SEM 1/2025 and SEM 2/2025 Instructions published: key issues on Spanish roots and relatives of Spaniards

As of May 20, 2025, the new Alien Regulation (Royal Decree 1155/2024) will enter into force. Within this framework, the Ministry of Inclusion, Social Security and Migration has issued the Instructions SEM 1/2025 and SEM 2/2025These are fundamental for the correct interpretation of the authorizations for exceptional circumstances and residence for family members of Spaniards.

These instructions are essential to correctly interpret the current procedures and ensure efficient processing of files. Among the most relevant points are the following:

SEM Instruction 1/2025 - Arraigo (Arraigo)

This instruction unifies the criteria for the different types of exceptional circumstance roots. Highlights:

• Social rootsEconomic requirements are reinforced. The 200 % of IPREM if there is a family relationship, or the 100 % of IPREM if an integration report is provided.
• Labor rootsare accepted temporary or permanent discontinuous contractsprovided that they exceed 90 days duration and accredit a minimum working day of 20 hours per week. Self-employment is not allowed.
• Formative rootsThe minimum attendance rate must be at least 50 %, y can only be applied for once every three years.
• Second chance rootsThe residence permit is regulated for people who had a previous legal residence (not exceptional) and could not renew it for justified reasons.
• Relationship with the asylumThe following is clarified: it is possible to have access to the arraigo if one has expressly waived of the application for international protection.

SEM Instruction 2/2025 - Relatives of Spaniards

For the first time, a new separate and differentiated regime for family members of Spanish citizens who have not exercised their right to freedom of movement (i.e., they have not resided outside Spain).

Some important points:

• Applies to third country nationalseven if they had already initiated the procedure under the community regime.
• Can be ordered from Spain if the requirements are met, without the need for a prior visa.
• It is allowed to include dependentseven if do not coexistprovided that economic dependence from the country of origin is demonstrated.
• The authorization is granted for 5 yearsrenewable or modifiable in accordance with the regulations.
• Allows access to an independent residence in cases of divorce, death of the Spanish family member or situations such as gender violence.

In KR Abogados we will apply these criteria in our files, so we can help you to adapt to this new regulation. If you are in the process of regularization, residency application or modification, it is key to check if these instructions affect you.

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