If you are a higher level student and obtained a grade higher than 6, you can choose to Apply for a Residence Authorization that will allow you to reside in Spain for one year, which will allow you to look for a job or to start a business project.
Who requests it?
The objective of this permit is to allow Spain to position itself in the world competition to attract talent, like you, and thus become a center of excellence. Spain is immersed in a process of transformation in many fields of knowledge that present it as a very attractive destination for foreign students and researchers. In order to retain international students, the residence permit is promoted for job search or to undertake a business project in order to attract and retain foreign talent who comes to train in Spain.
The possibility of applying for a residence permit to search for a job or to undertake a business project is exclusively recognized for the foreign student.
You must be a holder of a study authorization, must have completed your studies at a recognized study center (an institution authorized in Spain) and have reached at least Level 6 according to the European Qualifications Framework.
Previous ownership of a stay authorization for studies granted to study at an authorized higher education institution in Spain, and be during the period that allows the legal extension of this authorization.
It only applies to third-country nationals, thus not affecting Union citizens and members of their families who enjoy the free movement rights of the Union citizens’ scheme.
Completion of studies in an institution of higher education: higher education encompasses “university education, higher artistic education, professional training of higher degree, professional education of plastic arts and design of higher degree and sports education of higher degree ”.
Obtaining, at least, level 6 according to the European Qualifications Framework.
If obtaining a higher education degree requires the completion of compulsory training practices, the studies will be deemed completed once said practices are completed. These will be carried out within the framework of your stay authorization for studies. If necessary, an extension of your stay authorization may be requested.
Procedure and duration of authorization
Applications for this residence authorization will be addressed to the Government Delegation or Subdelegation in the province in which you are going to reside.
With the application you must accompany the supporting documentation of compliance with the requirements.
La solicitud debe ser presentada durante los 60 días naturales previos a la fecha de caducidad o expiración de su autorización de estancia por estudios, o durante los 90 días naturales posteriores a esta fecha.
Once the application is registered, we will proceed with the procedure in order to assess the documentation presented.
If all the necessary documentation has not been attached, it will be required and must be submitted within ten days. If the documentation is not provided within the required period, the request will be considered withdrawn and the file will be archived, issuing the appropriate resolution for this purpose.
Duration of authorization
If any of the suspensive measures agreed by the health authorities is applied to your company during this situation, you can assess the processing of a temporary employment regulation file alleging force majeure.
If during the validity of your authorization to stay for studies in Spain, you have been accompanied by your dependent relatives who were also in a legal situation as relatives of the student, there is the possibility that you will continue to be accompanied by them.
Family members will be able to obtain a residence authorization as dependent relatives and it will be linked to the residence authorization for job search of the holder of the main authorization, that is, yours.
The relatives who may accompany the holder of a residence authorization to search for a job or undertake a business project must be those who were already in Spain and who had therefore obtained a prior visa or authorization to stay as a relative of the student .The relatives who may accompany the holder of a residence authorization to search for a job or undertake a business project must be those who were already in Spain and who had therefore obtained a prior visa or authorization to stay as a relative of the student.
The application for this residence authorization for their relatives can be submitted jointly to that of the principal’s residence authorization.
The period of validity of the residence authorization of the family members will expire on the date the validity of the principal’s authorization expires.
Family members will not have the right to work while they are holders of this residence authorization as family members.
Employment or New Entrepreneurship Requirements and Modifications
During the validity of the residence authorization for job search or to undertake a business project, the holder shall be authorized to seek employment appropriate to the level of studies completed or to undertake a business project.
You are not authorized to work during the validity of the residence authorization, therefore it is important to have sufficient means. This requirement will be taken into account in the instruction of the Residence Authorization application.
Once you are granted the corresponding authorization and during its validity, in the event that you find a suitable job in relation to the level of studies completed, or have undertaken a business project, you must request the corresponding authorization.
In order to determine if the job is adequate for the level of studies completed, an individualized analysis of the job offer as well as the studies must be carried out.
This adaptation to the level of completed studies is not required when the owner undertakes a business project.
A priori it is not required to have a work contract or job offer to apply for this residence authorization for job search
In the event that a residence authorization is requested from those regulated in Organic Law 4/2000 and its Regulations, the National Employment Situation will apply. For the non-application of the national employment situation, it is required that foreigners have been in Spain for at least one year in a residence situation.
In the event that a residence authorization is required from those regulated by Law 14/2013, the national employment situation will not apply. If during the validity of this authorization or after twelve months you have not found a job, you can reapply for a study authorization as long as you meet the requirements established for it.
*Our contribution from Duguech & Dip
- We will have an initial exploration meeting of your current Study Stay Authorization situation.
- You can have a list of personalized requirements according to your situation.
We will study your documentation and, if necessary, we will request the corresponding additional documents.
- You will have telephone advice in case of doubts regarding your procedure or documentation.
The application for residence authorization for job search will be submitted electronically and we will monitor your file.
- In the event that the application for residence authorization for job search gets a favorable resolution, we will prepare the next steps in order to request the issuance of the TIE.
- We will accompany you on the day you are summoned to take fingerprints and biometric data in order to issue the TIE.
- In case you have to leave unexpectedly to your country or you are going to visit your family, we will give you the support you need in order to process the Return Authorization.
- We offer you face-to-face or telephone consultancy in case you get a job or an entrepreneurship project and it is necessary to modify the residence authorization for job search..
* This information does not constitute legal advice under any circumstances, serving for informational purposes only. If you need professional services in labor matters, please contact us.