Being able to study it at home is no reason to refuse you the visa.

Student visa refusals tend to look alike: doubts about the money, about the school, about whether the course fits what you have studied before and, finally, the claim that you have not shown you intend to return. The Immigration Regulation (Real Decreto 1155/2024) gives the consulate four grounds for refusal in Article 28.5. A suspicion that you want to settle in Spain (migratory intent) must fit one of them and be backed by facts. The High Court of Madrid (Tribunal Superior de Justicia, TSJ) quashes refusals based on impressions. It upholds those where the applicant fails the one requirement measured in figures: financial means, above all when a relative is providing them.

For the High Court of Madrid, a course that does not match your previous education points to fraud only if it is manifestly impossible to follow it for lack of prior preparation. And the fact that the same studies are offered in your country is no ground for refusal: if it were, there would be no student visa.

Updated

What the rule says

What the consulate can refuse on

Article 28.5 and 28.6

Four grounds, and none is called 'migratory profile'

The consulate refuses if: the requirements are not proven; there are false documents, inaccurate statements, bad faith or evasion of the law; there was a reason not to accept the application (a ground of inadmissibility) that it missed when the application came in; or it becomes convinced that identity, the validity of the documents or the truth of the purpose of the trip have not been established beyond doubt. The suspicion that you will not go back falls under that last ground, and the decision has to say which facts and which documents lead to it.

Article 35, letters h) and i)

Money and insurance, on top of the fees

100 % of the IPREM (the Spanish public income indicator) per month, plus the return journey, not counting what you pay for the studies. Grants, financial aid, a job contract where the authorisation allows work, and a third party taking financial responsibility for you all count. The insurance must be with an insurer authorised in Spain, give cover similar to the basic services of the National Health System (its 'common basic portfolio'), and be valid for the whole stay. These requirements are proven with documents, and they are behind almost every refusal the court upholds.

Articles 52 and 53

Which schools and courses qualify

Higher education at a recognised institution entered in the RUCT (the Spanish register of universities, centres and degrees) or another official register, full-time — 90 % of the credits, says Article 52.2 — with fees paid. Since May 2025 a language course counts only if taught in person by an Escuela Oficial de Idiomas (state language school) or a centre accredited by the Instituto Cervantes, and never in the mother tongue or official language of the applicant's country. Level 2 and 3 professional certificates are training activities (Art. 52.1.e.5.º).

Articles 35.f and 36.3

A minimum age, no maximum, and two filters

Over seventeen for higher education, and eighteen for post-compulsory secondary education and training activities; the Regulation sets no upper age limit. Before the consulate acts, the immigration office decides on the stay authorisation within seven days, with a police report. If it does not answer, the application is now deemed refused; under the 2011 regulation it was deemed approved. If the authorisation is refused, the consulate refuses the visa without further examination (Art. 28.10).

What the courts say

Three refusals that reached the High Court of Madrid

Not on its own. In STSJ M 7243/2026 of 22 May (appeal 1097/2025), a consulate in Bolivia refused a visa to a Bolivian woman born in 1997, enrolled on a professional certificate in social and health care in Madrid: it doubted her money, her qualification, her ties and the fit with her education, and added that such studies existed in Bolivia. The court saw €11,576 in her account against the €7,250 she needed with her daughter; noted that she worked with Cáritas looking after elderly people; and, since nobody had interviewed her, treated the point about ties as a subjective impression. It declared the right to both visas, with costs against the administration capped at €500 plus VAT. In STSJ M 12045/2024 of 27 September (appeal 1524/2023), Tangier had refused a Spanish course because it could be taken in Morocco (the State Attorney added that it is even taught there at the Instituto Cervantes), and the court quashed the refusal for the same reason. Both judgments applied the 2011 regulation: today that course would only count at a Cervantes-accredited centre.

Yes, if their figures are enough, and the court also looks at who else they support. In STSJ M 8984/2026 of 15 June (appeal 1192/2025), Casablanca refused a visa to a 26-year-old Moroccan woman, a secondary-school graduate with no known job, for the university access course for over-25s at the UNED (Spain's national distance-learning university). Her father, resident in Spain, signed a notarial deed. But he lived on an incapacity benefit of €484.61 and the minimum living income (a state benefit), paid rent and had dependants; his account did not reach the €3,774 required, even with her staying in his home. The appeal was dismissed, with costs against the applicant capped at €500 plus VAT. The same happened in STSJ M 3779/2024 of 19 March (Quito, appeal 538/2023): a self-employed brother earning €1,396 a month, and nothing about his other commitments. By contrast, in STSJ M 9016/2026 of 12 June (appeal 1171/2025), Casablanca lost: besides the deed signed by her aunt and uncle, the student had 80,000 dirhams blocked in an account with an irrevocable order to transfer her about €614 a month.

Yes. In that same STSJ M 9016/2026, the intensive Spanish course ran from 14 April to 19 December 2025, and the State Attorney asked for the case to be closed because it no longer had any purpose. The court refused: what the student wants is to study, and if the appeal succeeds she can do so in another academic year, once the judgment is enforced, provided the requirements are still met. As for the 'academic record' the consulate relied on, a science school-leaver who wants to study Spanish is making a reasonable extension of her education. It quashed the refusal, declared the right to the visa and ordered the administration to pay costs capped at €500 plus VAT. In practice: keep your enrolment alive and the money available, because you will be asked for both when the judgment is enforced.

Start here

Tell us the case

Say which consulate you will be applying to and roughly when you want to travel. Those two facts change the answer more than anything else. We reply the same working day.

If you have already been refused and the one-month deadline is running, write to contacto@spainvisaservice.com with REFUSAL in the subject line and the date on the notification.