On November 19, the Council of Ministers approved the new Immigration Regulation (Royal Decree 1155/2024 of November 19, approving the Regulation of Organic Law 4/2000 of January 11, on the rights and freedoms of foreign nationals in Spain and their social integration).
The new Regulation will come into force on May 20, 2025.
This reform aims to align Spanish legislation with various European Union Directives pending transposition in Spain.
The primary objectives of the new Regulation are to adapt the law to the current migratory situation, address the needs of the labour market and migrants, and tackle the country’s demographic challenges.
The main innovations are as follows:
Visas:
A specific section is created for visas, detailing the different categories, requirements, and procedures.
The initial duration of the job-seeker visa is extended to one year, compared to the previous three months. This change enhances the timeframe for job-seeking and provides greater stability for employers.
Residence Authorization for Exceptional Circumstances known as the regularization framework:
The primary purpose of this authorization is to regularize the status of irregular migrants in Spain.
Prior to the reform, four types of regularization were recognized; the reform introduces a fifth category: social, labour, family, educational, and the newly introduced second-chance regularization.
The second-chance regularization aims to regularize migrants who previously held a residence permit that was not granted for exceptional circumstances.
Initial authorizations under the regularization category will be valid for two years, except for family-based regularization, where the initial authorization will last five years.
It is estimated that the modifications to this category will allow for the regularization of 300,000 individuals annually over the next three years.
Finally, the Fifth Transitional Provision of the new Regulation introduces a specific measure for asylum seekers. It stipulates that applicants for international protection (asylum) who are in an irregular situation due to a final administrative or judicial denial of their application may apply for one of the aforementioned regularizations.
In such cases, applicants must demonstrate a continuous presence in Spain for six months prior to the application and must apply within twelve months of the Regulation’s entry into force.
Residence and Work Authorization for Seasonal Activities:
A specific residence and work authorization is established for seasonal work, applicable collectively or individually.
The main requirement is that the work shall be performed under the employment regime not exceeding nine months within a calendar year.
Employers are obligated to provide workers with written information in a language they understand regarding labour conditions, accommodations, and other expenses.
The Regulation also includes labour protections for workers, allowing for a change of employer in cases of abuse or other impediments to the employment relationship.
Family Reunification Authorization:
This authorization is granted to family members wishing to reunite in Spain, provided the sponsor and the family member meet the stipulated requirements.
A significant change is the extension of the maximum age for reuniting children to 26 years. Before the reform, the maximum age for a reunited child was set at 21 years. Additionally, the reform introduces the possibility of granting family reunification status to unmarried partners who can demonstrate an analogous affective relationship.
