The recent Royal Decree 1155/2024, issued on November 19, introduces a significant reform to the Regulation of Organic Law 4/2000 on the rights and freedoms of foreigners in Spain. This new legal framework, which will come into effect in six months, introduces key changes to immigration procedures with the goal of facilitating social integration, aligning with European regulations, and strengthening the rights of foreign nationals.
The regulation modernizes immigration policies and focuses on three fundamental areas: access to employment, training, and family inclusion:
Employment: immediate access to work
One of the most significant changes is that residence permits allow individuals to work from the outset without the need for an additional permit. Additionally, the possibility of combining self-employment with employment under an employer is made more flexible, broadening job opportunities for foreign nationals.
Regarding the job-seeking visa, it is now extended to one year, allowing foreign nationals more time to find jobs suited to their profiles in specific sectors.
Training: a focus on talent
The traditional stay for studies is now referred to as stay for studies, student mobility, volunteering services, or training activities, clarifying the categories included under the Royal Decree. Students will have permits covering the entire duration of their studies and will be allowed to work up to 30 hours per week during their studies. Additionally, the process is streamlined to enable them to obtain a work permit quickly after completing their studies.
Another novelty is the elimination of figures like non-labor internships and research activities regulated under the 2013 Entrepreneurs Support Law, integrating them into this broader framework.
Family: inclusive integration
The reform significantly improves family reunification conditions. Highlights include:
- The creation of a residence permit for relatives of Spanish citizens, extending the age of children up to 26 years
- The inclusion of stable, unregistered partners who can prove a stable relationship, reducing the required cohabitation period to 12 months unless the couple has children together
- The expansion of the concept of reunified family member to include relatives of victims of trafficking, sexual violence, or gender-based violence.
Among other innovations, the regulation introduces five figures of arraigo (roots) to facilitate the regularization of individuals who have held a residence permit in the past two years but were unable to renew it for various reasons:
- Social roots: for those who demonstrate family ties or integration in Spain
- Socio-labor roots: based on the possession of an employment contract
- Socio-educational roots: for those enrolled in or attending training programs
- Family roots: reserved for parents of Spanish minors or EU citizens
- Second chance roots: for individuals who lost their residence permit within the last two years.
These figures will initially last one year, except for family roots, which will extend up to five years.
Additionally, the new regulation establishes new provisions for visas, unifying requirements and stipulating that initial permits will last one year, with renewals extending to four years, thus avoiding irregularity.
A legal framework in tune with Europe
With this reform, Spain not only modernizes its immigration legislation but also aligns its legal framework with European directives and the Schengen Borders Code. The new regulation seeks to ensure greater legal security, simplify administrative procedures, and offer new opportunities to foreign nationals and their families, consolidating their social and labor integration in the country.
