Authorisation of residence to the student for the search of employment or to undertake an entrepreneurial project

​El pasado 4 de septiembre de 2018 se publicó en el BOE el Real Decreto-Ley de 31 de agosto que plantea la creación de una autorización de residencia para búsqueda de empleo o para emprender un proyecto empresarial que será concedido a estudiantes internacionales así como a investigadores.

Eva María Ortega Rivas

Date 03/07/2019

On September 4, 2018, the Royal Decree-Law of August 31 was published in the BOE, the objective of which is to improve the EU's position in the global competition to attract talent and promote all countries that make up the same as the world’s centre of excellence for studies and training by removing migration barriers and better opportunities for mobility and employment, for this purpose and the clear objective of retaining international students, the creation of a Residence authorisation for job search or to undertake a business project that will be granted to international students as well as researchers.

It will be recognised exclusively to the foreign student holding a previous stay authorisation for studies that have been completed in a higher education institution authorised in Spain and that has reached at least level 6, this includes the degrees of Graduate and higher qualification of Higher artistic education.

The scope of application will be under three circumstances:

1.     Previous ownership of the authorisation of stay for studies granted or an extension of the same.

2.     Completion of studies in a Spanish higher education institution.

3.     Obtaining at least level 6 according to the European qualifications framework.

With regard to the requirements that must be accredited, the following must be highlighted as the principal and necessary for granting the authorisation: 

1.     The presentation of the degree or certificate of higher education or other proof of official qualification.

2.     Subscription of a medical insurance authorised to operate in Spain and that guarantees coverage throughout the validity of the authorisation.

3.     Maintenance of sufficient resources that will be accredited through a responsible declaration.

The application for this residence permit must be submitted by the interested party or his representative will be addressed to the delegation or sub-delegation of the Government of the province where it resides, the resolution will be obtained within 20 days from its presentation, if after that time no communication has been received, it will be considered estimated by administrative silence.

This type of authorisation has a maximum and non-extendable duration of twelve months, it is not authorised to work.

During the validity of the residence permit and in the case of finding employment or having undertaken a business project, you must proceed with the application for the residence authorisation corresponding to the organic law 4/2000.


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