If you have been studying in Spain and you would like to engage in any lucrative activity, then you should know that the Spanish Law offers you the opportunity of changing from a student visa to a work visa.
If you are a citizen of a member state of the European Union, you are authorized to carry out lucrative activities in Spain. In the case of other nationalities, your study visa permits you to work for up to 20 hours a week, provided that your workday is compatible with your study or research commitments. However, if you are close to finish your studies or research and have a job offer or wish to engage in any lucrative activity on your own, in general, you should meet the following requirements.
Working as an employee:Foreigners who are in Spain by means of a student visa might get the residence and work visa without applying for it, provided that the employer, as a legitimate subject, issue the application of authorization to reside and work in Spain. You, as the prospective employee, should submit a contract signed by the employer and yourself that guarantees you continued activity during the period of validity of the authorization to reside and work. In addition, the conditions outlined in the contract must meet all employment requirements in accordance to the current legislation. If the contract is part-time, remuneration shall be equal or superiror to the minimum wage for full-time and calculated annually. The employer applicant must be enrolled in the Social Security system and have fulfilled his/her obligations related to tax and Social Security.
Working as a freelance or autonomous worker.
Foreigners who are in Spain by means of a student visa might get the residence and work visa if they can prove that they meet the all legal requirements for the opening and execution of a planned lucrative activity. You must be able to demonstrate that the future investment is sufficient and it will create new jobs, if applicable; and to demonstrate as well, that you count with sufficient financial means for your personal expenses after deducting the necessary costs for the maintenance of the lucrative activity.
Whether you work for a Spanish company or on your own as a freelancer, you must submit the following documents as well:
- A document proving tha you have been studying for a length of time superior to 3 years. Please note that the Secretary of State for Immigration and Emigration may reduce the period of three years established in the Law by means of an exceptional written report stating that your presence in Spain is considered appropriate because of your professional and scientific merits. Those foreigners who have passed their training practices as outulined in the norms for recognition of specialist qualifications in Health Sciences, obtained in non-Member States of the European Union, might not be required to submit such prove as well.
- A document proving that you have not received financial support of any kind or nature from public or private organizations in cooperative programs or development of his/her homeland.
- A document proving that you have completed a study program, research work or training.
- A document proving that you posses enough certified professional qualifications or experience in the exercise of such professional activity, and the corresponding license if applicable.
- To submit a non-criminal record in Spain and in other previous countries of residence.
- To submit your passport.
If you wish to issue the residence for those family members who are living with you at the moment of the application, the Law allows you to do so by means of a residence permit for family reunification.
Please note that most of these documents must be translated into Spanish by a certified public interpreter. Most of the Spanish Consulates or Embassies have a list.
You should know that in order to start your application process, you must appear before the corresponding Immigration Office in the province where you will be providing the services. The process may take 3 months from the day all documents are submitted. Our specialized group of attorneys are ready to help you obtaining a positive answer from the Spanish authorities. Contact us.