New Immigration Regulations: Do I benefit from or should I adhere to the previous regulations?

El Council of Ministers approved on November 19, 2024 the new Regulations of the Aliens Law (through RD 1155/2024). This regulation, published in the Official State Bulletin (BOE) On November 20th, it will come into force in 6 months, that is, the May 20th 2025. It's important to put attention on Applications submitted before its entry into force will be processed and resolved in accordance with the regulations in force on the date of submission., unless the interested party requests the application of the provisions of the new regulation and proves compliance with the requirements demanded for each type of application in the new regulations.

 

This issue becomes relevant in those cases in which, due to regulatory change, current regulation may be considered more beneficial. We will return to this later.

 

The main purpose of the new regulation is to strengthen the integration of migrants through three key axes: work, training and family. Among the main novelties, the Reduction in the time required to apply for regularization due to social roots, which has been reduced from three to two years. In addition, new figures have been included, such as social and labour roots, designed to regularise those who can prove an active labour relationship, and second-chance roots, which benefits those who have not been able to renew their permits and who, therefore, have fallen into what is known as “supervening irregularity”.

 

The regulation also aims to significantly simplify the administrative procedures, reducing the bureaucracy associated with residence and work permits. For example, initial permits will last for one year and may be renewed for four-year periods, providing greater stability for both
migrants and their employers.

 

In addition, the cases of family reunification have been expanded, including unregistered couples and increasing the maximum age of children who can be reunited, thus promoting family unity. In this area as well A specific permit is created for relatives of Spanish citizens, these cases being outside the current regulation of RD 240/2007 for community citizens and their families.

 

Although, a priori, this new authorization can be considered similar to the previous one, there are consequences that must be taken into account to assess whether it is advisable to start the process as soon as possible or whether it is irrelevant. Let's look at some examples:

 

Ancestors of Spaniards: Currently, they can apply for family ties if they are over 65 years old and are in Spain, without having to prove economic or health reasons. The new regulation does not set an age limit, but they must prove that they live with the Spanish family member, that they lack family support in their country of origin, or that there are humanitarian reasons.

 

Other family: although the cases are extended (for example, in the case of children), it is important to consider that, by separating these relatives from the community regime, their right to reside and work in Spain is no longer automatic, but depends on obtaining residency. Therefore, while their application is being processed, they will not be able to work (something that was possible with the regulation of the Community Regime). In addition, residency will take effect from its concession, not from its application (as was the case now and, therefore, the time for the application for nationality began to count from the application and not from the concession, which can occur months later).

 

For these reasons, in the case of relatives of Spanish citizens who wish to settle in Spain in the short or medium term, we recommend that they seek advice immediately to analyse whether it is better for them to speed up their decision or whether they can wait until the new regulation comes into force.

 

Other relevant changes also occur at the international studentsThe new regulatory framework facilitates the compatibility between studies and employment, allowing this group to integrate more easily into the Spanish labor marketThis measure responds to both the needs of migrants and the demands of key sectors in Spain, such as agriculture, construction and care.

 

In short, the new Immigration Regulations represent, for the first time since 2011, a profound modification of the regulations, improving them in many aspects. However, it is essential to analyse each specific case in order to determine, based on the personal interests of each citizen, the best strategy for their immigration and residence process in Spain. To do so, it is essential to have a thorough understanding of the previous and new regulations.

 

Maria Eugenia Blasco Rodellar,

Immigration Area Partner. AGM Abogados