Can I switch from a student stay to a work permit in Spain after graduating?
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Yes. Spain's immigration regulation lets students who obtained their degree or certificate apply for a residence and work permit, as an employee or self-employed, without a visa. Apply in the two months before or three months after your student stay ends or you graduate. For a job, Spain's national employment situation isn't checked. The permit lasts one year.
Key facts
| What | The law says | Source |
|---|---|---|
| Who | Students in higher education, post-compulsory secondary education, specialised health training, and two kinds of professional training, who obtained their degree or certificate | RD 1155/2024, art. 190.1 |
| Visa needed | No | RD 1155/2024, art. 190.1 |
| Excluded | Students funded under Spanish or home-country development cooperation or humanitarian programmes | RD 1155/2024, art. 190.1 |
| As an employee | Requirements of art. 74 except the national employment situation check; the employer pays the fee | RD 1155/2024, arts. 74.1.a and 190.2 |
| Self-employed | Requirements of art. 84 | RD 1155/2024, art. 190.3 |
| When to apply | Two months before to three months after your stay ends or you obtain the degree | RD 1155/2024, art. 190.6 |
| While you wait | After admission, a provisional residence and work authorisation, including full-time work | RD 1155/2024, art. 190.7 |
| Starts | When you are registered with Social Security | RD 1155/2024, art. 190.8 |
| TIE | Apply in person within one month of the permit taking effect | RD 1155/2024, art. 190.8 |
| How long | One year | RD 1155/2024, art. 190.9 |
Who can switch
Spain’s immigration regulation (Real Decreto 1155/2024) lets foreigners with a long-stay student authorisation move to residence and work, or to residence without work, without applying for a visa, if they have obtained the degree or certificate for the studies or training they did (art. 190.1). This covers:
- higher education;
- post-compulsory secondary education;
- training towards a certificate of technical aptitude or professional licence, and full vocational training leading to professional certificates;
- specialised health training under art. 58.
You must not have received a grant or subsidy from public or private bodies under Spanish or home-country programmes for sustainable development cooperation or humanitarian action (art. 190.1).
Which permit
- Employee. You need to meet the requirements for an initial residence and work permit in art. 74, except the first one: the check that the national employment situation allows the hiring. Either the employer or you can file the application; the employer pays the fee (art. 190.2). Art. 74 includes, among others, a signed job contract with conditions that match the law and the applicable collective agreement, and, for part-time work, total pay at least equal to the full-time minimum wage over the year.
- Self-employed. You need to meet the self-employment requirements of art. 84 (art. 190.3).
- Residence without work. You need to meet art. 89.2 (art. 190.4).
When to apply and what happens next
You can apply in the two months before or the three months after your student stay ends or you obtain your degree or certificate. Applying in that window keeps your student authorisation valid until you’re notified of the decision (art. 190.6).
Once your application is admitted for processing, your student stay becomes a provisional residence and work authorisation, and the admission notice must say that you may work full time. If the application is refused, the provisional authorisation ends automatically (art. 190.7).
The permit takes effect when you are registered with Social Security. Within one month of it taking effect, you must apply in person for your foreigner identity card (TIE) (art. 190.8). The permit lasts one year (art. 190.9).
Family
If family members are with you on a student-family stay, you can also apply for residence for them. You must prove enough money and suitable housing; if granted, it is a family reunification residence permit (art. 190.5).
Related questions
- Graduates at degree level (EQF level 6) or higher can instead get a residence permit to look for work or start a business under Ley 14/2013 (RD 1155/2024, art. 190.10).
Sources
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This is general information, not legal advice, and Lumen is not a law firm. Rules change and offices differ: check the official sources above before you act. Found something wrong or out of date? Write to support@lumen.observer.