An employment contract alone is not sufficient to switch from student status to an employed work permit. The completed course, contractual terms and the employer’s financial capacity must also be assessed.
Many international students contact us shortly before or after graduation to ask about switching from student status to an employed residence and work permit. The most common questions are whether an employment contract is enough, whether the application can be filed before the final diploma is issued and whether a newly incorporated company may sponsor the application.
In practice, the immigration authorities do not assess the employment contract in isolation. They also review the type of studies completed, evidence of successful completion, the proposed employment conditions and the employer’s ability to maintain the employment relationship.
The first step is to confirm that the completed course qualifies for this procedure. University degrees, master’s programmes, doctoral studies and certain vocational training programmes may allow the applicant to switch to employed status after completion. Stand-alone Spanish or other official language courses are generally not covered by the standard procedure.
The applicant must provide evidence that the studies have been completed and passed. It is not always necessary to wait for the final physical diploma. The educational institution may issue a provisional graduation certificate, an academic certificate or another formal document confirming successful completion of the programme.
The job title, salary, working hours and duration of the employment contract must comply with the applicable employment rules. The position must also be consistent with the employer’s business activities and reflect a genuine recruitment need. A probationary period does not automatically prevent approval, provided that the contract is genuine and its conditions are legally compliant.
The employer is also assessed as part of the application. It may need to provide corporate documents, tax and Social Security records, evidence of business activity and an explanation of the proposed position. Before signing the contract, the applicant should therefore make sure that the company understands that additional supporting documents will be required.
A newly incorporated company is not automatically prevented from sponsoring the application. However, it may need to provide stronger evidence of available funds, ongoing or planned business activities, expected revenue and the commercial need for the new employee. A lack of genuine activity or sufficient financial resources may increase the risk of refusal.