Residence permit for students seeking employment or entrepreneurship.

This is presented by the recent modification to the so-called Entrepreneurs Law, which includes a residence permit to look for a job or to start a business project, as mentioned above, with the sole benefit of helping students to start their labor projection in the Spanish market. 

• RESIDENCE PERMIT FOR SEEKING WORK, UNIVERSITY STUDENTS, is an authorization - residence permit (without work authorization) valid for a maximum and non-extendable period of 12 months, which will allow the holder the possibility of seeking and being hired. It is necessary to point out that it is not an authorization of stay as it would be the student visa that was granted through the Consular Offices of Spain.
  
  
• This residence permit to look for work is aimed at students who have completed their studies in Spain, reaching at least Level 6 according to the European Qualifications Framework, corresponding to a Bachelor's Degree. That is, it also includes students who have obtained a Master's degree (Level 7), or a Doctorate (Level 8).
  
  At this point, family members who were with the student while he/she completed his/her studies in Spain should also benefit from this residence permit.
  
  
• For some years now, specifically since 2013, the Spanish Government has bet and promoted a plan of economic stimulus and support for entrepreneurship, the result of this is the Support Law for Entrepreneurs, which includes benefits to foreigners who wish to start a business activity in Spain, invest in real estate, among others, and thus stimulate the economy, encourage job creation and promote productivity for new businesses.
  
  
• Therefore, when the student accesses the residence permit to look for a job, he/she must look for a job related to the level of studies completed, since the authority that resolves the application will evaluate and take into account the level of education and work experience.
  
  Now, at the moment that this new modification contemplates the start of a business activity - the project will be related to the provisions of the Entrepreneurs Law, and will be related to the provisions of the general regime for the residence permit and self-employment.

1. The educational degree or certification that proves the official qualification, i.e. a university certificate or diploma stating that the educational program has been successfully completed, must be presented. 
   
   
2. The applicant must demonstrate sufficient financial means to cover living expenses during their residence in Spain, initially it will be for 12 months, which corresponds to 100% IPREM of the year, for 2018, it is 537.84 euros per month. 
   
   
3. Private medical insurance, including repatriation, the same insurance that was provided for the student visa application may be presented. 
   
   

• Previously, the law only contemplated the possibility that students who had stayed in Spain (3 years) of legal stay could access a residence permit, with the modification of the law this period is reduced to the completion of studies. 
  
  
• The presentation of the application must be made by telematic means at the Government Delegation or Subdelegation of the province where the applicant will reside. In principle, the REDSARA platform may be used, since MERCURIO has not been enabled at this time, the form will be the EX-01 form referring to initial residence permit applications.
  
  This application must be submitted within 60 calendar days prior to the expiration date of the validity of the authorization of stay for studies and up to 90 calendar days after the validity date (general rule in foreigners). It is worth mentioning that the application within the indicated term extends the validity of the previous authorization until the resolution of the procedure.
  
  The term of resolution of this authorization of residence to look for work will be of 20 working days, passed this term without an answer on the part of the Administration it will be understood to be resolved FAVORABLE, that is to say, the well-known positive administrative silence applies.
  
  
• Finally, if the person finds a job related to his or her academic training, he or she must apply for the corresponding initial residence and work authorization, either in accordance with the Entrepreneurs Law (highly qualified professional) or under the general regime (employed), or if he or she wishes to start the entrepreneurial activity with his or her business project. 

From Molinares Abogados we will keep you informed as soon as the instructions are published by the Directorate General of Migration on the transposition of the rule and the procedure to apply for the residence permit that has been the subject of this entry.