Reform of the Aliens Regulation May 2025

• One of the most significant innovations is the expansion of visa classes, among which we find one of short duration (ninety days or less), another of long duration, of airport transit, and one designed for job search, aimed at people with training in sectors with high demand in Spain, such as technology, health and education. The latter extends to descendants of Spaniards of origin, facilitating their legal entry into the country to access the labor market.
• This instrument seeks to encourage the incorporation of qualified talent into the Spanish production system.
• In addition, the reform introduces greater flexibility in the granting of residence permits for students and researchers, allowing the conversion of a study stay into a work permit and removing previous obstacles such as the need to apply for extensions to complete the training in question from a certain time. This measure responds to a policy oriented to the retention of talent and to promote educational and labor mobility in a global context. In addition, they are flexible.
• With regard to the requirements related to the economic dependence of family members of Spanish or Community citizens, the fundamental principles of the previous system are maintained, but simplifications are introduced with a view to speeding up administrative procedures. In particular, the need to demonstrate economic dependence for immediate family members, such as parents or children, is maintained in cases where they cannot guarantee themselves the financial means to cover their basic needs. However, the reform makes verification procedures more flexible, now accepting electronic means as valid evidence of income and expenditure, as well as the submission of affidavits of financial support.
• The legal concept of ‘being in charge’, understood in this context as the commitment of the Spanish or Community citizen to provide sufficient economic resources for the sustenance of a family member, remains valid, although the reform incorporates measures to simplify it. In particular, it is specified that this support must be continuous and meaningful, thus ensuring that family members can access residence without additional difficulties. In the case of ascendants (parents), for whom it was not necessary to prove economic dependence from the age of 65, but only that they were actually ‘in charge’ of the applicant, this age threshold is extended to 80 years, so that parents aged 80 or over can be included without having to prove economic dependence, suffice it to prove that they are in charge of the applicant, that is, that they receive continuous financial support.
• As regards descendants, the legislation provided that children over the age of 21 must continue to demonstrate both economic dependence and the fact that they are dependent on the applicant in order to benefit from the rights deriving from the family reunification scheme. However, the reform increases the minimum age in terms of accreditation of this unit is concerned, extending it to 26 years.

Arraigo continues to be one of the main means of regularization for foreigners in an irregular situation in our country. The reform introduces substantial changes to the arrangements for entrenchment:

• Social rooting: It maintains its status as a means of regularization for those with direct family ties and sufficient financial means. The reform extends the possibilities of access to this figure, reducing the time of stay required from three to two years.
• Socio-educational roots: A new modality of arraigo is introduced that replaces the previous arraigo for training, allowing the regularization of people who want to train in Spain. In addition, the option of working up to 30 hours per week during the training period is enabled, facilitating the social and economic integration of migrants.
• Socio-occupational roots: It replaces arraigo laboral, making the prerequisites more flexible. Now, it will be enough to have pre-employment contracts of 20 hours per week, expanding the possibilities of regularization of people who have worked in Spain outside the international protection system in the last two years.
• Family roots: Parents of Spanish children may regularize their situation through this modality. However, and as we have already mentioned, the reform imposes additional changes related to the ages from which it is (or not) necessary to prove the economic dependent status of the Spanish citizen.
• Second chance rooting: This modality is aimed at people who have lost their legal residence in the two years prior to the application and wish to regularize their situation. It is a key mechanism to address the irregularity that has occurred and to enable the administrative reintegration of these persons into the system.

• One of the most sensitive areas of the reform is protection measures for vulnerable groups. Victims of gender-based violence or trafficking in human beings shall have direct access to residence and work permits, ensuring the immediate protection of their fundamental rights. This reform seeks to provide a rapid and effective response to situations of violence, protecting victims from possible situations of labour exploitation or abuse and extending the concept of family reunification to the children and parents of victims of trafficking, sexual or gender-based violence.

• One of the most important bets of this reform is the digitization of several of the procedures raised in it. From its entry into force, many procedures will be able to be carried out electronically, which will significantly reduce waiting times and increase the transparency of the process. The regulation specifies exhaustively the necessary documents for each type of procedure, eliminating ambiguities and facilitating the preparation of applications. In addition, criteria for the resolution of applications are unified, avoiding discrepancies between the different immigration offices. Efforts will also be made to streamline procedures through the use of digital notifications, hoping to end the delays associated with traditional procedures.

• The new regulation also promotes international mobility, making it easier, for example, for family members of holders of long-term residence who are in other countries of the European Union to apply for residence in Spain without the need for a visa. As for voluntary return, it is established that people who have held a long-term residence and return to Spain within two years of their departure will be able to recover their residence authorization.

• One of the most relevant changes is that the time elapsed as an applicant for international protection will no longer be counted towards the application for arraigo permits. Only the time after the final rejection of the asylum application will be taken into account, which limits the regularisation options for those in this situation.

Between the publication of the Royal Decree and its entry into force (20 May 2025), a transitional period with special rules is established:

• Applications submitted before May 20, 2025 will be resolved in accordance with the previous regulations, unless the interested party expressly requests to adapt to the provisions of the new regulation, complying with the requirements provided.
• Existing residence permits will remain valid under the conditions under which they were granted until their expiry, without the need for immediate adaptation to the new regulatory framework.
• Until 20 May 2026, an exceptional stay permit may be applied for for persons who have been in an irregular situation for at least six months prior to the application and who have received a final negative decision on their application for international protection before 20 May 2025. These people must also meet all the requirements for the arraigo in question with the exception of the temporary one in terms of periods of continuous residence in Spain.