• 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

Deutscher AnwaltSpiegel: Die Blaue Karte EU 2026

Partner Marius Tollenaere outlines the key 2026 EU Blue Card changes employers must understand to stay compliant and competitive.

Learn more

Media mentions

STV News: What Can Scots Fans Do if Their US Travel Permits Have Been Revoked?

Partner Charlotte Slocombe explained options available to Scotland fans whose US ESTAs have been denied or revoked ahead of the FIFA World Cup.

Learn more

Media mentions

Arabian Gulf Business Insight: Corporate Relocations to the Gulf Retain Appeal

Partner Abeer Al Husseini discusses evolving corporate relocation strategies and sustained demand for moves to the Gulf.

Learn more

Blog post

Business Immigration After the Midterms (Part 3): Four Scenarios and What Employers Should Do Now

Partner K. Edward Raleigh analyzes post‑midterm business immigration risks in Part 3 of this blog series, outlining four possible election outcomes and the practical steps employers should take to prepare for increased enforcement and scrutiny.

Learn more

Media mentions

People Management: Can the Government Stop Overseas Employees Visiting the UK?

Partner Natasha Catterson explains how the UK ETA scheme is changing business travel by requiring pre-travel digital approval for many visa-exempt visitors.

Learn more

Media mentions

The PIE: Trump’s $100,000 H-1B Fee Ruled Unlawful

Partner K. Edward Raleigh discusses the recent H-1B fee ruling and the potential for further appeals.

Learn more

Media mentions

Bloomberg Law: Congress’ Taxing Power Key to Trump Loss on $100,000 H-1B Fee

Partner Bo Cooper discussed a federal court decision vacating the $100,000 H-1B fee and noted that further legal proceedings are likely to shape the policy’s future.

Learn more

Blog post

Separating Fact and Fiction: Debunking Myths in German Immigration Law

Manager Adela Schmidt examines common misconceptions in German immigration law, including EU Blue Card mobility, short-term work permissions, residence permit extensions and communication with immigration authorities.

Learn more

Media mentions

Arbeit und Arbeitsrecht: § 45c AufenthG – Gut gemeint, aber lückenhaft?

Frankfurt Managing Partner Axel Boysen examines Germany's new Section 45c requirements and highlights key compliance considerations for employers recruiting talent from abroad.

Learn more

Video

Mexico Entry Requirements for the 2026 FIFA World Cup | #MobilityMinute

Senior Manager Sergio Flores discusses key immigration and travel considerations for individuals planning to visit Mexico during the FIFA World Cup 2026™, including visa waiver status, passport validity, FMM documentation and potential work-related visa requirements.

Learn more

Media mentions

PitchBook: Trump’s $100K H-1B Fee Was Meant to Slow Foreign Tech Hiring. It May Not Be Working.

Partner Audrea Golding discusses how top-funded startups may have greater flexibility in managing H-1B costs amid evolving hiring dynamics.

Learn more

Video

Swiss Naturalization: Understanding the Framework | #MobilityMinute

Manager Mihaela Dumitru discusses the Swiss citizenship process, including the authorities involved, key naturalization routes and why early planning is important.

Learn more

Media mentions

Deutscher AnwaltSpiegel: Die Blaue Karte EU 2026

Partner Marius Tollenaere outlines the key 2026 EU Blue Card changes employers must understand to stay compliant and competitive.

Learn more

Media mentions

STV News: What Can Scots Fans Do if Their US Travel Permits Have Been Revoked?

Partner Charlotte Slocombe explained options available to Scotland fans whose US ESTAs have been denied or revoked ahead of the FIFA World Cup.

Learn more

Media mentions

Arabian Gulf Business Insight: Corporate Relocations to the Gulf Retain Appeal

Partner Abeer Al Husseini discusses evolving corporate relocation strategies and sustained demand for moves to the Gulf.

Learn more

Blog post

Business Immigration After the Midterms (Part 3): Four Scenarios and What Employers Should Do Now

Partner K. Edward Raleigh analyzes post‑midterm business immigration risks in Part 3 of this blog series, outlining four possible election outcomes and the practical steps employers should take to prepare for increased enforcement and scrutiny.

Learn more

Media mentions

People Management: Can the Government Stop Overseas Employees Visiting the UK?

Partner Natasha Catterson explains how the UK ETA scheme is changing business travel by requiring pre-travel digital approval for many visa-exempt visitors.

Learn more

Media mentions

The PIE: Trump’s $100,000 H-1B Fee Ruled Unlawful

Partner K. Edward Raleigh discusses the recent H-1B fee ruling and the potential for further appeals.

Learn more

Media mentions

Bloomberg Law: Congress’ Taxing Power Key to Trump Loss on $100,000 H-1B Fee

Partner Bo Cooper discussed a federal court decision vacating the $100,000 H-1B fee and noted that further legal proceedings are likely to shape the policy’s future.

Learn more

Blog post

Separating Fact and Fiction: Debunking Myths in German Immigration Law

Manager Adela Schmidt examines common misconceptions in German immigration law, including EU Blue Card mobility, short-term work permissions, residence permit extensions and communication with immigration authorities.

Learn more

Media mentions

Arbeit und Arbeitsrecht: § 45c AufenthG – Gut gemeint, aber lückenhaft?

Frankfurt Managing Partner Axel Boysen examines Germany's new Section 45c requirements and highlights key compliance considerations for employers recruiting talent from abroad.

Learn more

Video

Mexico Entry Requirements for the 2026 FIFA World Cup | #MobilityMinute

Senior Manager Sergio Flores discusses key immigration and travel considerations for individuals planning to visit Mexico during the FIFA World Cup 2026™, including visa waiver status, passport validity, FMM documentation and potential work-related visa requirements.

Learn more

Media mentions

PitchBook: Trump’s $100K H-1B Fee Was Meant to Slow Foreign Tech Hiring. It May Not Be Working.

Partner Audrea Golding discusses how top-funded startups may have greater flexibility in managing H-1B costs amid evolving hiring dynamics.

Learn more

Video

Swiss Naturalization: Understanding the Framework | #MobilityMinute

Manager Mihaela Dumitru discusses the Swiss citizenship process, including the authorities involved, key naturalization routes and why early planning is important.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
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
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • 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

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

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
ContactCareersMediaClient Portal
Important Updates
Important Updates
June 11, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
June 12, 2026Malaysia: Foreign Knowledge Worker Projection Requests Reintroduced
June 12, 2026 | United StatesUnited States: District Court Temporarily Stays Order Vacating $100,000 H-1B Fee
June 11, 2026 | CanadaCanada: Quebec Experience Program for Permanent Residence to Reopen Temporarily
June 11, 2026 | GermanyDeutscher AnwaltSpiegel: Die Blaue Karte EU 2026
June 11, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
June 12, 2026Malaysia: Foreign Knowledge Worker Projection Requests Reintroduced
June 12, 2026 | United StatesUnited States: District Court Temporarily Stays Order Vacating $100,000 H-1B Fee
June 11, 2026 | CanadaCanada: Quebec Experience Program for Permanent Residence to Reopen Temporarily
June 11, 2026 | GermanyDeutscher AnwaltSpiegel: Die Blaue Karte EU 2026
June 11, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
Subscribe

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
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

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

© 2026 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.