We have great news! The Spanish Immigration law is being updated, and the official date is getting closer. The government recently published a draft version of the new regulation, and thanks to that we already know all the great news and advantages that this updated law will mean for you as a foreigner.
In this article, we analyze all the changes that we will have once this new reform of the immigration law is implemented.
We analyze the new residence permits that will be created, those that will cease to exist or undergo changes, the new facilities when it comes to application procedures, and many other new features that you should know.
Keep reading and discover the answers to all these questions, and more!
The New Spanish Immigration Law (context)
The different reforms in the immigration regulations that we have had in recent years have undoubtedly been highly positive.
New advantages, new procedures, and greater opportunities to move to Spanish territory.
For example, we can look back to the end of 2022, when there was also a reform in immigration regulations.
This led to improvements in arraigo procedures, the student visa, and the work permit. For example, the introduction of a new arraigo option, more working hours for foreign students, and an easier work permit modification process.
Despite the improvements brought about by it, there are still many unaddressed issues from the 2022 reform. The new 2024 reform aims to tie the loose ends together and make a simpler, more concrete foundation for immigration in Spain.
Below we will see exactly what this year’s changes imply in terms of migration.
But before that, we must clarify an important point.
The new reform will affect the immigration regulations, not the immigration law.
Therefore, what is being modified is not the law itself, but rather the immigration rules or guidelines that develop the principles of immigration law. However, the changes will be noticeable and will undoubtedly affect how many foreigners settle in Spain.
The two main objectives of this reform
The press conference in which Elma Saiz, Minister of Inclusion, Social Security and Migration, announced the new reform, brought about an influx of positivity for the community of foreigners.
There, the two main goals of this immigration update were defined.
The first is to further improve, increase, and protect the rights of foreigners in the country. The second is to simplify and make the entire immigration process more efficient by reducing unnecessary processes.
Let’s look at them in more detail.
Simplifying Procedures
Currently, there are quite a lot of Spanish residence permits to choose from.
Some of these have very similar requirements or processes, resulting in overlaps, redundancies, and inefficiencies.
This leads to longer waiting periods and more difficulty obtaining one’s residence permit. Thus, authorities propose a simplification and reduction of the types of residence authorizations to make things easier for everyone.
This could also imply the repeal of several articles under the regulation.
As the reform intends to create better ways or options to move to Spain with ease and to make the requirements more flexible so that fewer people fall into irregular situations.
This would be in line with the European Directive for the creation of a single permit, which aims to unify the process of obtaining residence permits by eliminating bureaucratic obstacles and redundancies.
Protecting the rights of foreigners
With this reform, not only should the situation of foreigners in Spain be improved, but it is also intended to modify the directive that regulates long-term residence.
How?
Improving the rights of long-term residents and their families. And that is something that see, for example, with the new card for family members of Spaniards (which we now take a closer look at).
When will the new immigration regulations be published?
Before analyzing all the changes and novelties of the new reform, it is worth answering this question. Next Tuesday the 19th of November, the final and official reform document will be approved.
As of today, we just have an initial draft, published by the government.
This draft will have to be modified, expanded, and refined.
Next tuesday, the final version will be published in the BOE (the “platform” where all laws and regulations are published in Spain).
Once there, we will see the deadline for it to finally enter into force, which could be a few weeks or a few months after publication.
However, the most reasonable scenario is having this new regulation and all the changes become effective towards the end of this year 2024.
Even so, the draft we already have (which you can read here) sheds a lot of light and we can already understand most of the changes we are going to have.
Let’s see them in detail.
All the changes in the new immigration update
Below we analyze, one by one, all major changes that the regulation will undergo once this immigration update comes into force:
Creation of the sociolabor arraigo
The first big news is the creation of a new type of “arraigo”, the socio-labor one.
This arraigo meets the same conditions as the traditional social arraigo, with the difference that it reduces the number of years required in an irregular situation from 3 to 2.
The main requirement will be to have one (or several) employment contracts, which must pay at least the Minimum Interprofessional Wage.
The main advantage?
The dreaded social integration report is not required (as in the case of social arraigo), something that makes the procedure much more flexible.
But there is a disadvantage.
To apply for this laborsocial arraigo, we can only do so in those cases in which there is a job offer with a company in between.
This means that if we want to submit the application through our own economic means or to start working as a freelancer, we will have to continue using the traditional figure of social arraigo.
However, for foreigners in an irregular situation who have been in the country for 2 years and have not been able to find a job offer, we will have a solution. The new “arraigo socioformativo”.
Student visa changes
With the aim of training and retaining foreign talent in Spain through education, as a means to improve their employability, the student visa will undergo major changes.
First of all, people who come to Spain to study higher education will not have to renew their stay for studies every year (as was the case until now). The authorization will directly cover the total duration of their studies.
Although this is a great novelty, as it makes this procedure much more flexible, it will still be necessary to communicate to the Immigration Office that the initial requirements are maintained every year. This can be done through the official enrollment document of the course.
If we continue talking about the renewal of this visa, we also find that language courses (and volunteering periods) can only be renewed for one more year.
But that’s not all: another big change comes from the application and waiting period.
Once this reform comes into force, it will be understood that if after one month of applying for this visa no response is received, the application will be deemed accepted by positive administrative silence.
Another area wherein we find differences is related to family members.
Applications by family members to accompany the student will be accepted in the country’s Spanish consulate and from in Spain. Additionally, children born to students will automatically acquire the stay authorization for students’ family members.
Finally, this new student visa improves the possibilities of obtaining a work permit at the end of the studies.
How can this be done?
Through the implementation of a fast-track system so that they can work from the very beginning.
That is, students will be allowed to continue working as employees or self-employed if they already have a contract or were registered as self-employed individuals. And if they were not, they will acquire a temporary authorization so that they can continue to work until they receive the work permit resolution.
This means that, in all cases, students will not need to worry about stopping work and earning once they complete their studies and wait for a positive resolution.
Additionally, if the studies were less than one year, students who apply for a work permit will be given one for one year. However, if the studies were more than one year, the work permit would be for four years.
Arraigo para la formación becomes arraigo socioformativo
Its name is not the only thing changing.
After an introduction in the Spanish Immigration Law that has not fulfilled its objectives, the “arraigo para la formación” residency will now be transformed into “arraigo socioformativo” with great novelties (and advantages).
The essence of this authorization remains the same: to obtain authorization to start professional training in Spain as long as the foreigner has been in an irregular situation for 2 years.
But there are important differences.
With this new type of arraigo, you will be able to work up to 20 hours per week.
The range of possible courses is extended, now allowing training courses that are up to 50% online, and level 1 of vocational training is added to levels 2 and 3.
In addition, foreigners who are not only committed to enrolling in a course, but also those who are already enrolled, or even those who have already started the course, will be able to apply.
And, as if that were not enough, it may also be extended for a second year if the foreigner proves that he/she is actively seeking employment or if there are previous employment relationships (in addition to the previous reasons: having failed the course or enrolling in a course which program is equal to two years).
And while this is all good news, the arraigo socioformativo brings with it an important disadvantage. It introduces the requirement to submit the social integration report, which can make the process much more tedious.
New residence card for family members of Spanish citizens
Another of the great updates has to do with the way in which the family members of Spanish citizens will be able to obtain their residence permits.
The process (previously divided into family arraigo and the family member of an EU citizen card) is unified into a single one with a new residence authorization, also for 5 years, for all these cases.
A huge advantage of this new residence permit is that the number of relatives who can benefit from this authorization is increased.
In addition, the age limits for which it is necessary to prove dependency have changed: 26 years for descendants, and 80 years for ascendants.
But that is not all.
This permit comes with two other great advantages.
One of them is that foreigners who obtain it will be entitled, in turn, to family reunification.
And on the other hand, at the very moment you submit the application you will acquire the right to work on a temporary basis. That is to say, you will not have to wait the 3, 4, 5, or even 6 months that your resolution could take to start working.
Finally, thanks to this card, the way of accrediting the economic requirements will improve, making it easier to accredit the availability of resources to host the relative (the applicant). How? By including more criteria and accepted possibilities, such as having a stable patrimony.
New second chance arraigo
Many asylum seekers suffered from the changes that took place a few weeks ago, which prevented them from applying for arraigo laboral.
The reform of the Immigration Regulation brings with it a solution: the second chance arraigo (“arraigo de segunda oportunidad“).
Who will be able to apply for it?
All those foreigners who have been living in Spain for 2 years and have been contributing to Social Security with their work authorization as asylum seekers for at least 6 months (full-time or at least 30 hours per week).
In addition, all those foreigners who have been working for at least 6 months (with a different authorization than social arraigo), and who then entered into an irregular situation (and not because they have a criminal or police record) may also apply for it.
Although this minimum of 6 months will be the general case, it will also be possible to obtain this authorization by accrediting:
- 6 months of work with a working day of 20 hours per week if they have fewer dependents
- 9 months of work with a working week that, on average, has involved more than 20 hours, but less than 30 hours
- 1 year with a working week averaging more than 15 hours, but less than 20 hours per week
And, if we are talking about self-employment, this must have been for at least 6 months.
Modifications to the work permit
The work permit, one of the most sought-out paths by foreigners worldwide, is also undergoing important changes.
These improvements are linked to the protection of workers’ rights. Among them being the favoring of collective hiring.
In this sense, the creation of a visa for the search for employment (job-seeking visa) is foreseen, which could be requested from the country of origin with the foreigner will be able to come to Spain and, during 6 months, look for work to then move to a regular work permit.
Who will be able to benefit from this visa?
The children and grandchildren of Spaniards of origin.
And, in addition, the rest of foreigners who meet certain occupations and fields that require workers (think of the shortage list and the hard-to-fill positions, which are adjusted according to the autonomous communities).
This catalog of difficult-to-fill positions will be regulated and adapted by Autonomous Communities (and not by provinces) to try to reflect and update the reality of the needs of workers in the Spanish territory.
Mass regularization in 2024?
Whenever we talk about immigration reform, the concept of regularization becomes popular again.
This is because in the past, all reforms have been accompanied by regularizations that have taken different forms.
Thus, one possibility is that with the new reform in the regulations of 2024 we will have a mass regularization of foreigners.
This would mean that foreigners in an irregular situation who have been in the country for some time would have an extraordinary procedure to obtain their legal residence (probably if they find an employment contract first).
We still do not know if they will carry out a mass regularization under this reform and how the authorities will implement it.
Although it is true that a regularization proposal entered Congress a few months ago and will be voted on soon, we do not have any confirmation, and everything is speculation for now.
As we have more news about the 2024 reform, we will continue to keep you informed with the most complete information.
Keep checking this blog to see how the new reform will affect and improve your life as a foreigner in Spain!
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