On 20 November 2024, the Official State Gazette (BOE) published the new Immigration Regulations (Royal Decree 1155/2024), sparking questions and expectations regarding the changes introduced. Although the decree covers many aspects, this article focuses on the most significant changes that will affect those planning to study in Spain from May 2025, when the new rules come into force. These changes will impact the over 78,984 foreign students currently holding residence permits in Spain* and those arriving in Spain after May 2025.

Written for Expat Network by Rafaela Paim Cavalcanti Verdi of AGM Abogados

Who can apply for a student residence permit?

The new regulations establish that non-EU nationals who wish to engage in academic activities lasting over 90 days can apply for a student residence permit, provided that the educational institution they choose is recognised in Spain and properly registered with the relevant official registry.

Academic activities include:

• Higher education (such as degrees, master’s degrees, or proprietary qualifications).
• Post-compulsory secondary education authorised in the country.
• Exchange programmes managed by recognised centres in Spain.
• Volunteering programmes that are part of initiatives of general interest and have no profit motive.
• Training activities (such as language studies or courses leading to professional certification in Spain).

All studies must be undertaken on a full-time basis and provided by officially recognised educational institutions, registered in the appropriate official records.

How can one verify if an educational institution is recognised in Spain?

For higher education studies, the institution must be listed in the Registry of Higher Education Institutions and Centres. This information can be verified through the following official registers: the Registry of Universities, Centres, and Degrees (RUCT), the State Register of Non-University Educational Centres, the Registry of Higher Education Institutions and Centres, or any other relevant official register.

For post-compulsory secondary education, the institution must be registered in the State Register of Non-University Educational Centres or any other official register.

Main changes in the new regulations

One of the most notable changes is the exclusion of research and non-labour internships from the scope of student residence permits. From May 2025, these activities must be processed under Law 14/2013, which supports entrepreneurs and internationalisation.

On the other hand, one of the most positive and innovative changes in the field of student residence permits is the introduction of the hybrid model for higher education, post-compulsory secondary education, and training activities. This model will be valid as long as at least 50% of the programme is delivered in person. In the case of university studies, this minimum percentage is not required, but the hybrid model must comply with the curriculum and current university regulations.

New facilities for proving financial means

Regarding the requirements that applicants for a higher education residence permit (a permit which also automatically authorises the holder to work) must meet, a notable development is the option to demonstrate financial means through an employment contract or a firm job offer. This option was already outlined in Instruction SEM 1/2023, which introduced significant changes to student residence permits in Spain, allowing holders to work. This provision has been maintained in the new regulations.

It is important to note that this option applies exclusively to those undertaking higher education studies, as they are permitted to work. In these cases, the work activity must be compatible with the studies, meaning the working hours cannot exceed the maximum limit of 30 hours per week, except in intensive vocational training programmes.

Changes in the application procedure

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

Another new feature is that family members accompanying students will also be able to apply for a residence permit from within Spain, a possibility that was previously unavailable to them. As for applications submitted from within Spain, these remain limited to:

• Students enrolled in higher education.
• Those undertaking training leading to technical aptitude certification or professional qualification according to the relevant authority’s resolution.
• Students in healthcare specialisation programmes.

For other types of studies, the residence permit must be processed through the Spanish consulate in the applicant’s country of residence. This process will include issuing the relevant student visa, and the procedure will remain the same as before.

This new regulatory framework reflects Spain’s commitment to modernising and simplifying immigration procedures, making it easier for international students to access educational programmes in the country, while establishing their rights and responsibilities.

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