One of the most common questions among international students who move to Spain with their families is whether their spouse or partner can work during their period of study.
Under the regulations currently in force, the answer is clear: no.
Although students enrolled in certain higher education programs may work in Spain while studying, this possibility does not automatically extend to their family members.
Article 56.6 of the Spanish Immigration Regulations expressly provides that family members holding a visa or stay authorization as family members of students are not authorized to work while that authorization remains valid. This distinction between students and their family members is important when planning a family move to Spain, particularly when the academic program will last several years.
Below, we provide an example of a favorable decision obtained by ARC Legal for a student’s family member in which the Spanish authorities expressly state this limitation:
⏺️ Which family members can accompany a student to Spain?
The Spanish Immigration Regulations specifically provide for certain family members to accompany individuals who hold a long-term stay authorization for higher education studies.
This possibility applies, among others, to:
- A spouse.
- A registered partner.
- A duly proven stable partner.
- Minor children who are unmarried and have not formed their own family unit.
- Certain adult children who require specific and personalized support due to a disability or illness.
The regulations also provide for the possibility of authorizing a support person when the student has a disability or illness that makes such assistance necessary.
It is important to note that this family accompaniment regime is specifically intended for holders of long-term stay authorizations for higher education studies and those undertaking specialized healthcare training in Spain. Therefore, not all types of study stays or training activities allow family members to benefit from the same regime.
💡 If you would like to learn more about the requirements for applying for an initial study stay authorization, you can read our 2026 Guide.
⏺️ Can a student’s spouse work in Spain?
No, as long as they hold a stay authorization as a student’s family member.
The Immigration Regulations are particularly clear on this point: family members who obtain a visa or authorization under the regime applicable to students’ family members are not authorized to work while that authorization remains valid.
Therefore, holding a TIE (Foreigner Identity Card) as a student’s family member does not mean that the holder is authorized to work.
This applies both to employment and to carrying out a professional activity on a self-employed basis under that authorization.
The situation is different for the student.
⏺️ The student may be authorized to work
This is one of the main differences between the two types of authorization.
In the case of a long-term stay authorization for higher education studies under Article 52.1(a) of the Immigration Regulations, the student is automatically authorized to work as an employee or on a self-employed basis, without having to apply for an additional work authorization, provided that the professional activity is compatible with their studies.
As a general rule, the professional activity may not exceed 30 hours per week.
For example, consider a married couple in which one spouse moves to Spain to complete a university master’s degree and the other obtains an authorization as an accompanying family member.
The student may work under the conditions established by their study stay authorization. However, their spouse cannot start working simply because they hold an authorization and a TIE as the family member of a student.
This is an important distinction to understand before planning a move to Spain.
⏺️ Can the family member apply for another authorization that allows them to work?
The fact that a stay authorization as a student’s family member does not allow its holder to work does not necessarily mean that the person cannot qualify for another immigration pathway.
Depending on their personal and professional circumstances, it may be possible to consider an independent immigration authorization that does allow them to carry out a professional activity in Spain.
The appropriate alternative will depend on factors such as the family member’s immigration status, professional profile, the type of activity they intend to carry out, whether they have a job offer, their nationality, and the stage at which the change is being considered. Therefore, when both members of a couple intend to work in Spain, it may be advisable to assess the available immigration options before submitting their applications.
In some cases, simply applying for an authorization as the student’s family member may not be the most appropriate option for the family’s plans in Spain.
⏺️ How ARC Legal Abogados can help
At ARC Legal, we assist with study stay authorizations and applications for students’ family members, as well as other residence and work authorizations that may be available depending on each family member’s personal and professional circumstances.
If you are planning to move to Spain to study and would like to understand what options your spouse, partner, or family members may have to legally live and work in the country, we can assess your family’s circumstances as a whole before the applications are submitted.
You can learn more about our immigration services or contact our firm for personalized legal advice.
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- Renewing a study stay authorization in Spain | 2026 Guide
- New immigration rules for international PhD students in Spain
- Can I apply for a Digital Nomad Residence Permit if I am in Spain as a student?
¿Prefieres leer este articulo en español 🇪🇸? Aquí tienes el enlace: ¿Pueden trabajar en España los familiares de estudiantes extranjeros?
The content of this article is provided for informational purposes only and does not constitute legal advice. Spanish immigration regulations are subject to ongoing interpretative and administrative changes. At ARC Legal, we make every effort to keep the information up to date and verified against official sources. However, we always recommend consulting a specialized professional before starting any procedure or making legal decisions. If you need personalized advice regarding your situation, please contact our firm.