New Immigration Reform in Spain: A Game-Changer for Expats and Migrants

In a significant move to streamline and enhance the integration of migrants and expats, the Spanish government has approved a comprehensive new Immigration Regulation. This reform, announced in November 2024, is set to make a substantial impact on the lives of thousands of foreigners living in Spain.

Simplified Residency Process

One of the key features of the new regulation is the simplification of the residency process. Individuals who have been living in Spain illegally for more than two years will now have the opportunity to gain legal residency without fear of recriminations, starting from May 2025. This change is part of a broader effort to regularize the status of approximately 900,000 foreigners currently living in the country without proper documentation[2][4].

Minister of Inclusion Elma Saiz emphasized that the objective is to "streamline the system of regularisation of foreign citizens who are already in Spain, allowing them to lead a full life as legal citizens." The new rules incorporate the concept of "arraigo" (roots), which considers economic, social, family, work, or educational links to Spain as grounds for legal status[2][4].

Extended Job Seeking Visas and Immediate Work Authorization

The new regulation extends the validity of "job seeking" visas from three months to one year, allowing individuals more time to find employment. Additionally, foreigners will no longer need to wait for authorization to work in Spain; they can begin working immediately upon obtaining their NIE number and registering with Social Security. This change is expected to reduce irregular employment and provide greater stability for both migrants and employers[2][4].

Family Reunification and Education

The reform also introduces significant changes in family reunification policies. Foreigners with a relative who is legally recognized as Spanish can now apply for legal residency, including couples who are not married or are common-law partners, provided they can prove a lasting relationship. This move is particularly beneficial for those who have changed their nationality to Spanish and wish to bring family members to Spain[2].

For foreign students, the new rules allow them to work up to 30 hours a week during their studies and provide a fast-track option to link their study permits with work permits once their studies are completed. Educational centers will also have reinforced requirements and obligations to ensure better support for international students[4].

Seasonal Workers and Worker Rights

The regulation includes a specific residence and work permit for seasonal activities, aimed at facilitating the hiring process for both individual and collective workers. It also enhances the protection of workers' rights by ensuring they receive specific and written information about their working conditions, living arrangements, and safety. This includes the right to change employers in cases of abuse or other disruptions to the employment relationship[4].

Impact on Expats and Brexit-Affected Individuals

The new rules are particularly welcome news for expats, especially those affected by Brexit. The regulation eliminates the need to leave Spanish territory to process long-term residence applications after holding a temporary residence permit, a change that could benefit many British expats who have been struggling with residency issues post-Brexit[2].

However, some expats have expressed concerns about the practical implementation of these changes, citing existing difficulties in renewing residency cards and the potential strain on the Spanish administrative system[2].

Public Reaction and Economic Considerations

While the new regulation is seen as a positive step towards integrating migrants into Spanish society, it has also sparked some controversy. President Pedro Sánchez's comments on the benefits of immigration during a visit to Mauritania, Gambia, and Senegal in August 2024 were met with criticism, highlighting the complex and often divisive nature of immigration policies[2].

Despite these challenges, the Spanish government is keen to balance the rights of migrants with the country's economic and social needs. The reform is designed to address Spain's ageing population and meet the demands of the domestic labor market, aligning with European Union law and the result of extensive consultations with various stakeholders[4].

In conclusion, the new Immigration Regulation in Spain marks a significant shift towards a more inclusive and streamlined immigration system, offering new opportunities for expats and migrants to integrate into Spanish society. While there are challenges ahead, the reform promises to enhance the lives of many foreigners living in Spain.