Today, November 19, 2024, the Council of Ministers has finally approved the long-awaited new Immigration Regulation, a comprehensive reform aimed at improving the integration of migrants in Spain and adapting the legal framework to the current needs of the labor market, demographic challenges, and the demands of the European Union. Below, we break down the key changes this reform brings, designed to ease the lives of migrants and promote their social inclusion.
1. Visas and permits: more flexibility and less bureaucracy
One of the key measures of the new regulation is the improvement of timelines and procedures for obtaining visas and residence permits. From now on, all initial permits will have a duration of one year, with renewals for four years. Additionally, the job-search visa is extended to one year (previously only three months), giving migrants more time to find a job suited to their professional profile.
The regulation also introduces changes to the status-change system, so it will no longer be necessary to leave the country to switch from temporary to permanent residence. Furthermore, the process for regularizing individuals who have previously held a residence permit is simplified, eliminating the need to leave the country.
2. New Arraigo categories
One of the most notable changes is the creation of a new “second-chance” category within the arraigo system. This will benefit migrants who have had a residence permit in the last two years but whose permit was not renewed. Additionally, five types of arraigo are introduced: social, socio-laboral, family, socio-educational, and the second-chance category, creating new pathways for the regularization of thousands of individuals.
3. More rights for migrant workers
The regulation also brings significant improvements in the protection of migrant workers’ rights. From now on, migrants arriving in Spain will be allowed to work from the outset, without needing to apply for a separate work permit. Moreover, seasonal work permits are introduced, benefiting both employees and employers by providing specific work authorizations for these jobs.
4. Students: greater opportunities to work and study
Migrant students in Spain will also benefit from this reform. They will be allowed to work up to 30 hours per week during their studies, and upon completion of their studies, they will be able to easily transition to a work permit. The study residence permit will last for the same duration as their educational program, facilitating the transition into the labor market while ensuring a dignified and quality educational experience.
5. Family reunification: expanding rights
Family reunification is another area that has been improved under the reform. The regulation increases the age limit for children eligible for reunification from 21 to 26 years, and extends the possibility of including non-registered partners, as long as they can prove a similar affective relationship. The definition of “reunified family member” is also expanded to include the children and parents of victims of trafficking, sexual violence, or gender-based violence, providing greater protection for these vulnerable groups.
Next steps: Publication in the BOE and ongoing updates
We expect the new Immigration Regulation to be published in the Official State Gazette (BOE) tomorrow, marking the start of its implementation. At ARC Legal, we will be providing continuous updates on the changes brought by this regulation. Over the coming days and weeks, we will publish detailed articles on how the new immigration procedures will work and how they will affect migrants currently in Spain or planning to settle here.
Conclusion: A regulation focused on inclusion and improving migrants’ quality of life
This new regulation is an important step forward in the integration of migrants in Spain, ensuring rights and offering more opportunities for those who choose to settle in the country. With an approach that encompasses work, education, and family, it aims to create a more inclusive and fair environment for all. The reform also promotes the fight against fraud and rights violations, strengthening legal certainty and facilitating the regularization process for migrants in Spain.
For more details on how this regulation may affect your immigration status or if you need personalized advice, feel free to contact us.