A new regulation in Spain could make life easier for hundreds of thousands of migrants looking to settle legally. From 25 May 2025, non-EU citizens who have lived in Spain continuously for at least two years may apply for a temporary residency permit, provided they have a job offer.
This is a significant shift from the previous requirement of three years. Additionally, it is expected to regularise around 300,000 migrants annually. The new regulation does not mean the naturalisation of migrants, only their regularisation, which allows them to reside and work legally in Spain.
The change, part of the updated Immigration Regulations under the Organic Law 4/2000, is being heralded as a potential lifeline for many currently working without official documents. The revised regulation, approved in November, allows for an easier route to residency through what’s known as ‘arraigo sociolaboral’ (social and labour roots), explained Rafael Serrano, a prominent lawyer specialising in immigration law. Serrano noted in Infobae that the reforms would “give many people a way to escape labour abuses that happen when workers are undocumented.”
Eligibility and requirements for residency
To qualify for ‘arraigo sociolaboral’, applicants must meet several general conditions. The applicants must be physically present in Spain and should not be asylum seekers at the time of applying or during the processing of their application. They must prove that they have lived continuously in Spain for at least two years, excluding time spent as an asylum seeker.
Furthermore, applicants must not pose a threat to public order, security, or public health, as outlined by Spain’s Ministry of Inclusion, Social Security, and Migration. They must have no criminal record in Spain or in any country where they have resided in the past five years for offences recognised under Spanish law. Additionally, they must not be listed as “rejected” within the Schengen area or be under a non-return commitment to Spain. A processing fee must also be paid.
Employment contracts and conditions
Specific conditions related to employment also apply. The applicant must present one or several contracts that guarantee at least the minimum wage or comply with the applicable collective agreement, adjusted for hours worked. The total of these contracts must represent at least 20 hours per week. It is permissible to present multiple contracts, especially if the work is seasonal or involves multiple employers.
Employers, on their part, must adhere to stipulations set out in Article 74 of the law, with some exceptions. This route to residency is designed for those able to secure a job offer, meaning it does not extend to individuals looking to establish their own businesses.
Alternative pathways: social roots residency
For those who cannot meet the requirements for ‘arraigo sociolaboral’, another option remains. The ‘arraigo social’ pathway is available to individuals who have lived in Spain for at least two years and have family members already residing in the country or who can demonstrate income equivalent to 100% of the Public Income Indicator (IPREM). Under the new reform, this route also includes provisions for those wanting to start their own business.
The updated immigration regulations represent a shift towards greater inclusion, aiming to regularise migrants who have already established roots in Spain, ensuring they are protected under labour laws and can contribute to Spanish society. The Minister of Inclusion, Social Security, and Migration, Elma Saiz, described the reform as ‘the most ambitious and comprehensive in the last thirteen years.’
Additional clarification on regularisation vs. nationality
There has been a misconception circulating on social media suggesting that the Spanish government intends to nationalise 300,000 migrants per year. This is not accurate. The difference between regularisation and nationalisation is crucial to understand. Regularisation allows migrants residing in Spain to stabilise their status through an administrative procedure, enabling them to live and work legally. However, obtaining nationality through residency, which means becoming a Spanish citizen, generally requires having lived in Spain for 10 years “legally, continuously, and immediately prior to the request.” In cases such as being married to a Spanish citizen or being born in Spain, the required residency period is reduced to one year, and citizens from Latin American countries need only prove two years of continuous residency. Additionally, applicants must pass two exams at the Instituto Cervantes. In no case does regularisation directly grant nationality.