How does the modification of the Study Permit in Spain affect Family Members?

12/5/2023

Extranjeria 24h. ABOGADOS INMIGRACIÓN
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When it comes to study permits in Spain, it is crucial to consider the impact that changes in the type of permits can have on family members accompanying the main applicant.

The duration of the permit for family members coincides with that of the main applicant (student), and they have the option to renew it simultaneously with the student while they continue their studies. However, a particular situation arises when the main family member decides to modify their permit, such as in the case of a student completing their studies.

At the end of their studies, students face various options. The most common is transitioning from a study stay to a Residence and Work Permit, either on their own account or as an employee. In this scenario, family members can directly apply for a Family Reunification Residence Permit, without it needing to be processed from the home country, as is generally required by regulations.

This process is relatively straightforward, but students may choose other types of permits, such as Residence for Job Search or Residence for Internship.

In the first case, modifying to Job Search allows family members to adjust their permit according to the new situation, provided they have already accompanied the student in their previous phase. It is important to note that this modification only applies to university degree studies, master's, or doctoral studies, excluding master's degrees not recognized by the government.

However, the modification to Residence for Internship presents additional challenges for family members, as the possibility of accompanying any family member for this type of permit is not explicitly considered. In this scenario, the family member is in a complicated position, without access to family reunification or to modification to the same type of permit as the student.

To overcome this situation, family members may consider applying for a Non-Lucrative Residence Permit, provided they have sufficient financial resources. Another option is to apply for a Study Stay Permit for themselves, starting new studies and meeting the corresponding requirements. Additionally, a Residence Permit for some type of Roots could be a viable alternative, provided that the requirements for time spent in Spain and other established criteria are met.

It is important to note that these modifications are only possible after the student has completed their studies and is ready to change their permit type.

But what happens if the student does not complete their studies? In this case, if the student decides to remain in Spain by enrolling in another course, they can apply for a new Study Stay Permit, considered initial, as long as they do so with sufficient margin (30 days) before their card expires.

However, current regulations do not recognize this right for accompanying family members, forcing them to seek alternatives to regularize their situation independently of the main family member.

In any case, the situation of family members accompanying the student can become complicated depending on the decisions made by the student when modifying their permit type. To avoid negative impacts, it is essential to seek proper advice well in advance, ensuring that the entire family can face this new stage with the necessary security.

 

#hazloBien #doitRight 

Joana, abogada de EX24.

Evgenia Manova

Evgenia Manova

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