Residence Permit for Internships 2024
Learn How to Obtain the Permit
If you are considering taking a step towards your professional future in Spain, the residency authorization for internships could be your gateway. In this article, we will break down the requirements and necessary steps to obtain this permit, offering you a detailed guide for a successful experience.
The residency authorization for internships applies to foreign individuals with a higher education degree obtained in the last two years or those currently pursuing such a degree, either in Spain or abroad.
The additional provision 18th of Law 14/2013 establishes the fundamental requirements for obtaining the coveted Residency Authorization for Internships. This permit is designed for those who have obtained a higher education degree in the two years prior to the application or are immersed in studies leading to this degree, either in Spain or abroad.
To initiate this fascinating journey, one must sign an internship agreement or an employment contract for internships. This document should contain a description of the internship program, duration, conditions, and supervision, establishing a solid foundation for both theoretical and practical training.
Internships must align with the academic field and qualification level of the applicant, ensuring a relevant and enriching experience. Additionally, the provision requires health insurance covering all risks normally guaranteed for nationals, providing an essential safety net during the stay.
Demonstrating sufficient economic resources for monthly maintenance, equivalent to 100% of the IPREM, is another vital requirement. The absence of criminal records in the last five years in previous countries of residence completes the list of necessary conditions to apply for the authorization.
Type of Permit
It is an authorization that enables residency in Spain and participation in an internship program through the signing of an internship agreement or internship employment contract to enhance knowledge, practice, and experience in a professional environment.
Consequently, foreign students who have obtained a higher education degree in the two years prior to the application date or are currently studying towards obtaining a higher education degree can apply for it.
Internships can be non-labor (through an internship agreement) or labor (through an internship employment contract).
Now, let's look at the main requirements to obtain this permit:
- Not be a citizen of a European Union, European Economic Area, or Swiss state, or a family member of citizens of these countries subject to the Union citizen regime.
- Lack of criminal records in previous countries of residence for the last five years for offenses under Spanish law and not be listed as rejectable in the territorial space of countries with which Spain has signed an agreement to that effect.
- If applicable, be regularly in Spanish territory.
- Have obtained a higher education degree, including university education, higher artistic education, higher-level vocational training, higher-level professional training in plastic arts and design, and higher-level sports training, in the two years prior to the application date or be studying towards obtaining a higher education degree, being the holder of a study stay authorization if they are carried out in Spain.
- Internships must be carried out in the same academic field and at the same qualification level as the higher education degree or the referred study program.
- Conduct internships within a program supported by an internship employment contract or internship agreement.
- Have been admitted or hired by a public or private entity, based on the aforementioned agreement or contract, which includes both theoretical and practical training.
- If there is no internship employment contract, have public or private health insurance against illness contracted with an authorized insurance entity to operate in Spain.
- If there is no internship employment contract, have sufficient economic means to cover the expenses of stay and return to their country and, if applicable, those of their family members, according to the following amounts:
- For personal maintenance, monthly, 100% of the IPREM, unless duly accredited to have accommodation paid in advance, in which case it will be 50% of the IPREM, throughout the entire duration of the residence.
- For the maintenance of family members, monthly, 75% of the IPREM for the first family member and 50% of the IPREM for each of the remaining persons, unless duly accredited to have accommodation paid in advance throughout the entire duration of the residence.
- Not suffer from any diseases that may have serious public health repercussions, in accordance with the provisions of the International Health Regulations of 2005.
Documentation Required for This Permit:
- Copy of a valid passport or travel document, recognized as valid in Spain, with a minimum validity for the requested residence period. The original document will be exhibited at the time of submitting the application.
- Documentary evidence of having obtained a higher education degree in the last two years or, at the time of the application, be studying in a third country, or in Spain, holding a study stay authorization, leading to the obtaining of a higher education degree.
If the study stay authorization is less than six months:
- Medical certificate.
- If of legal age, a certificate of criminal records issued by the authorities of the country of origin or the country where they have resided for the last five years.
- Documentation identifying the host entity.
- Copy of the NIF and the constitution deed duly registered in the corresponding registry.
- Public document certifying that the signatory of the authorization application holds legal representation.
- Copy of the NIF or NIE of the signatory of the application or consent to verify identity data through the Identity and Residence Data Verification System.
- Documentary evidence by the host entity of being up to date with tax and Social Security obligations unless it does not object to the consultation of said data ex officio.
In the case that the internships are covered by an internship agreement, the agreement must have at least the following content:
- A description of the internship program, including the educational objective or components of the internships.
- Duration of the internships.
- Conditions and supervision of the internships.
- Internship hours.
- Legal relationship between the intern and the host entity.
In the case that the internships are covered by an internship employment contract: Original and copy of said contract, signed by both parties.
The employment contract must contain, at least, the same content indicated for the agreement, without prejudice to the other requirements demanded by labor legislation.
- Accreditation that the company has economic and material means for its business project and to fulfill the obligations assumed in the contract with the worker, including salary payment.
- Documentary evidence of having health insurance if there is no internship employment contract.
- Documentary evidence of having sufficient economic means for the requested period if there is no internship employment contract.
- Copy of a valid passport or travel document, recognized as valid in Spain, with a minimum validity for the requested residence period. The original document will be exhibited at the time of submitting the application.
Important Note: When providing documents from other countries, they must be translated into Spanish or the co-official language of the territory where the application is submitted.
Moreover, any foreign public document must be previously legalized by the consular office of Spain with jurisdiction in the country where the document was issued or, if applicable, by the Ministry of Foreign Affairs and Cooperation, except in cases where the document has been apostilled by the competent authority of the issuing country according to the Hague Convention of October 5, 1961, and unless the document is exempt from legalization under an International Convention.
Now, let's understand the process to obtain this permit:
Authorized Entity to Submit the Residence Authorization for Internship Application:
The hosting entity (the entity that hosts the intern, regardless of its legal form, and with which the internship agreement or internship employment contract is signed).
Place of Submission:
Exclusively electronically, addressed to:
Delegation or Subdelegation of the Government in the province where the intern will reside if the internships are defined in an agreement, or where the internships will take place in the case of internships defined through an internship employment contract. The submission will be done exclusively electronically and directed to the Delegation or Subdelegation of the Government in the corresponding province through the Mercurio Iniciales Immigration Platform. [External link to the portal. It will open in a new tab.]
Resolution Period:
30 days counted from the day following the submission date. If the Administration does not provide an express response within this period, the application may be considered approved by administrative silence.
In case the individual resides outside Spain, obtaining a visa will be necessary, following the procedures of Law 14/2013.
If the residence authorization for internships has a duration of more than six months, the foreigner must personally apply for the foreigner identity card within one month from entering Spain or from the notification of the approval of the residence authorization for internships if already in Spain with a study stay authorization. This should be done at the Foreigners Office or Police Station in the province where the authorization was processed.
The applicant will present their passport or travel document at the time of the fingerprint process and provide:
- Application for a foreigner card, in an official model (EX-17).
- Proof of payment of the foreigner card fee.
- One recent color photograph, on a white background, passport size.
How Long Does the Process Take?
With a hosting agreement, the residency authorization's duration will be twelve months or equal to the agreement's duration if it is shorter. This authorization can be renewed once, with the total period not exceeding two years (initial authorization plus its extension).
With an internship employment contract, the authorization's duration will be as specified in the employment contract according to the applicable labor legislation at any given time. This authorization can be renewed up to the maximum allowed by labor law, currently for one year.
Response Time for the Application:
The deadline for resolving the application is 30 days. If there is no resolution within this period, it is considered approved by positive administrative silence. This is crucial because, in case of no response within 30 days, the permit is considered granted.
If you are interested in this type of permit, do not hesitate to contact our team.
Visal Immigration is an expert firm in processing all types of residence permits and nationality, and our lawyers will be happy to address all your questions and assist you in obtaining the necessary documents for the application to have the highest chances of success.
VISAL IMMIGRATION
Email: info@visalimmigration.com
Phone: (+34) 618 702 253
Website: www.visalimmigration.com
Feel free to reach out if you have any further questions or if there's anything else we can assist you with.