//Spain: Authorization of stay for studies. Mobility within the European Union.

Spain: Authorization of stay for studies. Mobility within the European Union.

Authorization of stay for studies. Mobility within the European Union:

It is an authorization that allows foreign students admitted to another Member State of the European Union to study or complete part of their studies in Spain.

BASIC REGULATIONS
Council Directive 2004/114 / EC, of ​​December 13, 2004, regarding the requirements for admission of third-country nationals for the purpose of studies, student exchange, unpaid internships or volunteer services.
Organic Law 4/2000 of January 11 on the rights and freedoms of foreigners in Spain and their social integration (articles 25 bis, 30 and 33).
Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011, of April 20 (articles 37 to 42).

REQUIREMENTS
Not to be a citizen of a State of the European Union, of the European Economic Area or of Switzerland, or relative of citizens of these countries to which the regime of citizen of the Union applies.
Not be prohibited from entering Spain and not appear as rejectable in the territorial space of countries with which Spain has signed an agreement in this regard.
Have sufficient financial means to cover the expenses of stay and return to your country and, where appropriate, those of your relatives, in accordance with the following amounts:
For its support, monthly, 100% of the IPREM, unless it is duly accredited to have the accommodation paid in advance for the entire duration of the stay.
For the support of their relatives, monthly, 75% of the IPREM for the first family member and 50% of the IPREM for each of the remaining persons, unless it is duly accredited to have the accommodation paid in advance for all the time last the stay
Have a public or private health insurance with an insurance company authorized to operate in Spain.
In the case of underage students who are not accompanied by their parents or guardians, their authorization, with proof of the center, organization, entity and body responsible for the activity and the planned period of stay.
To have been admitted to carry out or expand studies in another Member State of the European Union.
Having been admitted to a recognized teaching center in Spain in a full-time program that leads to the obtaining of a degree.
In the event that the duration of the stay exceeds six months, the following will be required:

In the case of criminal record, lack a criminal record in Spain and in their previous countries of residence during the last five years for crimes existing in the Spanish law.
Not suffer any of the diseases that can have serious public health repercussions in accordance with the provisions of the International Health Regulations of 2005.

REQUIRED DOCUMENTATION
Note: in general, copies of the documents must be provided and the originals must be displayed at the time the application is submitted.

Application form to stay for studies in official model (EX – 00), in duplicate, duly completed and signed by the foreigner or his legal representative in case of being a minor. This form can be obtained at http://extranjeros.empleo.gob.es/es/ModelosSolicitude/index.html
Full and valid passport or travel title, recognized as valid in Spain, with minimum validity of the period for which the stay is requested.
Documentation accrediting the availability of financial means necessary for the period requested and for the return to the country of origin.
In the event of being minors, authorization of parents or guardians in which the center, organization, entity and body responsible for the activity and the planned period of stay.
Documentation proving to have medical insurance.
Documentation accrediting your admission status as a student in another Member State of the European Union.
Documentation accrediting being admitted to a teaching center in a full-time program that leads to obtaining a degree.
If the duration of the stay exceeds six months:
Medical certificate.
If you are of legal age, a criminal record issued by the authorities of the country of origin or of the country in which you have resided during the last five years.
Important note: when documents from other countries are provided, they must be translated into Spanish or co-official language of the territory where the application is submitted. On the other hand, any foreign public document must be previously legalized by the Consular Office of Spain with jurisdiction in the country in which said document has been issued or, where appropriate, by the Ministry of Foreign Affairs and Cooperation except in the case in which said document has been apostilled by the competent Authority of the issuing country under the Hague Convention of October 5, 1961 and unless said document is exempt from legalization under the International Convention. For more information on the translation and legalization of the documents you can consult the fact sheet.

PROCESS
Subject legitimized to submit the application for study stay: the student foreigner, personally. If it is a minor student, their parents, guardians or duly accredited representative, personally.
Place of presentation:
If the student has not entered Spain: in the Spanish Diplomatic Mission or consular office in whose demarcation the foreigner resides, and directed to the Immigration Office corresponding to the province in which the school is located.
If you are in Spain: in the Immigration Office corresponding to the province in which the school is located. Information on the address, telephone numbers and customer service hours can be obtained at: http://www.seap.minhap.gob.es/web/servicios/extranjeria/extranjeria_ddgg.html
Deadline for submission:
Before entering Spain: at any time.
After entry into Spain: within one month of the date it was made.
Term of resolution: the maximum period to notify the resolution is one month from the day following the date of entry into the competent body for processing. After this period has elapsed without the Administration having given an express response, it may be understood that the request has been dismissed due to administrative silence.
Once the authorization is granted, if the foreigner is not in Spain, he must enter within a maximum period of three months from the notification.
In the event that the study stay has a duration of more than six months, the foreigner must personally request the foreigner’s identity card within one month from the notification or, where appropriate, from the entry into Spain, in the Aliens Office or Police Station of the province where the authorization has been processed. To see where to go, the schedule and if you have to make an appointment you can consult http://www.seap.minhap.gob.es/web/servicios/extranjeria/extranjeria_ddgg.html
The applicant will display his passport or travel document at the time of the fingerprint process and will provide:
Foreigner card application, in official model (EX-17) available at http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/index.html
Proof of payment of the card fee.
Three recent color photographs, in white background, passport size.
Students may be authorized to carry out lucrative activities on behalf of others or on their own, provided that the activity is compatible with the conduct of studies, and the income obtained does not have the necessary resource character for their livelihood or stay.

FAMILY
The spouse, the de facto couple, children under eighteen or who have a disability and are not objectively able to provide for their own needs due to their health status, can obtain authorization to legally enter and remain in Spain with the student during the duration of their studies.
Legitimate subject to submit the student’s relative request: the student’s relative personally.
Time to request the authorization of the relative: it can be requested simultaneously with that of the student, or at any later time within the period of validity of the authorization to stay for studies.
For its concession it must be proved that the foreigner has sufficient financial means to support the family unit, the family bond or kinship and, in the case of children over eighteen years of age, documentation proving that they are not objectively capable.
The authorization of the relatives will be linked to that of the student, and they may remain in Spanish territory for the same period and in the same situation as this.
If the family members stay for more than six months, they must obtain a foreign identity card.
Student relatives may not obtain, under any circumstances, authorization to carry out work activities.

WORK AUTHORIZATION BY OWNED ACCOUNT
REQUIREMENTS
Work activities must be compatible with the studies.
The income obtained should not have the necessary resource character for their livelihood or stay, nor will they be considered, in the procedure of extension of stay.
The foreign student must have the training and, where appropriate, the professional qualification legally required for the exercise of the profession.
The requesting company must be registered in the Social Security system regime and be aware of the fulfillment of its tax obligations and against Social Security and accredit sufficient economic, material or personal means to meet the obligations assumed in the contract.
If the employer is a natural person, he must prove, once the payment of the agreed salary has been deducted, 100% of the IPREM if there are no dependents. If the family unit includes two members, 200%. If the family unit includes more than two people, 50% of the IPREM must be added to the previous amount for each additional member.

The contract must be formalized in writing and be part-time or, in the case of being full-time, its duration must not exceed three months or coincide with the periods of study. On the other hand, the conditions set in the employment contract must be adjusted to those established by current regulations.

REQUIRED DOCUMENTATION (JOB ACCOUNT AUTHORIZATION)
Note: in general copies of the documents must be provided and the originals must be displayed at the time the application is submitted

Application form in official form (EX-12) in duplicate, duly completed and signed by the employer, available at http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/index.html
Full passport, travel title or valid registration card.
Documentation accrediting the professional qualification legally required for the exercise of the profession.
Documentation accrediting compatibility with work activity.
Documentation that identifies the company requesting authorization:
If it is an individual entrepreneur: NIF or NIE or consent to verify identity data through the Identity and Residence Data Verification System.
If it is a legal person (S.A., S.L., Cooperativa, etc.):
NIF of the company and copy of the deed of incorporation duly registered in the corresponding Registry.
Public document proving that the signer of the authorization request has the legal representation of the company.
NIF or NIE of the signer of the request or consent to verify the identity data through the Identity and Residence Data Verification System.
Work contract signed by the employer and the worker.
Documentation accrediting the economic means to deal with contractual obligations.

PROCEDURE (JOB ACCOUNT AUTHORIZATION)
Subject legitimized to submit the application: the employer or employer, personally, or through a legitimized subject that has the legal business representation attributed. (See chart of legitimized subjects).
Place of presentation: Immigration Office of the province where the services will be provided. Information on the address, telephone numbers and customer service hours can be obtained at: http://www.seap.minhap.gob.es/web/servicios/extranjeria/extranjeria_ddgg.html
The work fees: if the work authorization has a duration of more than six months, they will accrue at the time of admission to the application process and must be paid by the employer within ten business days, they are:
Model 790 code 062
The form for the subscription can be downloaded from the Internet Portal of the Secretary of State for Public Administration
Deadline for resolution of the application: 3 months from the day following the date on which it had entered the registry of the competent body for processing. After this period has elapsed without the Administration having practiced the notification, it may be understood that the request has been dismissed due to administrative silence. (When it has not been possible to notify the resolution, it will be announced in the Single Edictal Board (TEU) https://boe.es/tablon_edictal_unico. If you had opted for electronic or regulatory notification, you were obliged to use that means, the resolution will be notified by publication in the electronic headquarters If the resolution is not accessed within 10 business days of its publication, it will be notified).
The validity of the authorization to work will coincide with the employment contract and may in no case be greater than the duration of the stay authorization. The loss of validity of the stay authorization will be cause for termination of the authorization to work.
Within one month of the notification of the authorization granting, the worker must personally request the Foreigner Identity Card at the Aliens Office or Police Station of the province where the authorization has been processed. To see where to go, the schedule and if you have to make an appointment, you can consult http://www.seap.minhap.gob.es/web/servicios/extranjeria/extranjeria_ddgg.html
The applicant will display his passport or travel document at the time of the fingerprint process and will provide:
Foreigner identity card application, in official form (EX-17) available at http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/index.html
Proof of payment of the card fee.
Proof of membership and / or registration of Social Security, if applicable.
Three recent color photographs, in white background, passport size.
Provided that a stay authorization for studies is available, the work authorization may be extended if:
Work activities continue to be compatible with studies.
The income obtained does not have the necessary resource character for its sustenance or stay.
The contract is extended part-time or, if full-time, when the initial duration is for a period of less than three months and up to that maximum period.

WORK AUTHORIZATION FOR OWN ACCOUNT
REQUIREMENTS (OWN ACCOUNT WORK AUTHORIZATION)
Work activities must be compatible with the studies.
The income obtained should not have the necessary resource character for their livelihood or stay, nor will they be considered in the procedure for extension of stay.
The activity must be part-time or, in the case of being full-time, its duration may not exceed three months or coincide with the periods of study.
Meet the requirements that current legislation requires for the opening and operation of the projected activity.
Possessing the required professional qualification or sufficient proven experience in the exercise of the professional activity, as well as in its case, the membership when required.
To be able to prove that the planned investment is sufficient and the impact, where appropriate, on job creation.
Have sufficient financial resources for its maintenance and accommodation (in the case that the resources derive from the exercise of the activity, its valuation will be carried out once the necessary ones to face the expenses derived from the activity have been deducted).

REQUIRED DOCUMENTATION (OWN ACCOUNT WORK AUTHORIZATION)
Note: in general copies of the documents must be provided and the originals must be displayed at the time the application is submitted

Application form in official form (EX-12) in duplicate, duly completed and signed by the student, available at http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/index.html
Full passport, travel title or valid registration card.
Documentation accrediting the professional qualification legally required for the exercise of the profession.
Documentation accrediting the compatibility of studies with work activity.
In independent professional activities that require it, certificate of association.
In retail business activities and provision of the services listed in the Annex of Law 12/2012, which are carried out in permanent establishments, whose useful area is equal to or less than 300 square meters, responsible declaration or prior communication (in the terms of the article 71.bis of Law 30/1992) and, where appropriate, proof of payment of the corresponding tax.
In the rest of activities and provision of professional services, list of authorizations or licenses required for the installation, opening or operation of the projected activity or for the professional exercise, indicating the situation in which the procedures for its achievement, including, where appropriate, the application certifications before the corresponding bodies.

Documentation accrediting the training and, where appropriate, the professional qualification legally required for the exercise of the profession.
Proof that there is sufficient economic investment, or commitment of support from financial institutions or others.
Project of establishment or activity to be carried out, with indication of the planned investment, its expected profitability and, where appropriate, jobs whose creation is foreseen.
Regardless of their justification by other means permitted by law, the last three sections can be accredited by the valuation report issued by one of the following organizations:

National Federation of Business Associations and Autonomous Workers (ATA)
Union of Professionals and Autonomous Workers (UPTA)
Intersectoral Confederation of Autonomous of the Spanish State (CIAE)
Organization of Professionals and Autonomous (OPA)
Union of Associations of Autonomous Workers and Entrepreneurs (UATAE)

PROCEDURE (OWN ACCOUNT WORK AUTHORIZATION)
Subject legitimate to submit the application: the foreign student personally.
Place of presentation: Immigration Office of the province where the domicile is established. Information on the address, telephone numbers and customer service hours can be obtained at: http://www.seap.minhap.gob.es/web/servicios/extranjeria/extranjeria_ddgg.html
The work fees: if the work authorization has a duration of more than six months, they will be accrued at the time of admission to the application process and must be paid by the student within ten business days, they are:
Model 790 code 062.
The form for the subscription can be downloaded from the Internet Portal of the Secretary of State for Public Administration
Deadline for resolution of the application: 3 months from the day following the date on which it had entered the registry of the competent body for processing. After this period has elapsed without the Administration having made the notification, it may be understood that the request has been dismissed due to administrative silence. (When it has not been possible to notify the resolution, it will be announced on the Single Edictal Board (TEU) https://www.boe.es/tablon_edictal_unico. If you had opted for electronic or regulatory notification, you were obliged to use that medium, the resolution will be will notify by publication in the electronic headquarters. If the resolution is not accessed within 10 business days of its publication, it will be notified).
The validity of the authorization to work will coincide with that projected for the activity on their own account and may not be in any case greater than the duration of the stay authorization. The loss of validity of the stay authorization will be cause for termination of the authorization to work.
Within one month of the notification of the authorization granting, the worker must personally request the Foreigner Identity Card at the Aliens Office or Police Station of the province where the authorization has been processed. To see where to go, the schedule and if you have to make an appointment, you can consult http://www.seap.minhap.gob.es/web/servicios/extranjeria/extranjeria_ddgg.html
The applicant will display his passport or travel document at the time of the fingerprint process and will provide:
Foreigner identity card application, in official form (EX-17) available at http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/index.html
Proof of payment of the card fee,
Proof of membership and / or registration of Social Security, if applicable.
Three recent color photographs, in white background, passport size.
Provided that a stay authorization for studies is available, the work authorization may be extended if:
Work activities continue to be compatible with studies.
The income obtained does not have the necessary resource character for its sustenance or stay.

*The content of this page is merely indicative. Only the provisions of the regulations in force at the time the application is submitted is applicable.

Last update: 01/2016

Feel free  to CONTACT us if you wish. Our team will be happy to assist you. Thank you for your trust in our Lawyers Network!