KEY CHANGES FOR THE MIGRANT COMMUNITY
On November 19, 2024, the Council of Ministers approved the long-awaited new Immigration Regulation (Royal Decree 1155/2024), a reform that redefines the legal framework for immigration in Spain. This regulation not only simplifies procedures but also expands rights and offers new opportunities to foreign residents or those seeking to reside in the country.
At Galilea Abogados, we understand how crucial it is to stay up-to-date with legal changes, especially in such a dynamic area as immigration law. That’s why we’ve prepared this comprehensive guide on the main updates introduced by this reform, to help you understand its impact and the potential benefits you can gain.
What Changes with the New Immigration Regulation?
The reform introduces structural changes, covering aspects from labor market access to family reunification procedures. Here are some of the most notable updates:
1. Longer and More Stable Authorizations
One of the most significant changes is the extension of validity periods for authorizations:
- Initial authorizations: Now valid for one year.
- Renewals: Extended to four years, providing greater stability for migrants and hiring companies alike.
2. Job Search Visas
Designed to facilitate entry into the labor market, this visa will now be valid for a one-year period (previously only three months). This gives applicants more time to secure suitable employment and plan their future in Spain.
3. New Residence for Relatives of Spanish Citizens
A specific residence permit has been created for family members of Spanish citizens. Key updates include:
- Dependent children: The maximum age has been increased to 26 to prove economic dependence.
- Dependent parents: Now includes those over 80 years of age.
- Unregistered partners: These can be included, provided they can demonstrate a stable relationship analogous to marriage.
4. Simplified Family Reunification
A hybrid system for processing family reunification requests has been introduced. This means you can initiate the process in Spain and, once the authorization is approved, manage the visa at the relevant consulate.
The Concept of Arraigo: A Path to Regularization
Arraigo continues to be a key mechanism for irregular migrants to obtain a residence permit. The reform not only updates requirements but also introduces new types of arraigo to address the diverse realities of the migrant community.
The Five Types of Arraigo
- Social Arraigo:
- For individuals who have lived continuously in Spain for at least three years and have a work contract.
- Sociolaboral Arraigo:
- Reduces the residence requirement to two years and requires a valid work contract.
- Family Arraigo:
- No minimum residence period required; aimed at parents or guardians of Spanish or EU minors.
- Socioformative Arraigo:
- For those who have lived in Spain for at least two years and are enrolled in or committed to specific training.
- Key advantage: Allows for up to 20 hours of work per week while studying.
- Second-Chance Arraigo:(New)
- For individuals who previously held a residence permit but could not renew it.
- General requirements include having been a permit holder in the past two years and facing non-renewal for reasons other than public order, security, or health.
Duration of Authorizations:
- Arraigo permits generally last for one year, except for family arraigo, which lasts for five years.
Labor Opportunities: A More Flexible Difficult-to-Fill Occupations Catalog
The new regulation focuses heavily on labor market needs. The Difficult-to-Fill Occupations Catalog will be updated, allowing companies to hire foreign workers for positions not locally covered.
This benefits both businesses, which gain access to skilled workers, and migrants, who have greater employment opportunities from their home countries.
Regularization 2024: A Step Toward Social Inclusion
During 2024, a proposal for an extraordinary regularization could benefit up to 500,000 undocumented individuals. This initiative aims to acknowledge those who are already part of Spanish society, providing a pathway to legalize their status and access basic rights like work and social security.
Improvements for International Students
The regulation also includes changes for those coming to Spain to study:
- Work while studying: Students can work up to 30 hours per week.
- Family members’ applications: Now family members of students can process their residence permits directly in Spain, streamlining procedures and reducing complications.
FAQs about the New Immigration Regulation
- How does the new regulation affect ongoing applications?
- Applications submitted before May 20, 2025, will be resolved under the current regulation unless you explicitly request to apply the new rules.
- What are the requirements for socioformative arraigo?
- A minimum of two years in Spain, enrollment in specific training, and compliance with general requirements like having no criminal record.
- How does the updated Difficult-to-Fill Occupations Catalog help businesses?
- It makes it easier for businesses to hire foreign workers for in-demand roles, adapted to each region’s labor needs.
- Can students work under the new regulation?
- Yes, students can work up to 30 hours weekly and transition to a work permit after completing their studies.
- What are the changes for family reunification?
- A hybrid application system allows processes to begin in Spain, and requirements have been updated for dependents and unregistered partners.
A More Inclusive Spain and a Promising Future for the Migrant Community
The new Immigration Regulation marks a historic change in Spain’s migration laws, aligning with EU guidelines and the needs of a multicultural society.
At Galilea Abogados, we’re here to guide you through these changes. Whether you need advice on arraigo, family reunification, work permits, or any other inquiry, don’t hesitate to contact us. Our team of immigration law experts is ready to help you build a future full of opportunities in Spain.
With Galilea Abogados, your peace of mind is guaranteed!
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