MODIFICATION LAW OF STUDENTS
FOR JOB SEARCH
LAW 14/2013
Through the Royal Decree-Law 11/2018, two new Additional Provisions were incorporated, 17 and 18, which establish two new ways of acquiring residence for foreign students. Specifically, the first of them regulates the possibility of changing the student status to the non-profit initial residence permit for those foreigners who have acquired a certain academic level in Spain, and the second makes it possible to acquire a residence permit for internships aimed at Foreigners who have higher education or are carrying out such studies.
ADDITIONAL PROVISION 17. Student Residence Authorization for job search or to undertake a business project.
The residence permit for job search as a student is granted to Non-EU citizens who have completed their studies in Spain and thus can find a job, create their own company or start their own business project. It is not necessary for the job to be highly qualified, but it does have to be related to the level of studies completed.
Until recently, the law only allowed students to access the residence after three years of legal stay, holding a study permit. However, with this new provision, students who meet the established requirements will be able to acquire their resident status, their status being qualified as an initial non-profit resident. This means that, unless you do not have a work contract that meets the necessary conditions, you will need to obtain this residence in advance, which will allow you, for a non-extendable period of one year, to be able to have a work contract or be able to start a professional or business activity.
THE ASPECTS THAT HAVE BEEN CHANGED ARE THE FOLLOWING:
Those foreigners who have completed their higher studies in Spain may acquire a initial non-lucrative residence permit which will have a non-renewable validity of one year.
Until now, foreign students were only allowed to reside legally in Spain until they finished their studies or until the date on their card expired, unless they had held said study authorization for a consecutive period of three years from the time of the request.
It is granted so that certain students can access employment opportunities in Spain, provided that the work is related to the studies completed, as well as to be able to carry out a professional or business activity, not being necessary, in both cases, to leave the national territory to obtaining any visa. In other words, they are exempt from obtaining, in advance, a Residence and Work Visa.
- It allows you to stay in Spain for an extra year, without the need to invest in the country. This 12-month period of residence for job search is non-renewable.
- As with the student visa, it is allowed to bring a spouse or children and remain legally. Family members who have accompanied the student and who apply for this visa will have their residence linked to the holder of the main authorization (the foreign student in Spain). Therefore, they can also stay in Spain for one more year with the job search visa.
You cannot work in Spain with a residence permit to search for employment or to undertake a business project. This authorization is the bridge to obtain a residence authorization with work. So Once said Non-lucrative Residence has been obtained and the student has the opportunity to start a work activity, both as an employee and as a self-employed , must initiate the legal procedure for Residence and Work Authorization , which corresponds to those regulated in the LOEX and its Development Regulation and Law 14/2013, to formalize it.
REQUIREMENTS TO APPLY FOR THE PERMIT AS A STUDENT LOOKING FOR WORK IN SPAIN
- Have finished studies. These must have a minimum level of 6 (equivalent to a bachelor's degree), it can also be a master's degree, which is level 7 or a doctorate or Ph.D., level 8.
- Medical insurance, public or private, but with full national coverage and with the conditions required by current regulations.
- Demonstrate that the applicant is economically independent of the state (has sufficient economic resources to remain in the country during the time of job search).
- Not all universities and schools will work to get this visa. The university or Study Center must be on the list provided by the government for the application to be accepted.
- Foreign students can apply for this permit 60 calendar days before the expiration of their authorization or study visa or 90 calendar days after the date on which said stay authorization expired.
- It is estimated that the resolution time for this residence permit is 20 business days. After this period, if there was no response from the Administration, the authorization will be understood as favorable due to positive administrative silence.
MODIFICATION OF RESIDENCE PERMIT TO SEARCH FOR EMPLOYMENT BY RESIDENCE AND WORK PERMIT
There are two different possibilities: start working in a company or create your own company.
In both cases, the job search residence card must be changed to a residence and work permit.
It must be taken into account that the national employment situation is not considered in these cases. Additional Provision 17 of Law 14/13.
Both applications must be submitted 60 days before the end of the stay for studies or before 90 days have elapsed after the expiration of said stay.
It is estimated that the resolution time for this residence permit is 20 business days. After this period, if there was no response from the Administration, the authorization will be understood as favorable due to positive administrative silence.
MODIFICATION TO WORK PERMIT FOR EMPLOYEE
It is important that the job you find is related to previous studies, and that it requires skills that correspond to the level of education of the applicant.
The company may not incur in the causes of refusal provided for in Royal Decree 557/2011 and in the LOEX itself.
MODIFICATION TO A SELF-EMPLOYED WORK PERMIT
Authorization
for temporary residence and self-employment requested by a foreigner
for the execution of a
business project being in Spain as the holder of a residence authorization for job search or to undertake a business project in accordance with the provisions of RDL 11/ 2018 and the applicable regulations (LOEX, RD557/2011 and Law 14/2013).
REQUIREMENTS
- Comply with the requirements that current legislation requires for the opening and operation of the activity.
It is important to detail the project of the activity to be carried out. - Possess the required professional qualification or accredited experience, sufficient in the exercise of the professional activity, as well as, where appropriate, membership when required.
- Prove that the planned investment is sufficient and the impact, where appropriate, on job creation.
- Prove that you have sufficient financial means for your maintenance and accommodation, once those necessary for the maintenance of the activity have been deducted.