Spain’s new immigration law now allows undocumented migrants to be regularized in the country after spending 2 years instead of 3. The new law can help more than 300,000 foreigners annually in the next three years. The law reforms address key areas such as rootedness, family reunification, seasonal work protections, and transitions from study permits to work authorization.
The Minister of Inclusion, Social Security and Migration, Elma Saiz, herself estimated this figure at 900,000 regularisations of the undocumented foreigners in the country in three years period.
The changes, effective May 20, 2025, streamline requirements and reduce residency durations, making the path to legal residency more accessible for migrants living in Spain. The Council of Ministers ( Consejo de Ministros) approved the law reforms on 19 November. The country has been working hard on regularising the undocumented migrants for a long time and now the decision provides happiness to those waiting for a long time.
Key Highlights of Spain’s New Immigration Law
Spain’s new immigration law reform, published in the BOE this week, introduces significant changes aimed at simplifying and accelerating the process for migrants to regularize their status.
1. Easier Regularization with Rootedness Mechanisms
The reform redefines rootedness categories, reducing the necessary residence period from three years to two years for many cases. Here’s what’s new:
- Social Rootedness:
- The residency requirement in Spain has been reduced from three years to two.
- Applicants must prove social integration through family ties with legal residents or a social integration report.
- Socio-Laboral Rootedness (previously Labor Rootedness):
- Still requires two years of residency.
- Employment contracts must now meet a reduced weekly hours threshold, going from 30 to 20 hours.
- Socio-Formative Rootedness (formerly Training Rootedness):
- Requires two years of residence and a commitment to training in an in-demand profession.
- Applicants can now work while pursuing their training.
- Second Chance Rootedness (new):
- Allows migrants who previously had authorization but couldn’t renew it to regularize their status if they’ve been in Spain for two years.
- Family Rootedness:
- No residency period is required for third-country national parents of EU citizens. Other cases will be covered under a new statute for family members of Spanish citizens.
2. Rootedness and International Protection: Clarifications
Time spent in Spain as an international protection applicant will no longer count toward rootedness eligibility. However, as a transitional measure, asylum seekers whose applications are rejected will only need six months of residence (down from two years) during the first year of the new regulation, provided they meet other requirements.
3. Protections for Seasonal Workers
Seasonal workers gain improved safeguards, including:
- Specific contracts with details in their native language.
- The right to switch employers in cases of abuse or unforeseen issues like crop failures.
- Enhanced living and safety measures from their departure to registration with Social Security.
4. Enhanced Family Reunification
The reform introduces a dedicated residence permit for family members of Spanish citizens with broader eligibility:
- Expands the age limit for dependent children from 21 to 26 years.
- Recognizes non-formally registered couples with proven emotional ties.
- Facilitates reunification for family members of victims of trafficking or gender violence.
5. Streamlined Transition from Study to Work
Students in Spain will enjoy a smoother path from education to employment:
- Residence permits will last the duration of their studies.
- A fast-track process will link their permits to work authorization upon graduation.
- While studying, students can now work up to 30 hours per week.
6. Simplified Permits and Renewals
- All initial authorizations will now be valid for one year, with renewals extended to four years.
- Visa holders can seamlessly transition between temporary and long-term residency without leaving Spain.
- Job-seeking visas are extended from three months to one year.