On November 19, 2024, the Spanish Government approved a new Foreigners' Regulation that introduces significant changes to study stays. This regulation, which will come into force in May 2025, aims to improve the integration of international students in Spain. In this blog, we explore the implications of these reforms for those planning to study in Spain, as well as the changes from the previous regulation.
The new regulation establishes that foreigners wishing to carry out academic activities for more than 90 days may apply for a long-term stay authorization for studies, student mobility, volunteer services or training activities, provided that the study center chosen by the student is recognized in Spain and duly registered in the corresponding official registry.
Academic activities include:
- Completion of higher education studies in a recognized institution or center of higher education in Spain, within the framework of a full-time program, leading to the award of a recognized higher education degree.
- Completion of post-compulsory secondary education studies in an authorized educational institution in Spain, within the framework of a full-time program leading to a recognized degree.
- Participation in a student mobility program to follow a compulsory or post-compulsory secondary education program in an officially recognized educational or scientific institution.
- Provision of a volunteer service within a program that pursues objectives of general interest for a non-profit cause, in which the activities are not remunerated, except in the form of reimbursement of expenses, pocket money or both.
- Conducting training activities.
Among the changes introduced by the new regulation is the exclusion of research activities and non-work internships from the scope of study authorizations. From its entry into force, these activities will have to be processed in accordance with Law 14/2013, aimed at supporting entrepreneurs and their internationalization.
In addition, it is established that university studies may be carried out in face-to-face or hybrid mode, in accordance with the curricula and current university regulations. Other higher education studies may be carried out in face-to-face or hybrid mode, provided that at least 50% of the program taught is face-to-face.
Regarding the proof of financial means during the time of study, resources from subsidies, grants, scholarships, a valid employment contract or a firm job offer will be taken into account when the authorization entitles to work, as well as a declaration of taking charge by the educational institution responsible for the student exchange program, by a host entity for trainees or a volunteer entity.
This option was already provided for in SEM Instruction 1/2023, which allowed holders of study permits to work. This provision is maintained in the new regulation.
Modifications to the Application Procedure
The application for authorization of long-term stay may be submitted when the foreigner is outside Spain by applying for the corresponding visa, or when he/she is the holder of a residence permit and is in national territory.
In the case of higher studies or training leading to obtaining the certification of technical aptitude or professional qualification, in accordance with the training activities, duration and conditions established by Resolution of the competent Body, the application for stay may be submitted from the Spanish territory, provided that the foreigner is regularly present in the country. Said application must be submitted at least two months before the expiration date of the legal situation in which he/she is.
This represents a reduction compared to the previous legislation, which allowed those entering as tourists to submit the application one month prior to the end of the 90-day stay in the Schengen Area.
Another new feature is that family members accompanying students will also be able to apply for authorization to stay from Spain, which was not previously allowed.
The new immigration regulations, approved in November 2024 and which will enter into force in May 2025, introduce important changes for international students in Spain. In our firm, specialized in legal advice for international students, we are committed to accompany students in every step of the regularization process and in all the procedures related to their stay in Spain. If you have any doubts or need guidance on how to manage your application for a stay for study purposes, do not hesitate to contact us. We will be happy to help you make your dreams of studying in Spain come true with total security and confidence.
