On 21 November 2024, the Spanish government adopted one of the largest migration law reforms recently seen in an EU Member State. To date, this reform is the only attempt in Europe to make migration law less restrictive. This will be achieved by introducing a procedure to regularize a high number of undocumented migrants currently residing irregularly in the country and more permissive rules for obtaining visas, residence permits, exercising work activity in the country, studying, and family reunification.

Regarding visas, the Spanish reform introduces a minimum duration of 1 year renewable successively for periods of 4 years, until the third-country national reaches the threshold to be qualified as long-term resident.

The reform also introduces a specific option, called “arraigo de secunda oportunidad” aiming at regularizing undocumented migrants. This permit will allow third-country nationals who already owned a residence permit in the previous two years which was not renewed for any reason excluding national security, public order or public health to obtain another residence permit (Art. 127).

The reform also includes the possibility for all the holders of a residence permit to perform an economic activity (including employed or self-employed), even if the primary aim of their residence is for study purposes (in this case, up to 30 hours per week).

The Spanish reform is at odds with the overall restrictive approach against migration in many other EU Member States, including several Members who restricted free movement of persons with the aim of restricting illegal migration and others who are attempting to externalize the management of asylum applications.

The reasons for these legislative amendments are however to be found in the increasing aging of the working population as well as in the demographic crisis. With this reform, the Spanish government aims to regularize around 300.000 persons per year until 2027, raising in this way the Spanish population of around 1 million citizens.

The complete text of the reform is available at this link.

Image credit: Madrid, by Carlos Perez, on Flickr.

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