SEM Instruction 3/2025, published by the Ministry of Inclusion, Social Security and Migration, is a fundamental step in the practical application of the new Royal Decree 1155/2024, which regulates the immigration regime in Spain.
In this article I analyze its main novelties, what they imply for foreign students and what is my professional assessment.
1. What does this instruction regulate?
SEM Instruction 3/2025 clarifies how to process long-term stay authorizations for studies, student mobility, volunteer services or training activities.
Among other aspects, it specifies the requirements, duration, accreditation of the activity, extensions, incorporation of family members and transitional regime for authorizations granted under the previous regulations.
2. Highlights and key aspects
a) Recognition of language courses as higher education studies
It is considered that certain face-to-face language courses, taught in recognized higher education institutions, can be understood as “higher education” for authorization purposes, provided that the language is neither the mother tongue nor the official language of the applicant’s country.
This assumption broadens the access possibilities for many people and provides greater flexibility.
b) Flexibility in the payment of tuition or enrollment fees
The instruction clarifies that the payment of registration or enrollment fees is considered fulfilled even if it is fractioned, exempted or by agreement, as long as it is accredited. A responsible declaration is also admitted when the deadlines coincide poorly with the administrative procedure.
c) Length of stay
The option is offered for the authorization to coincide exactly with the actual duration of the studies or training activity, without the obligation to add one month before and fifteen days after.
d) Extensions and background checks
When the initial authorization is less than six months and, with the extension, the total exceeds this period, the absence of a criminal record in the countries of residence for the last five years is required. In addition, the corresponding fee must be paid.
e) Incorporation of family members
The instruction allows the student’s family members (when applicable) to process their authorization of stay simultaneously with the holder, both in Spain and via consular visa, provided that the holder obtains his or her authorization.
f) Transitional regime
Rules are established for those who had previous authorizations under Royal Decree 557/2011, including the possibility of adapting their situation to the new regulatory framework, and in certain cases of a one-time extension.
3. My assessment as an expert in foreigners’ affairs
I believe that SEM Instruction 3/2025 represents a significant and welcome advance in the field of foreigners and academic mobility in Spain.
Positive aspects
- It provides legal certainty by defining clear criteria that were previously dispersed.
- It facilitates international academic mobility by allowing new training activities and recognizing language courses under certain requirements.
- Provides real flexibility to the student (exact duration, more flexible tuition payment).
- It reinforces administrative consistency and reduces the risk of arbitrary decisions or disparity between territories.
Challenges and recommendations
- It will be essential that foreigners’ offices and educational centers comply with the required information and homologation; otherwise, blockages may occur.
- The requirement of background certificates and extension systems may introduce administrative burdens that delay procedures.
- Although the training opens doors, it does not eliminate the need to meet basic requirements (admission to an authorized center, financial means, insurance, etc.).
- It is important to ensure equality throughout Spain: the instruction is only effective if it is applied homogeneously in all provinces.
4. What does it mean for foreign students and for you as a professional?
For students:
- It is a good time to consider a stay in Spain, knowing that there is a clearer framework.
- They should check that their training program is included, that the institution is recognized and that they meet the requirements.
- If they were already in Spain with the old authorization, it is advisable to explore the adaptation to the new regime.
For consultants and lawyers:
- It is imperative to update our accompaniment protocols, informing students about these new requirements and opportunities.
- We must review family member applications, extensions and payment conditions or tuition justification with precision.
- Monitor possible different interpretations between offices and prepare allegations if necessary.
5. Conclusion
SEM Instruction 3/2025 is an important milestone in the field of academic foreigners in Spain. As an expert, she welcomed the move towards a more transparent system, adapted to the reality of international students and less rigid. However, its success will depend on its practical application in each office and on the ability of applicants to comply with the requirements.
With this instruction, Spain reaffirms its commitment as a destination for foreign students, balancing legal rigor and international academic welcome. I am convinced that, if properly applied, it will be an effective instrument for promoting talent, mobility and educational integration.
Diana Caballero
CEO – Founding Partner
Martínez & Caballero Abogados
