It is common to find people who have their cards as students in force and wonder if it is possible to work as a foreign student.
Non-European foreigners who are holders of a Student Residence Permit in Spain can work, but with certain limitations.
In the first place, it is important to take into account that the purpose of this type of permit, specifically, the Student Residence Permit is to “study”, that is, to carry out a certain academic training in the country, therefore, the right to work will be limited to the extent that this end is not affected.
However, article 42 of Royal Decree 557/2011, of April 20th, which approves the Regulation of Organic Law 4/2000, on rights and freedoms of foreigners in Spain and their social integration, after its reform by Organic Law 2/2009, refers to the “work of the holders of a residence permit” and establishes the following:
“1. Foreigners who have the corresponding authorization of residence for studies, research or training, non-work practices or volunteer services may be authorized to carry out work activities in public institutions or private entities when the employer, as a legitimate subject, submits the request for a work permit and the requirements set forth in article 64, except section 2.b) and section 3.a). (requirements for a residence permit for employees).
Likewise, they may be authorized to carry out activities on their own, as long as the requirements set forth in article 105 are met, except sections 2.b) and 3.d) (requirements for a residence permit for self-employed).
The aforementioned activities must be compatible with the performance of those for which, as a main purpose, the residence permit was granted. The income obtained may not have the character of a necessary resource for their support or stay, nor will they be considered in the framework of the procedure for the extension of stay”.
How can you work as a foreign student in Spain?
Apply for a Work Permit
As a foreigner, in order to work and develop a work activity in Spain, in addition to studying, you must request the corresponding Work Permit.
A non-European foreign student can work for someone else, provided that the work is compatible with their studies, and the salary obtained must not be an essential income for their maintenance and residence in Spain.
This work permit will be linked to the validity of your Student Residence Permit or to the duration of your contract, in any case, it cannot last longer than the study permit you have. In addition, if the study permit is lost, the authorization to work will be lost. This type of work permit must be obtained at the Immigration Office of the province where these services will be provided.
It is important to clarify that the legitimate subject to apply for the Work Permit is the entrepreneur themself or their employer.
Among the documentation that must be provided is the job offer signed by both parties, the financial means of the employer, etc. The student will not be able to start working until they obtain the favorable resolution of this permission to work.
As a general rule, this permit does not have geographical limitations, unless it coincides with the periods of study, since then it will only be for the place where the student resides/studies (unless the compatibility between working in another place and continuing to study is accredited). Therefore, during vacations, the student could work in all of Spain.
The contract can be part-time or full-time:
- If it is part-time, it is normally authorized to work until part-time (20 hours/week), since it must be a job compatible with their studies.
- If it is full-time, it cannot last more than 3 months and as long as it is in a period in which it does not coincide with their studies.
The worker must have the professional qualifications necessary for the job position for which they are hired.
Employers also have to meet a series of requirements:
- They must be registered with Social Security and up to date with the payment of Social Security contributions and taxes.
- If it is a company, it must prove that it has the necessary means, both financial and material, for the work for which the student is hired.
- If they are self-employed, they must have a minimum income of 100% of the IPREM if they do not have family responsibilities, 200% if they have a dependent family member, and 50% of the IPREM for each family member after the second. This calculation has to be done after deducting the salary that has to be paid to the student.
How to apply for a Work Permit?
The Work Permit must be requested at the Immigration Office of the province where you are going to work and must be requested by your employer. In the event that the permit is for a period of more than 6 months, the Form 790 Code 062 fee will have to be paid.
From the submission of the application, the Administration has a period of 3 months to reply. If the deadline has passed and there is no response, it will be understood that the permit has been denied.
Once the application is approved, the worker must personally request the Foreigner Identity Card (TIE) at the Immigration Office or Police Station where the permit has been processed. You must provide your passport, the official EX-17 Form, pay the corresponding fee, 3 photographs, and the Social Security Affiliation Number.
Can I extend my Work Permit?
It can be extended as long as you continue to have the Student Residence Permit, the work continues to be compatible with your studies, you continue to have sufficient income without counting on salary, and the part-time contract is extended. In the case of a full-time contract, the permit may be extended when the contract is extended, provided that in total it lasts less than 3 months.
Documents to request a Work Permit
To request a Work Permit as a foreign student, it will be necessary:
- The official EX-12 Form, filled in and signed by the employer who is going to hire the student.
- Valid passport of the student.
- Documentation that proves that the worker is qualified for the job (degrees, certificates…).
- Documentation that proves that the work and the studies are compatible (study schedule, work schedule…).
- In the case of being a company that contracts: CIF and copy of the deed of incorporation, a document that authorizes the representative of the company, DNI/NIE of the representative.
- In the case of being a self-employed person: DNI/NIE.
- The signed employment contract.
- Documentation that proves the financial means of the employer.
Can a student start their own business?
A student, holder of a Student Residence Permit, may also carry out an activity on their own.
To do this, you must provide your business plan at the time of the Work Permit application, prove that you have the financial means to make the investment and detail what benefits you will obtain from this work. That is to say, the same requirements that are required for a Residence Permit for Self-Employed, as far as the job aspect is concerned.
In this case, the legitimate subject to make the application is the student themself and they must present everything at the Immigration Office where they will carry out their activity on their own account.
As with the work permit linked to the Student Residence Permit, the student will not be able to start working until the favorable resolution is obtained.
A student may carry out a lucrative activity, provided that the work is compatible with the activity for which the stay was granted and that the income obtained does not have the character of necessary resources for the maintenance of the foreigner in Spain.
Other situations of foreign students in Spain: agreements and internships
Study practices
Sometimes the studies involve a series of non-work practices that are part of the study plan, and that are necessary to obtain the degree.
In this case, it is not necessary to request a permit for these practices, since when giving the Student Residence Permit, these study practices were implicit.
The internship agreements
These Agreements are made between the study center where you are studying and a company, and it is for the student to put into practice the theoretical knowledge acquired, but it is not a job. In fact, the student does not receive a salary in exchange, but rather a “study aid”.
In order to sign this Agreement, it is necessary for the student to remain enrolled and have already completed half of the studies.
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