Internship Residence in Spain

TYPE OF AUTHORIsATION

This is a residence permit that enables you to reside in Spain and to participate in an internship program by signing an internship agreement or internship contract in order to improve your knowledge, practice and experience in a professional environment.

Consequently, it can be applied for by foreign students who have obtained a higher education degree in the two years prior to the date of application or who are pursuing studies leading to a higher education degree.

These placements may be non-labour internships (through an internship agreement) or labour internships (through an internship work contract).

Written by Josep Conesa

Labour and bankruptcy lawyer

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REQUIREMENTS

• Not be a citizen of a European Union Member State, the European Economic Area and Switzerland, or a family member of citizens of these countries, to whom the Union citizen regime applies.
• No criminal record in the previous countries of residence during the last five years for crimes provided for in Spanish law.  The applicant must also not appear as objectionable in the territorial space of the countries with which Spain has signed an agreement in this regard.
• Be in a regular position in Spanish territory (i.e. not be in Spain illegally)
• Have obtained a higher education degree (including university education, advanced artistic education, advanced professional training, advanced professional arts and design education, and advanced sports education) in the two years prior to the date of the application or be carrying out studies that lead to a higher education degree.  The applicant must also be the holder of a residence permit for these studies, if they are carried out in Spain
• The internship must be carried out in the same academic field and at the same level of qualification as the higher education degree or study program referred to.
• The internship is to be carried out within a program supported by an internship contract or internship agreement.
• Have been admitted or hired by a public or private entity, based on the aforementioned agreement or contract that includes theoretical and practical training
• Have public or private health insurance (in the absence of an internship work contract), arranged with an insurance entity authorised to operate in Spain.
• Have sufficient financial means (in the absence of an internship work contract) to cover the costs of the stay and return to the applicant's home country and, where appropriate, those of their relatives, in accordance with the following amounts:
  • For the applicant's own maintenance: Monthly, 100% of the IPREM, unless it is duly accredited that the accommodation has been paid in advance, in which case it will be 50% of the IPREM, for the entire duration of the residence.
  • For the support of their relatives: Monthly, 75% of the IPREM for the first relative and 50% of the IPREM for additional relative, unless it is duly accredited that the accommodation has been paid in advance for as long as the residence is to last.
• Not suffer from any of the diseases that can have serious public health repercussions, in accordance with the provisions of the 2005 International Health Regulations.

REQUIRED DOCUMENTATION

• Application form in official model (EX-04, duly completed and signed by the host entity).
• Copy of the valid passport or travel document, recognised as valid in Spain, whose validity covers at least the period for which residency is requested. The original document must be shown when submitting the application.
• Documentation accrediting having obtained a higher education degree in the previous two years or accrediting current studies, at the time of the application, leading to a higher education degree, either in a third country or in Spain (as the holder of a residence permit for studies).
• If applicable, if the applicant's current residence permit for studies expires in less than six months:
  • Medical certificate
  • If you are of legal age, a criminal record certificate issued by the authorities of the country of origin or the country/countries in which you have resided in the last five years.
  • Documentation that identifies the host entity
    • Copy of the NIF and the deed of incorporation duly registered in the corresponding Registry.
    • Public document that proves that the person signing the authorisation request is the legal representative.
    • Copy of the NIF or NIE of he/she who will sign the application or consent to verify the identity data through the Identity and Residence Data Verification System.
  • Documentation in which the host entity accredits that it is up to date with tax and Social Security obligations, unless it does not oppose the consultation of said data ex officio.
• Should the internship be outlined in an internship agreement, said agreement must have at least the following content:
  • A description of the internship program, including the educational objective or components of the internship.
  • The duration of the practices.
  • The conditions of the internship and its supervision
  • Practice hours
  • The legal relationship between the intern and the host entity
• Should the internship be outline in an internship work 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 labour legislation.
  • Proof that the company has economic and material means for its business project, and to meet the obligations assumed in the contract with the worker, including the payment of salary.
• Documentation proving that the applicant has valid health insurance (in the absence of an internship work contract). 
• Documentation proving that the applicant has the necessary financial means for the requested period (in the absence of an internship work contract).

Translation and legalisation

When documents from other countries are provided, they must be translated into Spanish or the co-official language of the territory where the application is submitted.

In addition, all non-EU, foreign, public documents must first be legalised by the Spanish Consular Office with jurisdiction in the country in which said document has been issued, unless the document has been apostilled by the competent authority of the issuing country according to the Hague Convention of the 5th of October 1961.

For more information on the translation and legalisation of documents, you can consult information sheet No. 98.

PROCESS

• Actor entitled to submit the residence permit application for internships: The host entity (i.e. the entity which will host the intern, whatever its legal form, with whom the internship agreement or internship contract has been signed).
• Place of submission: exclusively electronically through the Mercurio Initials Immigration platform, addressed to the Government Delegation or Subdelegation in the province in which you are going to reside (if you are going to carry out internships defined in an agreement) or where the internships are to be carried out (in the case of internships defined by an internship contract). 
• Resolution period: 30 days from the submission date.
  • Once this period has elapsed without the Administration having given an express response, it may be understood that the request has been accepted due to administrative silence.
• Should the applicant currently reside outside of Spain, it will be necessary to obtain a visa, in accordance with the procedures of Law 14/2013.
• Should the residence permit for internships last for more than six months, the foreigner must personally apply for the foreigner identity card within one month of entering Spain (or from the notification of the granting of the internship residence permit if the applicant is already in Spain as the holder of a residence permit for studies).  This application will be made at the Immigration Office or Police Station of the province where the authorisation has been processed.
  • The applicant will have to have their fingerprints taken and, at this time they will have to show their passport or travel document and will have to provide:
    • Foreigner identity card application, in official model (EX-17). 
    • Proof of payment of application fee. 
    • A recent, colour, passport size photograph with a white background. 
      
      

CHARACTERISTICS OF THE AUTHORIsATION

• Duration:
  • In the case of an internship agreement, the duration of the residence permit will be for six months or equal to the duration of the agreement, if this is shorter. It is possible to renew this residence authorisation only once, and the total period (of the initial residence authorisation plus its extension) may not exceed one year.
  • In the case of an internship work contract, the duration of the residence permit will be that which is provided for in the work contract in accordance with the applicable labour legislation in force. It is possible to renew this authorisation up to the maximum duration provided for in labour legislation, currently for one year.
• Family:
  • This authorisation does not provide for family reunification. Family members who were already in Spain and who had obtained prior authorisation as a family member may accompany the student.
• This residence permit does not give authorisation to work.

Looking for more information?  Don't hesitate to contact our immigration lawyers to find out more about the various possible routes to residency and the specific procedures and requirements for each: 

IMMIGRATION LAWYER BARCELONA