Did you complete your studies in Spain? Do you already hold a Residence Permit for Students To Search for Employment? As you know, this permit allows you to seek employment appropriate to the level of studies that you have completed previously in Spain. In the event of finding a new job you can apply for a residence and work permit regulated in Organic Law 4/2000 or in the Law 14/2013. In this blog post we will focus on the modification of the residence permit for students to search for employment into the residence and work permit as an employee regulated in the Organic Law 14/2013. This is the same law that regulates Golden Visas in Spain.
Application for the residence and work permit once you have found a job in Spain
Non-EU foreigners who have completed their studies at a higher education institution and have reached at least Level 6 according to the European Qualifications Framework, may request a Residence Permit for Students to Search for Employment that allows them to reside in Spain for twelve months in order to look for a job.
Once you have found a job that suits the level of studies completed, you can modify your Residence Permit to Search for Employment into a regular Work and Residence Permit.
For that, the applicant has to meet the following general requirements:
- Having a clean criminal record in Spain.
- Not being forbidden to enter Spain and not appear as rejectable in the territorial space of countries with which Spain has signed an agreement to this effect.
- Presenting a contract signed by the employer and employee that guarantees the worker a continuous employment during the period of validity of the authorisation to reside and work. The hiring date must be conditioned on the moment of effectiveness of the residence and work authorisation.
- The conditions established in the employment contract must be adjusted to those established by current legislation. If the contract is part-time, the remuneration must be equal to or higher than the minimum inter-professional salary for full time and in annual calculation.
- The applicant employer must be registered with the Social Security system and be up to date with their tax and Social Security obligations.
- The employer must have sufficient economic, material or personal means for its business project and to meet the obligations assumed in the contract with the employee.
- If the employer is a natural person, once the payment of the agreed salary has been deducted, the employer must accredit disposing of 100% of the IPREM (537,84 €/month) for their maintenance if there are no dependent family members.
- Possessing the training and, where appropriate, the professional qualification legally required for the exercise of the profession.
It is important to bear in mind that the initial work authorisation has a validity of one year and that is confined to a limited area and to a limited profession, so it is not possible to change location or occupation during the period of validity of this permit. After the first renewal the new permit will have a validity of two years and will enable the applicant to work anywhere in the Spanish territory.
Adaptation to the level of studies completed and compatibility with the National Employment Situation
Two of the essential requirements to modify the Residence Permit for Students To Search for Employment into a Residence and Work permit are, on one hand, the adaptation of the job position to the level of studies completed and, on the other hand, the certification of the employer proving that the applicant can be employed as per the ‘National Employment Situation’.
It is substantial that the job offer matches the level of studies previously completed in Spain. The General Secretary of Migrations on their Instructions 1/2018 on the transposition to the Spanish legal framework of the EU Directive 2016/801, established that an individualised analysis would be carried out to determine if a job position is adequate to the level of studies completed (at least Level 6 of the European Qualifications Framework). In case the job position does not require having reached the level of studies that the student reached in Spain, it is very likely that the application will be denied.
Among the requirements to apply for the Residence and Work Permit stands out the need to overcome the revision as per the National Employment Situation, in other words, the employer needs to prove that no person already residing legally in Spain was qualified and available to fill the respective position, thus rendering the employment of a Non-EU foreigner justified. However, if you have been in Spain for one year in residence situation, the National Employment Situation does not apply. In that case, the key is to apply for the modification into a Work and Residence permit, within the 60 days before the expiration of the Permit to Search For Employments so it is interpreted that you have been residing in Spain for a year and as a consequence, the National Employment Situation does not come into play.
How can Lexidy help me?
At Lexidy we can assist you with all the steps of the application for the modification of the Search of Employment Permit into a Residence and Work Permit. Get in touch with us and see what we can do for you. We are eager to help you, if your intention is to settle and to work in Spain.