Important Updates
Important Updates
June 11, 2025 | IrelandIrish Legal News: Fragomen Opens Second Office in Cork
June 11, 2025 | CanadaCanada: Ontario Provincial Nominee Allocation Significantly Reduced for 2025
June 11, 2025 | ColombiaColombia: Immigration Processing Delays and Closures due to Earthquake
June 11, 2025 | United KingdomConstruction News: The Immigration White Paper: What Builders Need to Know
June 11, 2025 | FinlandFinland: New End-of-Employment Notification Rule and New Job-Seeking Deadline
June 11, 2025 | IrelandIrish Legal News: Fragomen Opens Second Office in Cork
June 11, 2025 | CanadaCanada: Ontario Provincial Nominee Allocation Significantly Reduced for 2025
June 11, 2025 | ColombiaColombia: Immigration Processing Delays and Closures due to Earthquake
June 11, 2025 | United KingdomConstruction News: The Immigration White Paper: What Builders Need to Know
June 11, 2025 | FinlandFinland: New End-of-Employment Notification Rule and New Job-Seeking Deadline
June 11, 2025 | IrelandIrish Legal News: Fragomen Opens Second Office in Cork
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 AdministrationHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationImmigration Matters: Your U.S. Compliance RoadmapFragomen Consulting EuropeAustralian 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
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Fragomen Consulting Europe
  • 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

Construction News: The Immigration White Paper: What Builders Need to Know

Senior Associate Clara Gautrais and Immigration Paralegal Sean Pearce outline the impact of new visa skill requirements and sponsorship rules on UK construction firms.

Learn more

Video

European Club Season Wrap Up & Looking Forward to the 2025 Club World Cup | #FragomenFCLearn more

Media mentions

Irish Legal News: Fragomen Opens Second Office in Cork

This article in Irish Legal News covers the firm's recent announcement of its new office opening in Cork, Ireland.

Learn more
Generic Insights

Media mentions

Kiplinger: Retire in Finland and Live the Nordic Dream

Director Audrey Morew outlines how US retirees may apply for Finnish residency under the “residence permit on other grounds” route.

Learn more

Media mentions

Bloomberg: UK’s Visa Crackdown Leaves City of London Immigrants in Limbo

Partner Louise Haycock explains how the UK’s decision to double the qualifying period for Indefinite Leave to Remain is creating uncertainty for international talent and increasing pressure on employers.

Learn more

Fragomen news

Fragomen Appoints Partner Daniel Brown to Lead its WorkRight U.S. I-9 Technology Solution

Fragomen announces the appointment of Partner Daniel Brown to the position of Chief Executive Officer of WorkRight U.S., the firm’s I-9 employee verification technology.

Learn more

Fragomen news

Fragomen Ranked in Chambers USA 2025

Fragomen earned top rankings in Chambers USA 2025, with Band 1 recognition nationally.

Learn more

Media mentions

The Hollywood Reporter: Will Trump Torch L.A.’s Olympics?

San Diego Managing Partner Karine Wenger discussed the upcoming Olympic immigration landscape and potential challenges for international participants.

Learn more

Media mentions

Business Standard: Could Social Media Silence Cost You a US Student Visa? Experts Weigh In

Partner Daniel Pierce notes that limited social media activity or private accounts could lead to greater scrutiny for international students applying for US visas.

Learn more

Fragomen news

Fragomen Grows Irish Operations with New Cork Office

Fragomen announces the opening of a new office in Cork, expanding its presence in Ireland to better support clients across the country's southern and western regions.

Learn more

Awards

Fragomen Ranked in 2026 Edition of "Best Law Firms in Australia" by The Best Lawyers

Fragomen is ranked both nationally and locally in "Best Law Firms in Australia" by The Best Lawyers.

Learn more

Awards

Global Mobility Lawyer Recognises Fragomen's Wout van Doren and Tanya Loughran as Tomorrow's Leaders

Global Mobility Lawyer recognises Senior Immigration Manager Wout van Doren and Manager Tanya Loughran as Tomorrow's Leaders.

Learn more

Media mentions

Construction News: The Immigration White Paper: What Builders Need to Know

Senior Associate Clara Gautrais and Immigration Paralegal Sean Pearce outline the impact of new visa skill requirements and sponsorship rules on UK construction firms.

Learn more

Video

European Club Season Wrap Up & Looking Forward to the 2025 Club World Cup | #FragomenFCLearn more

Media mentions

Irish Legal News: Fragomen Opens Second Office in Cork

This article in Irish Legal News covers the firm's recent announcement of its new office opening in Cork, Ireland.

Learn more
Generic Insights

Media mentions

Kiplinger: Retire in Finland and Live the Nordic Dream

Director Audrey Morew outlines how US retirees may apply for Finnish residency under the “residence permit on other grounds” route.

Learn more

Media mentions

Bloomberg: UK’s Visa Crackdown Leaves City of London Immigrants in Limbo

Partner Louise Haycock explains how the UK’s decision to double the qualifying period for Indefinite Leave to Remain is creating uncertainty for international talent and increasing pressure on employers.

Learn more

Fragomen news

Fragomen Appoints Partner Daniel Brown to Lead its WorkRight U.S. I-9 Technology Solution

Fragomen announces the appointment of Partner Daniel Brown to the position of Chief Executive Officer of WorkRight U.S., the firm’s I-9 employee verification technology.

Learn more

Fragomen news

Fragomen Ranked in Chambers USA 2025

Fragomen earned top rankings in Chambers USA 2025, with Band 1 recognition nationally.

Learn more

Media mentions

The Hollywood Reporter: Will Trump Torch L.A.’s Olympics?

San Diego Managing Partner Karine Wenger discussed the upcoming Olympic immigration landscape and potential challenges for international participants.

Learn more

Media mentions

Business Standard: Could Social Media Silence Cost You a US Student Visa? Experts Weigh In

Partner Daniel Pierce notes that limited social media activity or private accounts could lead to greater scrutiny for international students applying for US visas.

Learn more

Fragomen news

Fragomen Grows Irish Operations with New Cork Office

Fragomen announces the opening of a new office in Cork, expanding its presence in Ireland to better support clients across the country's southern and western regions.

Learn more

Awards

Fragomen Ranked in 2026 Edition of "Best Law Firms in Australia" by The Best Lawyers

Fragomen is ranked both nationally and locally in "Best Law Firms in Australia" by The Best Lawyers.

Learn more

Awards

Global Mobility Lawyer Recognises Fragomen's Wout van Doren and Tanya Loughran as Tomorrow's Leaders

Global Mobility Lawyer recognises Senior Immigration Manager Wout van Doren and Manager Tanya Loughran as Tomorrow's Leaders.

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.