Reform of the Immigration Regulation
In 2022 the Government approved a reform of the Immigration Regulation (Reglamento de Extranjería) to improve the migration model and help migrants enter the labor market.
The regulatory changes aim to help people already in Spain enter the labor market, strengthen regular migration channels and improve the management system.
To make it easier for people in Spain to enter the labor market, three major changes are introduced.
Encouraging students to stay
First, the rules are improved to encourage students to stay, increasing their opportunities to work and thereby attracting international talent. Students may now combine work and study, provided the work is compatible with their studies and does not exceed 30 hours a week, and the restrictions on students entering the labor market after completing their studies are removed (until now, a three-year stay in Spain was required to obtain a work permit).
Updating arraigo and family reunification
Second, the arraigo (residence based on ties to Spain) and family reunification routes are updated. As for arraigo laboral (employment-based arraigo), the existing route is limited to people who are in an irregular situation but have worked legally during the last two years, and a new type of authorization is created that encourages workers to report undeclared employment and helps fight the underground economy, by proving 6 months of irregular work.
As for arraigo social, the employment contract submitted with the application will no longer be assessed by its duration but by whether it meets the minimum wage (Salario Mínimo Interprofesional, SMI). In addition, the contract may be for fewer hours, with a minimum of 20 hours, where the applicant proves they have dependent minors, and the reform also makes it easier to submit several contracts.
As for family reunification, the reform creates a specific regime for family members of Spanish citizens who wish to keep their family unit together in Spain, and it also relaxes the family reunification requirements where foreign minors, people with disabilities or people in vulnerable situations are involved.
Training-based arraigo
Third, the reform includes a new type of arraigo for training (arraigo para la formación), which grants a residence authorization for 12 months to foreign nationals who have lived in Spain continuously for at least two years, provided they commit to completing formal vocational training. Inspired by the German "Duldung", this route can be extended for another 12 months.
Improvements in regular migration and management
Regarding the measures to strengthen regular migration, the rules introduce three major new features. First, a streamlining of the requirements for self-employed (autónomo) workers from non-EU countries; second, improved procedures for hiring workers in their country of origin, through the automatic inclusion in the Catalog of Hard-to-Fill Occupations (Catálogo de Ocupaciones de Difícil Cobertura) of occupations in the economic sectors determined by agreement of the Government Delegated Committee for Economic Affairs on a proposal from the Ministry of Inclusion, together with shorter processing times.
Finally, the rules also improve the circular migration model, giving greater stability to workers and companies and reducing administrative burdens. Authorizations will be multi-year and will allow holders to work 9 months a year for 4 years, and any sector facing a labor shortage will be able to use this model.
Lastly, the Royal Decree (Real Decreto) also improves administrative management by reducing burdens and creating the Immigration Case Processing Unit (Unidad de Tramitación de Expedientes de Extranjería, UTEX), in order to speed up procedures, move toward a one-stop shop and ensure the immigration rules are applied consistently across all regions. The reform also improves case processing at Consular Offices.
If you are affected by these changes or would like us to handle your case in light of them, do not hesitate to contact us.
