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KEY POINTS TO THE NEW IMMIGRATION REGULATIONS THAT WILL FACILITATE THE INCORPORATION OF INTERNATIONAL TALENT INTO YOUR COMPANY

In our March newsletter, we discussed the new residency procedures that will facilitate the regularization of migrants in Spain starting in May 2025. Now, in this new installment, we focus on other key reforms to the regulations that will expand the possibilities for hiring international talent in Spain. Below, we present the main points that will benefit your company.

1. Strengthen mechanisms to attract and retain talent.

The new regulations address one of the most frequent criticisms of the previous system: difficulties in accessing the labor market. Along these lines, the Entrepreneurs Law already contemplated a 24-month residence permit—non-extendable—for foreign students who had obtained a degree in Spain to seek employment. The current Immigration Regulations also provided for a job-seeking visa for children and grandchildren of Spanish nationals, as well as for certain occupations and geographical areas. However, this visa was only valid for three months, after which the person was required to leave Spanish territory.

The new regulation introduces a substantial change: it transforms this visa into a residence permit—rather than a stay permit—valid for up to 12 months. This modification applies to both children and grandchildren of Spanish nationals and to certain sectors and geographical areas, significantly expanding the possibilities for active job search.

2. Makes it more flexible to recruit talent in training

The new regulation maintains the possibility for foreigners with a residence permit for study purposes to work up to a maximum of 30 hours per week, as provided for in the previous regulations. However, it introduces a significant change regarding the validity of this permit.

Until now, the duration of the stay was linked to the duration of the course or training program, with the obligation to renew it annually. The new regulations maintain this general rule—the authorization will have a duration equal to that of the studies, with a limit of one year—but incorporate an exception that represents a significant advance in terms of administrative simplification.

In the case of higher education, the stay authorization will be valid for the same duration as the official duration of the academic program, even if it is longer than one year. Thus, for example, a university undergraduate student will not have to renew their authorization annually, which reduces the bureaucratic burden.
However, the new regulations also introduce certain restrictions. In particular, it will no longer be possible for foreign minors to complete compulsory secondary education (ESO) in Spain with a residence permit for study purposes, as was previously permitted.

3. It makes socio-educational and family ties more flexible, facilitating regularization and access to the labor market

The new regulation introduces significant improvements to socio-educational and family ties permits, allowing more people in the process of regularization to legally access the labor market. Under this regulation, initial social, educational, and family ties permits allow employment, both as an employee and as a self-employed person, provided proof of a minimum residence of two years in Spain is provided (compared to the previous three years). Furthermore, the duration of these permits is extended to one year, renewable for another four years, with the exception of family ties, which are granted for five years.

For companies, this represents an opportunity to integrate a greater number of professionals already residing in Spain into the labor market, with the possibility of accessing regularized talent more quickly and with greater legal guarantees.

4. Facilitates residency and access to work for family members of international talent, reducing barriers to their integration

The new regulation introduces key measures to facilitate residency and employment for family members of foreign workers, one of the main demands of international companies and employees. Now, direct family members of legal residents (such as spouses, children up to the age of 26, and unregistered partners) can obtain residency and work permits more easily and with fewer bureaucratic requirements.

One of the main new features is the extension of the age limit for children to 26 (previously 21), allowing family members of international workers to bring their adult children, a limitation that previously affected many highly qualified employees.

For companies, this flexibility means that international workers can enjoy greater personal and family stability, increasing the likelihood of long-term settlement in Spain. This, in turn, favors the integration of their families into the workplace and social environment, contributing to a more positive and committed work environment.

The new Immigration Regulations offer companies an excellent opportunity to access international talent with greater flexibility. With measures such as the extension of the job seeker visa, the improvement of the international student regime, and the flexibility of socio-educational and family ties, companies will be able to recruit and retain professionals more quickly.

If you have questions about how these changes affect you or need personalized advice, do not hesitate to contact the Expatfeliu team. We will be happy to offer support to manage your situation simply and effectively.

www.feliu.biz │ www.expatfeliu.com

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