Unlocking new opportunities: Key changes in the foreigners´ regulation reform

The Council of Ministers has approved a new Foreigners’ Regulation (Real Decreto 1155/2024, dated November 19^th 2024, which approves the Regulation of Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration), a far-reaching reform that modifies the regulatory framework in place since 2011 and its subsequent amendments.

The reform of the foreigners’ regulations is a highly relevant topic today, as it affects thousands of people who seek to establish themselves legally in a new country. The main objective of this reform is to update and improve the existing regulations to better align with current needs and realities. In this article, we unveil all the new developments incorporated into the regulations.

Main Changes in the Foreigners’ Regulations

1. Simplification of Procedures
   One of the most significant changes is the simplification of administrative procedures. The goal is to reduce bureaucracy and streamline the processes for obtaining residence and work permits. This includes eliminating the redundant submission of documents and repeated verification of requirements.
2. Flexibility in Requirements
   The reform introduces greater flexibility in the requirements for obtaining visas and permits. This includes the possibility of regularizing the status of individuals already in the country who meet certain criteria.
3. New Types of Residency Based on Social Ties

• Labor Ties
  2024 Draft: Labor ties remain with the same requirements, meaning immigrants who have worked in Spain for at least six months can regularize their status. However, as an improvement, procedures are simplified, and verification processes are expedited. Additionally, the option to submit electronic evidence of employment relationships, such as digital contracts and pay slip records, is introduced.
• Social Ties
  2024 Draft: Social ties remain for those who have lived in Spain for at least three years and can demonstrate family connections or a social integration report. Improvements in flexibility are introduced, and obtaining the social integration report is facilitated. Now, part-time work contracts will also be accepted, and evidence of social integration through community activities and volunteering will be allowed. The residence requirement for applying for the new sociolaboral social ties status is reduced to just 2 years.
• Family Ties
  2024 Draft: Family ties are maintained for foreigners who have direct family members in Spain, such as minor children or spouses of Spanish citizens. The requirements are simplified, and the verification process is expedited. Furthermore, the definition of «direct family members» is expanded to include domestic partners and other dependent relatives.
• Training Ties
  Training ties allow immigrants who have resided in Spain for at least two years and wish to pursue studies or vocational training to regularize their status.

2024 Draft: The socio-training tie is introduced, which is an evolution of the training ties. This new type of residency further facilitates integration through education and vocational training. Online training programs (50%) will be accepted, and a combination of studies and work will be allowed. This residency can be requested not only after committing to start a course but also if already enrolled or if the course has already started. Vocational training at level 1, in addition to levels 2 and 3, will be part of the accepted courses. A social integration report will also be required as part of the documentation. During the period of this new socio-training residency, individuals can work up to 20 hours per week. Active job search or proof of previous employment relationships will also be accepted as valid reasons to renew or extend this residency for an additional year.

• Second Opportunity Residency (new)
  2024 Draft: A second opportunity residency is introduced for those who have faced difficulties in their integration process and need a new chance to regularize their status. This type of residency did not exist in the current regulation and is designed to offer a regularization path to individuals in particularly vulnerable situations. It applies to those who have contributed to social security for at least 6 months in Spain and later became irregular. The individual must have been in Spain for at least 2 years, and it will also apply to asylum seekers or those with international protection who contributed to social security during this period (minimum 6 months).

1. Protection of Rights
   Measures are strengthened to protect the rights of immigrants, ensuring fair and equitable treatment. This includes protection against labor exploitation and access to basic services such as health and education.
2. Changes to the Student Visa
   The reform brings positive changes for students, such as extending the validity of visas for the entire duration of studies and allowing the family members of students to apply for joint applications from their home country. Additionally, student visas will be considered under positive administrative silence, meaning that if no resolution is received within a month, the application is considered approved.
3. Regularization of Exploited Foreigners
   The regularization process will be facilitated for foreigners who have been exploited in the workplace or who are victims of gender-based violence.
4. Temporary Residence Card for Family Members of Spanish Citizens
   A specific temporary residence card is introduced for family members of Spanish citizens, simplifying the requirements and processes for obtaining it. This includes spouses, domestic partners, and direct descendants and ascendants of Spanish citizens. It is a 5-year card that allows residence and work in the country, with significant changes and advantages, allowing applicants to acquire the right to work from the moment they submit their application (without waiting for a resolution).
5. Economic Dependency and Being Dependent

• Economic Dependency
  2024 Draft: The need to demonstrate economic dependency for family members of Spanish or EU citizens to cover basic needs remains, but the requirements are simplified, and the verification processes are expedited. Electronic proof of income and expenses will be accepted, and sworn statements of financial support will be allowed.
• Being Dependent
  The concept of «being dependent» means that the Spanish or EU citizen provides the necessary financial resources to support the family member. This support must be continuous and significant. For ascendants over 65 years of age, there is no need to demonstrate economic dependency, only the «being dependent» status.

2024 Draft: The concept of «being dependent» remains with the same requirements, but procedures are simplified, and verification processes are expedited. Electronic proof of bank transfers and other forms of financial support will be accepted.

Age Requirements

• Ascendants: For parents of Spanish or EU citizens, if they are over 65 years of age, there is no need to demonstrate economic dependency, only the «being dependent» status. In the new 2024 draft, the age threshold for not having to demonstrate dependency for ascendants (parents) is raised to 80 years.
• Descendants: For children over 21 years of age, both economic dependency and the «being dependent» status need to be demonstrated. In the new 2024 draft, the age limit is raised to 26 years for descendants who need to prove dependency.

Impact on Society

• Social Integration
  The reform aims to facilitate the social integration of immigrants, promoting their active participation in the community and access to personal and professional development opportunities. Additionally, the children and grandchildren of Spanish citizens by origin can apply for a job search visa from their home country, which will give them a 6-month period to come to Spain and look for work. This visa will also be available to foreigners eligible for certain jobs or sectors that require more workers, such as occupations on the shortage list and hard-to-fill positions. The job catalog will vary by autonomous community.
• Economic Benefits
  The regularization of immigrants’ status can have a positive impact on the economy by increasing the workforce and fostering entrepreneurship and innovation.

Conclusions
The reform of the foreigners’ regulations represents an important step toward more efficient and humane immigration management. By simplifying procedures, offering greater flexibility in requirements, and protecting the rights of immigrants, the goal is to improve their quality of life while contributing to the social and economic development of the country.

Sandra Márquez

Lawyer

CEO Expat & Legal Spain