STUDENT RESIDENCE PERMIT

This permit authorizes foreigners to remain in Spain for a period of over 90 days to carry out or continue their studies in an authorized learning center in Spain. The program must be full-time and the student must receive a certificate or diploma when the program ends.

In order to do this, the applicant must fulfil the following requirements:

• Not be an Member of the European Union, the European Economic Area or Switzerland or family members of citizens of either of these.

• Not be prohibited from entering Spain or denied entrance within the territorial space of any country that has signed an agreement with Spain.

• Have sufficient economic means to cover expenses within Spain and to return to their country of origin. Student´s must cover the expenses of family members travelling with them. Accommodation must be previously paid for along with the following:

• 100% IPREM monthly for the applicant 
• 75% IPREM for the first family member 
• 50% IPREM for each of the remaining family members 

• Have public or private health insurance contracted with a company that provides coverage in Spain.

• When dealing with minors who are travelling unaccommpanied, they must present an authorization signed by a parent or legal guardian and by the learning center, organization or entity responsible for the student´s activity and period of stay in Spain.

The student must have been accepted to study in an authorized learning center in Spain.

In the event that the program duration is more than six months, then the following requirements must be fulfilled:

• Students of legal age must present a notarized criminal background check.
• Must not suffer from any illness or infectious diseases that may have serious repercussions on public health.

After having fulfilled the aforementioned requirements, the applicant, or his parent, legal guardian or authorized representative in the event that he is minor, must submit the application at the Spanish diplomatic mission or consular office wherever he resides.

The visa once granted must be collected within two months from the date of notification.  The visa will be granted for the same amount of time as the intended duration of the program, with a maximum of one year.

If the period of stay exceeds 6 months, the applicant must request a foreigner´s identification card in person within the first month of stay.  This may be done at the immigration office or police station in the province where the authorization was granted.  The foreigner must present the following when applying for their identification card:

• Foreigner Identification Card application
• Certification of payment of corresponding fee
• Three recent passport size photos in color with a white background

The student may come accommpanied by family members and may also be authorized to work for self-employment or paid employment as long as the work does not interfere with his studies and the revenue earned is not the main necessary means of living.

Translated by:  Katherine Pascal

FAMILY REUNIFICATION

Foreign nationals living in Spain may request a temporary residence authorization for family members allowing them to come live in our country with them.  This is what we call ¨family reunification.¨

It may be assumed that when dealing with family reunification in Spain, the applicant is either a resident of our country originating from an EU member state, a resident originating from a non-EU member state, or be a Spanish state national.

The following are the requirements that must be fulfilled for non-EU member state nationals to apply for family reunification:

• Not be a citizen of the European Union, European Economic Area or Switzerland 
• Not be a family member of a citizen pertaining to the aforementioned countries
• Not be in Spain illegally
• Have lived in Spain for at least one year and have been authorized to remain in the country at least one more year
• Not have a criminal record in Spain or in country of previous residence
• Have social security or private health insurance coverage
• Have sufficient economic means to meet the needs of family members, according to established critera.

Translated by:  Katherine Pascal

HIRING NON- EU RESIDENTS

Employer´s have the option to hire non-EU resident foreigners.  In order to carry out this procedure, there are requirements that must be fulfilled so that the foreigner can be authorized to reside and work legally in our country.

Except in exceptional circumstances, the national employment situation allows for the hiring of non-resident foreigners if the position being filled is included in the catalogue of coverage for difficult jobs. This may also be done if the employer can provide the employment services office with evidence proving difficulty in hiring personnel for such occupation.  The hiring company must be able to accredit to having the necessary economic, human and material resources to develop their project, therefore guaranteeing ongoing activity for the worker whose recruitment must be in accordance with current employment legislation.

Finally, the worker must fulfil the minimum requirements in order to be authorized to reside and work in Spain.  Such requirements include not having a criminal record and not being in an irregular situation in Spain.


Translated by: Katherine Pascal 

RESIDENCE AND WORK PERMIT FOR SELF-EMPLOYMENT

A foreigner looking to live and work in our country must request a residence and work permit for self-employment. Such permit differs on some levels from a residence and work permit for paid employment.

One of the first requirements demanded of the applicant requesting a residence and work permit for self-employment is the possession of proper professional qualifications or sufficient accredited experience in the field in order to carry out such economic activity in Spain.  Regulations also impose compulsory membership in cases where the professional activity demands it, such as with advocacy for example.

Please contact us at abogados de extranjería en Barcelona

Since self-employment requires an investment to start the economic activity, in order to carry out the activity the applicant must provide proof of sufficient economic means to obtain the corresponding residence and work permit.  At the same time, the applicant must be sure to fulfill any other further requirement that may exist due to specific regulations before initiating the activity.

Translated by: Katherine Pascal