Enero 2025
The government of Spain enacted on 20 November 2024 the new reformed regulation of the Ley de Extranjería, known as Royal Decree 1155/2024, which is scheduled to enter into force on 20 May 2025. This reform introduces significant adjustments in several areas, including residence authorisations based on arraigo, non-gainful residence, long-term residence and residence authorisations for students. A detailed analysis of the main changes is presented below:
I．Residency by Arraigo:
- Reduction of waiting time:
- The period of residence required to apply for arraigo social is reduced from three years to two.
- Note: Arraigo familiar remains an exception, as it does not require a minimum period of residence to apply.
- The possibility of applying for arraigo social again is introduced for those persons who, having had a residence permit in the last two years, were unable to renew it due to exceptional circumstances.
- For the application for arraigo laboral it will no longer be necessary to submit a social integration report; it will be sufficient to provide a valid employment contract.
- New ‘Second Arraigo Social’ policy:
- Simplification of arraigo laboral:
II． Non-Profit Residence:
A minimum stay of 183 days per year in Spain is required.
- Controversy: This requirement could raise issues of constitutionality, as pointed out by the Spanish Bar Association, which has already initiated a challenge plan.
- Legal basis: Article 46.1 of the Ley de Extranjería.
- Reference documents: Official State Gazette (BOE).
III． Long-term residence:
Duration of the residence permit:
- Applicants under 30 years of age: Both the first granting and renewals will be valid for 5 years.
- Applicants over 30 years old: The first authorisation will be valid for 5 years, while renewals will extend the validity to 10 years.
IV．Stay for study purposes.
- Automatic work permit: Persons with higher education residency will automatically obtain a work permit for up to 30 hours per week.
- Full-time work: During the application process to change the residence for study to a residence for work, full-time work will be allowed.
V． Residence for Work:
A combination of self-employment and employed work is permitted, provided that the time spent in employed work exceeds the time spent in self-employment.
Changes to Long-Term Residence: from 5 to 10 years
The new Regulation of the Immigration Law (Royal Decree 1155/2024), which will enter into force on 20 May 2025, marks a milestone in the reform of migration policies in Spain.
With the aim of facilitating the understanding of these modifications, SF Abogados will launch a series of articles to analyse the key points of the new regulation. On this occasion, we will take a closer look at the most relevant changes related to long-term residence.
New Deadlines for the Renewal of the Long-Term Residence Card (Including EU Long-Term Residence):
Article 185. Renewal of the alien's identity card for long-term residents.
- Foreign nationals who are holders of a national long-term residence permit must apply for the first renewal of the alien identity card after five years. The second and subsequent renewals of the alien's identity card shall be requested every five years until the holder reaches the age of thirty and every ten years thereafter.
- The application for renewal must be submitted during the two months immediately prior to the date of expiry of the card's validity. Submission of the application within this period shall extend the validity of the previous card until the procedure is resolved. It shall also be extended until the procedure is resolved in the event that the application is submitted within three months of the date on which the validity of the previous card expired, without prejudice to the initiation of the corresponding penalty procedure for the infringement incurred.
- Failure to submit an application for renewal of the foreigner's identity card within the deadlines established in the previous section shall in no case entail the termination of the national long-term residence permit, although the competent aliens' office shall verify that the conditions that gave them access to the permit are maintained.
- The application for renewal of the foreigner's identity card shall be completed on the official form and shall be accompanied by the following documentation:
Full valid passport or travel document, or registration card.
Form accrediting payment of the fee for processing the procedure.
A photograph, in accordance with the requirements established in the national identity document regulations.
In accordance with the new regulations, the renewal cycle for long-term residence cards will be adjusted according to the age of the holder:
Cardholders under 30 years of age:
The card will be renewed every 5 years until the holder reaches the age of 30, at which point the renewed cards will be valid for 10 years.
Holders over 30 years of age:
- The first renewal after obtaining long-term residence will be valid for 5 years.
- From the second renewal, the period will be extended to 10 years for each subsequent renewal.
In summary, the scheme is established as follows: 5 (first card) + 5 (first renewal) + 10 (second renewal) + 10...
Practical example:
An immigrant who obtains his first long-term residence card at the age of 35 (valid for 5 years):
- At the age of 40, he/she renews it for the first time (5 years of validity).
- At the age of 45, he/she renews for the second time (10 years of validity).
- From then on, you renew your card every 10 years (e.g. at the age of 55, 65, etc.).
This reform significantly simplifies procedures for cardholders over 30 years of age, reducing the frequency of renewals and easing the administrative burden!
Residencia por Arraigo: Reduction of the Waiting Period
Section 2.a. Temporary residence due to exceptional circumstances for reasons of roots.
Article 125. Types of temporary residence permit for reasons of establishment.
- A temporary residence permit shall be granted for reasons of roots to foreign nationals who are in Spain, when there are ties with the place where they reside, whether economic, social, family, employment or training ties, provided that they comply with the requirements established in Articles 126 and 127.
Temporary residence permits for reasons of roots may be of the following types:
- On the grounds of second chance roots.
- On the grounds of socio-occupational roots.
- On the grounds of social roots.
- On the grounds of socio-educational roots.
- For reasons of family roots.
- The duration of these authorisations is one year, except for family roots, which will last for five years.
The major change introduced by this reform is the reduction in the length of residence required to apply for arraigo, from three years to two years.
The only exception to this rule is arraigo familiar (Arraigo familiar), which does not require a minimum period of residence for its application.
Types of Residence by Arraigo:
The roots is divided into five main types:
- Socio-occupational roots
- Social roots
- Socio-formational roots
- Family roots
- Second chance arraigo
SF Abogados will continue to explore the details of each type of Arraigo Residency, with special attention to social and labour arraigo, modalities that are more relevant to the Chinese community residing in Spain.
Types of Arraigo Residence and its Application:
Article 126. General requirements.
A temporary residence permit may be granted on the grounds of roots established in the previous article when the foreign national cumulatively fulfils the following general requirements:
- To be in Spain and not to have the status of applicant for international protection at the time of submission of the application or during its processing. For this purpose, an applicant for international protection shall be understood to be a foreigner who has made an application for international protection on which a final administrative or, where appropriate, judicial decision has not been taken.
- To have remained in national territory continuously for at least two years prior to the submission of said application. For these purposes, when the foreigner has been an applicant for international protection, the time spent in Spain during the processing of the application for international protection until its final administrative and, where appropriate, judicial decision will not be counted.
- Family roots shall not require a minimum period of residence.
Not represent a threat to public order, security or public health. - Not have a criminal record in Spain or in the countries where he/she has resided during the last five years prior to the date of entry into Spain, for offences under Spanish law.
- Not to be listed as a refusable person in the territorial space of countries with which Spain has signed an agreement in this regard.
- If applicable, not being within the period of commitment not to return to Spain.
- Have paid the fee for the processing of the procedure.
1. Socio-occupational roots
Socio-labor roots, introduced as a new modality in Royal Decree 1155/2024, is designed to facilitate the regularisation of those immigrants who can demonstrate employment stability. The specific requirements are detailed below:
- Valid employment contract: The applicant must present an employment contract that demonstrates a stable employment opportunity.
- Minimum income: The salary must reach at least the minimum interprofessional wage (SMI) or the applicable standard for the relevant sector.
- Working hours: A minimum working week of 20 hours is required.
- Multiple contracts: In cases of seasonal work or work with multiple employers, it is possible to submit several employment contracts.
- Financial capacity of the employer: The hiring company must demonstrate sufficient financial capacity to hire the applicant.
Important note:
The new regulation eliminates the Arraigo report requirement, significantly simplifying the application process.
Although the arraigo sociolaboral is an addition to the regulation, it actually represents an optimisation of the previous arraigo laboral. The elimination of the integration report is a noteworthy change, which especially benefits applicants with limited knowledge of Spanish. This is particularly relevant for the Chinese community, as it removes language barriers and facilitates more direct access to legal residence.
2. Social roots
The applicant must meet at least one of the following conditions:
- Family bond certificate: The applicant must have a certificate accrediting their family relationship (as a spouse or relative in direct line) and prove that they are financially independent (by providing proof of income equivalent to 100% of the IPREM).
- Report of Arraigo: In case of not having a certificate of family relationship, the applicant who intends to open a business or start a business must prove his or her level of social integration, such as participation in training courses or language learning, and submit a report of Arraigo.
3. Socio-educational roots
The applicant must enroll and participate in vocational training or adult education courses that meet the established requirements. During the training period, work is allowed. The key points for this modality are:
- Course completion: Failure to complete the course within the stipulated time will result in the loss of the residence permit.
- Social integration report: It is mandatory to submit a report demonstrating the applicant's integration into society.
4. Family roots
Applicants must be family members of EU, European Economic Area or Swiss citizens.
Note: Chinese nationals are not eligible for this form of family roots.
5. Second Chance Arraigo
Aimed at immigrants who have had a residence permit in the last two years, but were unable to renew it for reasons other than public order, security or public health.
In exceptional circumstances, such as the acquittal of criminal charges or the withdrawal of an indictment, this modality may also be applied.
Important: Those who have previously held a student residency or arraigo may not apply for this type of residency.
SF ABOGADOS
8 de enero de 2025
