Spain's immigration law poses challenges for US university students

The Spanish university sector has raised alarms over new requirements in the recent Immigration Law, warning that thousands of US university students may face obstacles when attempting to study in Spain.

The visa application process for American students seeking to attend universities in Spain is at risk of descending into “enormous chaos” due to the revised regulations, according to officials in the Spanish university sector.

The changes, part of Spain’s newly enacted Foreigners Law, have complicated the visa processing system at Spanish consulates in the United States.

The modification in criteria for required documents from students intending to study in Spain for an academic year or exchange trimester has already resulted in numerous applications being stalled or denied. Reports from various Spanish media outlets indicate significant disruptions.

The Association of American University Programmes in Spain (Apune), which includes participation from both US universities and fifty public and private Spanish institutions, has formally requested a "reasonable moratorium" on the new visa requirements from Spain’s Ministries of Foreign Affairs, Justice, Education, and Inclusion, Social Security and Migration.

In statements to the Spanish news agency Efe, the association emphasized that the new regulations “would prevent the exclusion of thousands of future international students” and cautioned that this situation could lead to a decline of 30-50 percent in the number of American students enrolling next year.

Apune’s latest study reveals that over 20,000 visas are processed annually for American university students in Spain, contributing more than €600 million to the economy each year.

Spain’s new Immigration Law, effective May 20th, encompasses various measures, including a reduction in the duration required for obtaining a residence permit and alterations to job-seeking visas. Notably, it alters the deadlines for submitting academic reports, medical insurance, and proof of accommodation. According to Apune, the requirements are often vague and challenging to meet, particularly since many Spanish universities do not charge tuition fees until September, yet prior payment of enrollment fees is mandated.

The association also highlights inconsistencies in the interpretation of the guidelines by different consulates, exacerbated by complications introduced by the company managing the visa application process, which has reportedly rejected confirmed appointments due to insufficient documentation.

Nonetheless, a spokesperson for the Immigration Ministry contended that there is no record of visa refusals since the new requirements were implemented. “The introduction of any regulation, especially one as comprehensive as the Reloex, leads to various situations influenced by the regulations of third countries," the spokesperson noted. They added that the Secretary of State for Migration is developing draft instructions aimed at ensuring a uniform application of these authorizations.

According to these forthcoming instructions, if an applicant cannot meet the deadlines for payment and formalization of registration or enrollment due to the university's timeline, they may provide documentation affirming this situation alongside a commitment to pay the required fees. This provision will allow the competent authority to later verify compliance with the requirement.