Residence on the basis of Internship

A residence for professional practice in Spain can be obtained on the basis that you have an Agreement (convenio) or a Contract (contrato) with an employer.

In Spain, since 2008, there has been a category of residences on the basis of the Entrepreneurship Law, which also includes such a basis as the Residence for professional practice.

WHAT IS A RESIDENCE PERMIT FOR PRACTICE?

This permit allows a student (holder of a student’s residence permit) to access the residence permit card on a general basis, if the internship takes place during studies or no later than 2 years after graduation. Today, this residence permit is one of the preferred for students who want to strengthen their positions and rights in Spain.

HOW TO REQUEST A RESIDENCE FOR PRACTICE?

Foreign students can obtain a residence in Spain in different ways: for example, residence permit for job search (búsqueda de empleo), two types of modification after three years of student life – work for yourself or under a contract – all within the framework of Article 199 of the Foreigners Law.

But in reality, a residence permit for internship (residencia para prácticas profesionales) greatly simplifies the process for students educated in Spain.

Residence permit authorization for practice is possible in two ways:

  • Based on an Agreement (convenio de practicas) signed with an employer (institution or company)
  • On the basis of an employment contract (contrato en practicas). In this case, it is a full-fledged employment contract that makes you the same employee of the company as other employees.

WHAT TO CHOOSE?

There is a specificity in this situation. The fact is that, according to the law, practice cannot be carried out under an employment contract. BUT! There is an exception – if you have completed your studies within the last two years, on the basis of which you want to do an internship, then this is already allowed.

In other cases, a residence permit for practice is requested on the basis of the Agreement. And the future trainee must, in addition to the standard details, such as medical insurance, also demonstrate the availability of his own financial resources sufficient to live in Spain for the duration of the practice.

PROS FOR THE EMPLOYER

Many companies are intimidated by the idea of ​​hiring a foreigner directly on a full-time basis for 1 year, also because the procedure implies the need to contact the immigration office and provide your company documentation. On the contrary, the signing of the Agreement for the internship is only a period of 6 months, which can then be extended for another 6 months and does not imply a full working day, and the procedure is greatly simplified and can be performed telematically.

Thus, all these steps speed up the path for foreigners in Spain to the first employment contract and simplify the procedure for the employer who does not need to burden themselves with strict contracts.

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