VISA TO STAY FOR STUDIES. WHAT IS THE STUDY PERMIT?
27 Enero, 2023
The study stay is a residence permit that allows foreign students (non-European citizens) to carry out their studies in Spain. We are talking about a permit regulated by Law 14/2011 and modified by Royal Decree Law published on September 4, 2018.Until that date, this visa could only be requested at the consulate located in the foreign student's country of origin. However, after the modification, it is also possible to get the study stay after arriving as tourists in Spain.
This as long as we make the request 60 days before the tourist visa ends (as the immigration office has 30 days to resolve).In this sense, the study stay grants a residence card, which will coincide with the duration of the academic year. That is unless the studies last less than 6 months. In that case, the student will only keep the stamp in their passport. If the course is less than 6 months they do not give a card. You only keep the passport.
WHAT ARE THE REQUIREMENTS TO APPLY FOR A STUDENT VISA?
Let's go on to see what exactly are the requirements that any applicant must meet and accredit to obtain their permit as a student in Spain. These are as follows:
First, a certificate of enrollment in the study center. That is, the registration that proves that we have enrolled (and we have been accepted) in an educational institution. In this sense, any official center will allow us to obtain a student visa, it does not have to be a higher course. In other words, it is both useful for us to certify enrollment in a language or cooking course, as well as a master's degree. However, it cannot be an online education or course. And the center must be authorized.
Second, we must provide the complete passport, with a copy of said document. Accreditation of sufficient financial means, equivalent to € 7,000 per year (100% of the IPREM). Here we must demonstrate that we have this amount in a bank account, or provide a document of financial responsibility in the case in which the parents are going to support us financially in Spain. We must then attach the income obtained in that country or a bank statement, in addition to making a responsible declaration before a notary. In the case of making a joint application and coming with a relative, we must contribute an additional 50% of the IPREM for each student's relative. Health certificate in accordance with the international health regulations of 2005 (RSI).
Here we will show that we do not suffer from any contagious disease among those included in the regulation. Criminal record certificate if we are going to be in Spain for more than 6 months.
In the case of staying for a shorter time, it will not be necessary to provide this document. Private medical insurance with valid coverage throughout Europe and similar to the national health system.
That is, the insurance requirements must meet:
Minimum coverage of € 30,000 Do not have deficiencies or copayments.
In this sense, the grace period cannot be greater than 6 months and the copayment greater than € 600.
These points that we have seen are the requirements that the immigration office provides as a reference, since the general law is not so specific. This is undoubtedly positive since, in those cases in which the application for the student visa is denied, subsequent appeals by contentious-administrative means are usually successful. This is so since the student is right.
HOW TO EXTEND THE STAY BY STUDIES: EXTENSION
Let's imagine that you got your student visa for one year, but at the end of it you need to renew. Well, your studies take a total of 2 years. How should you do it? What are the legal steps and procedures to extend your stay for studies?It is a completely simple process. You must start it from Spain, unlike the initial application that we saw in the previous section. Thus, in order to request the extension, it is essential:
Provide the certificate of achievement, which shows that you have completed your studies in Spain and that you have passed your previous course.
You must also provide the new registration for the next course.
Guarantee financial means in Spain.
That the studies that you have already taken and those that you will take next year are related to each other.
CAN I WORK WITH MY STUDENT VISA IN SPAIN?
The answer is quick: YES. However, when a foreign student works in Spain, they do not do so under an ordinary work authorization. It is a work authorization for holders of a residence permit.
This means that any employment contract found must be part-time or full-time for a maximum of 90 days (summer, for example). In addition, it will be essential that said work be related to the studies being studied (same subject / discipline).
The income that the student obtains cannot be the financing element to demonstrate the possession of sufficient economic means (requirement that we have seen above). Immigration law does not provide for it. Thus, although it is true that as students we can get a work contract, it is also possible to get an internship agreement with the university and that these come to be paid. It will be equally important here that such work is related to studies.
DOCUMENTS AND PROCESS TO OBTAIN WORK AUTHORIZATION
To obtain the work authorization for study stay, the application must be submitted to the government of the autonomous community in which we are located. It will be the company (or a representative) that hires the student who will initiate the legal procedure, providing:The job offer to which the student has appliedProve that the company has been operating for a minimum of one yearDocument that certifies the lack of debts in the Social Security or AEATPayment of fees (€ 221 if the salary is less than € 18,000 per year)We must bear in mind that the response from public bodies may take between 1 and a half or 2 months.
In addition, it is essential to start this procedure at least 6 months before the expiration of the validity of the student card. Otherwise, the work authorization will not be granted as it will coincide with the end of the card.
WORK PERMIT AT 3 YEARS IN THE COUNTRY
When the student has been in Spain for 3 years with his study visa, there is the possibility of changing to a residence and work permit.That is, we can get a regular work permit in Spain thanks to having the stay for studies renewed twice.
The positive thing about this modification is that the national unemployment situation will not be taken into account, something that occurs when applying for a work visa without having had a student visa before.In that case, for the process to be valid, we must provide the criminal record, the job offer and a document that shows that we have not received a grant from the Ministry of Foreign Affairs.
STAY PERMIT FOR JOB SEARCH
However, for all those students who do not want to wait 3 years to start working in Spain, there is a different option. Since the end of 2018, a law came into force that allows the extension of the study stay for an additional year in order to look for work or start a company. It is what is called the residence permit for job search.Regarding the requirements, it is essential that in order to apply for this residence permit the student has completed a master's degree or another similar level 6 course.
What documents must be provided?
Model EX-01
Proof of payment of the corresponding fee
Certificate that shows how the student has passed a minimum level 6 course
Demonstrate the availability of sufficient financial means
Health insurance
Key words: visa, studies, residence, Spain, foreigners.
