The student visa and residence permit in Spain

The student residence permit is an stay authorization that allows you to study in Spain as a foreigner, being able to stay in Spain for a period of more than ninety days, to carry out or extend studies in an authorized teaching center in Spain, in a full-time program complete, leading to obtaining a degree or certificate of studies.

There are currently two ways or procedures to obtain this authorization; the first is the classic one that involves obtaining a visa and subsequent obtaining the student card, the second and more innovative, consists of a procedure -which can be processed electronically- that is carried out before the Immigration Office (Government Sub-delegation) While the student is in Spain, once the authorization is granted, the student card will be obtained.

A) PROCEDURE WITH VISA (OUTSIDE SPAIN)

1. Basic Regulations

• Council Directive 2004/114/CE, of December 13, 2004, regarding the admission requirements of third-country nationals for the purposes of studies, student exchange, unpaid internships or voluntary services.
• Organic Law 4/2000 of January 11 on the rights and freedoms of foreigners in Spain and their social integration (articles 25 bis. f, 30 and 33)
• Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011, of April 20 (articles 37 to 42).
  Fourth Instruction.2 of DGM Instructions 2/2018.

2. Requirements

• Not be a citizen of a State of the European Union, of the European Economic Area or of Switzerland, or a family member of citizens of these countries to whom the regime of citizens of the Union is applicable.
• Not being prohibited from entering Spain and not appearing as objectionable in the territorial space of countries with which Spain has signed an agreement to that effect.
• Have sufficient financial means to cover the expenses of stay and return to their country and, where appropriate, those of their relatives, in accordance with the following amounts:

– For their support, monthly, 100% of the IPREM, unless it is duly accredited to have paid for the accommodation in advance for the entire duration of the stay.
– For the support of their relatives, monthly, 75% of the IPREM for the first relative and 50% of the IPREM for each of the remaining persons, unless it is duly accredited to have paid for the accommodation in advance for all the time it will take. last the stay.

• Have public or private health insurance arranged with an insurance entity authorized to operate in Spain.
• In the case of minor students who are not accompanied by their parents or guardians, authorization from the latter, with proof of the center, organization, entity and body responsible for the activity and the period of stay planned.
• Having been admitted to an authorized teaching center in Spain, to carry out a full-time program, leading to obtaining a degree or certificate of studies. In the event that the duration of the stay exceeds six months, will also require:

– In the case of adults of criminal age, lack of criminal records in Spain and in their previous countries of residence during the last five years for existing crimes in the Spanish legal system.
– Not suffer from any of the diseases that may have serious public health repercussions in accordance with the provisions of the International Health Regulations of 2005.

3. Required documentation

• National visa application form, in official model, in duplicate, duly completed and signed by the foreigner or his legal representative in case of being a minor.
• Complete and valid passport or travel document, recognized as valid in Spain, with a minimum validity of the period for which the stay is requested.
• Documentation accrediting having the financial means necessary for the period requested and for the return to the country of origin.
• In the case of underage students, authorization from parents or guardians stating the center, organization, entity and body responsible for the activity and the period of stay planned.
• Documentation proving that you have health insurance.
• Documentation accrediting being admitted to a teaching center.
• If the duration of the stay exceeds six months:
  – Medical certificate.
  – If you are of legal legal age, a criminal record certificate issued by the authorities of the country of origin or the country in which you have resided for the last five years.

Important note: when documents from other countries are provided, they must be translated into Spanish or the co-official language of the territory where the application is submitted. On the other hand, all foreign public documents must be previously legalized by the Consular Office of Spain with jurisdiction in the country in which said document was issued or, where appropriate, by the Ministry of Foreign Affairs and Cooperation except in the case in which said document has been apostilled by the competent Authority of the issuing country according to the Hague Convention of October 5, 1961 and unless said document is exempt from legalization by virtue of the International Agreement. For more information on the translation and legalization of documents, you can consult the information sheet.

4. Procedure

• Person entitled to submit the student visa application: the student, personally. If you are a minor, your parents, guardians or duly accredited representative, personally.
• Place of presentation: Spanish diplomatic mission or consular office in whose demarcation the foreigner resides.
  Visa issuance fee: to be paid at the time of applying for the visa.
• Term for resolution and issuance of the visa: the maximum term to notify the resolution is one month from the day following the date of presentation of the application at the competent consular office for its processing. Once said period has elapsed without the Administration having given an express response, it may be understood that the application has been rejected due to administrative silence.
• The visa granted must be collected within two months from the notification. If the collection is not carried out within the aforementioned period, it will be understood that the interested party has renounced the visa granted and the procedure will be archived.
• The duration of the stay granted will be equal to that of the studies to be carried out, with a maximum limit of one year.
• In the event that the stay for studies lasts more than six months, the foreigner must personally request the foreigner identity card within one month of entering Spain, at the Immigration Office or Police Station of the province where the authorization has been processed. To see where to go, the schedule and if you have to make an appointment, you can consult https://www.mptfp.gob.es/portal/delegaciones_gobierno/extranjeria/extranjeria_ddgg.htm
• The applicant will show his passport or travel title at the time of the fingerprint process and will provide:
  Foreigner card application, official model (EX-17) available at http://extranjeros.inclusion.gob.es/es/ModelosSolicitudes/index.html
• Proof of payment of the card fee..
• A recent color photograph, on a white background, passport size.
• The student can come accompanied by their relatives, and can also be authorized to carry out lucrative activities for someone else’s account or for their own account, provided that the activity is compatible with the completion of the studies, and the income obtained does not have the nature of a necessary resource. for their livelihood or stay.

5. Family members

• The spouse, common-law partner, children under the age of eighteen or who have a disability and are not objectively capable of providing for their own needs due to their state of health, can obtain authorization to legally enter and remain in Spain together with the student. during the duration of your studies.
• Subject entitled to submit the visa application: the student’s family member personally.
• Place of presentation: Spanish diplomatic mission or consular office in whose demarcation the family member of the foreign student resides.
• Time to apply for the family member’s visa: it may be applied for simultaneously with the student’s study visa, or at any later time within the validity period of the authorization to stay for studies.
• In order to grant it, it must be proven that the foreigner has sufficient economic means to support the family unit, the family or kinship bond and, in the case of children over eighteen years of age, documentation proving that they are not objectively capable.
• The authorization of the relatives will be linked to that of the student, and they may remain in Spanish territory for the same period and in the same situation as the student.
• If the relatives stay for more than six months, they must obtain a foreign identity card.
• The student’s relatives may not obtain, in any case, authorization to carry out lucrative activities.

B) PROCEDURE WHILE IN SPAIN

The application for the student residence permit may be submitted by the foreigner, personally, through representation or through the telematic means enabled for it, in the official form, in the Delegation or Sub-delegation of the Government (Immigration Office) in the province in the one in which the activity is going to start as long as they are regularly in Spanish territory and submit the application at least one month before the expiration date of their situation. In these cases, the Government Delegation or Sub-delegation will be in charge of assessing the documents that accompany the application and of resolving and notifying the interested party of the meaning of the resolution within a maximum period of one month.

1. Requirements

The foreigner must be regularly in Spanish territory, this requires that the national of the third country must be the holder of:

• a valid permit or
• of a long-stay visa or,
• in those cases where you have neither a valid authorization nor a long-term visa, you are legally in the territory, for example, with a tourist visa or, in those cases where you are a national of a third country that is not subject to the requirement of an entry visa – as established in EU Regulation 1.806/2018, of November 14 – that their stay does not exceed 90 days within any period of 180 days, which implies taking into account the period of 180 days preceding each day of stay.

2. Documents

• Application form.
• Complete and valid passport or travel document, recognized as valid in Spain, with a minimum validity of the period for which the stay is requested.
• Documentation accrediting having the financial means necessary for the period requested and for the return to the country of origin.
• In the case of underage students, authorization from parents or guardians stating the center, organization, entity and body responsible for the activity and the period of stay planned.
• Documentation proving that you have health insurance.
• Documentation accrediting being admitted to a teaching center.
• If the duration of the stay exceeds six months:
  – Medical certificate.
  – If he is of criminal age, criminal record certificate issued by the authorities of the country of origin or the country in which he has resided for the last five years.
• Have paid the processing fee

3. Place, form of presentation and term

The application will be submitted to the Government Delegation or Sub-delegation in the province in which the studies will begin. In the case of electronic submission, the application will be addressed to the Government Delegation or Sub-delegation in said province which, in any case, will be competent to process, resolve and notify within a period of one month.

The meaning of silence, in these cases, is negative in accordance with the thirteenth additional provision of the Immigration Regulations.

If the application is submitted by electronic means, the processing and notification will be carried out by electronic means, unless the applicant expressly communicates his wish to be notified on paper.