NEWS FROM SPAIN – Reform for Migrants November 2024

In this article, I will outline the significant changes in Spain’s immigration policy set to take effect soon. These changes will affect many migrants, especially students, so it’s important to familiarize yourself with them in advance to avoid any unpleasant surprises.

1. Overview of Spain’s Immigration Policy

In October 2024, Spain’s Prime Minister Pedro Sánchez announced new initiatives aimed at speeding up the legalization process for migrants already residing in the country. He emphasized that an open immigration policy is crucial for Spain’s sustainable development, especially in the context of increasing migration.
Unlike many other EU countries, Spain supports more humane approaches to migration and actively works on the legalization of those who are already in the country.

2. Key Changes for Students

One of the most notable changes will be the new process for obtaining student visas:

• Student Visa for Higher Education Only: A student visa will now be issued only for studying in universities and higher education programs. For language or vocational courses, students will need to apply for a visa at consulates outside Spain, which may create additional challenges for students over 30 or those traveling with families.
• Student Families: Families of foreign students will be able to stay in Spain and obtain the necessary permits without having to leave the country. This will significantly simplify the integration process.
• Visa for the Entire Duration of Studies: Student visas will now be granted for the entire duration of studies, removing the need for annual visa renewals. However, students will need to confirm they are continuing their studies each year.
• Transition to Residence Permit with Work Rights: After staying in Spain for more than a year, students will be able to transition to a residence permit with work rights. The work should not interfere with their studies, and students will be allowed to work up to 30 hours per week, helping them integrate into the labor market.
• Limitations on Visa Renewals: The extension of student visas will now be limited. For example, language course visas can be extended only once, and vocational program visas twice.
• Requirements for Language Course Visa Extensions: To extend a visa for language courses, students will need to pass the DELE exam or be registered for it. This requirement has already been implemented in some regions of Spain.
• Automatic Visa Approval: If no response is received to a visa request within a month, the visa will be automatically approved. This measure is intended to speed up the process, though its effectiveness remains to be seen.

3. New Opportunities for Migrants: Residence Permits and Work Rights

• Unified Permit: One key change will be the introduction of the "unified permit," which will allow migrants to live and work in other EU countries based on a single document. However, this right will be limited until the migrant acquires permanent residency status in Spain.
• Residence Permit Extensions: Residence permits, except for the “no lucrative” category (non-profit), will now allow migrants to work both as employees and self-employed. The extension period for residence permits will be increased to four years, after which one can apply for permanent residency.
• Family Reunification: Relatives of Spanish citizens will be able to apply for residence and work permits regardless of their dependent status. The age limit for children who can be included in family reunification is increased to 26 years. For reunification with ascending relatives (parents, grandparents), the age limit is set at 80 years.
• Easier Access to Residency Through the “Social Integration” Program (Arraigo): To qualify for a residence permit based on social integration, migrants will now only need to have lived in Spain for two years (down from three years previously).
• Support for Women: Women who are victims of violence, along with their children, will have the right to reside and work in Spain, which is an important step in protecting vulnerable groups.

4. Changes in Labor Migration

• Updated Occupation List: A new regulation will update the list of hard-to-fill vacancies, making it easier for foreigners to find work in Spain, especially in sectors facing labor shortages.
• Extension of Job Search Visa: The duration for job search visas will be extended from three months to one year, giving migrants more time to find suitable employment.
• Simplification of Employment Process: It is important to note that to obtain a work permit, migrants will no longer need to constantly change their visa status or submit additional documents. The permit will be automatically renewed for four years.

5. Family Reunification Changes

• Relatives of Spanish Citizens: Family reunification will be simplified. Relatives of Spanish citizens will now be able to apply for residence and work permits regardless of their dependent status. Additionally, the age limit for reunification with ascending relatives (parents, grandparents) will now be 80 years.
• New Status for Relatives of Spaniards: A new regime for relatives of Spanish citizens will soon be introduced in Spain, which will avoid confusion around visas and family reunification statuses.

6. Simplification of Immigration Processes for Migrants

• Shorter Residence Permit Processing Times: Migrants will now be able to apply for a residence permit through the “arraigo” program after only two years of residence in Spain (down from three years).
• Digitalization of Processes: The introduction of digital technologies in processing visa and residence permit applications is expected to speed up the process and reduce bureaucratic burdens.

7. Conclusion

The recent changes in Spain’s immigration policy promise significant improvements for migrants, including students, labor migrants, and their families. These changes aim to simplify the legalization process, improve conditions for working and living in Spain, and support vulnerable groups.

If you plan to move to Spain or are already in the country, it’s important to stay updated on these new opportunities and make sure you take full advantage of the changes in the law. Stay informed to avoid missing out on the chance to legalize your status and improve your situation.

Thank you for your attention, and see you next time!