Integration and inclusion: How Spain is paving the way with its new immigration rules

This Royal Decree introduces new reforms approved by the Council of Ministers aimed at improving the integration of migrants in Spain. The new regulation is adapted to the current migratory situation and EU directives addressing labour market demands and demographic challenges.  

In addition, administrative procedures and timelines have been streamlined, eliminating redundancies and strengthening the rights of migrant workers.

The following is a summary of the key changes.

Validity of permits and visas

Under the new rules, all initial permits will be valid for up to one year, with most renewals granted for a period of four years. The job search visa is extended to one year, facilitating the search for employment aligned with professional profiles.

The 90-day re-entry permit is currently issued only for a single entry. Under the new rules, no restrictions will apply to entries and exits using a single permit.

Work authorisations for specific durations

These types of authorisations are valid for four years and are regulated as a specialty within initial residence and work permits for employees. Additionally, self-employment will now be allowed alongside principal employment.

Residence authorisation for family members of Spanish nationals

A new chapter is being introduced to regulate temporary residence permits for relatives of Spanish citizens.  

New regularisation mechanisms

Five new types of arraigo residence channels (e.g. social, labour, family) are introduced, including a new ‘second chance’ mechanism for regularising individuals whose permits were not renewed in the past two years.

Stay for studies

The regulation clarifies the types of studies or training activities eligible for permits and defines the institutions and centers where these activities can take place. A new Registry of Institutions and Higher Education Centers will be created. Certain students will retain the right to work up to 30 hours per week.

The process for granting stay permits to students and their family members has been improved, allowing applications to be submitted while the applicant is already present in Spain.

Van Der Elst visa process

The procedure for residence authorisation with an exception to the work authorisation requirement will apply to foreign nationals holding a valid work permit in a European Union Member State who are transferred to Spain within the framework of a transnational service provision, as defined by the posted workers law.

Long-term residence

Minor procedural changes have been introduced to align with the 2003 EC Directive on the status of third-country nationals who are long-term EU residents. The regulation also partially transposes the 2021 EU Directive regarding the calculation of legal residence periods for holders of EU Blue Cards.

Changes to the status of foreign nationals in Spain

Major updates have been made compared to the previous regulation, primarily to partially transpose the 2024 Recast EU Single Permit Directive into Spanish law.

Takeaway for employers

According to the Government, these new reforms focus on three key pillars: employment, training, and family. These are considered as fundamental components for migrant inclusion, with a strong emphasis on human rights. They represent a significant step forward in Spain’s migration policy, offering new opportunities and guarantees for both migrants and businesses.

The new Royal Decree will come into effect on 20 May 2025.

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