Modification from Study Stay to Employed Work Permit

To continue your studies legally in the country, it is essential to renew this permit before it expires. Do you know the requirements and necessary documentation to process the extension of your study stay? Below, we provide key information to help you carry out the modification from a study stay to residence and work permit (employed) and renew your study stay without complications.

Legal Framework for the Renewal of the Study Stay Authorization

The renewal of the study stay authorization in Spain is governed by a set of European and national regulations that establish the requirements for the modification to an employed residence permit as a student, procedures, and the rights of international students:

• Council Directive 2004/114/EC: This European directive sets the requirements for the admission of third-country nationals for studies, exchanges, unpaid internships, or volunteer services in EU member states.
• Organic Law 4/2000 (Immigration Law): This Spanish law regulates the rights and freedoms of foreigners in Spain, including the conditions for obtaining and renewing authorizations for study stays (Articles 25 bis, 30, and 33).
• Royal Decree 557/2011 (Immigration Regulation): This regulation develops the Immigration Law and establishes specific details regarding the requirements, procedures, and necessary documentation for the renewal of the study stay authorization (Articles 37 to 42).

Type of Authorization Modification from Study Stay to Employed Work Permit

This temporary residence and work permit (employed) is an opportunity for international students who, after completing their studies or internships in Spain, wish to start their professional careers in the country.

Additionally, this authorization allows the family members of the student, who are in Spain on a stay linked to the primary student, to apply for family reunification residence, thereby facilitating family unity in the country.

Transition from Study Stay to Residence and Work Permit (Employed)

The process of modifying a Study Stay to Residence and Work Permit (Employed) offers international students the opportunity to change their legal status after completing their studies, obtaining both residence and work authorization in Spain.

Who Is Eligible for the Modification from Study to Work?

The transition from study stay to residence and work permit (employed) is designed for international students who have completed university degrees, master’s programs, doctorates, advanced sports education, advanced vocational training, or higher artistic and plastic arts education, and who are legally in Spain with a study, research, training, or internship authorization.

Who Is Eligible for the Modification from Study to Work?

The transition from study stay to residence and work permit (employed) is designed for international students who have completed university degrees, master’s programs, doctorates, advanced sports education, advanced vocational training, or higher artistic and plastic arts education, and who are legally in Spain with a study, research, training, or internship authorization.

Benefits of Modifying Study Stay to Employed Work Permit

• Access to the labor market: The modification allows students to work legally in Spain, facilitating the labor market entry for international students.
• Change of migratory status: Transforms the study stay into a residence card with a work permit.
• Family reunification: Enables the processing of residence permits for family members already in Spain as dependents with the transition to employed work status.
• Online procedure: The process is carried out online, eliminating the need to visit any immigration office.
• Nationwide support: Lexmovea offers assistance and application submission throughout Spain, ensuring a smooth transition from study stay to residence and work.

The modification from study to employed work status represents an excellent opportunity for international students to settle and build their professional careers in Spain after completing their studies.

Key Considerations for Changing from Student Permit to Employed Work

Before starting the process to transition from study stay to residence and work, it is essential to keep the following points in mind:

• Legal status: You must be in Spain with a valid study, research, training, or internship authorization to modify your student status to employed work.
• Completion of studies: You must have successfully completed your studies or internships.
• Company solvency: The hiring company must demonstrate financial capacity and compliance with tax and Social Security obligations.

Requirements for the Modification of Study Stay to Employed Work Permit

To carry out the modification from study stay to work permit, the following requirements must be met:

• Academic Success: Demonstrate that you have successfully completed your studies, research, training, or internships with satisfactory results.
• Legal Entry and Stay: You must not be prohibited from entering Spain or listed as inadmissible in countries with agreements with Spain.
• Criminal Record: You must have no criminal record in Spain or in your previous countries of residence for crimes recognized under Spanish law.
• Commitment of Non-Return: You must not be subject to any voluntary commitment of non-return to Spain.
• Fee Payment: Pay the applicable fees for processing the residence and work authorization.
• Work Contract: Submit a signed contract between the employer and the worker that guarantees continuous employment during the validity of the authorization. The contract must comply with current labor regulations, and for part-time contracts, the salary must equal or exceed the annual minimum wage.
• Employer Compliance: The employer must be registered with Social Security, up to date with tax obligations, and have sufficient economic, material, or personal resources for their business and to fulfill the employment contract.
• For Individual Employers: They must demonstrate sufficient income after covering your salary, considering the number of family members and the IPREM.
• Professional Qualification: Possess the necessary training and qualifications for the position, with foreign degrees officially recognized if applicable.

Documentation to Modify Study Stay to Work Permit

To change your student card to a residence and employment authorization, you will need to collect the following documentation:

Student Documentation for Modification to Employed Work Permit:

• Certification of having successfully completed studies or internships.
• Criminal record certificate: If you did not submit this certificate when applying for your student visa, it must be included in the modification application. This certificate must be issued by the authorities of the countries where you resided in the five years before entering Spain.
• Copy of the complete passport, travel document, or valid registration card of the foreign worker.
• Proof of professional qualifications, including official recognition of foreign degrees if necessary.

Employer Documentation:

• Official application form EX-03, completed and signed in duplicate by the contracting company.
• Employer Identification:
  • For individual employers: Copy of NIF or NIE, or authorization to verify identity data.
  • For legal entities: Copy of the company’s NIF, articles of incorporation, proof of legal representation, and NIF or NIE of the signatory.
• Signed employment contract.
• Proof of company solvency: Copies of income tax, VAT, corporate tax returns, or company employment records (last three years), and a detailed description of the job position.

Legalization and Translation: Foreign public documents must be legalized or apostilled and translated by a sworn translator if necessary.

Submission of the Modification Application

• The employer must submit the application at the Immigration Office of the province where the services will be provided.
• Alternatively, the change from study stay to work permit can be submitted electronically through the Mercurio platform using an electronic certificate.

Submission Deadline to Change Student Visa to Work Permit

The application can be submitted within 60 days before the expiration of the student card or within 90 days after. If submitted on time, the stay is extended until the application is resolved.

Fees and Processing Times for the Modification

Fees:

• Model 790, Code 052, Section 2.1: Initial authorization for temporary residence, paid by the worker.
• Model 790, Code 062: Paid by the employer. Specific sections depend on the salary:
  • 1.1: If the salary is less than twice the minimum wage (SMI).
  • 1.6: If the salary is equal to or exceeds twice the SMI.

Fee payment forms can be downloaded from the official website.

Resolution Time:

The application resolution takes three months from the date of submission. If no response is received within this period, the application is considered denied due to administrative silence.

Foreigner Identity Card (TIE)

Once the authorization is granted and the worker is registered with Social Security, the TIE must be requested within one month at the Immigration Office or Police Station.

Required Documentation for TIE:

• Application form EX-17.
• Proof of fee payment.
• Proof of Social Security registration.
• Original passport.
• Three recent passport-sized photos.

Family Members of Students Modifying to Work Permit

Family members of international students seeking an initial family reunification residence authorization must meet the following requirements:

• Criminal Record: No criminal record in Spain or in the countries of residence for the last five years.
• Legal Entry and Stay: Must not be prohibited from entering Spain.
• Commitment of Non-Return: Must not have a voluntary commitment of non-return to Spain.
• Adequate Housing: Must have suitable housing in Spain to accommodate the family members.
• Financial Means: Demonstrate sufficient financial resources to support the family members.
• Fee Payment: Pay the applicable family reunification procedure fee.

Documentation Required for Family Members

• Copy of the family member’s valid and complete passport.
• Housing suitability report issued by the Autonomous Community or equivalent proof demonstrating compliance with housing requirements.
• Proof of sufficient income to support the family members, based on the number of family members and the IPREM. For minors, stable income equal to or exceeding the SMI is sufficient.
• Criminal record certificate from the country of residence for the last five years.
• Proof of fee payment (Model 790, Code 052, Section 2.1).

Validity and Effects of the Authorization

• The family reunification residence authorization will have the same validity as that of the primary applicant (student).
• Spouse, partner, and working-age children can work without additional procedures.

Application for the Foreigner Identity Card (TIE)

The family member must apply for the TIE within one month of Social Security registration at the Immigration Office or Police Station.

Required Documentation for TIE:

• Application form EX-17.
• Proof of fee payment.
• Proof of Social Security registration.
• Recent photo.
• Original passport.

If the family member is a minor, proof of legal representation must be provided.

Questions and Answers About the Modification from Study Stay to Employed Work Permit

1. Who Can Apply for This Modification to Change a Student Visa to a Work Visa in Spain? Foreign students who have completed their studies or internships in Spain and have a job offer. This allows them to transition from a student stay to residence and work.
2. What Type of Authorization is Obtained by Changing a Student Visa to a Work Visa? An initial residence and work authorization as an employee.
3. Who Must Submit the Application to Change from a Student Visa to a Work Visa in Spain? The employer or business owner who intends to hire the student. This visa change is tied to an employment contract and becomes a professional visa.
4. What Are the Main Requirements for the Student?
   • Successfully completed their studies.
   • No criminal record.
   • Not prohibited from entering Spain.
   • Fulfillment of the non-return commitment, if applicable, to be eligible for the visa change.
5. What Are the Main Requirements for the Employer to Change from a Student Visa to a Work Visa in Spain?
   • Registration with Social Security.
   • Up-to-date tax obligations.
   • Sufficient financial means.
   • Offering an adequate employment contract.
6. What Documentation is Needed for the Student and Employer?
   • Application form.
   • Copy of the passport.
   • Academic documents.
   • Company identification.
   • Employment contract.
   • Proof of the company’s financial solvency.
   • Criminal record certificate (if not previously submitted).
7. Where is the Application Submitted? At the Immigration Office of the province where the work will be performed or online through the Mercurio platform.
8. When Can the Application Be Submitted? Within 60 days before the student card’s expiration or up to 90 days after.
9. How Long Does It Take for a Decision? The resolution period is three months.
10. What Happens If the Application Is Approved? The worker will obtain a residence and work authorization and must apply for the TIE (Foreigner Identity Card) within one month of their Social Security registration.
11. What About the Student’s Family Members? They may apply for family reunification residence if they meet the requirements.
12. Is a Lawyer Necessary for This Process? It is not mandatory but is recommended to ensure the success of the application.
13. Can an Employment Contract Be Made Without a NIE? No, an employment contract cannot be made without the NIE, as it is required to work legally and complete administrative procedures in Spain.