Spain: Broader Student Work Authorization, Among Other Measures to Address Labor Shortages

September 6, 2022

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Country / Territory

At a Glance

The Spanish government has introduced measures to address ongoing labor shortages. Specifically:

  • Foreign students can work for up to 30 hours per week during their studies, up from 20 hours; and can seek employment in Spain regardless of their prior stay, where previously a three-year stay in Spain was required;
  • Foreign nationals sponsoring minor children must prove lower income requirements;
  • Self-employed individuals benefit from eased eligibility requirements and a broader geographical scope;
  • Permit holders under the general immigration framework benefit from longer renewal validity; and
  • Irregular migrants have more options to regularize their stay.

The situation

The Spanish government introduced several measures to welcome non-traditional migrant groups into the labor market.

CHANGE DETAILS IMPACT
Student work authorization expanded

      • Under the new rules, students can perform relevant employment or self-employment for up to 30 hours per week, up from 20. Employers are still required to obtain work authorization and register the student with local social security.

      • Graduates can seek employment in Spain regardless of their prior duration of stay, where previously they could only seek employment in Spain after a three-year stay on a student status and if they had not received any scholarships.

      • Medical graduates whose degrees have been recognized by Spanish authorities can start working while their application to change status to employment is pending, where previously, these individuals had to await approval.

      • Graduates are still required to apply for a job search permit, training permit or standard work authorization after graduation and before starting work.

 Students can take up more employment, and more students can access the Spanish labor market under the new rules.
Reduced funding requirement for family reunification
  • The requirements for residence permits of the regrouped dependents have been eased.

  • The amount of the financial means required from the sponsoring applicant has been reduced for those with minor children, represented minors or disabled persons and other dependents for humanitarian reasons in certain circumstances.

 The reduced income requirement may make it easier for lower-paid workers – including shortage blue-collar workers – to qualify for immigration status.
More transparent eligibility requirements for self-employed individuals

  • Eligibility requirements for self-employed applicants have been eased. The requirement for the initial application for the residence permit, which made it necessary to demonstrate that the foreign national had sufficient economic resources, has been eliminated.

  • Under the new rules, self-employed permit holders can perform activities in any region, and can take up employment in addition to their self-employed work; where previously only self-employed work in the region covered by the initial application was permitted.

  • Upon renewal, self-employed permits will be issued for four years, up from two. 

 Self-employed individuals benefit from a more predictable application process and a higher approval rate; as well as reduced administrative formalities and more flexible work upon renewal.
Longer renewal validity under general immigration framework

  • Permit holders under the general immigration framework are eligible for permit renewal for a validity of four years at a time, up from one year.

  • Upon renewal, permit holders can work as employees or self-employed persons in any region, where previously only employed work in the region of issuance was permitted.

 Eligible foreign workers benefit from reduced administrative hurdles and broader work rights upon renewal.
New permit options for irregular migrants
      • Under the new rules, individuals staying in Spain without valid work and/or residence authorization can apply for work and residence authorization based on six months’ employment; or for a 12-month training permit based on two years’ stay; or for regularization based on social or family connections in Spain.
 The new policy permits more foreign nationals to seek legal status, which would both increase the available workforce in light of labor shortages and reduce immigration and employment non-compliance. 

The immigration changes seek to streamline the overall Spanish immigration system and open the door to migrants currently working or training in Spain into a legal migration status.

  • Online visa applications. The new legislation creates the possibility for online visa applications, or visa applications via an external service provider. The timeline for building an online visa filing platform has not yet been confirmed.
  • New immigration agency. The new legislation calls for creation of a new immigration agency, the Unit for the Processing of Aliens Records (UTEX), to be created no later than February 16, 2023. The Unit should take over certain tasks currently handled at regional level. It is not yet clear which tasks the agency would take over.
  • Circular migration and jobseeker visas. The new legislation contains framework provisions on circular migration and jobseeker visas, but the details of both have yet to be established via further ministerial decrees. No timeline for such decrees has been published yet.

Fragomen will monitor implementation and will report on relevant developments.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

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