Would you like to extend your stay in the country after your student visa expires? The internship residence permit is the solution! In this article, we explain the requirements, application process, and useful tips to obtain it.
What is the Internship Residence Authorization?
This internship residence authorization, though not widely known, is an excellent option for both students in Spain and those abroad who wish to intern with Spanish companies.
Who Can Apply for This Modification to an Internship Residence Permit?
This modification from a study stay to an internship permit is designed for students who have completed level 6 or higher studies (bachelor’s, master’s, doctorate, etc.) within the last two years or are currently pursuing such studies, either in Spain or abroad. For students in Spain, they must have a valid study stay authorization.
Key Features of the Internship Residence Permit in Spain
- Requires an internship agreement or contract.
- The National Employment Situation is not considered.
- Can be processed online.
- Includes positive administrative silence after 30 days.
Difference Between Internship Residence and Study Stay
The key difference is that the internship residence allows for professional internships with a company, while the study stay is exclusively for studying in Spain. The internship residence may include work and is typically pursued after studies, whereas the study stay has work restrictions, such as a maximum of 30 hours per week.
Requirements to Modify a Study Stay to an Internship Residence
Here are the requirements you must meet to apply for the modification from a study stay to an internship residence:
- Relevance to Studies: The internship must be related to the studies completed and match the same level of qualification.
- Health Insurance: The student must have private health insurance with coverage equivalent to the Spanish public healthcare system, with no waiting periods or copays, and a minimum duration of one year.
- Financial Means: Demonstrate sufficient financial resources (100% of the IPREM), which can be covered by the internship contract.
- Employer Compliance: The company must be up to date with payments to the Tax Office and Social Security and must initiate the application with the corresponding government delegation.
- Required Documentation: Submit a signed internship contract or agreement and the EX-04 form.
- Internship Program: Include a letter from the company detailing the internship program.
Duration of the Internship Residence Authorization
The duration of this professional internship residence authorization in Spain depends on whether it is based on a contract or an internship agreement:
- Internship Agreement: The residence lasts as long as the agreement, with a maximum of 6 months, though it may be shorter. Renewal is possible for another 6 months, but after one year, the employer must transition to a general regime if they wish to retain the student-worker.
- Internship Contract: The residence card expires when the contract ends, with a maximum duration of 2 years and a minimum of 6 months.
Main Advantages of Modifying a Study Stay to an Internship Residence
- For Companies:
- Simplifies the hiring process for foreign employees as it is done online without visiting immigration offices.
- Offers flexible and less binding contracts with short durations and the possibility of part-time work.
- For Students:
- Allows for the modification of a study stay to a residence card, extending legal stay in Spain.
- Facilitates access to the labor market without the need to wait the three years required for a regular work permit.
Two Available Paths: Contract and Agreement
- Internship Contract:
- Establishes a direct employment relationship with the company, including Social Security contributions.
- Maximum duration of one year.
- Includes a minimum wage and the right to unemployment benefits in case of dismissal.
- Internship Agreement:
- Does not establish a direct employment relationship but rather an agreement between the student, the academic institution, and the company.
- The student must be enrolled in studies at the time of the application.
Legal Framework for the Authorizatione residencia para prácticas profesionales
The authorization for professional internships in Spain is primarily regulated by Additional Provision 18 of the new Law 14/2013, dated September 27, on support for entrepreneurs and their internationalization, amended on September 4, 2018. This modification introduced a new pathway for foreign students to work in Spain while continuing their studies.
It’s important to note that a study stay visa alone does not allow for engaging in work activities. However, thanks to Additional Provision 18, foreign students can obtain a residence authorization that enables them to work, either as employees or self-employed, as long as this does not interfere with their studies and the remuneration is not their primary source of income.
For employment, this authorization is granted without considering the national employment situation, making it easier for foreign students to access the labor market.
In summary, the legal framework for the professional internship residence authorization is based on Law 14/2013 and its Additional Provision 18, providing a valuable opportunity for foreign students to gain work experience in Spain while continuing their academic training.
Why Trust Lexmovea for Your Internship Modification?
Transitioning from student to professional can be challenging, especially when it comes to immigration procedures. At Lexmovea, we provide the peace of mind and support you need to successfully apply for your modification from a study stay to an internship residence.
What Sets Us Apart?
- Expertise and Specialization: Our team includes experts in immigration and labor law, with deep knowledge of the specific requirements and procedures for this residence modification in Spain.
- Personalized Advice: We analyze your individual situation, evaluate your studies and internship contract or agreement, and provide a tailored strategy to ensure success in your professional internship residence application in Spain.
- Efficient Management: We handle the preparation and submission of all required documentation and track your case, saving you time and effort.
- Peace of Mind and Security: We offer a transparent and reliable service, keeping you informed at all times about your application status and addressing any questions you may have.
- High Success Rate: Our proven track record of successful cases gives you the confidence that your internship residence modification is in the best hands.
Frequently Asked Questions About Modifying a Study Stay to an Internship Residence
- Is an internship residence the same as a residence permit? Yes, when you apply for the modification from a study stay to an internship residence, it inherently includes a residence permit to live in Spain for the authorized duration.
- What is the modification from a study stay to an internship residence? This modification allows a student in Spain with a study visa to change their status to a residence permit for professional internships. It is based on completing internships related to the training received during their studies.
- What are the requirements to modify a study stay to an internship residence? To change your status, you must meet the following requirements:
- Complete a higher education or vocational training program in Spain.
- Have an internship offer related to your studies.
- Ensure the internship duration complies with Spanish regulations.
- Have an internship contract that meets the established requirements.
- Can I modify my study stay to an internship residence without an internship offer? No, you cannot modify your stay without an internship offer related to your studies. The offer must be formalized and meet the requirements established by Spanish regulations.
- Can I work in other activities during my internship residence? During your internship residence, you are only authorized to work in activities related to the professional internships you are undertaking. You cannot work in other unrelated jobs.
- What happens if I don’t apply for the modification before my study stay expires? If you don’t apply for the modification before your study stay expires, you may lose the right to modify your status. In that case, you would need to leave Spain and apply for a new visa if desired.