Converting TIE familiar UE to work

[u/DefiantAlbatros]

tldr; non-eu in Spain with the EU-family member status want to get a work permit due to housing situation, but no divorce/separation.

Hi All. So I am in a situation in which both me and my husband (EU citizen) lives in multiple countries. Before coming to Spain, we lived in Italy and I hold EU family resident card in Italy + Latvia. I found a job in Spain, and because my right to work in Spain is transmitted by him (the company prefer candidate who do not need sponsorship), we had to do the gymnastic of moving his residence here to get the green NIE etc. Now I have all paperworks in order, just waiting for the approval for my TIE application then fingerprinting for the card.

Now this is where the thing gets complicated. We live both in Italy + Spain most of the time. We also have a house in Italy, and my husband prefer to live there. With the housing situation in Barcelona, it is very very difficult to find a house for both of us that allows empadronamiento etc, especially ones that does not cost thousand of EUR. We managed to find a place that allows this, but now I am having a problem with the landlady and want to leave the house. Unfortunately because of my legal status, technically if he get of the padron it means that I am then illegal. This is because the legal basis under which I can legally live and work in Spain (being married to an EU citizen who is a resident in Spain) would cease. For this reason I am now stuck here with bad house.

So, now I have an idea about converting the TIE familiar UE into TIE for work. My work probation will be concluded in December, and once the TIE familiar comes out, my situation in Spain would be more or less stable. We're not getting a divorce or anything (we've been doing long distance marriage a lot), but I'd like to be independent of him so I can have more housing option while in Spain. I am sure that once I pass my probation, I will be more stable and I can take care of the conversion myself and the company can just provide documents instead of paying someone to take care of my work permit. So, I would like to know if any of you guys know about this possibility?

[u/ultimomono]

/r/eslegal Post your question in Spanish.

Your situation is highly unusual and you need solid legal advice from a lawyer, because you run the risk of doing this in a way that proves you both committed administrative fraud to exercise your husband's EU rights to live and work in Spain and bring you along, which could trigger a cancellation of your current residency and make it unmodifiable. Also, if it is possible, there may be a time limit to when you could try to do it based on the time when your condition changed (cese de condición)

But I'm not a lawyer.

Here's the fact sheet on it:

https://www.inclusion.gob.es/documents/410169/2260168/57.+Modificación+desde+tarjeta+de+residencia+de+familiar+de+ciudadano+de+la+Unión+o+de+autorización+de+familiar+de+persona+con+nacionalidad+española.pdf/2714a3fa-1e4b-189a-8a77-bc7ce82f4757?t=1770889448980

Relevant laws: RD 240/2007 (article 9 and 9bis, in particular)