On November 19th, the Council of Ministers approved Royal Decree 1155/2024. This new Immigration Regulation, which updates the legal framework in immigration law that has been in place since 2011, will come into effect on May 20, 2025, six months after its publication in the Official State Gazette (BOE).
Just days after its publication, the State Secretariat for Migration released an Official Statement regarding the Second Transitional Provision of the new Regulation. Below, we provide you with the Official Statement (in Spanish):
What does the Second Transitional Provision of the new Immigration Regulation establish?
The Second Transitional Provision refers to which regulation, either the currently effective Regulation (RD 557/2011) or the new Regulation (RD 1155/2024), will apply depending on the timing of your immigration procedure submission. Here is the transcription of the provision:
Applications submitted prior to the entry into force of this royal decree will be processed and resolved in accordance with the regulations in effect at the time of their submission, unless the applicant expressly requests the application of the provisions in the Regulation of Organic Law 4/2000, dated January 11, on the rights and freedoms of foreigners in Spain and their social integration, and provided that they meet the requirements established for each type of application.
Second Transitional Provision of RD 1155/2024
Explanation of which regulation will apply based on the submission date of your application:
Applications submitted before May 20, 2025
Applications submitted before May 20, 2025, will be resolved under the legal framework in force at the time, specifically the provisions of Royal Decree 557/2011.
However, if the application remains unresolved by May 20, 2025, applicants may choose to explicitly request the application of the new Regulation, provided they meet the new requirements established therein.
Applications submitted after May 20, 2025
Applications submitted from this date onwards will be governed exclusively by the provisions of the new Immigration Regulation approved by Royal Decree 1155/2024.
For more information on how this change affects you or to start your procedure with specialized guidance, do not hesitate to contact us.