Find out if you can apply for a residence or student permit in Spain after entering as a tourist under the new 2025 Immigration Regulation. Full guide by Visal Immigration Lawyers.

Since May 20, 2025, important changes have taken effect in Spain's immigration system under the new Regulation approved by Royal Decree 1155/2024. Many foreigners who enter Spain as tourists wonder whether they can later apply for a residence or student permit without leaving the country. In this article, we explain how the new regulation impacts this possibility, which options exist, and how to take advantage of them legally and effectively.

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What Has Changed with the New Immigration Regulation?

Royal Decree 1155/2024 introduces substantial updates to Spain’s immigration procedures. Key changes include:

• Shorter residence requirement for social and labour roots (arraigo): reduced from three years to just two years of continuous stay in Spain.

• New "second opportunity" roots permit: for people who lost their previous residence permit and have remained in Spain for at least two years since.

• More flexible family reunification: now possible for children up to 26 years old, and with the option to apply from Spain.

• Changes to student stays: students are now allowed to work up to 30 hours per week and complete up to 50% of their course online.

These changes aim to modernize Spain’s immigration framework and reflect today’s social and professional mobility realities.

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Can I Apply for a Residence or Student Permit If I Enter Spain as a Tourist?

Yes, but only under certain conditions.

Residence Permit (Arraigo):
If you enter Spain as a tourist and remain continuously in the country for at least two years, you may be eligible for a residence permit under arraigo social or arraigo laboral, as long as you meet the required conditions.

Student Permit:
It is possible to apply for a study permit from within Spain as long as you are still in a legal situation (i.e., your tourist stay has not expired). Applications must be submitted at least two months before the start of your academic program.

Generally, Spanish law does not allow converting a short-term tourist stay into a residence permit without leaving the country, except in very specific cases like the above.

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Requirements to Apply for a Student Permit from Within Spain

If you plan to apply for a student permit after entering as a tourist, you must meet the following conditions:

• Legal status in Spain: You must still be within the allowed tourist stay period (usually 90 days for non-EU citizens).

• Apply in advance: At least two months before your course starts.

• Enrollment: You must be officially accepted into a full-time course at a recognized institution in Spain.

• Proof of financial means: Show you have enough funds to support yourself during your stay.

• Health insurance: You must have full private medical insurance valid in Spain.

Thanks to the 2025 reform, students can now work up to 30 hours per week and attend classes online for up to 50% of their course — offering much more flexibility.

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How to Submit the Application

For Arraigo (social or labour roots):

1. Register your address: Make sure you are registered (empadronado) at your local town hall — it helps prove your length of stay.

2. Gather supporting documents: These include work history, proof of integration, housing, and social connections in Spain.

3. Submit the application: Present it at the Immigration Office in your province.

For Student Permits:

1. Get accepted into your school or university.

2. Gather documents: Including your passport, financial documents, health insurance, and proof of acceptance.

3. File your application: Either at the Immigration Office or through an authorized online platform (where available).

We highly recommend that you prepare your case early and seek legal advice to avoid costly mistakes or delays.

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Practical Tips from Visal Immigration Lawyers

• Plan ahead: Don’t enter as a tourist without a plan if your real goal is to stay long-term.

• Keep documentation up to date: From your passport to bank statements and school letters — every detail counts.

• Get expert help: Immigration law is complex and evolves frequently. A lawyer can ensure your application meets all formalities.

• Respect deadlines: Especially for study permits. Apply before your tourist status expires.

• Monitor legal updates: Laws change. What wasn’t possible before, might now be allowed under the 2025 regulation.

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FAQs – Frequently Asked Questions

1. Can I apply for a residence permit based on roots if I entered as a tourist?
Yes. If you’ve stayed in Spain continuously for at least two years, you may be eligible for social or labour roots, depending on your situation. You’ll need to prove it with documents like empadronamiento and work history.

2. Can I apply for a student permit from within Spain without leaving the country?
Yes — if your tourist status is still valid and you apply before it expires. Make sure you meet all academic and financial requirements.

3. Can students work with their permit in 2025?
Yes. The new regulation allows international students to work up to 30 hours per week, as long as their job is compatible with their studies.

4. Can I reunite with my adult children in Spain?
Yes. Under the new law, children up to 26 years old can be reunited if they depend on you financially and live with you.

5. What if my application is rejected?
You have the right to appeal. You can file an administrative appeal or take your case to court. A specialized lawyer can help assess the best course of action.

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Need Help Applying for Residency or a Study Permit in Spain?

At Visal Immigration Lawyers, we specialize in Spanish immigration law and have helped hundreds of clients successfully settle or study in Spain. Whether you're just arriving or looking to switch to a long-term status, we can guide you through the entire process.

???? Call us today at +34 618 702 253
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Internal links for further reading

1. Arraigo social 2025 : visalimmigration.com/go/arraigo2025
2. Sueldo mínimo para nómada digital: visalimmigration.com/go/nomada-sueldo
3. Reagrupación de hijos en 2025 : visalimmigration.com/go/hijos2025

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Conclusion

Spain’s updated immigration framework in 2025 creates new paths for tourists to legally remain in the country — whether for work, study, or family reasons. But success depends on acting at the right time, preparing the right documents, and understanding the law. At Visal Immigration Lawyers, we’re here to make sure your immigration journey begins on solid ground.