Country Update 2024: SPAIN

Contributed by: Andrés de Ceballos Cabrillo

May 2024

1. Business Immigration

Law 11/2023 makes the transposition of Directive 2021/1983 (Blue Card Directive).

New regulation on digital nomads, introduced in Law 14/2013.

2. Family based immigration.

The Administration has continued trying to argue that families of Spanish citizens do not have the right to the EU card.

Some Migration offices, without any legal basis, have decided to make it compulsory for family members of underage Spanish citizens to obtain a “family rooting permit” and not a Family of EU Citizens card.

This point has created a difference between the Spaniards who have exercised their right to free movement of persons within the EU and the rest - totally in contradiction to the ruling of the Supreme Court of June 1^st, 2010.

3. Asylum

The backlog of the asylum procedure continues to be a major problem for the Administration, which is unable to strengthen the Asylum Office in terms of personnel. By focusing on the alleged abuse of the asylum procedure by so-called economic migrants seeking access to work permits, the Administration has begun limiting the possibility for those whose asylum is denied to apply for another permit, even when they meet the legal requirements.

The forthcoming modification of the Spanish Regulation on Immigration, the EU Migration and Asylum Pact, and the Supreme Court’s interpretation will be key to the evolution of this procedure and access to rights for asylum seekers.

4. Deportation

No major changes this year. The deportation rules have been stabilised for the time being.

5. Citizenship

Citizenship based on democratic memory approved in 2022 has been extended for a third year, until 2025.