Spain has announced the biggest decision of the year to regularise 900,000 undocumented migrants in the time of three years. The migrants in the country will have to show that they have stayed for a minimum of 2 years to apply for residency or work permit. The new reforms also streamline the processes of international study permit transition, family reunification, and job seeker visas.
The reforms underscore Spain’s economic dependence on foreign workers, with estimates from international organizations like the UN suggesting the need for 250,000–300,000 migrants annually to sustain its welfare system. By simplifying processes and aligning policies with European standards, the government aims to address labor shortages and ensure the inclusion of migrants in the workforce.
Spain Introduces Ambitious Immigration Reforms
The Spanish Council of Ministers has approved a sweeping reform of the country’s immigration regulations, aiming to simplify processes, shorten timelines, and provide greater protections for migrants. This groundbreaking update is expected to benefit approximately 300,000 individuals annually over the next three years.
Announced by Elma Saiz, the Minister for Inclusion, Social Security, and Migration:
The reform marks the most significant overhaul of Spain’s immigration law in 13 years, aligning it with labor market needs, European legislation, and demographic goals.
Key Changes in the Immigration Reform
1- Reduced Residency Requirements for Regularization
Migrants seeking to regularize their status through “roots” mechanisms will now need to reside in Spain for two years instead of three. The law also introduces a fifth type of regularization—second chance roots—in addition to social, work, family, and training roots. These changes enable beneficiaries to work immediately and streamline the process for obtaining and renewing permits.
All five routes are as follows:
| Status Route | Stay Requirement | Requirements | Changes made |
| Social Rootedness | 2 years | – Prove social integration through family ties or a social integration report. | The residency requirement reduced from 3 years to 2 years. |
| Socio-Laboral Rootedness | 2 years | – Employment contracts must meet the weekly hours threshold. | The threshold has been reduced from 30 hours/week to 20 hours/week. |
| Socio-Formative Rootedness | 2 years | – Commitment to training in an in-demand profession. | Applicants can work while pursuing their training. |
| Second Chance Rootedness | 2 years | – Applies to migrants who previously had authorization but couldn’t renew it. | New category allowing regularization of status under specific conditions. |
| The residency requirement was reduced from 3 years to 2 years. | None | – For third-country national parents of EU citizens. | Expanded to include a new statute for family members of Spanish citizens. |
2- Standardized Visa Durations
All initial visas will now have a one-year duration, with renewals extended to four years. This uniformity simplifies application processes and reduces the likelihood of administrative irregularities. Furthermore, the validity of job-search visas has been extended from three months to one year.
Expanded Family Reunification Policies
The immigration reforms strengthen family reunification, introducing a residence permit specifically for relatives of Spanish citizens. Updates include:
- Allowing unregistered couples to reunite by proving an emotional relationship.
- Raising the age limit for beneficiary children from 21 to 26.
- Extending reunification to children and parents of victims of trafficking or gender-based violence.
This change is particularly impactful for migrants who recently gained Spanish citizenship, enabling them to reunite with their loved ones.
Empowering Migrants Through Work and Education
1- Work Authorization from Day One
Most residence permits will allow migrants to work immediately upon approval, eliminating the need for additional applications. This applies to those arriving for studies as well.
2- Training and Career Opportunities
Students pursuing education in Spain will now receive residence permits valid for the duration of their studies. After graduation, they can seamlessly transition to work permits. While studying, they are permitted to work up to 30 hours per week, providing a balance between education and employment opportunities.
Protections for Seasonal Workers
Seasonal migrant workers will enjoy improved protections under the new regulation, including:
- Improved Living Conditions: Protections begin from their departure country and extend to their Social Security registration in Spain.
- Enhanced Work Rights: Contracts must be provided in a language workers understand.
- Freedom to Change Employers: Workers can switch employers in cases of abuse, poor conditions, or unforeseen disruptions like crop failures.
These measures aim to safeguard workers’ well-being while ensuring flexibility in seasonal employment.