Study permits in Spain: what changes with the new Immigration Regulations

Although the decree addresses multiple aspects, in this article we will focus on the most relevant changes that will affect those who plan to study in Spain from May 2025, when the new rules come into force. These modifications will impact more than 78.984 foreign students who currently have authorization to stay in the country* and those who arrive Spain starting May 2025.

Who can apply for a study permit?

The new regulation establishes that foreigners who wish to carry out academic activities for more than 90 days may apply for a study permit in Spain, provided that the study centre chosen by the student is recognised in Spain and is duly registered in the corresponding official register.

 

 Higher education (such as bachelor's degrees, master's degrees or specific qualifications).
 Post-compulsory secondary education authorized in the country.
 Exchange programs managed by recognized centers in Spain.
 Volunteer programs that are part of initiatives of general interest and are not for profit.
 Formation activities (such as language studies or courses leading to a professional certification in Spain).

 

All studies must be completed full-time and taught by official, recognised study centres registered in the relevant registers.

 

How to check if a study center is recognized in Spain?

 

For college, the educational center must be registered in the Registry of Institutions and Higher Education Centers. This information can be verified through the following official registries: the Registry of Universities, Centers and Degrees (RUCT), the State Registry of Non-University Teaching Centers, the Registry of Institutions and Higher Education Centers, or in another official registry to which the registration corresponds.

 

As for post-compulsory secondary education, the educational center must be registered in the State Registry of Non-University Educational Centers or in another official registry.

 

Main changes in the new Regulation

 

One of the most notable changes is the Exclusion of research activities and non-work practices from the scope of study authorisationsFrom May 2025, these activities must be processed according to Law 14/2013, aimed at supporting entrepreneurs and their internationalization.

 

On the other hand, one of the most positive and innovative changes in the field of study permits is the inclusion of the hybrid modality for higher education, post-compulsory secondary education and training activities. This modality will be valid as long as at least 50% of the programming is taught in person. In the case of university studies, this minimum percentage is not required, but the hybrid modality must comply with the provisions of the study plan and with the current regulations on university matters.

 

New facilities for proving financial means

 

In relation to the requirements that must be accredited by those interested in a residence permit college (a modality that automatically enables the holder to work for others and for himself), highlights the possibility of justifying financial means through an employment contract or a firm offer.

 

This option was already contemplated in Instruction SEM 1/2023, which introduced significant changes to study permits in Spain, allowing their holders to work. This provision has been maintained in the new Regulation.

 

It is important to note that this possibility applies exclusively to those who are pursuing higher education, who are authorized to work. In these cases, work activity must be compatible with the completion of studies, which means that the maximum workload of 30 hours per week cannot be exceeded, except in intensive vocational training programs.

 

Changes in the application procedure

 

The new regulation also modifies the deadline for submitting applications from Spain. From May 2025, students must submit their application at least two months before their legal status expires. This represents a reduction from the previous deadline, which allowed those entering as tourists to submit their application one month before the end of their 90-day stay in the Schengen Area.

 

Another new feature introduced is the possibility that family members accompanying students can also request authorization to stay from Spain, a possibility that was not previously applicable to them.

 

As for applications submitted from Spain, these remain limited to:

 Students pursuing higher education.

 Those who undertake training leading to certification of technical aptitude or professional qualification according to the resolution of the competent body.
 Students of health specialization programs.

 

For other types of study, the authorisation must be processed through the corresponding Spanish consulate in your place of residence. This procedure will include the issuance of the corresponding study visa, maintaining the procedure as it was carried out until now.

 

This new regulatory framework reflects Spain's commitment to modernizing and simplifying immigration procedures, facilitating international students' access to educational programs in the country, while more clearly establishing their rights and responsibilities.

 

*Data updated as of October 3, 2024, according to the Immigration Observatory of the Ministry of Inclusion,
Social Security and Migration.

 

Rafaela Paim Cavalcanti Verdi, Immigration Lawyer. AGM Abogados