Today the Council of Ministers approved the new immigration regulations, a figure with which the government wants regularize 900,000 foreigners in Spain in the next three years through new rooting figures which will make the conditions for granting residence and work permits to non-national residents more flexible and easier. It reduces from three to two years the length of stay necessary in Spain to grant a residence and work permit to a foreigner. The ministry’s Migration branch led by Elma Saiz met the deadline by approving the text in November, once it had obtained the opinion of the Council of State, as reported elEconomista.es. Thus, the new regulations to adapt “to the current situation of the migratory phenomenon” It will come into force in six months.
The intention of the Government and the agents involved in the development of the text is to improve the means of entry and regular stay, in addition to simplifying administrative procedures to relax procedures and the granting of permits with new conditions . THE Most permissions allow you to work from the first moment without the need to request a first authorization.
Thus, Minister Saiz indicated after the Council of Ministers that they could regularize their situation. 300,000 people per year for the next three years since the entry into force of the regulation. “We are facing the most ambitious and comprehensive reform since it came into force 13 years ago,” said the minister. Saiz previously cited some reports estimating that Spain would need to integrate between 250,000 and 350,000 foreigners to maintain the welfare state.
Updating the regulations is of particular importance given the “boom” of immigrants crossing the border since the pandemic. The Executive will precisely adjust the figures which facilitate the stay of foreigners: the roots, now homogenized by requiring only 2 years, instead of three, to grant the permit.
Due to high migration flows, at the end of 2023, thanks to this figure, 210,334 people had a residence permit and 7 million foreigners also had a valid residence permit.
The regulation creates a new figure, the second chance rootingwhich can be granted to foreigners who already had a residence permit but who were unable to renew it. They must be legally permanent and have minimum periods of independent activity or employment. It is also intended for asylum seekers.
Rooting for training will become a socio-formative roots which will allow those who obtain it to work up to 30 hours per week.
He social rootsmotivated by permanence in the country, will grant the permit after two years of irregular residence, instead of three years as previously required.
He socio-professional roots It replaces the employment contract and will be linked to an employment relationship in Spain demonstrated by one or more contracts guaranteeing at least 20 hours per week.
He family roots is limited to being the father, mother or legal guardian of a minor; or who provides support to a disabled person who is Spanish or a member of the EU. There is no minimum tenure requirement.
Visas
The new text creates a specific title for visas, which clarifies the authorization regime, requirements and procedures in general. All initial authorizations will be for one year and renewals for four years. The job search visa is also extended, for a period of one year instead of three months.
In this way he avoid irregular and unexpected situationswhich we also wanted to avoid in the new rule by clarifying and simplifying the procedures for moving from one stay situation to another. For examplethere will be no need to leave our country to obtain long-term residence after having had a temporary one.
Circular migration, students or speed
The regulation will improve the regulation of seasonal activities, favor “collective contracts” at the sourcea figure closely linked to the seasonal workers and circular migration that Saiz champions, with a particular interest in avoiding labor exploitation.
The collective agreement is a procedure for granting authorizations for residence and work for seasonal activities in relation to foreign persons who are not found or who do not reside in Spain through collective treatment originally based on offers presented by one or more entrepreneurs.
“Spain welcomes talents of all nationalities,” says Saiz. Thus, the students They will receive special treatment. People who come to Spain to pursue higher education will not have to renew their permit every year, but will benefit from an authorization that lasts for the duration of their studies to avoid the permit expiring for bureaucratic reasons. It will allow you to work up to 30 hours per week and family reunification will be improved.
This will also facilitate expressway or “fast lane” be able to link this permit to a work authorization once their studies are completed, so that students can work from the first moment, once their training is completed.
