The reform of the Immigration Regulations is now in force

On 20 May, the new reform of the Immigration Regulations came into force, presented as the most ambitious since its entry into force in 2011.

The key objectives of this new regulatory framework are to adapt to the reality of migration, respond to the demands of the labour market, and address the demographic challenge facing Spain. In addition, the regulation seeks to guarantee rights, simplify procedures, expand avenues for regularisation, and align Spanish legislation with European regulations.

Currently, a significant portion of the population residing in Spain is of foreign origin, and numerous visas and permits are granted annually. However, significant challenges remain, such as labour and educational discrimination affecting migrants. Against this backdrop, the new Regulation is structured around three pillars: work, training and family, with the aim of facilitating the integration of migrants while improving the competitiveness of the Spanish labour market.

Levers for inclusion: work, training and family 

Work

The new Immigration Regulations prioritise access to employment as a key tool for integration. Among the most notable measures are:

1. Immediate work permits: Most residence permits will automatically enable the holder to work without the need for additional paperwork.
2. Improvements in recruitment at source: Individual and collective recruitment is facilitated through more agile and secure processes. Collaboration with third-country authorities and involvement with social partners is also strengthened.
3. For seasonal activities, the Regulations introduce a specific authorisation, ensuring decent working conditions and simplifying procedures for employers.

Training

The reform strengthens the link between education and employment. Now, foreign students will be able to:

• Have a study permit that lasts as long as their training.
• Work up to 30 hours per week while studying and take up to 50% of their studies online, facilitating the reconciliation of learning and economic integration.
• Quickly obtain a residence and work permit after completing their studies, eliminating bureaucratic barriers for those who obtain a degree in Spain and simplifying the transition of status.

In addition, stricter controls are established over training centers, guaranteeing quality standards and preventing fraud in the field of education.

Family

Family reunification is also improved by the reform of the Regulation in several ways:

• New permits: A new permit for relatives of Spanish citizens is introduced, allowing both immediate and extended family members to be reunited. 
• Expansion of cases: Now includes unregistered couples, children up to the age of 26, and relatives of victims of gender-based violence, trafficking, or sexual violence.
• Improved family reunification, both for foreign residents and for Spanish citizens with foreign family members residing outside Spain.

These measures seek to strengthen family ties and promote the social inclusion of migrants.

Main changes to the Immigration Regulations 

New regulations on visas

With the reform, new regulations have been introduced for visas, which now include:

• Initial duration of one year: All initial authorizations will be valid for one year.
• Extension of the job search visa: This permit, designed for specific professional profiles, is extended to 12 months (previously three months), facilitating entry into the labor market.

New forms of arraigo

Following the reform, Spain continues to be a pioneer in creating specific forms of regularization for migrants in an irregular situation. The new Regulation introduces five types of arraigo, including the second chance arraigo, which allows those who lost their residence permit in the last two years to regularize their situation.

In addition, the time requirements have been reduced: the length of stay in Spain required to access the rootedness categories (except for family members) has been reduced from three to two years. This allows for more flexible access to regularization and labor integration, with permits that allow people to work from day one.

Expected impact and future challenges following the reform

The government estimates that this reform could regularize up to 300,000 people per year over the next three years. In addition, by aligning itself with the European Pact on Migration, the Regulation seeks to reinforce Spain's commitment to human rights and international cooperation.

The new Immigration Regulation aims to be a milestone in Spain's migration management. By simplifying procedures, expanding rights, and facilitating regular channels for residence and work, the regulation seeks to strengthen legal certainty for both migrants and employers.

It also aims to strike a balance between the needs of the labor market, the rights of migrants, and demographic challenges.

With measures ranging from regularization based on ties to the country to improvements in recruitment at source and family reunification, the reform aims to mark a turning point in Spanish migration policy, with the main objective being to lay the foundations for more effective integration. 

However, it will be necessary to see how these measures are implemented in practice. For now, several instructions have been approved that clarify vague aspects of the new regulations, such as permits for relatives of Spanish citizens or authorizations for exceptional circumstances linked to roots. At the same time, given the gaps left by the reform, which could lead to thousands of people—especially asylum seekers—becoming undocumented, the government is negotiating with parliamentary groups on a popular legislative initiative for extraordinary regularization.

In this changing context, it will be essential to stay abreast of regulatory developments and administrative criteria in order to adapt legal strategies and keep pace with a constantly evolving scenario.

How can CECA MAGÁN Abogados help you with the reform of the Immigration Regulations?

At our firm, we specialize in immigration law and the management of procedures related to foreign nationals. The recent reform not only affects individuals, but also opens up new opportunities for companies that need to attract international talent or manage the regularization of foreign workers. For example, improvements in hiring at source and the extension of the job search visa are key tools for companies to fill strategic vacancies more quickly and securely.

Likewise, this reform establishes a regulatory framework that facilitates processes such as regularization through roots, family reunification, or access to work and training permits. In this context, it is essential to have specialized advice that guarantees compliance with legal requirements and allows both companies and migrants to take advantage of the new opportunities offered by the regulation.

In these cases, the technical knowledge and experience in this area that characterize our firm can be decisive in successfully addressing this new legal scenario. You can contact our team here.

Patricia Ruiz

Manager in the area of international mobility and immigration