Introduction
Foreign students who have obtained a higher education degree in the two years prior to the application date or who are carrying out studies that lead to obtaining a higher education degree in Spain or abroad, have the possibility of participating in an internship program by signing an internship agreement or work contract.
It is about enhancing the applicant’s knowledge, practice and experience in a professional environment.
To do this, they must have a prior residence authorization for internships and, in the event that they are not located or reside in Spanish territory, the corresponding visa that will be issued in accordance with the procedures described in the Entrepreneurs Law (mobility section). .
Permit applicant
The residence authorization for internships will be requested by the host entity by electronic means and will be valid throughout the national territory.
Place of presentation
The request will be addressed to the Government Delegation or Sub-delegation in the province in which the
activity that will be resolved within 30 days. If it is not resolved within said period, the authorization will be understood as estimated by administrative silence.
Requirements
The applicant must prove the following requirements to request the residence permit for internships:
a) That the foreigner has been admitted to carry out internships based on the signing of an internship agreement with a host entity, which includes theoretical and practical training.
The internship agreement will contain, at least:
- Description of the internship program, including the educational objective or components of the internship.
- The duration of the internship.
- The conditions of the practices and their supervision.
- The working hours.
- The legal relationship between the trainee and the host entity.
b) That the foreigner has obtained a higher education degree in the two years prior to the date of application or that he is carrying out studies that lead to obtaining a higher education degree.
c) That the internships are carried out in the same academic field and at the same level of qualification as the higher education title or the referred study program.
d) That the foreigner will have health insurance and sufficient resources during his residence.
e) That the foreigner has no criminal record in their previous countries of residence during the last five years for crimes provided for in the Spanish legal system and does not appear as rejectable in the territorial space of the countries with which Spain has signed an agreement in this regard .
f) That, where appropriate, the foreigner is regularly in Spanish territory.
National employment situation
In those cases in which the foreigner is linked to the host entity through an internship employment contract, the national employment situation will not apply. Without prejudice to submitting to the own regulation of internship work, this contract must contain, at least, the content provided for in this article for the agreement.
Period of validity
The validity period of this residence permit for internships will be twelve months or equal to the duration of the internship agreement, if less. This authorization may be renewed, only once, and the total period of the initial authorization and its extension may not exceed two years. In the event that it is an internship employment contract, the duration will be as provided therein and governed by the labor legislation applicable at all times.
Foreign identity card
Foreigners who have obtained a residence permit in accordance with this provision may request the foreigner identity card (TIE).
Regulation
Eighteenth additional provision of Law 14/2013, of September 27, supporting entrepreneurs and their internationalization.
(Additional provision eighteen, section 6, modified by Law 28/2022, of December 21, for the promotion of the ecosystem of emerging companies).