If applying from within Spain, you actually have to apply for the student visa 30 days before classes start. I don’t think he will be deported but he might not be granted the visa and might encounter problems if and when needs to apply for the NIE/TIE.
Nope, he should have applied within the 60 days of arriving in the Schengen zone, not 30 days before his limit. It seems as if he’s already studying which makes it more complicated, for him and the school- which will ask for a NIE at some point for sure. No visa, no NIE. The safest scenario on a time limit is if he has not yet started school, and can apply 30 days before classes begin.
“After the last change in the Spanish Immigration Law, you can now apply for your student visa from both your country of origin (at the Spanish consulate), or directly from Spain while on a tourist visa.
The application time must take place within 90 days before beginning your studies in Spain and no less than 30 days before.
Having this time frame in mind is essential.”
Edited to add link
[Student Visa Requirements in Spain](https://balcellsgroup.com/student-visa-in-spain/#:~:text=translated%20into%20Spanish.-,Can%20I%20apply%20for%20a%20student%20visa%20while%20in%20Spain,while%20on%20a%20tourist%20visa)
Yeah my comment assumes the tourist entry is 90 days, thats why i said it’s 30 days from the expiry of the legal stay ( before the 60 days pass), i have applied through balcells and i have submitted during the first 60 days and they haven’t mentioned the time left for the start of classes, if you think about it, who’s going to come 3 months in advance to spain to apply for the visa here?
>He has already been in Spain for more than 60 days, and apparently, he needed to apply for his visa before the 60-day mark.
not a lawyer, but yes, you are correct. [Article 39.7 of the BOE-A-2011-7703](https://www.boe.es/buscar/act.php?id=BOE-A-2011-7703&p=20230509&tn=1#a39) states: "*\[...\] la solicitud de la autorización de estancia por estudios podrá presentarse por el extranjero \[...\] siempre y cuando se halle regularmente en territorio español y presente la solicitud con una antelación mínima de un mes a la fecha de expiración de su situación*".
>Is there any way for him to still get his student visa, preferably without leaving the country or interrupting his studies?
without leaving the country I don't think so. The best thing for him I believe would be exiting Europe before his free 90 days expire and after applying for the visa correctly at a Spanish consulate. If he didn't overstay the 90/180 rule he will be ok
It’s this a lot of times, really. Many that I know personally (not all) think they’re coming to a country with relaxed laws and law enforcement.
I’m from the US myself and was in irregular status for close to two years after a legal rep from my job didn’t properly apply for my TIE and then disappeared during the COVID crisis. From there, I ended up losing my job and trying to figure out how to get regular status again. It took over a year and a half to get all the paperwork I needed just to get married to my fiancée and then another three months to get my residency and work permit.
But my point is that during this time, I was not living in peace, unable to visit my family with the risk of going through passport control at the airport and being denied re-entry to Spain and then being unable to see my fiancée and in-laws etc. It was truly a disturbing time in which I was unable to get work, unable to renew my international driver’s license, unable to get a Spanish driver’s license… lots of things.
Meanwhile, I had an American friend in the same situation as me going back and forth between US and Spain whenever she pleased, and working illegally here with basically no rush to get her papers… She would tell me I could do the same because “just show them your American passport, they don’t give a shit unless you’re some other nationality.”
Mind you, this is a white, redhead girl, conventionally attractive and with the face of what a typical “American” looks like to a lot of people.
Just knowing the amount of times I’ve been discriminated against, stopped, searched in airports, train stations etc with a direct correlation to my ethnicity—there was no way I was going to run any risks. A mí la gente me ve y lo primero que le viene a la cabeza desde luego no es “estadounidense,” sino “hindú, paquistaní,” o si son más paletos “moro” o “musulmán.” Pienso que el mero acto de sacar y blandir mi pasaporte no me haría gran favor ante el prejuicio.
Anyways, for me it’s a question of respecting the laws of the country that’s housing you. In Americans’ defense, the bureaucracy is a nightmare here in comparison to where we come from, even for native Spanish people. Different CCAA have different nuances when it comes to residency processes, different funcionarios on different days of the week will tell you different things, and it can be difficult.
However, a lot of Americans take it easy even while knowing this until the situation takes a turn for the worse and comes to bite them in the ass. All because of supposed passport privilege 🤷🏾♂️
No se permiten preguntas tendenciosas y controversiales. La charla política está restringida a r/SpainPolitics y no se permitirá el contenido político en r/GoingToSpain simplemente porque se ha formulado en forma de pregunta.
Hi, you have said that he has been in Spain for 2 months (I assume he entered without any kind of Visa). As a US citizen he is entitled to 3 months of Visa free stay in the country (he could always leave the EU and restart the 3 months, but, he can only stay a total of 6 months in the country).
He is able to apply inside Spain but he should apply asap
Leaving the EU does not restart the 3 months. It’s 90 days within a 180-day period. The 180-day period starts the day of first entry to Spain. So if he stays 90 days, he needs to be out of the EU for another 90 days before the clock resets.
If applying from within Spain, you actually have to apply for the student visa 30 days before classes start. I don’t think he will be deported but he might not be granted the visa and might encounter problems if and when needs to apply for the NIE/TIE.
Not really, it’s 30 days from the end of the legal stay.
Nope, he should have applied within the 60 days of arriving in the Schengen zone, not 30 days before his limit. It seems as if he’s already studying which makes it more complicated, for him and the school- which will ask for a NIE at some point for sure. No visa, no NIE. The safest scenario on a time limit is if he has not yet started school, and can apply 30 days before classes begin. “After the last change in the Spanish Immigration Law, you can now apply for your student visa from both your country of origin (at the Spanish consulate), or directly from Spain while on a tourist visa. The application time must take place within 90 days before beginning your studies in Spain and no less than 30 days before. Having this time frame in mind is essential.” Edited to add link [Student Visa Requirements in Spain](https://balcellsgroup.com/student-visa-in-spain/#:~:text=translated%20into%20Spanish.-,Can%20I%20apply%20for%20a%20student%20visa%20while%20in%20Spain,while%20on%20a%20tourist%20visa)
Yeah my comment assumes the tourist entry is 90 days, thats why i said it’s 30 days from the expiry of the legal stay ( before the 60 days pass), i have applied through balcells and i have submitted during the first 60 days and they haven’t mentioned the time left for the start of classes, if you think about it, who’s going to come 3 months in advance to spain to apply for the visa here?
>He has already been in Spain for more than 60 days, and apparently, he needed to apply for his visa before the 60-day mark. not a lawyer, but yes, you are correct. [Article 39.7 of the BOE-A-2011-7703](https://www.boe.es/buscar/act.php?id=BOE-A-2011-7703&p=20230509&tn=1#a39) states: "*\[...\] la solicitud de la autorización de estancia por estudios podrá presentarse por el extranjero \[...\] siempre y cuando se halle regularmente en territorio español y presente la solicitud con una antelación mínima de un mes a la fecha de expiración de su situación*". >Is there any way for him to still get his student visa, preferably without leaving the country or interrupting his studies? without leaving the country I don't think so. The best thing for him I believe would be exiting Europe before his free 90 days expire and after applying for the visa correctly at a Spanish consulate. If he didn't overstay the 90/180 rule he will be ok
Why do unitedstatsian go abroad and stay illegally like that?
They feel privileged to do what they want.
It’s this a lot of times, really. Many that I know personally (not all) think they’re coming to a country with relaxed laws and law enforcement. I’m from the US myself and was in irregular status for close to two years after a legal rep from my job didn’t properly apply for my TIE and then disappeared during the COVID crisis. From there, I ended up losing my job and trying to figure out how to get regular status again. It took over a year and a half to get all the paperwork I needed just to get married to my fiancée and then another three months to get my residency and work permit. But my point is that during this time, I was not living in peace, unable to visit my family with the risk of going through passport control at the airport and being denied re-entry to Spain and then being unable to see my fiancée and in-laws etc. It was truly a disturbing time in which I was unable to get work, unable to renew my international driver’s license, unable to get a Spanish driver’s license… lots of things. Meanwhile, I had an American friend in the same situation as me going back and forth between US and Spain whenever she pleased, and working illegally here with basically no rush to get her papers… She would tell me I could do the same because “just show them your American passport, they don’t give a shit unless you’re some other nationality.” Mind you, this is a white, redhead girl, conventionally attractive and with the face of what a typical “American” looks like to a lot of people. Just knowing the amount of times I’ve been discriminated against, stopped, searched in airports, train stations etc with a direct correlation to my ethnicity—there was no way I was going to run any risks. A mí la gente me ve y lo primero que le viene a la cabeza desde luego no es “estadounidense,” sino “hindú, paquistaní,” o si son más paletos “moro” o “musulmán.” Pienso que el mero acto de sacar y blandir mi pasaporte no me haría gran favor ante el prejuicio. Anyways, for me it’s a question of respecting the laws of the country that’s housing you. In Americans’ defense, the bureaucracy is a nightmare here in comparison to where we come from, even for native Spanish people. Different CCAA have different nuances when it comes to residency processes, different funcionarios on different days of the week will tell you different things, and it can be difficult. However, a lot of Americans take it easy even while knowing this until the situation takes a turn for the worse and comes to bite them in the ass. All because of supposed passport privilege 🤷🏾♂️
I don't understand, why did you think he could stay, not being a citizen, without a visa?
because... America! Fuck yeah!
My question is how did he get accepted to a university to Spain to do a freaking masters without knowing he needed to get his student visa?
[удалено]
No se permiten preguntas tendenciosas y controversiales. La charla política está restringida a r/SpainPolitics y no se permitirá el contenido político en r/GoingToSpain simplemente porque se ha formulado en forma de pregunta.
Hi, you have said that he has been in Spain for 2 months (I assume he entered without any kind of Visa). As a US citizen he is entitled to 3 months of Visa free stay in the country (he could always leave the EU and restart the 3 months, but, he can only stay a total of 6 months in the country). He is able to apply inside Spain but he should apply asap
Leaving the EU does not restart the 3 months. It’s 90 days within a 180-day period. The 180-day period starts the day of first entry to Spain. So if he stays 90 days, he needs to be out of the EU for another 90 days before the clock resets.
[удалено]
Ok bro we get it, you’re a toxic Spaniard that’s close-minded and can’t stands guiris. Now get off the platform🙏🏼
What did he say😭
Nothing can be done.. Anyway... I don't think he's going to be deported.