Education

Right of foreigners to education

The right to education is a fundamental and basic right of individuals that aims at the full development of the human personality with respect for the democratic principles of coexistence and fundamental rights and freedoms (article 27.2 of the Spanish Constitution).

This human right appears both in international conventions and in the Spanish Constitution and laws.

Article 26 of the Universal Declaration of Human Rights provides that: “Everyone has the right to education. Education must be free, at least with regard to elementary and fundamental education. (...) Technical and professional instruction shall be generalized; access to higher education shall be equal for all, on the basis of their respective merits.”

This right is also enshrined in article 13 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), which provides that: ‘The States Parties to this Agreement recognise the the right of everyone to education”, adding that secondary education in all its forms and higher education should be made accessible to “all”.

With regard to the Spanish Constitution (EC), this right appears in Article 27, which provides that: “Everyone has the right to education” (paragraph 1), the which “shall aim at the full development of the human personality while respecting the democratic principles of coexistence and fundamental rights and freedoms” (paragraph 2), it being for the public authorities to ensure “the right of everyone to education through general education programming” (paragraph 5) “where it is basic, it is compulsory and free of charge” (paragraph 4).

That is, "everyone has the right to education." Without distinction, therefore, between Spaniards and foreigners, between persons with a residence permit or without a residence permit, the right to education is considered inherent to every person.

On the other hand, Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration (LOEX), establishes the right to education of foreigners in its article 9:

“1. Foreigners under the age of sixteen have the right and duty to education, This includes access to basic, free and compulsory education. Foreigners under the age of eighteen are also entitled to post-compulsory education. This right includes obtaining the corresponding academic degree and access to the public system of scholarships and grants under the same conditions as Spaniards. If they reach the age of 18 in the course of the school year, they shall retain that right until its end.’

Education system in Spain

The education system in Spain consists of Early Childhood Education, Compulsory Education (divided into Primary Education and Compulsory Secondary Education (ESO)), and Post Compulsory Education.

Early Childhood Education (0 to 6 years)

In Spain, the stage of Early Childhood Education is divided into two periods or cycles. The first, up to the age of three, is not mandatory; families should therefore be responsible for all or part of the funding of the course. On the other hand, the second cycle, which lasts from three to six years, is mandatory, so there are public or free options available.

Primary Education (6 to 12 years)

It is the first complete stage of compulsory education. It is divided into six academic years and aims for students to acquire a common and solid basic education in culture, oral expression, reading, writing and calculus.

Compulsory Secondary Education, ESO (12-16 years)

In Compulsory Secondary Education (ESO) in Spain, students are between twelve and sixteen years old. By law, students must finish the four years of this stage, but if someone repeats the course and is sixteen years or older before the end of this mandatory period, they can leave the studies if they wish.

Vocational Training Basic Degree (+15 years)

Basic Vocational Training is part of the basic, compulsory and free education. They are linked to Level 1 competency standards from the National Catalogue of Professional Competency Standards.

It has a duration of two academic years and is preferably aimed at those who have greater possibilities of learning and achieving the competences of compulsory secondary education in an environment linked to the professional world.

In order to access these trainings, it is necessary to be fifteen years old or to fulfill them throughout the year. In addition, you must have passed the third year of ESO and that the teaching team has proposed the incorporation of the student to these cycles.

The passing of a Training Cycle of Basic Degree supposes the obtaining of the title of graduate in ESO plus the title of Basic Technician corresponding. 

Baccalaureate

The Baccalaureate consists of two academic courses just after ESO. It is focused on the acquisition of more specific knowledge related to the area that the student has chosen: art, science and technology, humanities and social sciences.

These studies allow the student to go directly to the university entrance exam (EVAU) or to a Higher Vocational Training.

Vocational Training of Middle and Higher Degrees

Vocational Training in Spain aims to train students to perform certain professions. As a general rule, these studies last two years and include compulsory professional internships in companies, which allow students to put what they have learned into practice in class.

The difference between the Professional Training of Middle Degree and Higher Degree is the depth with which the theory of each course is studied, and the degree of specialization that is obtained as a result.

To access the Middle Degree it is required to be in possession of the title of Compulsory Secondary Education (ESO) or Basic Training Cycle and be over 17 years old.

While, for the Higher Degree, it is required to be in possession of the Baccalaureate degree or the title of Middle Degree Technician.

University Studies

University Degree

The purpose is to obtain by the student a general training, in one or more disciplines, oriented to the exercise of a regulated profession.

Completion of these undergraduate studies entitles you to a graduate degree.

master

The purpose of the master's degree is the acquisition by the student of advanced training, either multidisciplinary or specialized, aimed at academic and / or professional specialization.

In order to access master's studies, it will normally be required to be in possession of a bachelor's degree.

Exceeding the master's degree entitles you to obtain the title of Master's Degree.

Doctorate

The doctorate is the highest academic level and corresponds to the third cycle of official university studies. It allows you to acquire the competences and skills necessary for quality scientific research.

Passing these doctoral studies entitles you to obtain a doctoral degree.

Approval of foreign university degrees

If you are a foreigner with a university degree and want to practice your profession in Spain or to pursue a university degree, master's degree or doctorate, the homologation, equivalence or validation of said degree will be mandatory depending on the case.

Difference between approval, equivalence and validation:

First of all, before talking about how to carry out the procedures to homologate our foreign university degrees in Spain, we should know the difference between homologation, equivalence and validation.

The approval consists of the official recognition of the training completed to obtain a foreign diploma, comparable to that required to be able to obtain a Spanish diploma, the acquisition of which is required for the exercise of a given profession. That is, the homologation of my university degree will allow me to exercise that regulated profession in Spain.

On the other hand, the equivalence, consists of the official recognition of the training completed to obtain a foreign degree, comparable to that required to obtain an academic level of degree, master's degree or doctorate, excluding professional effects in respect of those degrees that can be obtained by homologation.

In the last place we have the validation, this consists of the official recognition, for academic purposes (never for the exercise of a profession), of the validity of higher education studies carried out abroad. Official foreign university studies in their country of origin, taught at a university or higher education institution officially recognized in that country and taken by the person concerned, may be validated, even if they have not been completed and obtained the university degree to which these studies lead.

Procedures to be carried out in the country of origin

For the homologation of your university degree, you will have to bring certain documents from your country of origin, legalized, and where appropriate translated:

1. Obtain the teaching degrees:
   • University Degree
   • Certificate of notes
   • Program or Curriculum
2. Legalization by the competent authorities of your country of origin of the aforementioned documentation.
3. Legalization of documents by the Spanish consulate of your country of origin.
4. In cases where these documents are not written in one of the official languages of the Spanish state, they must be translated by sworn translator.

Documentation to present in Spain:

1. Document proving the identity and nationality of the applicant (Passport, TIE, DNI, etc.),
2. University Degree for which approval or equivalence is sought,
3. Academic certification of the studies carried out for the purposes of obtaining the diploma, stating the official duration in academic years of the curriculum followed, the subjects taken and the total time load of each of them expressed in hours or in ECTS credits (European credits),
4. Form 790 and payment of Fee 107. You must choose between homologation and equivalence on the rate form.
5. Accreditation of linguistic competence necessary for the exercise in Spain of the corresponding profession (at least a B2 level is required and only for nationals of countries whose official language is not Spanish).

Where it is done

The homologation and validation of university degrees is done through the Ministry of Science, Innovation and Universities if you are in Madrid, or through the Government Delegation present in the autonomous community in which your residence in Spain is located.

You can also carry out these procedures online through this link: https://universidades.sede.gob.es/procedimientos/portada/ida/3513/idp/1029/

Approval of foreign non-university degrees

Documentation:

1. Application and conditional registration flyer,
2. Verified copy of the identity document. It will not be necessary to provide a copy of the DNI/NIE if you authorize your consultation,
3. Academic documentation:
   • Homologation to the title of Graduate in Compulsory Secondary Education: Accreditation of the four passed courses equivalent to the Compulsory Secondary Education stage of the Spanish educational system, in which the subjects studied, the qualifications obtained and the academic years in which the respective courses were carried out.
   • Accreditation to the baccalaureate degree: Certification accrediting the last three courses passed equivalent to the Baccalaureate and 4th of E.S.O. of the Spanish educational system, in which the subjects studied, the qualifications obtained and the academic years in which the respective courses were carried out.
   • Validation for the first year of Baccalaureate: Certification of the three passed courses equivalent to the 1st of Baccalaureate, 3rd and 4th of E.S.O. of the Spanish educational system in which the subjects studied, the qualifications obtained and the academic years in which the respective courses were carried out.
     
     The documents must be original and official and, where appropriate, be duly legalised and accompanied by an official translation into Spanish,
4. I guarantee payment of the fee. Copy for the Administration of the form MODEL 790 the payment of the corresponding fee, except when homologation is requested to the degree of Graduate in Compulsory Secondary Education,
5. In the case of acting through a representative. Original letter authorizing the representative to act on their behalf, together with the document proving the identity of the representative (NIF / Passport / NIE / other document). It will not be necessary to provide a photocopy of the NIF if the representative gives consent for the verification of identity data through the Data Verification System (Royal Decree 522/2006, of April 28) in which case he must expressly indicate it.