Spain's new migration law could block entry for thousands of US students

The application process for American students wanting to study at universities in Spain risks being plunged into “enormous chaos” due to new requirements, according to warnings from the Spanish university sector.

The visa processing system at Spanish consulates in the US has been complicated as a result of modified regulations included in Spain’s new Foreigners Law.

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The change in criteria for documents to be submitted by students from the United States who want to come to Spain for an academic year or exchange trimester, as well as the deadlines for submitting medical reports and health insurance documents, has already led to dozens of applications being frozen or denied, according to various reports in the Spanish press.

The Association of American University Programmes in Spain (Apune), in which both US universities and fifty public and private Spanish universities participate, has this week sent a letter to Spain’s Ministries of Foreign Affairs, Justice, Education and Inclusion, Social Security and Migration to request "a reasonable moratorium to apply the new requirements" for obtaining a student visa.

In statements to Spanish news agency Efe, the association pointed out that the new regulations “would prevent the exclusion of thousands of future international students as the situation is critical” and “could lead to a drop of between 30-50 percent in the number of American students next year.”

The latest study by Apune showed that each year more than 20,000 visas are processed for American university students in Spain, the economic impact of which generates more than €600 million per year.

Spain’s new Immigration Law came into force on May 20th and, among many other measures including a reduction in length of stay before getting a residence permit and changes to job-seeking visas, changed the deadlines for submitting academic reports, medical insurance and proof of accommodation. According to APUNE, the requirements are ambiguous and, in many cases, difficult to comply with as prior payment of enrolment fees is required but many Spanish universities do not charge tuition fees until September.

The group also points to different interpretations of the guidelines by different consulates, and warn that the company contracted to manage the visa application process adds further confusion to the situation as it has already rejected confirmed appointments due to lack of documentation.

However, a spokesperson for the Immigration Ministry stated that there is no record of visa refusals in the short timeframe since the new requirements came into force: “The implementation of any regulation, and especially of the scope of the Reloex, generates a multitude of different situations in which the regulations of third countries come into play. For this reason, the Secretary of State for Migration is working on draft instructions for the uniform application of this type of authorisation.”

A spokesperson says that in the instructions, “it will be established that when the deadline for payment and formalisation of the registration, enrolment or equivalent document established by the institution, centre or entity cannot be adjusted to the deadlines of the application procedure, a document accrediting this situation and the commitment to pay the registration or enrolment fees may be provided.

This is without prejudice to the competent body subsequently verifying that the applicant has complied with the requirement by means of payment and formalisation of the registration, enrolment or equivalent document.”