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On 20 November 2024, the Spanish Official State Gazette (BOE) published the new Immigration Regulations (Royal Decree 1155/2024), giving rise to questions and expectations regarding the amendments introduced. Although the Royal Decree covers a wide range of matters, this article focuses on the most significant changes affecting individuals who are studying or planning to study in Spain.
Since 20 May 2025, Royal Decree 1155/2024 has governed long-term study stay authorisations in Spain. Among the key changes are a clearer definition of the types of studies that qualify, certain amendments relating to hybrid learning, new rules for applying for authorisation from within Spain, regulations concerning family members, and the possibility of working in specific circumstances.
These changes affect both foreign students who already hold a study stay authorisation and those wishing to apply under the new regulatory framework.
In particular, we examine the requirements for studying in Spain as a foreign national, the opportunities to work while undertaking studies, the application procedure, and the conditions applicable to accompanying family members.
Who can apply for a student residence permit?
The new Regulations provide that foreign nationals wishing to undertake academic activities lasting more than 90 days may apply for a study stay authorisation in Spain, provided that the educational institution chosen is officially recognised in Spain and duly registered in the corresponding official register.
Academic activities include:
- Higher education studies (such as bachelor’s degrees, master’s degrees, or university-specific qualifications).
- Post-compulsory secondary education authorised in the relevant country.
- Exchange programmes organised by educational institutions recognised in Spain.
- Volunteer programmes forming part of initiatives of general interest and carried out on a non-profit basis.
- Training activities (such as language courses or programmes leading to a professional qualification in Spain).
All studies must be undertaken on a full-time basis and provided by official educational institutions that are recognised and registered with the relevant authorities.
How can you check whether an educational institution is recognised in Spain?
Before applying for a study stay authorisation, it is important to verify that both the educational institution and the programme meet the requirements set out under Spanish immigration legislation.
For higher education studies, the educational institution must be registered in the Register of Higher Education Institutions and Centres (Registro de Instituciones y Centros de Enseñanza Superior).
This can be verified through the following official registers:
- The Register of Universities, Centres and Degrees (RUCT).
- The State Register of Non-University Educational Institutions.
- The Register of Higher Education Institutions and Centres.
- Any other official register in which the institution is required to be registered.
As regards post-compulsory secondary education, the educational institution must be registered in the State Register of Non-University Educational Institutions or in another relevant official register.
The registration or official recognition required will depend on the type of studies and the institution where they are to be undertaken. Therefore, it is not sufficient simply to verify that an institution offers educational programmes. It is also necessary to ensure that the specific programme meets the requirements established under the Immigration Regulations.
Key changes introduced by the new immigration regulations for international students
One of the most significant aspects of Royal Decree 1155/2024 is the clarification of the activities that may be undertaken under a study stay authorisation.
Changes to stay authorisations for research activities and non-employment internships
One of the most notable changes is the exclusion of research activities and certain non-employment internships from the scope of study stay authorisations.
As of May 2025, these activities are subject, where applicable, to other immigration routes provided for under Spanish immigration legislation and must be processed in accordance with Law 14/2013, which was enacted to support entrepreneurs and internationalisation.
Hybrid study programmes
Another of the most positive and innovative changes to the study stay regime is the recognition of hybrid learning programmes for higher education studies, post-compulsory secondary education and training activities.
This format will be accepted provided that at least 50% of the programme is delivered in person.
In the case of university studies, this minimum percentage does not apply. However, the hybrid format must comply with the requirements set out in the relevant curriculum and with the applicable university regulations.
As a result, the new legislation does not treat fully online studies in the same way as hybrid programmes. In order to determine whether a programme qualifies for a study stay authorisation, it is necessary to assess the type of training involved, the required level of in-person attendance, and the specific characteristics of the programme.
New flexibility in demonstrating financial means
Another significant change concerns the evidence required to demonstrate sufficient financial means during the period of stay in Spain.
For individuals seeking to obtain a study stay authorisation for higher education studies, one particularly important development is the possibility of proving sufficient financial means through an employment contract or a firm job offer.
This option had already been introduced by Instruction SEM 1/2023, which brought about significant changes to study stay authorisations in Spain by allowing holders to engage in employment. This provision has been retained under the new Regulations.
The possibility of relying on employment income to demonstrate sufficient financial means is linked to those situations in which the study stay authorisation permits the holder to carry out a work-related activity.
Can you work in Spain with a study stay authorisation?
Yes. In certain circumstances, a study stay authorisation allows the holder to work in Spain either as an employee or on a self-employed basis.
It is important to note that this possibility applies to individuals holding a study stay authorisation for higher education studies.
In such cases, the work activity must be compatible with the studies being undertaken. This means that the student may not exceed the maximum limit of 30 working hours per week, in accordance with Article 57.2 of Royal Decree 1155/2024, except in the case of intensive vocational training programmes.
Upon completion of their studies, international students may explore other immigration options in order to continue their professional career in Spain. In this regard, it is advisable to review the different pathways available for working in Spain after completing higher education studies.
Likewise, companies seeking to recruit international talent should be aware of the specific legal considerations involved in employing a foreign student in Spain.
How can you apply for a study authorisation from within Spain from 2025?
The new Regulations also amend the timeframe for submitting applications from within Spain.
Deadline for applying for a study stay authorisation from Spain
Since May 2025, students must submit their application at least two months before the expiry of their lawful immigration status in Spain. This reduces the previous timeframe, under which individuals entering Spain as tourists could submit their application up to one month before the end of the 90-day permitted stay within the Schengen Area.
Options for family members of students
Another important change is that family members accompanying students may also apply for a stay authorisation from within Spain, provided that they meet the applicable requirements. This possibility was not previously available to them.
Applications submitted from within Spain remain limited to:
- Students undertaking higher education studies.
- Individuals enrolled in training programmes leading to a technical competence certificate or professional qualification, in accordance with a resolution issued by the competent authority.
- Students participating in specialised healthcare training programmes.
For all other types of studies, the authorisation must be applied for through the relevant Spanish Consulate in the applicant’s country of residence. This process includes obtaining the corresponding study visa and largely remains unchanged from the previous procedure.
Therefore, before submitting an application, it is advisable to verify three key points: that the programme is eligible under Article 52 of the Regulations, that the educational institution appears in the relevant official register, and that the application is submitted within the applicable deadline.
The situation may also change once the studies have been completed. Depending on each individual’s circumstances, there may be different routes available to obtain a residence authorisation that allows employment in Spain.
Legal advice on study stay authorisations in Spain
At AGM Abogados, our immigration lawyers specialising in students and business schools have extensive experience advising international students, universities and leading business schools across Spain. If you have any questions regarding your particular circumstances, please do not hesitate to contact us for tailored advice.
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