Spanish Immigration News 2025

Effective 20 May 2025, Spain implemented its updated Immigration Regulation, ushering in a comprehensive overhaul of the legal framework governing non‑EU nationals’ rights, freedoms, and pathways to integration. The reforms are designed to simplify application processes and harmonize terminology, with particular focus on study-related stays, regularization through arraigo (social roots), and the rights of family members of Spanish citizens. Below is an outline of the main provisions you should know, whether you already hold a permit, are applying for one, or will do so under the new rules.

Family Members of Spanish Citizens

A major innovation is the new five‑year residency card available to close relatives of Spanish nationals. This includes spouses or registered partners (proof of at least 12 months’ cohabitation unless there are shared children), children under 26 (or older if dependent or disabled), dependent ascendants or collateral relatives on humanitarian grounds, and carers of disabled Spanish nationals (up to second‑degree kin).

Authorized applicants may remain and work in Spain while their application is pending — though work rights prior to approval apply only to spouses, partners, and children.
If the family relationship ceases (e.g., divorce, death), you can request an independent permit within 6 months; if you do not meet the independent‑permit criteria, you must either amend or withdraw your application within 3 months of the status change.

Arraigo: Five New Categories

The new decree reorganizes social‑rooted regularization into five distinct one‑year authorizations (except the family‑rooted category, which extends to five years):

Family Arraigo (Arrigo Familiar): Reserved for parents of under‑age EU citizens, guardians of minors, carers of disabled dependents, and similar cases — now with streamlined documentary obligations.

Social Arraigo: Based on social integration, demonstrated by either familial ties to legal residents or, absent those, an official integration report. Applicants must also prove sufficient means of support in Spain.

Socio‑Labour Arraigo: Requires at least one employment contract that guarantees a proportional share of the minimum wage relative to hours worked, with a minimum of 20 contracted hours per week.

Training‑Based Arraigo: For individuals enrolled in secondary vocational education or post‑compulsory vocational training, backed by an integration report.

Second‑Chance Arraigo: For individuals who held any valid residence permit in the preceding two years but lost the right to renew it (excluding denials based on public order, security, or health).

All categories (except family‑rooted) require a minimum two‑year residency in Spain prior to application. The “family” category imposes no length‑of‑stay prerequisite.

Student Visas: Updated Conditions

Under the revamped regulation, what were formerly called “student visas” will now be referred to as “long‑term stay authorizations,” and will carry revised eligibility rules.

Depending on the level and type of study, you may lodge your application either from within Spain or from your home country. Applicants must be at least 18 years old to apply from Spain. Programs that combine online and on‑site instruction are acceptable, though only certain modalities qualify for in‑Spain applications.

If applying from within Spain, your course must lead to higher education credentials, professional health‑sector qualifications, or technical certifications. Non‑academic sports academies (e.g., football schools) no longer qualify for student status. We recommend you to always verify eligibility with an immigration adviser before paying any tuition.

Periods spent under a student (long‑term stay) visa continue to count at 50% of elapsed time when calculating eligibility for permanent residency.

Ongoing Permits and Transition Rules

If you currently possess a residence authorization — whether as a student, worker, or through family reunification — it remains in force until its stated expiry date. Likewise, holders of cards issued under the previous “arraigo familiar” scheme or as family members of EU nationals do not need to take any action; their status continues without interruption.

Should your application still be under processing when the new regulation took effect, you may opt to have it evaluated according to the updated criteria. In some circumstances — such as more favorable eligibility thresholds or reduced documentary requirements — this could work to your advantage. This aims to smooth the shift from the old regime to the new, minimizing bureaucratic hurdles for applicants caught mid‑process.

These legislative changes — effective 20 May 2025 — mark a significant shift toward more coherent, transparent, and streamlined immigration procedures in Spain. Whether you are renewing a current permit, applying anew, or assisting family members, the qualified immigration lawyer at Lusa Legal is here to help and to ensure you navigate the updated system successfully and in full compliance with the new requirements.