Greetings, readers! If you are currently enrolled in language studies in Spanish or a co-official language in Spain —or are thinking of doing so— and you are considering working during your studies or afterwards (for example, as a language assistant), this guide will summarise in practical terms what you could do before and what you can do now after the new Immigration Regulation (Royal Decree 1155/2024), further clarified by the SEM 3/2025 instructions, which have addressed key points for international students.

1) THOSE WHO CAME UNDER THE PRE-REFORM AUTHORISATION AND ARE STILL WITHIN TIME: CAN YOU WORK NOW? UNTIL WHEN? HOW?

A) Transitional scheme: finishing what you started and, where applicable, renewing

The SEM 3/2025 Instructions build a bridge for those who obtained a stay for studies, mobility, internships or volunteering under the old Regulation (RD 557/2011). If the training activity fits within the new RLOEX 2024, the applicant may request the renewals provided for in Article 55 of the new regulation without deducting those already used under the previous rules, provided the requirements of Article 55 itself are met. Conversely, where the activity does not fit the new framework —or the applicant does not meet the minimum age required— a single renewal is allowed for the duration of the course or activity, up to a limit of one year. That renewal is reclassified as an initial authorisation for pupil mobility (Art. 52.1.c) and does not admit further renewals. Article 55 also governs duration and deadlines. As a general rule, the duration of the stay coincides with that of the study or activity (capped at one year), except for higher education (Art. 52.1.a), where the authorisation covers the official duration of the programme, with the option of renewal where appropriate. Renewals may be requested in the two months prior to expiry and also within the three months thereafter, with the effects of the authorisation maintained while the application is decided —although filing late may lead to the opening of penalty proceedings. As for the number of renewals, letters a) and b) (higher education and post-compulsory secondary) allow up to two per authorisation; letters d) and e) (volunteering and training activities) allow only one per authorisation. To the above we can add the 30 days prior and 15 days thereafter that Art. 55.2 adds to “settle in and wrap up formalities”.

B) How to move into residence and work: the direct route to being employed “as such”

Anyone who has finished —or is about to finish— their studies and wishes to work (for example, as a language assistant under an employment relationship) may rely on Article 190 of the new RLOEX to modify their stay to residence and work without a visa, provided they can evidence the qualification or certificate and meet the remaining requirements. The time window is fixed: the application may be submitted in the two months prior or the three months following the end of the stay or the award of the degree/certificate. If the option is employment as an employee, Article 74 applies with a crucial exception: the national employment situation test is not required (Art. 74.1.a). The application may be submitted by the employer or by the foreign national, although the fee is payable by the employer. From the moment the file is admitted for processing, the stay provisionally becomes residence and work, which entitles the person to work full-time while the application is decided. The authorisation granted has a duration of one year and is understood to be renewable according to the type; its effectiveness is conditional upon registration with the Social Security system. The SEM 3/2025 instructions expressly confirm that those coming from a stay for studies/internships under RD 557/2011 may access residence and work without a visa under Art. 190, subject to its requirements. And what about the language assistant? This fits under this route when there is an employment relationship (a contract or offer meeting the conditions and collective agreement requirements under Art. 74). In addition, when proceeding via Art. 190, it is not necessary to evidence the “situación nacional de empleo” (“SNE” — the labour market test), which usually removes the biggest practical obstacle.

C) Working while you continue studying under the new framework

For files already aligned with the new RLOEX —either because the renewal was granted under the new text or because there has been a “realignment” pursuant to the SEM 3— Article 57 applies. In higher education (Art. 52.1.a), the stay authorisation automatically entitles you to work as an employee and self-employed, without any additional procedure, provided that the job is compatible with the training. The general limit is 30 hours per week and the geographical scope is restricted to the Autonomous Community of grant, with exceptions for bordering localities. The work authorisation is renewed ex officio when the stay is renewed. In the other cases of stay (for example, training activities other than 52.1.a), working is also possible, but via a specific authorisation subject to the requirements of Art. 74, with relevant exceptions introduced by Art. 57: the SNE in Art. 74.1.a is not required, the second paragraph of Art. 74.1.c (regarding full-time annual minimum remuneration) and Art. 74.1.h are excepted; in all cases, the job must remain compatible with the studies.

2) THOSE WHO ARE ALREADY RESIDENT UNDER THE NEW REGULATION. HOW TO WORK DURING AND AFTER?

A) Do your language studies count as “higher education”?

The SEM 3/2025 Instructions resolve the most important question: they are considered “higher education” when they are face-to-face courses delivered by recognised higher education institutions or centres. In addition, the language(s) in which you enrol must be different from your mother tongue and from the official language in your country of nationality. This classification is not minor, because if your language programme falls under Art. 52.1.a, your stay authorisation automatically entitles you to work under Art. 57 (final paragraph), provided compatibility with the training exists. The general limit of 30 hours per week and the geographical restriction to the Autonomous Community of grant, with exceptions for bordering localities, are maintained. The work authorisation is renewed ex officio when the stay is renewed.

B) Access to employment during studies — what are the practical requirements?

For higher education (52.1.a), you do not need to complete any additional procedure to work: it is sufficient to comply with compatibility and respect the 30-hour weekly cap (save for the intensive Vocational Training cases provided for). In the remaining stays —for example, training activities under Art. 52.1.e— a work authorisation must be requested in accordance with Art. 74, but with the exceptions introduced by Art. 57 that make access more flexible. Chiefly, the national employment situation test in Art. 74.1.a is not required, and both the second paragraph of Art. 74.1.c (full-time annual minimum remuneration) and letter 74.1.h are excepted. In all cases, the job must continue to be compatible with the studies. The validity of the work authorisation is linked to your stay and is automatically renewed with it; if you are registered with Social Security, that registration may cover the health insurance requirement during the period worked. In the specific case of the language assistant during studies, if your language programme is “higher education” (52.1.a), you may work directly as an Auxiliar provided the employing centre formalises the employment relationship and the post is compatible (it normally is, as it is hourly), respecting the 30-hour per week limit and the applicable collective agreement. If your programme does not fall under 52.1.a, you will need the work authorisation provided for in Art. 57, with the exemptions mentioned above.

C) Renewals under the new RLOEX — how to plan the timetable?

Renewals may be requested from two months before the expiry of the stay and up to three months afterwards, with the authorisation remaining valid while the file is decided (although late filing may lead to penalty proceedings). The duration granted coincides with that of the course or activity, with a cap of one year, except in 52.1.a (higher education), where the authorisation may cover the full official duration of the programme. As for the maximum number of renewals, letters a) and b) allow up to two per authorisation, while letters d) and e) allow a single renewal per authorisation. It is worth remembering that the extra month prior and the 15 days thereafter added by Art. 55.2 to facilitate arrival and departure are optional; you may waive that margin if you do not wish to extend the period.

D) And after finishing your studies? How to convert to residence and work

If you have completed your studies and wish to continue working —for example, as a language assistant—, the ordinary route is Art. 190, under which you may apply to modify to residence and work without a visa in the two months prior or three months after your stay ends or the degree or certificate is awarded. The national employment situation test is not required for this conversion; the application may be filed by your employer or by you (the fee is payable by the employer). From admission for processing, you are provisionally entitled to work full-time; the initial authorisation is valid for one year and is understood to be renewable under the applicable regime, with effectiveness conditional upon registration with Social Security. Your family members who were on a stay under Art. 56 may move to residence through family reunification, provided you can evidence sufficient financial means and suitable housing.

In practice, the language assistant after completion is arranged as employment under Art. 190, with an offer or contract that meets the requirements of Art. 74 (collective agreement conditions, employer’s means, qualification, etc.). The exemption from the SNE (74.1.a) in this conversion removes one of the main obstacles at the initial stage.

E) Documentation and procedures. Usefulness of the Ministry of Inclusion’s Information Sheets

To bring the file down to earth in practice, it is advisable to rely on Information Sheets 2 and 58 from the Ministry of Inclusion. Information Sheet 2 details the step-by-step process for residence and work as an employee, with templates, fees, evidentiary requirements and the online channel, as well as the key elements of Art. 74. Information Sheet 58 focuses on modifications from stay to residence and work (the Art. 190 route), specifying deadlines, effects and typical documentation. Use both as an operational script to prepare your application, square the timetable and avoid formal errors that could delay —or jeopardise— the outcome.

Link to Information Sheet 2: HERE.
Link to Information Sheet 58: HERE.

3) A QUICK COMPARISON.

In short, the main differences are that face-to-face language courses delivered by recognised higher education centres are now considered “higher education”, which is key for automatic work during the stay. During the stay, in 52.1.a work is automatic (no procedure, not exceeding 30 hours/week and with Autonomous Community geo-limitation); in other cases, it is authorisable with exemptions (no SNE, etc.). For renewals, deadlines and numbers are structured: up to two in a) and b); one in d) and e); the “month prior and 15 days thereafter” is optional. For conversion to residence and work (Art. 190), a visa-free lane is opened with a set time window (2 months before or 3 months after the stay ends or the degree is obtained); admission for processing grants provisional full-time permission, without SNE, with an initial duration of 1 year and renewal effects. In the transitional scheme for legacy files, there are specific bridges to renew and to convert, ensuring you can complete your studies and make the employment leap without “starting from scratch”.

In conclusion…

If you are studying languages at a recognized university/higher education centre, the new framework makes it easier for you to work during your stay (ideal for the language assistant) and gives you a clear route to become a resident with a work permit on completion (with precise timelines and no visa). If you are coming from the previous regime, SEM 3/2025 offers transitional options to renew as needed and to access residence and work under Art. 190.

Would you like us to review your case to determine your type of studies, whether your language course is “higher education”, what strategy to follow as a language assistant, and the timetable of deadlines? Write to us and we will help you step by step to maximize your chances and avoid silence/denials due to timing or documents.

👉 Contact: www.serviciosdextranjeria.com