New immigration regulations in Spain: will they benefit me, or should I use the previous ones?

On 19 November 2024, the Spanish Cabinet approved the new Regulations of the Immigration Act (through Royal Decree 1155/2024). The regulations, published in the Official State Gazette (BOE) on 20 November, will enter into force on May 20, 2025. Applications submitted before the new regulations come into force will be processed under the regulations in effect at the time of submission, unless the applicant requests the new regulations to be applied and meets the relevant requirements.

This matter becomes relevant when, due to the regulatory change, the current regulations may be considered more beneficial. We will return to this later.  

Changes to residence permits through integration

The main purpose of the new regulations is to strengthen the migrants’ integration through three key areas: work, education and family. 

One of the main new features is that the time required to apply for regularisation due to social integration is reduced from three to two years. In addition, new categories are included such as social and work integration, designed to regularise those who can demonstrate an active employment relationship, and second-chance integration, which benefits those who were unable to renew their permits and have, therefore, fallen into what is known as “supervening irregularity”. 

Simplification of residency and work procedures

The new regulations also aim to significantly simplify the administrative procedures, reducing the bureaucracy associated with the residence and work authorisations. For example, initial authorisations will last for one year and can be renewed for four-year periods, providing greater stability for both the migrants and their employers.  

Change in family reunification

Family reunification cases have been expanded to include unregistered couples, and the maximum age for children eligible for reunification has been raised, strengthening family unity. In this area, a specific permit is also created for relatives of Spanish citizens, leaving these cases outside the current regulations of Royal Decree 240/2007 for EU citizens and their relatives.

Family integration vs. new authorisation: what is better?

Although, in principle, this new authorisation can be considered similar to the previous one, there are consequences that must be taken into account in order to assess whether it is advisable to start the procedure as soon as possible or it is irrelevant. Here are some examples: 

• Ascendants of Spaniards: they can currently apply for family integration if they are aged over 65 and live in Spain, without the need to prove financial or health reasons. The new regulations do not establish an age limit, but the ascendants must prove that they are dependent on a Spanish relative, lack family support in their country of origin, or live in Spain for humanitarian reasons.
• Other relatives: although the cases have been extended (e.g. in the case of children), by separating these relatives from the Community Regime, their right to reside and work in Spain is no longer automatic but depends on obtaining residence. Therefore, while their application is being processed, they cannot work (which could be done under the Community Regime regulation). In addition, residence will take effect from the moment it is granted and not from the moment it is applied for (as was the case until now and, therefore, the time for applying for nationality started from the application and not from the granting, which can take place months later).

We strongly advice relatives of Spanish citizens who intend to settle in Spain in the short or medium term to seek legal advice from our specialised Immigration Law team.

International students: easier regulations to work in Spain

Other relevant changes will also apply to international students. The new regulatory framework facilitates compatibility between studies and employment, allowing this group to integrate more easily into the Spanish labour market. This measure responds both to the needs of migrants and to the demands of key sectors in Spain such as agriculture, construction and care. 

Conclusion

In short, for the first time since 2011, the new Immigration Regulations are a major change to the rules, improving them in many respects. 

Nevertheless, it is essential to analyse each specific case to determine, depending on each citizen’s personal interests, the best strategy for their migration process and residence in Spain.  

Consultancy on the new Immigration Regulations in Spain

The key to do this is to have a thorough understanding of both the previous and new regulations.

The AGM Abogados team has spent months analysing this regulatory change and even participated in the public consultation process by means of a legal opinion, so it has all the necessary information to provide customised advice.

Please contact us if you need assistance.