There has been a recent change in the legal regulation of residence and work permits, as a result of the transposition of EU Directives on entry and residence requirements for third-country nationals (not belonging to the European Union).
This amendment contains two important developments, in terms of permits for students or recent graduates or postgraduates:
- The obligation of non-EU students, who wish to participate in an internship program, to obtain a residence permit for internships.
- The possibility for students to obtain a residence permit for job search or to undertake a business project.
RESIDENCY AUTHORIZATION FOR INTERNSHIP
The new regulation establishes that foreigners who have obtained a higher education degree or who are studying to obtain one in Spain or abroad, may participate in an internship program by signing an internship agreement, in order to improve their knowledge, their practice or their experience in the professional environment.
1. To whom does the new regulation apply? To non-EU citizens who:
- Have obtained a degree, postgraduate or master’s degree in the previous two years
- Are studying to obtain one
2. Who requests it?
The host entity, that’s to say the firm or company where the internship will be carried out. Directly or with the help of a legal firm.
- The student must not have criminal record in the countries of residence during the last 5 years
- Not illegally residing in Spanish territory.
- Have health insurance
- Have sufficient economic resources (the same as to obtain authorization to stay as a student)
- To have been admitted to an internship based on the signing of an internship agreement, which includes theoretical and practical training.
- The internships must be carried out in the same academic field and at the same level of qualification as the higher education degree or study program.
4. Required content of the internship agreement:
- Description of the internship program
- Duration of the internship program
- Conditions of practice and supervision
- Number of hours of internship
- Signature of employment contract for internships
5. Validity: The permit will have a validity of 6 months, or a validity for the duration of the internship agreement if it is less than 6 months. The permit can be renewed only once and the total period of duration cannot exceed one year. It will be valid throughout the Spanish territory.
6.Processing term: The deadline to respond to the request is 30 days. In the event that it is not resolved within that period, the request will be considered estimated by administrative silence.
RESIDENCY AUTHORIZATION FOR THE SEARCH OF EMPLOYMENT OR TO UNDERTAKE A BUSINESS PROJECT
The legal reform introduces a new type of permit for foreigners who have reached at least graduate level, for the search of a suitable employment in relation to the level of completed studies or undertake a business project.
1. Who can apply for it? Foreign students who have completed their studies in Spain and have reached, at least, a level corresponding to the degree.
2. Application deadline: Within the 60 days prior to the end of the validity of the authorization to stay for studies in Spain or during the 90 days following.
The presentation of the application automatically extends the validity of the previous authorization, until the new one is granted.
- Having obtained the degree or certificate of higher education
- Have health insurance
- Have sufficient economic resources: responsible statement in which the economic sources will be detailed.
4. Validity: The permit will have a maximum and non-extendable term of 12 months.
5. Term of resolution: The deadline to respond to the request is 20 business days. In the event that it is not resolved within that period, the request will be considered estimated by administrative silence.
6. Fullfillment of the purpose of the permit: If, during the validity of the permit, the foreigner finds an adequate job at his / her completed level of studies or undertakes a business project, the corresponding residence and work authorization must be requested.