Understanding Spain's transformative immigration law: Key changes explained

Spain's new immigration law has come into effect, bringing significant modifications to residency, legal status, and family reunification for foreigners wishing to settle in the country. As this legislation unfolds, it is crucial to grasp its essential components, which aim to streamline processes and enhance protections for various migrant populations.

The new law, effective from May 20th, introduces over 260 changes intended to unify criteria across Spain's immigration offices, improve processing times, and address the legal uncertainties faced by asylum seekers. Among its objectives is to reorganize visa categories to align with European Union standards regarding worker protection and the rights of victims of violence.

Here are seven key points to understand the implications of Spain's updated immigration framework.

New rules for the arraigo familiar

One of the most significant updates pertains to the arraigo familiar, which governs family reunification for relatives of Spanish citizens. This category now allows for the inclusion of children up to the age of 26, an increase from the previous limit of 21. Additionally, new stipulations have been introduced for the reunification of parents and in-laws, requiring individuals over 65 to demonstrate financial dependency on their Spanish family member, unless they surpass 80 years of age.

Changes to the status of foreign students (arraigo socioformativo)

Foreign students will now enjoy the ability to work up to 30 hours per week and complete half of their studies online. Financial requirements have been relaxed, permitting justification through employment contracts or job offers rather than solely through personal savings. Student permits will now be valid for the duration of their studies, although non-work internships and research activities have been excluded from this category, potentially limiting academic opportunities.

Reduction in length of stay before residence permit

Undocumented foreigners who reside in Spain previously faced a three-year wait before qualifying for legal residency. This period has now been reduced to two years, with initial permits lasting one year and extendable for four additional years.

New arraigo de segunda oportunidad

The second-chance arraigo is designed for individuals who previously held a residence permit but were unable to renew it due to various circumstances, such as insufficient contributions or job loss. Those who have resided in Spain for at least two years post-expiration of their permit may now reapply for legal status.

Potentially longer waiting times for residency matters

While the law aims to simplify processes, it may inadvertently lead to longer waiting periods for appointments at immigration offices. Catalan authorities estimate that they will regularize the residency status of 200,000 migrants over the next two years, with some estimates suggesting that up to 700,000 migrants could be affected under the new regulations. In anticipation, the Spanish government has committed to hiring an additional 750 staff members to manage the increased workload.

Changes to job-seeker visa

The revised legislation permits foreigners to reside in Spain for up to 12 months while searching for employment or starting a business, an expansion from the previous three-month limit. Elma Saiz, Spain's Minister of Inclusion, Social Security, and Migration, emphasized that this change aims to better align job opportunities with professional qualifications, benefiting both individuals and employers.

The challenges of the new law

Despite its intentions, the law has drawn criticism from immigration lawyers and NGOs for various shortcomings. Notably, it poses risks for asylum seekers whose applications may leave them in legal limbo for extended periods. The incompatibility of protected status and arraigo for these individuals could exacerbate their vulnerability. Ángel Gabildondo, Spain's ombudsman, has cautioned that the legislation might adversely affect unaccompanied minors, potentially condemning many to illegal status.

Ongoing discussions suggest potential amendments to address these concerns, although the effectiveness of such changes remains uncertain. Furthermore, some migrant workers contributing to Spain's social security system may find their rights affected, raising alarms among advocacy groups.

In light of these challenges, there are proposals for a blanket regularization of undocumented migrants in Spain, a measure backed by various political factions, except for the Vox party.

Spain's new immigration law represents a substantial shift in the country's approach to migration and residency. By enhancing family reunification processes and providing new avenues for legal status, it aims to create a more inclusive framework. However, the legislation's implementation will require careful monitoring to ensure that its benefits are realized without compromising the rights and security of vulnerable populations.