Dear Atty. Chona,
I found your online magazine while I was surfing the net for information about moving to Europe!
1. What’s the best plan for migration to Spain?
2. Is it wise to do a tourist visa first and then change to student when I am in Spain na (I want to finish my Master’s in bilingual education, maybe use Spain as my locale?) – Is that even possible?
3. Should I look for scholarships while I’m here in the Philippines?
4. How can I have a residence card if I go illegal? And for how long will that be?
5. Can I get a work permit in Spain even if I have a tourist visa? Or maybe change my tourist visa to work when I am in Spain?
Based on your Academic Qualifications and your desire to continue studying, the best option you have is getting a Student Visa. You can find the requirements hereunder. You can take master studies in any of the Schools, private or public. The process starts there in the Spanish Embassy, after deciding which course you want to take and in what school. There are several requirements but it’s easier than the other way.
If you come as tourist, aside from your friend’s invitation with free board and lodging you have to comply a lot of requirements, then, you must return to the Philippines once finished your visa. You can’t work legally as tourist and it will take 3 years of stay here to initiate your application for residence by arraigo social . During these 3 years you will live with fear of getting deported, work illegally without due rights like legal employees, if somebody give you the opportunity to be hired at his own risk of being sanctioned and a lot of inconveniences.
One of the alternatives are, if you come as student or Tourist you can find a Spanish citizen to get married even though your visa lapsed, but it’s not too easy. However, if you come with student visa you can work for half time, meaning 4 hrs a day with the possibility of extra hours legally, At the same time you can try to apply for working permit, either for arraign social, creating your own business etc.
I admire your ambitions, that’s the point, nothing is impossible but be wise. Good Luck.
USEFUL TIPS AND PROCESSES TO FOLLOW FOR THE ACQUISITION OF STUDENT VISA.
To remain legally in Spain need to apply for your student card (NIE). This document authorizes you to remain in Spain throughout the duration of your studies and also gives you the ability to travel within the European Union and those countries that have signed with Spain or the EU on the free movement of people.
Before coming to Spain , you have to get the ” student residence visa ” in the Spanish consulate in your country of origin or legal residence. You must provide documentation proving that you have been accepted into a program of study. You can check the consulate website corresponding to the Spanish Ministry of Foreign Affairs.
Visa is very important that the study is (type D). Any other type of visa does not entitle a student to apply for the card. Once you arrive in Spain , you have to go to the police station for the first 30 days of your entry into the country for processing the residence permit for studies.
If the studies you have to do in Barcelona are lasting 6 months or less, it is possible that the Spanish embassy or consulate processed a student visa with the observation “STUDIES 180 TOTAL DAYS.” This type of visa may be extended without having to return home to look for another visa.
Student Residence Visa enables an authorization to remain in Spain for a period exceeding ninety days for completion or further studies in an educational institution authorized in Spain , on a full-time program , leading to a degree or certificate studies .
Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies , pupil exchange , unremunerated training or voluntary service .
Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration ( Articles 25a . F , 30 and 33 )
Regulation of Organic Law 4/2000 , approved by Royal Decree 557/2011 , of April 20 (Articles 37 to 42 ) .
-Not a citizen of a State of the European Union , European Economic Area or Switzerland , or family of citizens of these countries that already covered the system of EU citizens .
-Not be prohibited from entry into Spain and not appear as objectionable in the territorial space of countries with which Spain has signed an agreement to that effect.
-Having sufficient financial means to cover the costs of stay and return to their country and , where appropriate, those of their families , according to the following amounts :
-For your support , monthly 100% IPREM , in this year 2013 amounted to 532.51 euros, unless it is duly accredited have accommodation paid in advance for all the time you have to take the room.
-For the support of their families , monthly , 75 % of the first family IPREM ( 399,38 euros) and 50 % of IPREM for each of the remaining persons ( 266.26 euros ), unless it is duly accredited to have accommodation paid in advance for all the time you have to take the room.
-Having a public insurance or private health insurance concluded with an entity authorized to operate in Spain .
-In the case of minor students who are not accompanied by their parents or guardians , their authorization , the center consistently , organization, entity or agency responsible for the activity and the period of intended stay .
-Having been admitted to an educational authorized in Spain , for the realization of a full-time program , leading to a degree or certificate.
-In the event that the length of stay exceeding six months following requirements:
• In the case of adult l , no criminal record in Spain and in their previous country of residence for the past five years for existing offenses under Spanish legislation .
• Not having any of the diseases that may have serious public health implications in accordance with the provisions of the International Health Regulations 2005.
Note : in general it must provide copies of the original documents and displaying at the time of application .
• Visa application form national official form , in duplicate , duly completed and signed by the alien or his legal representative in case of minor. This form can be obtained in www.maec.es
• Full and valid passport or travel document recognized as valid in Spain , with a minimum validity period for requesting the stay.
• Proof of financial means available for the period requested and to return to the country of origin .
• In the case of minor students , parents or guardians authorization stating the center , organization, entity or agency responsible for the activity and the period of intended stay .
• Proof of having insurance.
• Documentary evidence to be admitted to an educational institution .
If the length of stay exceeds six months :
• Medical certificate .
• If you are legal age, criminal record certificate issued by the authorities of the country of origin or the country where you have resided during the past five years.
Important note : When documents are provided in other countries must be translated into Spanish or co-official language of the territory where the application is submitted . In addition, all foreign public document must first be legalized by the Consular Office of Spain with jurisdiction in the country where the document was issued and the Ministry of Foreign Affairs and Cooperation except that the paper has been apostille by the competent authority of the issuing country under the Hague Convention of October 5, 1961 and unless the document is exempted from legalization under International Convention.
Student visa application : Personal appearance of overseas student . If you are under age, their parents, guardians or duly accredited representative, personally.
Where to submit : Mission Spanish diplomatic or consular office in whose district he resides abroad.
Fee for the issue of a visa : is 60 euros to be paid at the time of visa application .
Time resolution and issuance of visa : the deadline for notifying the resolution is one month from the day following the filing date of the application in the appropriate consular office for processing. After this period the Administration has given express reply, you can understand that the application has been dismissed by administrative silence.
The visa granted must be collected within two months of notification. In the absence of collection within the said period shall mean that the person has waived the visa granted and produce the file of the proceedings.
The length of stay is granted will be equal to that of the studies conducted, with the maximum of a year.
In the event that the student residence last more than six months abroad must apply in person the foreigner’s identity card within one month from the entry into Spain , in the Foreign Office or Police Station the province where authorization has been processed . The applicant will exhibit at the time of processing fingerprint passport or travel document,
Card application abroad, official form ( EX -17 ) available in http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/
Receipt of the card rate amounts to 15.15 Euros.
Three recent color photographs in white background, passport size.
The student may be accompanied by their families, and may also be authorized to perform gainful activities as an employed or self-employed, provided that the activity is compatible with the conduct of studies, and the income from not having the character of necessary resource for sustenance or stay.
To know more about free legal assistance, call the lawyers of CAT LAW FIRM S.L.P. at 93 015 37 27 or 635 878 688. Their offices are located on Calle Aribau no. 176-bis 1 º -2 ª 08036 in Barcelona and at Pinoy Central Headquarters in Madrid located on Calle General Margallo Mezzanine #9, 28020 Madrid. Call 91 014 99 93. Also, send your inquiries to [email protected] or [email protected]
Please be informed that Habeas Corporation International Lawyers and Mediators is already dissolved by mutual agreement of the partners effective May 31, 2014.
Source: As published on February 17, 2014 : http://thefilipinoexpat.com/studying-spain/