The Title XI of the Alien Regulations (Art. 190)after the amendment introduced by Royal Decree 1155/2024establishes new conditions for foreigners in Spain with a long-term stay for long-term stay for study purposes can have access to a residence and work authorization or a residence with the exception of the work authorization..
1. Who may request this modification:
You can access this modification:
- Foreigners who are in Spain with a long-term stay authorization granted to carry out the studies or training activities provided for in sections a), b) and numbers 4 and 5 of section e) of article 52 of Royal Decree 1155/2024, of November 19, which approves the Regulation of Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration. Therefore, studies that are not included in these sections will not allow access to the status of residence and work or residence with the exception of work authorization without the need to apply for a visa.
- Those who have completed and obtained the corresponding degree or certificate. or certificate.
- Foreigners in specialized health specialized health training programs in Spain.
- Not having been received a scholarship or subsidy in cooperation programs for sustainable development or humanitarian action by Spain or their country of origin.
🚫 Exclusions
It is important to note that not all studies allow this modification. Excluded are.
- Language studies.
- Vocational training studies not linked to a specific work activity.
- Short-term courses without official recognition.
Only studies leading to an official degree or certification recognized by the Spanish educational authorities are valid for this process.
Types of authorization and requirements:
Residence and paid employment
- The general requirements of general requirements of Article 74except for paragraph 1.a). The employer must comply with a series of requirements and conditions that affect both the employer and the worker (the applicant for the residence and work authorization). The main points are:
- Contract of employment
- The employer must present an employment contract signed by both the employer and the employee.
- The contract must establish a continuous activity during the period of validity of the authorization.
- The commencement date of the contract must be conditioned to the effectiveness of the temporary residence and work authorization.
- Conditions of the employment contract
- The working conditions must be in accordance with current regulations and the collective bargaining agreement applicable to the activity, professional category and locality.
- If the work is part-time, the remuneration must be equal to or higher than the minimum wage minimum interprofessional wage for a full day's work and on an annual basis.
- Compliance with tax and labor obligations
- The employer must be in good standing in its tax obligations and with the Social Security.
- It must have sufficient sufficient economic and material means to fulfill its labor obligations.
- Worker training and qualification
- The applicant must have the training and, where appropriate, with the professional qualification legally required for the exercise of the profession for which he/she has been hired.
- The applicant must have the training and, where appropriate, with the professional qualification legally required for the exercise of the profession for which he/she has been hired.
✅ Residency and self-employment
In order to obtain an initial authorization for temporary residence and self-employment in Spain, you must meet the requirements of article 84by demonstrating the viability of the business:
- Comply with the legal requirements to open and operate the planned activity.
- Have the necessary professional qualifications or experience, and be a member of a professional association if required.
- Proof of sufficient investment and, if applicable, the impact on job creation (including self-employment).
- Not being within the non-return commitment period after a voluntary return to the country of origin.
- Not be a threat to public order, safety or health, which will be proven by a criminal record and a police report.
- To have paid the corresponding fee for the procedure.
✅ Another alternative is to Apply for a residence permit for the purpose of seeking employment:
- If the applicant has completed studies at an institution of higher education (minimum higher education institution (minimum Level 6 according to the European Qualifications Framework)can opt for a residency in order to find a job or to undertake a business project in accordance with the provisions of the seventeenth additional provision of Law 14/2013, of September 27..
3. Possibility of regrouping family members
Foreigners who obtain this modification may apply for residency for their family members. residence for their family members in situation of stay if:
- Living together at the time of application.
- They accredit sufficient financial means and adequate adequate housing.
This residence will be granted under the regime of family reunification and will be linked to the main authorization.
4. Application Deadlines
Applications may be submitted within a period of:
- 60 DAYS before before the expiration of the authorization of stay.
- 90 DAYS after after the expiration of the stay.
At Molinares Abogados we are experts in foreigners and immigration and we will be happy to help you with this procedure. Contact us for a personalized advice.
