On November 20, 2024, legislative amendments to Spain’s Regulation on the Rights of Foreigners were published. These changes will take effect six months later, on May 20, 2025, bringing significant modifications to Spain’s immigration laws. While some updates will make life easier for foreigners, others require careful consideration.
A key focus of these amendments is the Arraigo program, which allows foreigners to legalize their status in Spain after residing in the country for a specific period.
One of the most significant changes is the reduction of the required residency period for applying for residency by settlement (residencia por arraigo). As of May 20, 2025, this period will decrease from three years to two years.
The structure of the Arraigo program has also been revised, with some categories removed and new ones introduced. Notably, Arraigo Familiar in its current form will be abolished. However, a new version under the same name will be introduced, specifically for guardians of Spanish citizens or citizens of EU member states.
Additionally, Arraigo Familiar will be rebranded as Arraigo Social, retaining its function as a residency option for relatives of Spanish citizens. However, a new requirement will be implemented: applicants must now demonstrate sufficient financial resources.
Similarly, Arraigo Social will be renamed Arraigo Sociolaboral, though its fundamental purpose will remain unchanged.
A new residency category, Arraigo de Segunda Oportunidad, will be introduced to assist individuals who previously held a residence permit but lost it.
The amendments also address the status of individuals in Spain awaiting the outcome of their international protection (protección internacional) application. Under the new law, asylum seekers holding a tarjeta roja (red card)—which indicates their application is under review—will be explicitly prohibited from applying for residency by settlement.
However, a transitional provision allows asylum seekers to apply for arraigo within the first 12 months after the law takes effect (from May 20, 2025, to May 20, 2026), provided they meet both of the following conditions:
- Their international protection request has been denied.
- They have resided in Spain for at least six months at the time of application.
The family reunification process has also undergone revisions. A significant change is the increase in the maximum age limit for a child to be included under the main applicant’s residency. Previously set at 21 years, this limit has now been extended to 26 years.
However, this applies only to children who are financially dependent on the main applicant. For example, a 22-year-old who is unemployed, living with their parents, and studying would be considered financially dependent and can be included in their parent’s residence application until the age of 26. The new regulations also simplify procedures for unregistered partners and other close relatives, including parents.
Changes have also been introduced to residency permits linked to employment. Under the updated rules, initial work permits will now be issued for one year, and upon renewal, they will be extended for four years instead of the previous two-year extensions.
Additionally, modifications have been made to the long-term residency (Larga Duración) rules. Applicants over 30 years old will now receive a residency card valid for 10 years instead of the previous five. However, this change only affects the renewal period for the physical residence card; the long-term residency status itself remains permanent. For applicants under 30, the current rule remains unchanged, and the long-term residency card will continue to be issued for five years.
One of the most significant drawbacks of the new regulations affects foreign students in Spain holding a student residence permit. At present, there are no age restrictions for language studies, and applications can be submitted from within Spain. Additionally, students have been able to extend their permits for up to three years without taking a language proficiency exam in some regions. After this period, many were able to convert their student permit into a work residence permit. However, starting May 20, 2025, these rules will be revised.
Key Changes to Spain’s Student Permit Rules (Effective May 20, 2025)
-
Minimum Age Requirement: Applicants for student permits related to language courses must be at least 18 years old.
-
Application Process Update: Student residence applications must now be submitted through a Spanish Consulate abroad, rather than from within Spain.
-
Limited Permit Extensions: Language course student permits can only be renewed once, capping the maximum study period at two years.
-
Mandatory Language Proficiency Test: To extend a student permit, applicants must pass a Spanish language proficiency exam (DELE or SIELE), regardless of the region in which they apply.
-
No Transition to Work Residency: Upon completing their language studies, students will no longer have the option to convert their student permit into a work residence permit.
Important: These restrictions apply only to students in non-higher education programs.
Positive Changes for University Students
- Increased Work Hours: University students can now work up to 30 hours per week while studying.
- Longer Permit Validity: The student residence permit will now cover the entire duration of the academic program, eliminating the need for annual renewals.
Note: Each Spain visa type has different requirements, so it is important to check the specific conditions before applying. Additionally, applicants should ensure they provide complete and accurate documentation to avoid delays or rejections. Consulting an official embassy website or a visa expert can help streamline the process.
