Migraciones aprueba nuevas instrucciones para clarificar las autorizaciones de estancia por estudios previstas en el nuevo Reglamento

The Ministry of Inclusion, Social Security and Migration, through the State Secretariat for Migration, has published eight instructions on long-term stay authorizations for studies, student mobility, voluntary services or training activities provided for in the new Regulation on Foreigners (RLOEX), in force since 20 May.

The instructions, which the immigration offices already have for their application, have been issued in the interests of ensuring a uniform understanding and application of this figure and granting the greatest legal certainty to the persons requesting this authorization.

In the same vein of attracting talent, last week EduBridge to Spain was presented, a fast track to access the Spanish university system aimed at foreign students affected by the recent immigration restrictions imposed in the United States and approved today by the Council of Ministers.

Authorisations granted under the previous Regulation

In the cases of the authorizations in force granted on the basis of the previous Regulation on Foreigners, students may request the extensions provided for in the new law, regardless of those they have previously requested and provided that the authorization has a place within the RLOEX.

If the situation does not fit in any of the assumptions of the new regulations, the student may request a single extension for the duration of what remains for the completion of his studies, with the limit of such extension in one year.

On the other hand, a transitional regime is established for people who are finishing their training and who, with the previous regulation, would have been able to opt for a residence and work authorization.

New developments in the accreditation of enrollment

Directive (EU) 2016/801 establishes as one of the requirements for the authorisation of long-term stay for studies that the person has paid the tuition fees for his studies. As sometimes the tuition fee must be paid at a date very close to the beginning of the studies, there was a collision with the deadlines established in the procedure or in those cases in which the payment is made in a center of origin.

This procedure may be met with a responsible declaration, when the deadlines cannot be met as long as this situation is proven. El órgano competente podrá verificar, posteriormente, que la persona titular ha efectuado el pago.

Stays of less than six months

The authorization for stays of less than six months grants the foreign person one month prior to the duration of his studies or activities and an additional half month after the completion of these, with the aim of facilitating the initial installation in our country and avoiding the abrupt termination of such stay.

However, to facilitate the stay in Spain of those students who for stays less than 6 months, may request that they are not taken into account that time. That is, they will be able to obtain authorization for the duration of the studies or training without counting that month and a half, since exceeding the stay of six months implies other requirements, such as the provision of criminal records.

The eight new instructions also resolve the inclusion of language studies taught by universities as higher studies and the simultaneous granting of authorizations of the holder and the family member, whether requested from Spain or before the consular office.

The Secretary of State for Migration, Pilar Cancela, highlighted the “numerous improvements” incorporated in the new regulation on foreigners for the authorization of stay for studies, which in turn tries to transpose Directive (EU) 2016/801 more clearly, “bringing greater legal certainty to the figure”, and also added that these instructions try to “clarify some issues arising with the entry into force of the RLOEX”.

‘Fast track’ to continue or start studies in Spain

As part of the government’s strategy to strengthen Spain’s potential as a recipient of international talent, the Council of Ministers has approved EduBridge to Spain, a fast-track access to the Spanish university system aimed at foreign students affected by the recent immigration restrictions imposed in the United States.

The plan, defined as an academic fast track, contemplates agile itineraries for international students in different educational stages: Baccalaureate or previous courses that will pass to the University; students who are in the middle of the degree (with one or more courses already completed); and people who have finished the degree and who want to do a master’s degree in a university.

For all cases, both university and non-university studies, the procedure would consist of obtaining the registration in the centre; the application for the authorization of stay for studies -allows both the residence and the compatibility of working part-time with the studies, for a period of more than 90 days, and can be processed through the consular network-; the obtaining of the visa; the transfer to Spain; and, finally, where appropriate, the obtaining of the TIE.

The consular offices of Spain in the United States will expedite the procedures aimed at resolving visas, and the delegations and subdelegations of Government, in the case of students, and the Unit of Large Companies and Strategic Groups (UGE), in the case of teachers and researchers, will do the same with the processing of the corresponding authorizations. In addition, police stations will facilitate requests for issuance of foreign identity cards (TIE) from students, teachers and investigators.

Once the measure is approved by the Council of Ministers, the Executive will launch an international information and orientation campaign aimed at interested students, which will be articulated mainly through embassies and consulates, as well as the Ministry of Education in the United States and the different public universities with agreements with American universities. The objective is to channel the interest in an orderly manner, offer legal certainty and accompany young people from the beginning of their transfer process.