Important Updates
Important Updates
July 23, 2025 | United KingdomConstruction Management: Immigration Reforms: What’s Next for Construction Employers?
July 24, 2025 | China, AzerbaijanAzerbaijan/Mainland China: Reciprocal Visa Exemption in Effect
July 24, 2025 | United StatesThe PIE: More Declines Loom in “Seriously Concerning” US Visa Trends
July 24, 2025 | United Kingdom, IndiaUnited Kingdom/India: Free Trade Agreement and Social Security Agreement Forthcoming
July 24, 2025 | United StatesUnited States: Ninth Circuit Affirms Nationwide Scope of Birthright Citizenship Injunction
July 23, 2025 | United KingdomConstruction Management: Immigration Reforms: What’s Next for Construction Employers?
July 24, 2025 | China, AzerbaijanAzerbaijan/Mainland China: Reciprocal Visa Exemption in Effect
July 24, 2025 | United StatesThe PIE: More Declines Loom in “Seriously Concerning” US Visa Trends
July 24, 2025 | United Kingdom, IndiaUnited Kingdom/India: Free Trade Agreement and Social Security Agreement Forthcoming
July 24, 2025 | United StatesUnited States: Ninth Circuit Affirms Nationwide Scope of Birthright Citizenship Injunction
July 23, 2025 | United KingdomConstruction Management: Immigration Reforms: What’s Next for Construction Employers?
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian Immigration: New Skills in Demand Visa
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Australian Immigration: New Skills in Demand Visa

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
  • Insights

Spain: Upcoming Regulations Will Relax Family and Residency Pathways

December 6, 2024

insight-news-default

Country / Territory

  • SpainSpain

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

  • Reforms to Spain’s immigration regulations will include the following changes:
    • Liberalizing family-related immigration pathways, including creating a new permit, and expanding eligibility for an existing reunification permit;
    • Increasing the residency period of one of the country’s two job seeker permit pathways; and
    • Liberalizing pathways to regularize the residency status of undocumented foreign nationals.
  • These reforms seek to expand the country’s labor market in response to persistent labor shortages in many sectors.
  • Although these reforms have already been legislatively approved, they will only come into effect on May 20, 2025, with transitional measures to apply to existing residence permits and pending residence applications. 

The situation

Reforms to Spain’s immigration regulations will go into effect May 20, 2025, including liberalizing reforms to family-related immigration pathways, job seeker permit pathways, and the regularization of undocumented foreign nationals, among other changes.  

A closer look

CHANGE IMPACT

Liberalization of family-related immigration pathways. Two changes to family-related immigration pathways will be as follows:

    • New permit. A new five-year temporary residence permit for certain non-EU family members of Spanish nationals will be introduced. Eligible family members will include spouses, children up to the age of 26, and parents. Such permit holders will be able to work automatically.
    • Expanded permit. The family reunion permit – which is open to the immediate family members of eligible non-EU foreign national residents in Spain – will be expanded to include de facto relationships, provided that the couple have either a) lived together for at least 12 months or b) have children (in which case there is no minimum cohabitation period). As is the case currently, permit holders will be automatically granted work rights. This permit is valid for the same length as the principal residence permit holder. 

These reforms will increase the number of individuals who are eligible to work, helping employers find suitable talent. 

Additionally, the reforms may also increase talent attraction and retention in Spain – with the employability of family members often being a critical economic consideration when making a mobility decision. 

Longer validity for jobseeker visa. The validity period for one of Spain’s two jobseeker visas will be increased to one year, up from the current three months. This visa, however, will remain limited to a narrow group of applicants, including descendants of Spanish citizens who may have lost Spanish citizenship, or applicants in fields or sectors which are approved by government authorities on a discretionary basis. 

This visa is different from Spain’s other jobseeker permit, which applies to university graduates (and which has not been changed as part of these reforms).

Despite this visa’s limited scope, these reforms are likely to make Spain more attractive to certain foreign nationals by providing them with a longer timeframe to secure employment, reducing the pressure of finding a job quickly and ensuring applicants are better able to find a role that aligns well with their skill set. 
Easier regularization of residency status. The reforms will make it easier for undocumented foreign nationals who can show some connection to Spain (including social, family, or work, among other methods) to access legal residency status. By increasing the pool of individuals eligible for work authorization, this reform may substantially and quickly increase the pool of eligible talent available to employers, helping to ease current labor shortages. 

The regulations also make the following reforms, among others:

  • Self-employment. Employment permit holders will be able to automatically engage in self-employment, provided that such self-employment remains ancillary to their main employment role. Currently, this is possible only if the employee applies for a separate ‘self-employment’ permit. 
  • Long-term residence. The scope of long-term residence in Spain will be clarified to ensure it adheres to EU regulations on the subject, and to remove current legislative ambiguity. 
  • Van Der Elst Process. The regulations will expressly regulate for the so-called ‘Van Der Elst Process’ – a legal principle under which non-EU nationals working legally in one EU Member State can provide temporary services in another one without obtaining a separate work permit. Currently, although Spanish authorities adhere to Van Der Elst requirements, there is a lack of express regulation on the subject. 

Background

  • Addressing labor shortages. Among other goals, these reforms seek to expand the country’s labor market in response to persistent labor shortages in many sectors. 
  • Separate regularization efforts. Spanish authorities are separately proposing reforms that would regularize the immigration status of around 900,000 undocumented foreign nationals over the next three years. 

Looking ahead

  • Effective date. Although these reforms have already been legislatively approved, they will only come into effect on May 20, 2025.
  • Transitional measures. Residence permits and cards issued before May 20, 2025 will remain valid. Applications submitted prior to May 20, 2025, will continue to be processed under the current regulations after May 20, 2025, unless applicants opt for the new regulations to apply.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

Country / Territory

  • SpainSpain

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

The PIE: More Declines Loom in “Seriously Concerning” US Visa Trends

Partner Aaron Blumberg noted that enhanced screening measures, including social media vetting, may be contributing to delays in US student visa processing.

Learn more

Media mentions

Construction Management: Immigration Reforms: What’s Next for Construction Employers?

Associate Ilaria Iovieno outlines how recent UK immigration reforms will impact construction employers and their ability to sponsor overseas talent.

Learn more

Media mentions

Grand Designs Magazine: How to Buy Your Dream Home Overseas

Director Isobel Neilson discusses how changes to golden visa programmes are affecting UK buyers pursuing overseas property investment.

Learn more

Media mentions

TechInformed: Global Talent, Local Growth: Immigration’s Role in the Tech Economy

Senior Associate Tayyaba Karim and Associates Aisha Shahid and Yinny Tan outline how UK immigration changes affect tech talent access and business alignment.

Learn more

Media mentions

The New York Times: Hoping to Visit the U.S.? It Might Cost You an Extra $250.

Partner Parisa Karaahmet is quoted on a new country-specific, $250 "visa integrity fee" introduced by the current US administration as part of a domestic policy bill.

Learn more

Media mentions

New Civil Engineer: The immigration white paper and the government’s Industrial Strategy – how do they compare?

Paralegal Sean Pearce discusses the UK government's immigration White Paper in the context of its Industrial Strategy, noting the importance of overseas talent in meeting infrastructure and housing goals.

Learn more

Video

Update on U.S. Tariffs | #MobilityMinute

In this Mobility Minute, Partner Christian Dallman shares an update on US tariffs as the August 1 deadline for trade negotiations approaches.

Learn more

Media mentions

Saudi Gazette: Saudi Arabia’s Skill-Based Work Permit System Reshapes Expat Employment Landscape

Partner Haider Hussain discussed how Saudi Arabia’s new skill-based work permit system is reshaping employer compliance and recruitment strategies.

Learn more

Podcast

Visa Policy Changes in Nigeria

Director Caroline Kanzara-Obinwa and Manager Tarissa Wareley are joined by Bloomfield Law Practice's Kunle Obebe and Peace Lotechukwu to discuss Nigeria's 2025 visa policy reforms.

Learn more

Media mentions

Windpower Monthly: Wind Industry’s Chronic Skills Shortage Exacerbated by Tough Immigration Rules

Associate Yinny Tan outlines how proposed UK immigration changes may affect workforce planning and talent access in the wind industry.

Learn more

Blog post

UK Creative Industries & Immigration: What the 2025 Policy Changes Mean

Senior Manager Sean Rhodes, Associate Jennifer Gray and Paralegal Mariel Arquero outlines how the United Kingdom's 2025 immigration policy changes will impact the creative industries.

Learn more

Media mentions

AAML: Navigating U.S. Passport Applications for Minors Under 16: A Guide for Family Law Attorneys

Senior Associate Carolyn Alvarez outlines US passport rules for minors to guide family law attorneys on immigration requirements.

Learn more

Media mentions

The PIE: More Declines Loom in “Seriously Concerning” US Visa Trends

Partner Aaron Blumberg noted that enhanced screening measures, including social media vetting, may be contributing to delays in US student visa processing.

Learn more

Media mentions

Construction Management: Immigration Reforms: What’s Next for Construction Employers?

Associate Ilaria Iovieno outlines how recent UK immigration reforms will impact construction employers and their ability to sponsor overseas talent.

Learn more

Media mentions

Grand Designs Magazine: How to Buy Your Dream Home Overseas

Director Isobel Neilson discusses how changes to golden visa programmes are affecting UK buyers pursuing overseas property investment.

Learn more

Media mentions

TechInformed: Global Talent, Local Growth: Immigration’s Role in the Tech Economy

Senior Associate Tayyaba Karim and Associates Aisha Shahid and Yinny Tan outline how UK immigration changes affect tech talent access and business alignment.

Learn more

Media mentions

The New York Times: Hoping to Visit the U.S.? It Might Cost You an Extra $250.

Partner Parisa Karaahmet is quoted on a new country-specific, $250 "visa integrity fee" introduced by the current US administration as part of a domestic policy bill.

Learn more

Media mentions

New Civil Engineer: The immigration white paper and the government’s Industrial Strategy – how do they compare?

Paralegal Sean Pearce discusses the UK government's immigration White Paper in the context of its Industrial Strategy, noting the importance of overseas talent in meeting infrastructure and housing goals.

Learn more

Video

Update on U.S. Tariffs | #MobilityMinute

In this Mobility Minute, Partner Christian Dallman shares an update on US tariffs as the August 1 deadline for trade negotiations approaches.

Learn more

Media mentions

Saudi Gazette: Saudi Arabia’s Skill-Based Work Permit System Reshapes Expat Employment Landscape

Partner Haider Hussain discussed how Saudi Arabia’s new skill-based work permit system is reshaping employer compliance and recruitment strategies.

Learn more

Podcast

Visa Policy Changes in Nigeria

Director Caroline Kanzara-Obinwa and Manager Tarissa Wareley are joined by Bloomfield Law Practice's Kunle Obebe and Peace Lotechukwu to discuss Nigeria's 2025 visa policy reforms.

Learn more

Media mentions

Windpower Monthly: Wind Industry’s Chronic Skills Shortage Exacerbated by Tough Immigration Rules

Associate Yinny Tan outlines how proposed UK immigration changes may affect workforce planning and talent access in the wind industry.

Learn more

Blog post

UK Creative Industries & Immigration: What the 2025 Policy Changes Mean

Senior Manager Sean Rhodes, Associate Jennifer Gray and Paralegal Mariel Arquero outlines how the United Kingdom's 2025 immigration policy changes will impact the creative industries.

Learn more

Media mentions

AAML: Navigating U.S. Passport Applications for Minors Under 16: A Guide for Family Law Attorneys

Senior Associate Carolyn Alvarez outlines US passport rules for minors to guide family law attorneys on immigration requirements.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.