- On 20 May Royal Decree 1155/2024 came into force, six months after its publication in the BOE.
- It replaces the 2011 regulation, reorganises settlement permits into five types and cuts the required residence to two years.
- Earlier applications are governed by the old rules, unless the applicant asks for the new ones and meets their requirements.
On Tuesday 20 May 2025 the new Immigration Regulation came into force, approved by Royal Decree 1155/2024, which was published in the BOE on 20 November 2024. It replaces the 2011 Regulation, repeals Royal Decree 557/2011 and organises, in 265 articles and fifteen titles, the regime for entry, residence and work of foreign nationals in Spain. The Secretariat of State for Migration has also published instructions for its application.
Although the change is mainly associated with “arraigo” (settlement permits), it affects many more situations: companies hiring foreign nationals, families wishing to bring a relative to Spain, students, and those wanting to work on their own account. That is why it is worth knowing its general lines, although each case requires individual analysis by a specialist immigration lawyer. Those who already have a file in progress or authorisations in force have specific rules, summarised below.
Settlement permits and work
The regulation defines five types of arraigo: second chance, socio-employment, social, socio-training and family. The required period of residence is reduced to two years, except for family arraigo, and those who obtain a temporary residence authorisation through arraigo are entitled to work. Family arraigo is limited to parents of citizens of the European Union, the European Economic Area or Switzerland.
A fixed-term work authorisation is also regulated, and self-employment alongside the main employed work is allowed. For a company, this means more routes for bringing in staff, but with requirements to verify case by case: each type requires specific documentation and deadlines that do not always coincide. Whoever hires a person with arraigo should check that the authorisation entitles them to work and for how long, and keep a copy of the documentation.
Reunification, studies and other changes
In family reunification a minimum age of 18 is set for bringing in spouses and the reunifiable family members are clarified. A temporary residence authorisation for family members of Spanish nationals is also created. In studies, the stay is extended to student mobility, volunteering or training activities, and a register of higher education institutions and centres is provided for.
Research, the EU Blue Card and cross-border provision of services leave the regulation and move to Law 14/2013. It is a change of regulatory location that may confuse those who consult the old texts, so it is worth checking the rule applicable to each authorisation and to the date of application.
Transitional rules and what to review
Existing authorisations and cards retain their validity for the period for which they were issued. Applications filed before 20 May are decided under the rules in force when they were filed, unless the interested person asks for the new regulation to apply and shows that they meet its requirements. This option may matter in pending files, and it is best decided with advice. In practice it means comparing which requirements are more favourable in each file, something that should not be done lightly.
Companies with foreign staff should review authorisation expiry dates and which type applies to each person. Families with relatives in Spain or who wish to bring them should check which situation applies. This information is general and does not replace individual legal advice.
A change of regulation forces a review of files, but it also opens routes that did not exist before.
This article is general information. It is not legal, tax or investment advice, and it does not take anyone’s particular circumstances into account.
