Approval of the New Immigration Regulations: Key Changes Transforming Migration in Spain

The November 19, 2024Spain's Council of Ministers approved a comprehensive reform of the Immigration Regulations, marking a milestone in the country's immigration policy. This amendment seeks to modernize and simplify the regularization process for thousands of immigrants, aligning it with European Union regulations and responding to current social and economic needs.

Context and objectives of the reform

The reform arose in response to the need to update the old Alien Regulation (RD 557/2011), partially adapted in 2022, to address the following key objectives:

• Simplifying procedures: Reducing bureaucracy and streamlining permitting.
• Protecting the rights and employers with clearer rules.
• Promoting social cohesion through greater accessibility to regularization.
• Aligning Spanish regulations with European standards.

Relevant changes in the Aliens Regulation

1. Visa transformations

One of the pillars of the reform focuses on the modernization of visas:

• Unification of initial permitsVisas will be valid for an initial period of one yearThis simplifies its renewal and subsequently allows the holder to apply for long-term residency without having to leave the country.
• Job search visasThey acquire the character of temporary residence for a period of 12 months.
• Optimization of competencies: The organization between consulates and foreigners' offices is improved to ensure faster and more effective procedures.

2. New categories of rootedness

The arraigoThe new Immigration Law, a fundamental tool for the integration of immigrants, has been extended and modified to enable them to work both as employees and self-employed from the very first moment, therefore all permits will have a duration of one year, except for family integration permits, which will be for 5 years.

• New rooting figures such as:
  • Second chance rootsResidence permit: aimed at people who have had a residence permit in the last two years and have not renewed it for various reasons.
  • Social roots.
  • Social and labor roots.
  • Family roots.
  • Socio-formative roots.

3. Permits for family members of Spaniards

Family members of Spanish citizens now obtain greater facilities to regularize their situation:

• Expansion of beneficiariesIncludes not only spouses and minor children, but also children up to age 26, parents and primary caregivers.
• Adaptation of the permitThe category of "family roots" is replaced by specific permits with greater rights.

4. Simplified procedures

• Longer renewalsPermits may be renewed for up to four years, facilitating the transition to permanent residency.
• Digital proceduresTelematic processes are optimized to reduce waiting times.

Press release from the Ministry of Inclusion, Social Security and Migration:

Social and labor implications

The reform will have a direct impact on the lives of thousands of immigrants and on Spanish society:

• Family cohesionBy facilitating permits for family members and reducing residency requirements, social integration is promoted.
• Entering the labor marketIncentives for the participation of immigrants in the formal labor market, with economic and social benefits.
• Access to nationalityThe new permits open a clearer path to Spanish nationality, favoring a more diverse and inclusive society.

Final considerations

The approval of the new Immigration Regulations marks a before and after in Spain's immigration policy. Although the current procedures will remain in force, interested persons should keep themselves informed about the changes and seek legal advice to take advantage of the new opportunities. In addition, it is essential to keep an eye on the publication in the Official State Gazette (BOE)This will be the definitive step to confirm the entry into force of these reforms.

Do you need help with the reform of the Foreigners' Regulation?
In our firm, we are experts in foreigners and we can guide you step by step to regularize your situation or that of your family members in Spain. Take advantage of the new opportunities that this reform offers and make sure you comply with all the legal requirements.