Options to work in Spain with a student card
1 December, 2022duguech
Did you know that foreign students can work anywhere in Spain with their authorization of stay for studies up to 30 hours per week? Here I explain the options available to you:
Residency permit for internships
This authorization is granted to foreign students in higher education (minimum level six) or those who have completed their studies within the last two years. You can obtain it by agreement or contract.
- Residency permit for internships by agreement: The internship agreement is made between the university and a company. With this you will be able to do a paid internship and, later on, you can apply for a work permit. The duration of the internship residency permit is equal to the duration of the agreement and is valid for a maximum of one year.
- Residency permit for internship under contract: With an employment contract you will work as any other employee. The duration of the permit will be equivalent to the duration of the contract, with a minimum duration of six months, and a maximum of two years.
The entrepreneur visa is attractive to many foreign students who wish to start their own business. It has the advantage that, unlike other European countries, it does not require a mandatory initial investment.
However, it is a visa with demanding requirements. To apply for it, you must prove that your future company is going to develop an innovative or interesting activity for the Spanish economy. And, although no specific number of employees has been established as a requirement, your business plan must generate long-term employment.
The most important thing when applying for your entrepreneur visa will be your business plan. What makes it different? Why do you think it is truly innovative?
Keep in mind that if it is not a really novel idea you will not be granted this visa, as the government is quite selective with professional profiles and business plans.
Residency and self-employment authorization
Unlike the entrepreneur visa, the self-employment permit allows you to set up your own business without the need for it to be a start-up company. Even so, you will have to prepare a detailed business plan clearly defining the lucrative activity you are going to develop in Spain, as well as the expected investment and the expected profits.
Our recommendation is that, in addition to a properly prepared business plan, you should include a valuation report of your company. You can do this with the Federación Nacional de Asociaciones de Empresarios y Trabajadores Autónomos (ATA) or with the Organización de Profesionales y Autónomos (OPA). It is not mandatory, but it will be well received at the Immigration Office.
The recent reform of the Immigration Law establishes that it is no longer necessary to prove that you have sufficient economic means to support yourself.
That is to say, it will be enough to prove that you have the initial investment to create your own business. What you will have to prove is that you have the adequate training to set up your business.
The self-employment permit is valid for one year, renewable for four more years.
Authorization of residency and work for others
This permit is requested by the employer who wants to hire a foreign worker who is in his country of origin.
The application is made by the employer or personally or by a legal representative at the Immigration Office of the province where the employee is going to work.
If the company has more than 500 employees and offices in more than one province, the application must be submitted to the Large Companies Unit of the General Directorate of Immigration.
With the recent reform of the Immigration Law, the process of hiring foreign workers has been facilitated since the catalog of occupations that are difficult to cover has been expanded.
In other words, the range of job offers has been opened to cover more jobs that need labor. If companies need personnel for occupations that are not difficult to fill, the reform of the law makes this possible by shortening the necessary certification periods and facilitating the procedure before the immigration office.
Highly qualified worker
This is undoubtedly one of the most favorable work visas for foreigners with higher education.
This residency permit allows non-EU citizens to live and work in Spain, as long as they get a job offer in a Spanish company to occupy a technical or qualified managerial position with personnel in charge.
Who can apply?
- Foreign citizens completing their higher education at a prestigious university or business school.
- Executives and managers with a team under their command.
- Workers who have advanced knowledge to develop their activity in really specialized positions.
As you can see, there are several options for working legally in Spain, and each of them has its questions.
What is the difference between the Blue Card and the work permit for highly qualified workers?
What if I have already finished my studies and want to continue studying and working?
My student card was issued before the reform of the Alien Law, what should I do to benefit from the new conditions of the law in terms of hiring or self-employment?
At Duguech&Dip we can solve these and other doubts related to work and legal residency options in Spain for students. Call us. We are waiting for you.
Since legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing on this article should be used as a substitute for the advice of competent legal counsel. The content on this article is offered only as information. And does not constitute solicitation or provision of legal advice. You should always consult a suitably qualified lawyer regarding any specific legal problem or matter.
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