Understanding Spain's new immigration law: Key changes and implications

Spain's new immigration law has come into effect, introducing significant alterations to residency and family reunification protocols for foreigners wishing to reside in Spain. This comprehensive reform aims to streamline procedures across various immigration offices, improve processing times, and address the complexities faced by asylum seekers.

New rules for family reunification

The law modifies the arraigo familiar, which pertains to family reunification for relatives of Spanish citizens. This includes spouses, children, and parents, along with extended family members who can demonstrate dependency. Notably, the age limit for children seeking reunification has been raised from 21 to 26, enhancing family connectivity. However, new restrictions apply to parents and in-laws, where those over 65 must prove financial dependency, except for those over 80.

Changes for foreign students

The updated legislation also introduces favorable conditions for foreign students. They may now work up to 30 hours weekly and complete half of their studies online. Financial requirements have been relaxed, allowing employment contracts to substitute for savings. However, the exclusion of non-work internships from student permits may limit academic opportunities.

Reduced wait for residency permits

Previously, undocumented foreigners were required to reside in Spain for three years before securing legal status. This duration has now been shortened to two years, with permits granted for one year and extendable for four additional years.

New second-chance arraigo

The second-chance arraigo addresses individuals who have lost their residence permits. Those who have lived in Spain for at least two years without legal status may reapply for residency, offering a pathway back into legality for many.

Increased waiting times for residency applications

While the law is designed to expedite processes, it may inadvertently lead to longer waiting times for appointments at immigration offices due to increased workloads. Catalan authorities anticipate regularizing 200,000 migrants within two years, with estimates suggesting that up to 700,000 could benefit from the new legislation.

Extended job-seeker visa

Foreigners will now have up to 12 months to search for employment or establish a business, an increase from the previous three-month limit. This change is expected to facilitate better job matching for both migrants and employers.

Critiques of the new law

Despite its intentions, the law has faced criticism from immigration advocates and legal experts. Concerns have been raised regarding the potential for asylum seekers to be left in a precarious legal status for extended periods. The incompatibility of protective and arraigo statuses for these individuals may further exacerbate their vulnerabilities.

Spain's ombudsman has highlighted the risks posed to unaccompanied minors, warning that they could be condemned to illegal status. Amendments are reportedly being considered to alleviate these issues, but their effectiveness remains uncertain.

In summary, while the new immigration law presents opportunities for many, it also raises critical challenges that warrant close examination and ongoing dialogue.