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New Spanish Immigration Regulations: Key Points And Updates

Six months since its publication, today, 20 May, marks the long-awaited entry into force of Royal Decree 1155/2024, of 19 November, which approves the Regulation of Organic Law 4/2000, of 11 January, on the rights and freedoms of foreigners in Spain and their social integration (hereinafter RD 1155/2024). This new Regulation introduces substantial changes to various immigration categories, affecting both foreign nationals residing in Spain and those seeking to regularise their status.

Written for Expat Network by Marta Salvador Mateo, Immigration Lawyer at AGM Abogados

At AGM Abogados, we have closely followed every stage of the approval process for the new Immigration Regulation. Over the past six months, as a team specialising in Immigration, we have conducted a thorough analysis of the draft, the final text, and the published instructions, anticipating its practical impact. Today, we share the most relevant updates of RD 1155/2024:

· Reform of “arraigo” permits: new categories and greater flexibility

The new regulation expands the previous three types of “arraigo” (social, family, and employment) to five: second-chance arraigo (for those unable to renew a previous residence permit), socio-employment arraigo (for those with one or more work contracts of at least 20 hours per week and lasting over 90 days), social arraigo (for those with family ties in Spain or a social integration report and financial means), training-based arraigo (for those enrolled in vocational training under new conditions), and family arraigo (for parents or guardians of minors from the EU, EEA or Switzerland, or those supporting a disabled EU national).

In all cases, the required period of residence is reduced from three to two years.

· Residence for family members of Spanish nationals

One of the most significant changes is the introduction of a specific process for foreign nationals who are relatives of Spanish citizens. The new Regulation defines the eligible family members (spouses; registered partners; stable unregistered partners; children under 26 or over 26 who are dependent; first-degree ascendants; parents or guardians of Spanish minors; children of Spanish nationals; and second-degree relatives providing care to dependent Spanish citizens).

In some cases, the application may be submitted from the country of origin, and spouses, registered partners, and working-age children may work while their application is being processed.

· Updates for students

The new regulation strengthens oversight of authorised educational institutions and sets stricter criteria for studies that qualify for a student stay. Key updates include changes to application deadlines and the inclusion of hybrid learning for higher education, post- compulsory secondary education, and vocational training.

· Minimum stay requirement for non-lucrative residence

Following the elimination of the investor residence permit (the so-called “Golden Visa”), many considered the non-lucrative residence permit as an alternative. However, the new regulation now requires a minimum stay of 183 days per year to renew this permit.

· Stricter rules for international protection applicants

The new regulation imposes additional restrictions on access to other regularisation pathways for individuals with pending or rejected international protection applications. For example, time spent in Spain as an asylum seeker will not count towards the two-year requirement for applying for an “arraigo” permit.

Moving Abroad Checklist

Initial Considerations

Will your partner be travelling with you?

If so, what will they be giving up in your present home and will they be able to continue with their career in your new home? You will need to check whether a separate visa is required for your partner to work or if your visa gives that right. If they are unable to work you will need to decide on the effect on your finances and what alternatives are available to give a fulfilling life (home business, training, voluntary work).

Are you taking family with you?

Moving with family raises many exciting opportunities, but also can create challenges. The HSBC Expat Explorer survey indicates that expat kids can take six months to settle in to their new country (see article). Getting young or even older children to prepare to move and leave their friends and family behind can be a challenge and should be thought through.

The options for education is another area that needs to be thought through.

Moving your child to a new country with a different education system can be a great opportunity to broaden their experience, but if they are close to key exams the timing can make this inadvisable. If you do take your family with you, it is important to decide between joining the local school system or choosing an international school.

Where will you be living?

Whether you will be living in a house or apartment, furnished or unfurnished, these decisions will affect what you need to take with you. The time you are planning to live overseas will also affect whether you should leave your property at home empty, rent it out or sell it. See the article Sell, Store or Ship.