Spain: Improvements for Stay and Work Options for Foreign Students
June 20, 2023
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At a Glance
Legal changes in Spain will make it easier for foreign students to work during and after their studies. Key changes include:
- An automatic work permit for highly-educated foreign students;
- An increase in the total amount of hours that student permit holders can work per week;
- The removal of the requirement for a foreign student to live in Spain for three continuous years before they can change their student permit to a work permit; and
- The ability for highly-educated foreign students to stay in Spain for up to 24 months to search for a job or start their own business.
The situation
Several legal changes in Spain will make it easier for foreign students to work during and after their studies. All changes are effective immediately.
A closer look
| Change | Previous situation | Impact |
|
Automatic work permit for some students. An automatic work permit is now available for foreign students who have a level six or above education within the European Qualifications Framework; those participating in formal employment training; and those participating in training in educational institutions. The work permit allows self-employment or work for an employer. |
There was no automatic work permit granted to students prior to this law. Students had to obtain a work permit separate from their student immigration status to work. |
This makes it easier for foreign students to work in Spain and will expand the pool of eligible candidates for work. |
| Longer work hours for students. The total amount of hours that student permit holders can work per week has increased to 30 hours per week. | Students could only work up to 20 hours per week. | This expands the eligible foreign national worker pool since students can now work almost full-time jobs. |
| Longer student permit validity. The student permit validity period for foreign students studying in Spain (under the higher education category) for more than one year will be the same as the duration of their study course. | The validity of a student permit was up to one year (with the possibility of renewal). | Foreign students studying in Spain for more than one year will see fewer administrative hurdles during their stay, as they will not need to renew their student permit each year. |
| Switching from a student visa to a work permit is easier. The new law removes the requirement for a foreign student to live in Spain for three continuous years to change their student permit to a work permit. | A foreign student had to live in Spain for three continuous years to change their student permit to a work permit. | Foreign students now have more flexibility in residence and travel during their studies before they switch their permit to a work permit. This makes the student permit a more attractive option in Spain. |
| New job search option. Foreign students who have a level six or above education within the European Qualifications Framework can remain in Spain for up to 24 months to search for a job or start their own business. | There was no option to remain in Spain for foreign students who complete their studies. | Foreign students are more likely to remain in the Spanish workforce under this rule change, which will likely expand the pool of eligible candidates for work. |
Background
The purpose of these legal changes is to eliminate bureaucratic barriers and facilitate international mobility and access to employment in Spain. This is key during a time when there are workforce and skills shortages in the region.
Looking ahead
The government is likely to introduce similar legal changes to encourage access to employment for foreign nationals in Spain. We will report on key 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].
