Reform Spanish Immigration Regulations: Changes expected in 2025

In recent months, the potential reform of Spain`s Immigration Regulations has generated great anticipation among legal professionals and the migrant community. At Gentile Law, we aim to ensure you are well-informed about the key changes that may be introduced in 2025, should this reform be approved. Under the leadership of the Minister of Inclusion, Social Security, and Migration, Elma Sainz, the Spanish government has proposed measures aimed at facilitating the regularization of immigrants, opening new opportunities for legal residence and employment in Spain. 

What does the Immigration Regulation Reform entail? 

This reform has the following main objectives: 

• Flexibility in the requirements for obtaining residence and work permits
• Reducing the minimum stay period in Spain from three to two years to access certain types of arraigo, such as sociolaboral arraigo 
• Facilitating access to temporary residence for foreigners already residing in Spain and seeking to regulate their status

Key Changes in Arraigo (Social Integration)

One of the most anticipated and significant changes is the transformation of arraigo, a fundamental tool for the regularization of immigrants. The main types of arraigo that will be reformed include: 

• Second Chance Arraigo: This type of arraigo will allow immigrants who have worked in Spain, even without proper authorization, to regularize their situation. To qualify, it will be necessary to:
  • This formula offers a second chance to those who, despite being in an irregular situation, have contributed to the Spanish labor market and now have the opportunity to regularize their status and continue working legally. 
    • Provide proof of 6 to 12 months of work in the previous two years
    • Compatibility between self-employed and employed work will be allowed, a flexibility that was previously limited
• Sociolaboral Arraigo: One of the most important innovations in the new regulations, this will allow immigrants who have lived in Spain for at least two years to obtain legal residence if they present one or more work contracts totaling at least 20 hours per we. This modality is aimed at individuals already integrated into the labor market, making regularization easier without the previously strict requirements.
• Social Arraigo: While the requirement of three years of continuous residence in Spain remains, the new regulations introduce an important modification: it will no longer be necessary to have Spanish family members to access this type of arraigo. Additionally, the criteria for demonstrating social ties and economic means will be simplified, making the regularization process more accessible to a greater number of immigrants.

Changes in the Labour Sector

One of the pillars of this reform is to protect the right of foreign workers and facilitate their access to the labour market in a regular and secure manner. The most important changes in this area include:

• Work Compatibility: In sectors like agriculture, where many workers have multiple employers, multiple simultaneous work contracts will be allowed to meet the necessary labor relationship requirements for arraigo. This measure is particularly beneficial for temporary and seasonal sector where employment tends to be partial and with multiple employers.
• Requirements for Salaried Workers: Depending on the hours worked, the requirements to regularize the situation are as follows: 
  • Their flexibility in hours and contract duration aligns with the reality of many foreign workers, facilitating their inclusion in the system. 
    • 30 or more hours per week: 6 months of labor relationship must be proven
    • 20 to 30 hours per week: 9 months of work must be proven
    • 15 to 20 hours per week: 1 year of work must be proven 
• Protection for Victim of Labor Exploitation: One of the most important advances is the introduction of new protection for victim of labor exploitation. Immigrants in situations of abuse or exploitation will be able to change employers without needing to meet additional requirements, ensuring their right to work in dignified conditions. 

Innovations for Foreign Students

Foreign students will also benefit from this reform, which introduces measures that simplify their stay and transition to the labor market:

• Residence Permits for the Full Duration of Studies: A major change is that students will no longer need to renew their residence permits annually; instead, the permit will be valid for the entire duration of their studies. This significantly reduces bureaucracy and allow international students to plan long-term. 
• Quick Access to the Labor Market: Once they complete their studies, foreign students will have quick access to a work permit, allowing them to start working without interruption. This measures facilitates the transition of students into the Spanish labor market, enabling them to contribute to the country`s economy immediately. 

Improvements in Family Reunification

Another key aspect of the reform is family reunification, which will be significantly simplified. The main changes include: 

• Flexibility in Economic Requirements: The criteria for proving the necessary economic resources for family reunification will be simplified, making it easier for more people to bring their relatives to Spain.
• Special Category for Relatives of Spanish Citizens: A special category will be created for the relatives of Spanish citizens, granting them preferential treatment under European Union regulations. This includes spouses, children, and other direct relatives, allowing for a mother and less bureaucratic reunification process.

Collective Contracting and Seasonal Work 

The reform also addresses temporary work and the collective contracting of foreign workers: 

• Collective Contracting in the Country of Origin: Improvements are introduced in the procedures for collective contracting, especially in sectors such as agriculture and hospitality, where there is high demand for foreign labor. Employers will be able to manage these contracts more efficiently and in a simplified manner. 
• Seasonal Work: Foreign workers will be able to obtain permits for seasonal activities, with clearer and faster processes, benefiting both employers and workers who depend on these activities. 

The reform of the Immigration Regulations in Spain promises to transform the immigration landscape, making regularization easier and expanding the rights of thousands of immigrants already residing in the country. These new measures not only simplify bureaucratic procedures but also aim to protect immigrants from labor exploitation and guarantee their access to employment and educational opportunities. 

At Gentile Law, we have a team of professionals specialized in immigration law, dedicated to providing personalized advice and comprehensive assistance to our clients. We understand that every case is unique, and we are here to help our clients navigate the potential changes to the Immigration Regulations and how they might affect their individual situation.