Modification of student visa to work permit
After graduatiion, students who want to work in Spain, can apply for change of your student residency for a work residency program. To apply for a work permit you need a work contract.
If you do not have a job at the moment, you can apply for job search visa to have more time to find a job.
Work contract requirements
There are certain legal requirements for a work contract to apply for a work permit, and if the contract does not meet the conditions, then the residence permit will be denied.
-Indefinite employment contracts
In Spain, there are temporary contracts (“contrato temporal”), and indefinite contracts, also known as fijo (“contrato indefinido“).
The immigration law states that the duration of the work contract for applying for work residence must be at least 1 year.
Since recent labor law amendment, Spanish government has prohibited the use of temporary contracts in most case, therefore only indefinite employment contracts would be accepted by the Immigration Office.
-Full time or part-time work contract?
The work contract is also divided into “jornada completa” (full time) and “ jornada parcial” (part-time).
For the purpose of applying for a work permit, the work contract can be for a full time or part–time (at least 30 working hours per week).
In the case of part-time work, the law states that the applicant must be paid the minimum wage, which in 2023 will be 1080€/month (at 14 salaries) in Spain.
Related article: Minimum wage of 1080 euros in Spain
-Can a work contract be unrelated to my studies?
There are no legal restrictions on this point. Even if you are a student, you can have a work contract that is not related to your studies. For example, a student who graduated with a master’s degree in tourism can apply with a work contract as a waiter in a restaurant.
-What financial conditions does the company need to meet?
The Immigration Law states that the employer must meet certain financial requirements. The employer can be a company or a self-employed person (autónomo).
- The employer is a company
In this case, the law does not establishes a minimum income or benefits the company must have. Whether the company has enough economical means is subject to a case-by-case study by the Immigration Office.
- The employer is an individual
If the employer is self-employed individual, then we need to prove that the employer, after paying the salary and social security contributions, have enough means for personal and familiar living expenses.
If the owner is a single person, after paying the salary and social security contribuitons, he or she needs to have a monthly balance equal to the IPREM value, i.e. 600 €. If the employer family has two members, then it is necessary to prove twice the IPREM value.
Related article:Spain IPREM Economic Capability Indicators Explained
If the owner has more than 2 people in the family, then for each additional person, an additional 50% of the IPREM value needs to be proven.
-The empleyer cannot owe taxes
In addition to the above requirements, the immigration office will also look at whether the employer owes taxes or social security contributions. If the employer does not pay taxes or insurance premiums, the work contract issued by him cannot be used to apply for a residence permit. All rights reserved .
In order to check whether the employer owes taxes or social security contributions, you need to apply for a certificate from the tax office and the social security office.
