The Ministry of Inclusion, Social Security, and Migration has published Instruction SEM 3/2025, a fundamental guide that clarifies and updates the procedures related to long-term student visa authorizations, mobility program participants, volunteers, or those engaged in training activities in Spain. This document, aligned with the Regulation approved by Royal Decree 1155/2024, the new 2025 Immigration Regulation, introduces advances that provide legal certainty, consistency in the application of the law, and a clear adaptation to the new regulatory framework.
Key Interpretative Clarifications on the New Student Visa Regulation in Spain
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Recognition of Language Courses as Higher Education Studies
One of the major novelties is the inclusion of in-person language studies at recognized higher education institutions as valid higher education studies for processing long-term stay authorizations. It specifies that the language studied must be different from the applicant’s native language or the official language of their country of origin. This measure promotes the internationalization of Spanish universities and expands opportunities for foreign students.
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Flexibility in the Payment of Enrollment Fees
The document clarifies that the requirement of having paid the enrollment fees or equivalent document will be considered fulfilled even if the payment is made in installments or is exempted by agreement, provided that this situation is properly evidenced. Additionally, if the payment deadlines set by the educational institution do not match the deadlines of the application procedure, it will be sufficient to present a commitment to pay the fees. This point facilitates applicants’ adaptation to Spanish bureaucracy and recognizes the diversity of academic programs in the application of student visa procedures.
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Optional Pre- and Post-Study Periods
Until now, Article 55.2 of the Regulation automatically granted one month prior and fifteen days after the official study period for settling in or completing procedures. The instruction clarifies that these periods are optional, allowing students to request an authorization that matches exactly the duration of their studies or activity, thereby avoiding unnecessary stay periods and enabling better planning during their study stay.
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Extensions and Criminal Record Checks
For those who need to extend their study stay, the instruction establishes the obligation to pay the corresponding fee. Additionally, when the initial authorization is for less than six months and the sum of the initial authorization and its extension exceeds six months, the applicant must demonstrate they have no criminal record in the countries where they have resided in the last five years. This requirement reinforces legal certainty and ensures proper control in the granting of extensions.
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Clear Procedure for Family Member Applications
The fifth instruction precisely details the procedure for applying for stay authorizations for family members of higher education students, allowing these applications to be processed together with the main applicant’s authorization, either within Spanish territory or at the consular office. It makes it clear that the family members’ authorization will always be subordinated to the granting of the main authorization, ensuring family unity and avoiding unnecessary travel. This greatly facilitates cases where the applicant has a family unit, such as a marriage with or without children, allowing an integrated joint application for the family directly in Spain.
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Transitional Regime to Adapt to the New Immigration Regulation
A transitional regime is established so that holders of authorizations granted under the previous Regulation (Royal Decree 557/2011) can update them to the new legal framework. This allows those with authorizations shorter than the total duration of their study program to apply for an authorization matching the remaining official duration. This advance provides stability and security to those already studying in Spain under the previous regulation.
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Final Extension for Studies Not Included in the New 2025 Immigration Regulation
The instruction also provides a special regime for students whose training activities are no longer included in the new 2025 Immigration Regulation. These students may request a single extension of their student visa, with a duration equal to the course or activity they are enrolled in, up to a maximum of one year. This extension will be considered an initial long-term stay authorization, but it cannot be renewed beyond this period.
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Conversion from Student Visa to Residence and Work Permit
Finally, one of the most important points that can change the lives of many foreign students is the possibility of converting the study stay authorization into a residence and work authorization without the need to apply for a new student visa, provided the applicant has obtained the corresponding degree or certificate. This opens a key door to the labor integration of foreign students in Spain, recognizing their education and contribution to the country’s workforce.
Conclusion
With these instructions, the Secretary of State for Migration seeks to provide greater clarity, agility, and legal certainty in the procedures related to student visa authorizations and training activities, thus ensuring consistent treatment throughout Spain and a better adaptation of the regulations to the real needs of international students. This set of measures makes Spain a more attractive country for studying, training, and building a professional future.
Do you need help processing your stay authorization? At Guilherme Cesar Immigration Lawyer, we have a team specialized in Immigration Law, ready to assist you at every step of your application or extension. The new immigration regulation introduces important modifications, limitations, and requirements that can lead to doubts or mistakes affecting your stay in Spain. Therefore, it is essential to have an expert professional who knows the law in detail and ensures your process is carried out successfully and with legal certainty.
Contact us and leave your process in the hands of specialists!