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Entry and Residence > Non-EU > Student Work Permits

Procedure for obtaining a student work permit (initial)

Who must complete this process and why? Foreigners with student visas may receive a permit to perform paid work in public institutions or private bodies, and provided a legitimate application for permission to work is presented, and provided that, in general terms, the requirements described in Article 50 of Royal Decree 2393/2004, but excluding paragraphs a) and f), are complied with.

“The following shall be required for the concession of temporary residence and work permits:

a) That the national employment situation permits foreign labour to be contracted.
For the purposes of determining the national employment situation, every three months the Public State Employment Service shall draw up, following consultation with the Tripartite Immigration Labour Committee, a list of sectors, for each province and for Ceuta and Melilla, where there is a labour shortage, based on the information supplied by Autonomous Community public employment services. This list will be based on information available on job supply and demand as managed by the public employment services. The jobs shall be those described in the National Classification of Occupations.
The fact that a sector is described as suffering a labour shortage admits the possibility of granting residence and work permits to foreigners. Likewise, the national employment situation will permit labour to be contracted for sectors where no labour shortage has been recorded, provided employers can demonstrate that they have failed to obtain labour for a specific post using the public employment services. For this purpose, the public employment service in question shall issue, within 15 days, a certificate which concludes, on the basis of their efforts to fill the post, that there is a shortage of suitably qualified applicants available to fill a specific post.

b) That the employee be guaranteed continuous activity during the period of validity of the residence and work permit.

c) That the applicant employer be registered under the corresponding regimen of the Social Security system and that said employer be up-to-date with tax or Social Security payments. In accordance with the provisions of the following article, employers may also be asked to provide evidence of the financial, material and human means deployed for their business project.

d) That the job conditions conform with those established by the regulations governing the same activity, professional category and geographical area.

e) That the employee's qualifications, where appropriate, have been formally approved in Spain, or that the employee has the skills required for the exercise of the profession or trade.

f) That foreigners contracted for work in Spain have not been convicted of any crime in Spain or in previous countries of residence for infractions of the law considered crimes in Spain.

g) That the foreign worker is not in Spain illegally.
Without prejudice to paragraph a), the national employment situation will not be taken into account in the circumstances described in Article 40 of Organic Law 4/2000, of 11 January. Likewise, the national employment situation will not be considered in granting work permits to nationals of States with which Spain has entered into the corresponding international agreements, or to nationals of non-European Union or non-European Economic Area nationals working as crew on Spanish vessels in virtue of international fishing agreements. In this case, duplicates of the embarkation notice or renewal of overseas crew contracts for Spanish vessels will be considered as valid work permits."

Contracts must be written and should generally be for part-time work. For full work days, contracts may not exceed 3 months and may not coincide with courses of study.

Since the work permit will coincide with the duration of the employment contract which may not exceed the duration of the study visa or permit, once the latter expires the permit is automatically withdrawn.

Institution/Support Centre:

Interior Ministry of Spain
www.mir.es/SGACAVT/extranje/
tel. 900 150 000 general information

www.mir.es/SGACAVT/extranje/directorio.html ( Directory of Spanish foreign offices)
Tel. 900 150 000

 

What to do once in Catalonia

Where should I apply?

Barcelona.
To apply for a work permit you will need to make an appointment by phoning 93 520 95 30 or by sending an email to citaprevia@oue.barcelona.map.es.
The legal representative of the company will be given an appointment for the Immigration Office at No. 2, Avenida Marqués d'Argentera, Barcelona.
For further information, phone 93 482 05 44.

Tarragona.
You will need to make an appointment with the Central Government Sub-Delegation in Tarragona by phoning 977999132. You will be given an appointment for the office at No. 3, Plaça Imperial Tarraco, Tarragona. You will also be asked to bring the relevant documentation.

If you wish the Rovira i Virgili University to make the application on your behalf, send an email requesting an appointment with the Central Government Sub-Delegation to the Human Resources and Organisation Department at fina.cabre@urv.net. You will be given an appointment for the office at No. 3, Plaça Imperial Tarraco, Tarragona. You will also be asked to bring the relevant documentation.

Lleida.
To apply for a work permit you will need to make an appointment by phoning 973 23 78 50.
You will be given an appointment for the Immigration Office at No. 36, Prat de la Riba, Lleida. Tel: 973 95 92 30.
For further information, phone 973 95 92 46/ 973 95 92 30 or visit the Central Government Sub-Delegation at No. 1, Plaça de la Pau, Lleida. Tel: 973 95 90 00. Fax 973 95 91 28.

Girona.
There is no need to make a previous appointment.
Visit the office in person (or send a representative with a written, signed authorisation).
The address is No. 14 Plaça Josep Pla, Girona. For further information, phone 972 06 93 30.

What documentation is required?

You will need the following documents (originals and photocopies):

Application EX-05 (Autorización administrativa para trabajar (EX-05)
A valid passport, registration certificate or travel document.
A valid student's card (or evidence of having requested renewal).
Certificate of residence (padró) for your current address, in the event of having changed address.
A certificate issued by centre where you are studying, which describes the academic calendar and timetable, and, if appropriate, any practicals that are part of the course.
An employment contract. The conditions of the contract must conform to those established by the regulations governing the same activity, professional category and geographical area. Remuneration should be expressed in euros.

When the contract is part-time, it should describe the job in terms of the number and distribution of hours per day, week, month and year.

For full work days, contracts may not exceed 3 months and may not coincide with courses of study.

When required by law, documents that prove that the employee has the qualifications or skills required for the exercise of the profession or trade for which the permit is required.
Descriptive memorandum of the activities of the company and a job description.

a) DNI (Spanish document ID) of the individual or CIF (Spanish tax ID) of the company offering the employment contract (the original will be returned).
b) For companies constituted as legal personalities, the public deed (duly registered in the Register corresponding to the type of entity, i.e. mercantile, foundation, etc.) that awards power of attorney to the representative signing the contract (the original will be returned).
In relation to the signatory, the reference to the granting of legal representation of the company should be underlined in the copy of this public deed.
c) For cooperatives, an authorised copy of the Members Registration Book.

Registration of the freelance individual/company with the Social Security (the original will be returned). If appropriate, documentation indicating exemption from Social Security dues. The 3 last receipts for payments to a recognised Social Provision Friendly Society for members of professional associations subscribing to these societies as an alternative to registration under the special regimen for freelance professionals.
Companies created within the previous 12 months will also have to supply the following additional documentation:

Company deeds and articles of association as inscribed in the Mercantile Registry.
Documentary evidence that its premises are available to and occupied by the company.
Documentary evidence of the need to contract foreign labour (for example, business orders, etc.)

Renewal of a student work permit.

Who must complete this process and why? Student work permits will be renewed if the circumstances that dictated the granting of the previous permit remain the same, and provided that the research or study permit has been renewed.

Where should I apply? Click here.

What documentation is required?

You will need the following documents (originals and photocopies):

Application EX-03 (Autorización administrativa para trabajar (EX-05) ).
A valid passport, registration certificate, or travel document.
A valid student's card (or evidence of having requested renewal).
Certificate of residence (padró) for your current address, in the event of having changed address.
Certificate issued by centre where you are studying, which describes the academic calendar and timetable, and, if appropriate, any practicals that are part of the course.
Certified employment contract, issued by your employer, that proves that you continue being employed in the same conditions.

WORK PERMIT FOR STUDENTS WHO DO NOT CHANGE EMPLOYER (a change of employer requires you to provide the same documentation as for an initial application).

 

Updated May 2007


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