August 15, 2022 was a holiday for many families of emigrants residing in Spain. It was on that date when the reforms that the Spanish Government has applied to the Regulation of the Immigration Law, which regulates the presence of foreigners in Spain, came into force.

These changes have come to facilitate, in some way, the processes to regularize the presence of immigrants in the country. Also, to attract foreign talent on the part of companies. For all these reasons, in this article we have proposed to define the thirteen essential terms that will help us all to better understand the new Regulation of the Immigration Law in Spain.

1— Regulation of Immigration Law

Let's start at the beginning, with the definition of what the Regulation of the Law on Foreigners is.

Here, according to a 2011 communiqué, the "Regulation of the Organic Law on the Rights and Freedoms of Foreigners in Spain, better known as the Law on Foreigners, constitutes an important piece of the Government's immigration policy, and consolidates a model of regular, orderly immigration linked to the labor market."

2— Foreign (in Spain)

In other words, the Regulation of the Alien Law regulates the rights and freedoms of foreigners in Spain. But, of course, a question arises: who is a foreigner for legal purposes in Spain?

Easy: anyone who is not a national.

3— Rooting by training

The most novel feature of this new regulation is the "arraigo por formación" (training-based immigration). With it, any migrant who has been in Spain for more than two years will be able to access a residence permit, valid for one year, in exchange for obtaining job training. The sector in which he/she receives education will be at the beneficiary's choice, but the facilities will be greater in the training in which there is a greater demand.

4— Labor roots

Esta figura ya existía antes de la reforma, aunque se ha modificado ligeramente, y permite solicitar la residencia a cualquier extranjero en situación irregular que haya trabajado de forma regularizada o no regularizada durante al menos seis meses en los últimos dos años.

5— Social roots

In order to be eligible for this option, it is necessary to prove certain roots —either in the family or by means of a report recognizing social integration—, as well as a job that is in line with the SMI (Minimum Interprofessional Wage). With the modification, it is now possible to receive amounts lower than the SMI, in some circumstances.

6— Family roots

This figure allows those who are the father, mother or guardian of a minor of Spanish nationality, as well as spouses or common-law partners, and also parents of Spanish nationals, to obtain a residence permit.

7— Renewals

They can be made for 4 years in various situations, a term that has been increased, compared to the previous regulation that foresaw that these renewals would be every 2 years.

8— Family reunification

The new Regulation of the Immigration Law facilitates family reunification, making its requirements more flexible for minors, disabled or vulnerable persons, in addition to offering each member a work authorization.

9— Hiring at source

Another aspect that is made more flexible with this legislative reform is hiring at origin, whereby seasonal workers will be able to access a four-year authorization to work for up to nine months per fiscal year.

10— Catalog of Difficult-to-Fill Occupations

La flexibilización de contratación en origen afectará, especialmente, al Catálogo de Ocupaciones de Difícil Cobertura, que será actualizado de manera constante. The flexibility of hiring at origin will particularly affect the Catalog of Difficult-to-Fit Occupations, which will be constantly updated.

11— Interprofessional minimum wage (IMW)

The IMW, which is usually a common scale in applications related to aliens processes, is currently (December 2022) at €1000 in 14 payments.

12— Foreign talent

Attracting foreign talent is one of the objectives set by the Spanish government with this reform. To this end, it has introduced some changes in the possibility for foreigners to apply for work permits while pursuing higher education studies in the country.

13— Work permits

If you would like to receive more information on how work permits for foreigners in Spain work, you can always read any of our articles on the subject or contact us directly through any of the means we offer on the web.

Conclusion

Por último, aunque sin formar parte de esta modificación normativa, también hay que destacar la aprobación de la famosa Ley de Nietos, que ha aumentado, durante dos años, la horquilla de posibilidades para solicitar la nacionalidad española por ascendencia familiar.

Finally, although it is not part of this regulatory modification, it is also worth mentioning the approval of the famous Law of Grandchildren, which has extended, for two years, the range of possibilities to apply for Spanish nationality by family descent.