New residence permits. New arraigo procedures. Changes in key requirements. More advantageous application processes. These are just some of the new main features that we find in the 2024 Immigration Regulation Reform.
In this article, we’ll tell you all the details.
Below you’ll find a summary of the main measures that will be incorporated in the upcoming months. These will surely help a large number of foreigners who wish to move to Spain.
We will see the changes for arraigo residence permits, the updated
requirements for relatives of Spaniards who wish to obtain residency, and much more.
So, keep reading and you’ll be up to date in no time!
What does this new immigration law consist of?
Below we list each and every one of the main changes that will come into force at the end of this year, that is once the Spanish immigration regulation reform is officially published.
As you can see, these changes are considerable and will affect a large number of residence permits.
Temporary residence card for family members of Spaniards
Until now, a foreign family member of a Spanish citizen could obtain residence either through family arraigo or through a community card.
With this reform, a unique and specific chapter has simplified the way that these foreigners can become residents, by creating a new residence card for them.
This 5-year card will allow them to reside and work in the country, with major changes and advantages.
What are the changes and benefits of this new card for family members?
- In the case of descendants, the age limit to prove dependency has been raised from 21 to 26 years old
- In the case of ascendants (parents) the age for NOT having to prove dependency has also been raised, from 60 to 80 years old
- Foreigners who obtain this new residence card will have the right to family reunification
- In addition, they will acquire the right to work from the moment they submit the application (without having to wait for the resolution)
There have also been additions to the list of family members who can apply for it.
In addition to spouses, common-law partners, stable partners, children and parents; children of a father or mother who were Spanish by origin, caregivers of a Spanish citizen with dependency, parents or guardians of a Spanish minor, and even extended family have also been included.
The second-chance arraigo
All those who have paid contributions for at least 6 months in Spain and who subsequently have entered an irregular situation will be able to enjoy this new permanent residence, the second-chance arraigo.
Similar to the old labor arraigo, it will also require that the foreigner has been in Spain for at least 2 years (in addition to those 6 months of contributions).
This will also apply to all asylum or international protection applicants who paid contributions while on their asylum red card during this period of time.
Creation of laborsocial arraigo
Instead of needing 3 years in an irregular situation to obtain social arraigo, this time period will be reduced to just 2 years thanks to the laborsocial arraigo.
A new type of residence permit for exceptional circumstances aimed toward foreigners who find a job offer in the country after this irregular period.
In addition to this reduction in time, one of the great advantages of this permit is that it eliminates the need to obtain and present the social integration report; which greatly speeds up the process.
However, the foreigner must continue to resort to social arraigo (with the 3 years required) if their objective is to regularize their situation without a job offer (either to work independently or through demonstrating sufficient personal funds).
Socio-formative arraigo: the evolution of arraigo for studies
The arraigo for studies or training has become socio-formative arraigo. What does this change imply? What are the new features? Although it is true that in conceptual terms it is still a very similar figure, the changes it presents are notable and very advantageous. This residence will continue to be dedicated to those foreigners who have been in an irregular situation in Spain for 2 years so that they can begin a training course leading to a degree; improving their opportunities to find work in Spain. However, there are changes in the requirements:
- It will be possible to apply for this rooting not only after committing to start a training course, but also if you are already enrolled or even if that course has already started
- Courses that are up to 50% online will also be allowed
- Level 1 vocational training will be included (in addition to level 2 and 3)
- The social integration report will be included as a requirement
- It will be possible to work up to 20 hours a week while having the socio-formative arraigo residence permit
But perhaps one of the changes that has brought about the most surprise, is that it will be possible to renew and extend this arraigo for one additional year. Although the arraigo for studies does allow for renewal if one has failed the course or if the program is for 2 years, the socio-formative arraigo, in addition to these reasons for renewal, also accepts being in-active search for work or demonstrating the existence of previous employment relationships as valid reasons.
Work permit changes
In terms of the work permit, the immigration regulation reform aims to further protect workers’ rights, and give more opportunity. For example, it will favor collective hiring.
Additionally, the children and grandchildren of Spaniards of origin will be apply to apply for a job-search visa from their country of origin. This visa will give them 6 months to come to Spain to look for a job.
This will also be applicable to foreigners who are eligible to certain occupations or fields that need more workers (e.g. occupations in the shortage list and hard-to-fill positions).
This catalog will list different jobs depending on the autonomous community.
Student visa updates
The reform brings about a good number of positive changes for the student visa.
Currently, higher education students must renew their authorization every year. However, with this reform, student visas will now be valid for the total duration of one’s studies. So if your degree will last for two years, you will not need to renew your residence permit in between.
Nevertheless, students will still need to inform the Immigration Office that they are continuing to meet initial requirements.
Moreover, individuals who are taking language courses or volunteering on the student visa can only renew for one more year.
Another positive change is that the student visa will be regarded under the positive administrative silence. This means that if one does not receive a resolution in one month, it is considered positive.
Additionally, family members of students will be able to apply for joint application from their country of origin and from within Spain. Children of student visa holders will also automatically receive this stay authorization.
In terms of transitioning to a work visa, this reform also brings about good change.
There will be no stagnant period between completing one’s studies and working. If the student obtained a contract or registered as self-employed while studying, they can continue working without a problem; while they wait for their resolution.
Similarly, if they started work after completing their studies, they will receive a temporary authorization so that they may continue to work in Spain while waiting for their resolution.
Furthermore, if the studies were for more than one year, the individual can directly get the four-year residence permit.
About the draft of the regulation reform
All the news and changes that we have seen throughout this article are based on the official text of the Regulation Reform, finally published on Tuesday, November 19 by the government.
Right now we have the official and final text, which will undergo no further changes.
But none of what we have seen above has come into force (yet).
This is because once published in the BOE, these changes or laws have a waiting time for them to come into force.
In this case, we will have to wait until 2025 to be able to apply for any of these new residences or experience the new requirements.
For more information, here you have the link so you can access the official text with all the changes.
When does the new immigration law come into force?
We still don’t have an exact date, but it is most likely that the Immigration Regulation Reform will finally become effective beginning of 2025.
As you can see, all the changes that will occur will be made to the Immigration Regulation, and not to the Immigration Law.
This is an important distinction since both regulatory bodies are not the same.
Thus, and as we have seen in the previous section, for this reform’s official publication we must still wait for this draft to receive its latest modifications. Once that’s done, it will be published in its final version.
Once the final version is published, it is most likely that we will have to wait a bit until it finally comes into force.
We will keep you informed on all these details through our blog and social networks.
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