On November 19, the Council of Ministers approved, at the proposal of the Ministry of Inclusion, Social Security, and Migration, a new Immigration Regulation. Its main objectives are to align the regulations with the current migratory landscape, meet the needs of both the labor market and migrants, and address the demographic challenges of the country. Furthermore, the new text complies with European Union law by transposing pending directives and applying EU regulations.
Key Changes: Visas
The new regulation introduces a specific section for visas, clarifying authorization schemes, requirements, and general procedures. All initial authorizations will now be issued for one year, with subsequent renewals lasting four years.
This change aims to prevent situations of irregular status, which the new regulation also addresses by simplifying and clarifying the process of transitioning from one residence status to another. For instance, migrants will no longer need to leave the country to obtain long-term residency after holding a temporary one.
Additionally, the job search visa, previously valid for three months, has been extended to one year. This visa allows migrants to search for employment in specific occupations and geographical areas. The 12-month duration provides migrants with more time to find a job suited to their professional profile while enabling companies to hire the talent they need.
Key Changes: Five Types of “Arraigo”
A notable aspect of the reform is the inclusion of different types of arraigo (rootedness). Spain is the only European Union country with specific mechanisms to regularize individuals through five modalities of arraigo: social, socio-labor, family, socio-educational, and second-chance rootedness, the latter being one of the most significant novelties in the new regulation.
The second-chance arraigo targets individuals who held a residence permit in the last two years but failed to renew it for various reasons.
The goal is to expand and strengthen pathways to regularization for migrants in Spain, enabling them to lead fulfilling lives as citizens, with both rights and responsibilities.
The time required for eligibility for most arraigo types has been reduced from three years to two, and the requirements have been made more flexible. These permits allow migrants to work, either as employees or self-employed, from the outset.
Most of these authorizations will last one year, except for the family arraigo, which will be valid for five years.
Three Pillars of Inclusion: Work, Training, and Family
The regulation creates new opportunities for inclusion, focusing on three key areas: employment, education, and family. These pillars aim to promote inclusion while maintaining strict legal standards and protecting human rights.
1. Employment
The majority of the authorizations covered by this regulation allow migrants to work immediately, without needing to apply separately for a work permit. This includes students, who will now be allowed to work up to 30 hours per week, facilitating their integration into society.
A new residence and work permit has been created for seasonal work, simplifying individual and collective hiring processes. It also enhances worker protections, ensuring clear and accessible information (in a language they understand) about working conditions, housing, and other expenses. Additionally, safeguards are in place to allow workers to change employers in cases of abuse or unforeseen circumstances, such as crop failures.
Employers will also benefit from streamlined processes, greater flexibility to meet specific needs, and more stable hiring conditions through the 1+4 residence permit structure.
2. Education
For students, the regulation introduces a study permit valid for the duration of their academic program. A streamlined process will also allow them to transition to a work permit after completing their studies.
During their studies, students can work up to 30 hours per week, regardless of the type of training they are pursuing.
The new regulation also strengthens the requirements and responsibilities of educational institutions, offering students greater protection than before.
3. Family
Family reunification procedures have been improved to support inclusion. A new residence permit has been created for family members of Spanish citizens, increasing the age limit for children from 21 to 26 and recognizing non-registered partnerships with proof of a similar relationship.
This measure primarily benefits individuals who have acquired Spanish nationality in recent years and want to bring their families to Spain.
Additionally, the concept of family reunification has been broadened to include children and parents of victims of human trafficking, sexual violence, or gender-based violence.
A Comprehensive Step Forward
This new Immigration Regulation is a significant step towards fostering migrant integration in Spain. By prioritizing work, education, and family, it seeks to create an inclusive society while addressing the country’s labor and demographic challenges. These changes ensure that migrants can participate fully as members of society, enjoying both rights and responsibilities while contributing to Spain’s economic and social growth.
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