On 20th May 2025, Spain updated its immigration law. The updated Immigration Regulation (RD 1155/2024) aims to simplify procedures and improve legal clarity for non-EU nationals, particularly in the areas of study, family reunification, and regularisation through the “arraigo” process.

For those already living legally in Spain, there’s no need to worry, valid permits will remain in force until they expire. Family members of Spanish citizens with existing status (such as through arraigo familiar or EU family member cards) are also unaffected.

Children between 18 and 26 and dependent parents of Spanish citizens will have until 20th November 2025 to apply from within Spain, provided they were already in the country as of 20th November 2024. Additionally, individuals whose asylum requests have been denied may apply for residence under arraigo rules for up to one year after the new regulation comes into force, so long as they can prove they’ve been in Spain for at least six months prior.

‍

Student visas

‍

Student visas will now be reclassified as “long-term stays.” These permits come with more specific conditions, including a minimum age of 18 for applications made from within Spain and restrictions on the type of education that qualifies.

Hybrid learning is now recognised, though with limitations. Only higher education, healthcare, and vocational training courses with a professional qualification can be used to apply from inside the country. Notably, programs at sports academies, like football schools, are no longer eligible under student status.

Applications can be submitted either from abroad or within Spain, depending on the course. Processing times vary, with faster decisions expected when universities submit applications directly. While study time continues to count towards long-term residence, it still does so at a reduced rate of 50%.

‍

Arraigo system

‍

Arraigo is Spain’s mechanism for regularising the status of undocumented migrants. The new framework defines five clear types of arraigo, mostly valid for one year, except for family-based cases, which can grant residence for five years.

Among the new options is arraigo for training, which offers a route for those enrolled in post-compulsory education or vocational programs. Socio-labour arraigo now hinges on having one or more job contracts that meet minimum wage standards based on hours worked. Other categories include social arraigo, which requires family ties or proof of integration and financial stability, and a “second-chance” arraigo for individuals who had legal residence in the last two years but couldn’t renew it (excluding those with serious public order or health issues).

Crucially, the minimum residence period in Spain is now unified at two years for all but family-based cases, which require no prior stay.

‍

Family members

‍

One of the most impactful changes is a five-year residence permit for family members of Spanish nationals. This permit applies to spouses, registered or stable partners (with at least 12 months of cohabitation unless children are involved), children under 26 (or older if dependent), and dependent relatives, such as parents or carers of people with disabilities.

The new law also recognises carers of Spanish minors or disabled individuals, expanding the scope of who qualifies as a family member in need of protection. Children of individuals who were originally Spanish by birth are also included.

Once an application is filed, family members are allowed to live and work in Spain. However, the right to work during the application process is only granted to spouses, partners, and children. Applications must be supported by a criminal record certificate and are expected to be processed within two months.

If a person’s circumstances change, for example, due to divorce or the death of a partner, they can apply for an independent residence permit within six months. If they don’t qualify, they must submit a modification request within three months of being notified.

‍

Should you have any queries regarding the above information or if you require assistance with your corporate, employment or immigration matter, please get in touch with a legal professional at Hudson McKenzie via email at londoninfo@hudsonmckenzie.com or by telephone +44(0) 20 3318 5794.

‍

The information provided does not amount to legal advice.