Immigration reform of July: Spanish immigration laws changes for better

New changes in Spanish immigration laws, some currently approved and others pending ratification, modify a range of important immigration-related concepts quite significantly. Given the high number of queries received, we decided to publish an extract of the three major regulatory blocks, both already in force, and those expected to be approved in the short-term perspective.?

What have exactly changed or going to change?

• The Reglament of the Foreigners law, applicable to situations of the general (non-EU/EEA) immigration regime and that includes important changes of access, renovation and modification residence authorizations or stay in this framework - has been published in BOE on 07/27/2022 and are effective from? August 16;
• the Democratic Memory Law - although it is not focused on migration policy, the inclusion of relevant changes in migration policy is expected; The text has been approved in the Congress on 07/15/2022 and is sent to the Upper Chamber of the Cortes that initiated its proceedings in September;
• and, finally, the approval of a long-awaited Startup Law is expected, in the last quarter of the year. It will bring changes to the regulation of residence permit issuance for entrepreneurs and the foreign talent.

In this article, we explain the main novelties derived from the modification of the immigration norms in force since August, 16. Later on, we will publish separate briefings on the rest of the mentioned norms.?

Immigration Law Application Reglament

In force since August, 16

This modification introduces substantial changes in several regimes of the current Foreigners Law, making a clear and determined commitment towards making it easier for? foreign workers to access the labor market of Spain.?

A short-stay visas modification of the regime for studies, training, non-work practices or volunteer activity, making it possible to work while studying, training and being a volunteer or trainee (both as hired personnel, or as self-employed), as long as work does not interfere with these activities. Also, the norm provides that, once the studies have been concluded, such persons may now apply for the initial residence and work permits without leaving Spain, and/or without having to wait for three years.?

It also becomes easier for the family members to join their relatives residing in Spain. Economic requirements are made more flexible and easier to demonstrate. In case of the children, the norm is now more focused on their best interest when, allowing them to join their parents in Spain or vice versa. Also, those receiving residence permit on familiy reunification grounds, now get the work permit immediately, too.?

Initial employment-related residence permits, the criteria related to the national employment situation have been easied. This new procedure, focused on the urgency and the need of employers to hire foreign workers immediately, will simplify and speed up closing the vacancies and getting the residence permit.?

Initial self-employment residence permits do not require the prior start of said activity anymore, but its regulatory compliance is required in relation to its future operations, as well as? a proof of the sufficiency of the planned investment.?

Renewals of residence permits for employees and self-employed also changed for the better. Now, these will be prolonged for four, not two years, as before. Also, both permits will allow the holder of the extended residence permit to become a hired worker even if they were initially given a self-employed work permit, or start a business, becoming a self-employed, without having to modify their residence permit, even if a person was holding a employee residence permit.??

For the undocumented migrants, a fourth modality to obtain a residence permit is offered. It is called integration by training (arraigo por formación). Under this new path to a legal status, those who have stayed in Spain for at least a year, and completed a government-regulated training for a certain skill or profession, are eligible for this new type of the residence permit.?

The labor integration (arraigo laboral) path now allows to prove the work activities carried over a two-year period of undocumented stay in Spain, by means of paying social security contributions or court decision that recognizes the fact that the applicant have worked in Spain. The solicitant should demonstrate social security payments equivalent to 30 hours per week over a period of 6 months, as either self-employed or employed.?

Social integration (arraigo social) path maintains its previous three-year stay requirement. Now, proving the means of subsistence by work, is easier for those with dependent minors; also, not one, but several job contracts can be presented for less than full-time each, as long as the combined income is higher than the Minimumum Interprofessional Salary (around 14000€ per year before taxes as of October 2022). Also, the minimum 1 year duration of these contracts is not required anymore.

Family integration path (arraigo familiar) maintains its requirement for the Spanish family member to be originally Spanish (not a naturalized citizen). Yet, younger ascendants under 65 years of age are now allowed to benefit from it, as well as descendants older than 21 years.

This regime effective from August 16, 2022. Whoever extended or have gotten their residence permits under the previous regime,? may request the Spanish immigration authorities to apply the new terms to them in a separate application.?

Conclusions

The norms analysed, both those approved and those currently pending ratification, outline a new scenario for Spanish immigration policy. However, we should maintain the due prudency, as the the state administration have not yet acquired the experience in practical application of the new norms, and have not yet developed the internal instructions in that regard. Once these latter are made public, we will be able to outline the practical implications of the changed norm more precisely, as well as the real possibilities opened up by the regulatory modifications.?

From our point of view, the legislator's intention was to flexibilize, rationalize, and simplify several immigration regimes. Three final goals can be seen: to paliate the shortage of certain profiles of workforce on the Spanish labor market, to remedy the historical wrongs caused by the Francoist dictatorship, and make a move to attract international excellence and talent. All that elevates the Spanish normative framework of international mobility to the height of our European counterparts.

By Marc Pairó Pujol.