The long-anticipated reform of the Immigration Regulations in Spain or Reglamento de Extranjería has finally arrived. Approved by the Spanish Council of Ministers on November 19, 2024, these new immigration regulations bring significant changes to the legal framework for residency, visas, and integration in Spain. Whether you’re a potential applicant or someone curious about Spain’s evolving immigration policies, this article will break down the most important updates.
The new regulation will take effect on May 20th, 2025.
Why Are These New Immigration Regulations Important?
Spain’s updated regulations aim to streamline processes, provide better protection for workers and employers, and align the country’s immigration policies with European Union standards. These changes also expand pathways for legal residency, making it easier for individuals and families to regularize their status and contribute to Spanish society.
Download the Full Text of the New Immigration Regulations
For those looking to dive deeper into the specifics, the full text of the Reglamento de Extranjería is now available in the Boletín Oficial del Estado (BOE-A-2024-24099).
Changes to the Non-Lucrative Visa Renewal Requirements
Among the most impactful updates in the newly approved Reglamento de Extranjería are the revised requirements for the renewal of Spain’s Non-Lucrative Visa (NLV). These changes, clarify and modify key conditions for non-EU nationals seeking to renew their temporary residency permits.
183-Day Residency Rule
One of the most notable updates is the introduction of a mandatory 183-day minimum stay requirement for NLV holders. According to the BOE, applicants must demonstrate that they have “resided in Spain in a real and effective manner for more than 183 days during the calendar year” (Article 64.2.f). This new rule ties the NLV more closely to Spanish tax residency obligations, meaning that NLV holders will likely be required to declare and pay taxes on their global income in Spain if they exceed this threshold.
For current NLV holders, this change represents a significant shift, as many previously stayed below the 183-day limit to avoid becoming tax residents in Spain.
Renewal Period and Proof of Financial Means: Final Regulation Updates
The final regulation, as stated in Article 64.7, maintains the renewal period for the NLV at two years, contrary to earlier proposals that suggested an extension to four years. The relevant excerpt reads:
“La autorización de residencia temporal renovada tendrá una vigencia de dos años, salvo que corresponda obtener una autorización de residencia de larga duración o de larga duración-UE.”
This decision preserves the current practice, meaning NLV holders will not need to demonstrate financial resources for a four-year period, alleviating concerns about stricter financial documentation.
Elma Saiz Delgado, the current Minister of Inclusion, Social Security, and Migration of Spain, announced during a recent press conference on November 19th 2024, that residency renewals were initially planned to be extended to a four-year term, a proposal that contrasts with what was ultimately published in the BOE.
Proof of Financial Means
Applicants renewing their NLV must provide evidence of sufficient financial resources to cover their expenses for the two-year renewal period, as specified in Article 64.2.b:
“Los documentos que acrediten los recursos económicos suficientes para atender sus gastos de manutención y residencia, así como el seguro de enfermedad, durante el periodo de tiempo por el que se pretenda renovar la residencia en España…”
This ensures consistency with previous requirements and provides clarity for applicants preparing their renewal documentation.
Additional Changes in the New Immigration Regulations
The Reform of the Reglamento de Extranjería introduces several updates to streamline immigration procedures, expand residency pathways, and align Spain’s policies with EU standards. Below is a breakdown of the key changes with easier navigation.
Provisions for Family Members of Spanish Citizens
Expanded Definitions of Eligible Family Members
The reform simplifies and broadens the criteria for family reunification, making it more inclusive. Spouses and partners are no longer required to meet strict marital or registration conditions. Eligibility for children has been extended to include dependents up to the age of 26. Additionally, extended family members and caregivers of Spanish nationals are now explicitly covered under the new regulations. These changes provide greater clarity and flexibility for families seeking residency in Spain.
Streamlined Visa Processes
Standardized Visa Durations
All visa types now have a uniform duration of one year, simplifying renewal timelines for applicants. The employment-search visa has been redesigned to function as a temporary residence permit valid for 12 months, allowing individuals to remain in Spain while looking for work without needing to exit and reapply.
Changes to Arraigo Pathways
Reduced Residency Periods
Arraigo, a unique mechanism in Spain for regularizing residency, has seen its required residency period reduced from three years to two for most categories. This makes the pathway to regularization more accessible to those in irregular situations.
New Arraigo Categories
The reform introduces new categories of arraigo, a unique pathway for regularizing residency in Spain. Among the updates is the arraigo de segunda oportunidad (second-chance arraigo), which allows individuals who have previously held and lost residence permits to reapply.
Additionally, the reform establishes two new types of arraigo:
- Arraigo socioformativo (socio-educational arraigo): Designed to support individuals pursuing training programs as part of their integration into Spanish society.
- Arraigo sociolaboral (socio-laboral arraigo): Aimed at those contributing to Spain’s workforce, creating a clear pathway to legal residency through employment.
These changes are expected to regularize approximately 300,000 individuals annually over the next three years, providing significant opportunities for those in irregular situations to gain legal status.
Updates for International Students
Work and Residency Flexibility
It simplifies the process of converting a student permit into a residence and work permit, especially for those studying programs aligned with Spain’s in-demand professions.
These changes reflect Spain’s commitment to attracting and retaining talent while addressing labor market needs. By expanding opportunities for families, workers, and students, the new immigration regulations provide a more streamlined and inclusive framework for residency in Spain.
