New immigration rules begin in Spain, making it easier for migrants to become legal
The updated regulations aim to help asylum seekers living in Spain secure jobs and legal residency
Spain’s radical new immigration rules, approved last November, officially take effect on Tuesday May 20. The government hopes these changes will make the system more flexible and allow around 300,000 migrants a year to legalise their status more easily. But migrant support groups are raising red flags, especially about what the new rules could mean for people whose asylum claims are rejected.
The Minister of Inclusion, Social Security and Migration, Elma Saiz, says the goal is to “simplify and streamline procedures.” The aim is to cut down on paperwork, stop asking for the same documents multiple times and speed up the process for people using legal immigration channels.
The new rules also try to improve how different types of permits are defined, make it clearer what rights migrant workers have, and explain better how people and their families can change or update their immigration status.
There are now five official settlement schemes for migrants: social, socio-educational, work-related, family-based and a second-chance option.
One of the biggest changes is that people only need to live in Spain for two years to qualify, instead of three. The rules are also more flexible about what kind of work people can do. Migrants can now work as employees or be self-employed right from the start.
A new kind of residence and work permit has also been created which is designed to make it easier to hire people, either individually or in groups.
Even though the changes are meant to make things easier, several migrant organisations are concerned. Groups like Andalucía Acoge, Cáritas, CEAR, Red Acoge and the Jesuit Migrant Service took legal action in January by filing an appeal with the Supreme Court. Their concern is that the new rules don’t allow people who are waiting for a decision on their asylum claim to count that time toward applying for a residence permit if their asylum request is eventually denied.
These organisations say that although the new rules bring “important and fundamental improvements,” some key issues they raised during the process were ignored. They warn that this could “negatively impact the rights of applicants for international protection.”
Ombudsman Ángel Gabilondo also expressed misgivings. In a report to Parliament, he warned that the new rules, once fully enforced in May 2025, could suddenly leave thousands of minors without legal status if their asylum claims are denied.
However, the Ministry says the updated regulations are meant to help people who are already living in Spain without documents but have strong ties to the country. The goal is to make it easier for them to get a residence permit and join the workforce.
To prepare for the expected increase in applications, the government plans to hire 750 new staff for Immigration Offices starting May 20.
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