Else Beekman
Spain’s long-awaited overhaul of its immigration rules comes into force today. The government is introducing a raft of changes to simplify the system and better reflect the country’s evolving social reality. The reform could pave the way to legal residency for up to 900,000 people over the next three years.
The government approved the updated regulation in November 2024 and now hails it as a necessary and progressive step. However, not everyone agrees. Migrant rights organisations and political opponents have raised concerns about how the changes could negatively affect vulnerable groups, especially asylum seekers and unaccompanied minors.
Elma Saiz, Minister of Inclusion, Social Security and Migration, has described the legislation as a “landmark reform”. Earlier today, she emphasised its goals to uphold migrants’ rights, encourage integration, reinforce safe and legal migration routes, and eliminate unnecessary red tape.
Spain to regularise 900,000 migrants under new immigration regulation
What’s changing?
One of the most significant changes redefines the concept of arraigo. This is a route to residency based on an individual’s ties to Spain. Rather than a single category, it now encompasses five separate pathways: social integration, employment history, participation in training or education, reintegration opportunities, and family connections. In addition, the minimum residence requirement to apply has been reduced from three years to two, a shift that could make a meaningful difference for thousands already embedded in Spanish society.
There’s also good news for families. A new type of residence permit is now available for relatives of Spanish citizens. It brings a broader definition of family, raising the age limit for dependent children from 21 to 26.
Initial residence permits will now last for one year, and if renewed, they’ll be valid for four years — reducing the risk of people falling into irregular status due to expired paperwork.
A boost for international students
Students arriving in Spain to study will now receive a residence permit that matches the length of their course. Even better, they’ll be able to work up to 30 hours a week while studying. Furthermore, there’s a clearer, quicker route to move into employment once they graduate.
Concerns over asylum seekers and minors
But many critics are pushing back against some of the changes. A controversial part of the new rules says that time spent in Spain as an asylum seeker no longer counts towards the arraigo process. If authorities reject someone’s asylum application, that person must then wait two more years in irregular status before becoming eligible.
As a temporary fix, the government is offering a one-year grace period where rejected asylum seekers can apply for arraigo after just six months. But this has caused confusion and distress, with some people abandoning their asylum claims out of fear, only to fall straight into legal limbo.
In response, seven social organisations — including CEAR, Red Acoge and the Jesuit Migrant Service — have taken the matter to the Supreme Court. Meanwhile, the Spanish Ombudsman has issued a stark warning, saying the rule change could leave thousands of children without legal protection.
What next?
It is important to note that the reform coming into force today is entirely separate from the Popular Legislative Initiative (ILP) for extraordinary regularisation. This also made headlines this week. Today’s regulation focuses on streamlining and redefining existing immigration procedures. However, the ILP proposes a one-time pathway to legal status for people who were already living in Spain before 31 December 2024.
Backed by more than 600,000 signatures, the ILP had been stalled in Parliament but is now gaining renewed traction. The two initiatives are distinct, though they may ultimately intersect in their impact on Spain’s migrant population.