its occupation, sector, territory or add self-employment?

→ Examine Article 192.

Did EU-family or Spanish-family residence end?

→ First check whether you retain an independent family residence right, then examine Article 191.8 if modification is needed.

Did you complete a qualifying four-year seasonal authorization?

→ Examine the special Article 191.6 route.

The correct immigration transition should always be identified before completing the form.

Need Help Changing Immigration Status in Spain?

EX-26 is one of the most important connecting forms in Spain’s immigration system because it can move a person from one legal status to another without restarting the entire immigration journey.

A typical pathway can look like:

EX-00 Student Status → EX-26 → Residence and Work → EX-17 → TIE

or:

EX-10 Arraigo → EX-26 → Ordinary Residence and Work → TIE

or:

EU/Spanish Family Residence Ends → EX-26 → Independent Residence/Work Route → TIE

Before filing, compare the relevant procedures:

  • EX-00 Study and Training Stay
  • EX-03 Employee Residence and Work
  • EX-07 Self-Employed Residence and Work
  • EX-09 Work Authorization Exemption
  • EX-10 Arraigo
  • EX-17 TIE Application
  • EX-19 EU Family Residence
  • EX-24 Family Members of Spanish Citizens
  • Spain Immigration Forms Guide

For assistance identifying the correct modification, checking the requirements and preparing the application, contact Newcomer.es.

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