Country Update 2025: SPAIN

Contributed by: Andrés de Ceballos Cabrillo

May 2025

1. Legislative changes

The main changes of the new regulation are:

• Changes to residence permits and visas

  • New specific title for visas: The system of authorizations, requirements, and procedures for obtaining visas is clarified, facilitating access to legal channels for entry and residence in Spain.

  • Job search visa: A specific visa for job seekers is introduced, aimed at people with training in high-demand sectors and descendants of Spanish nationals.

  • Greater flexibility for students and researchers: It is now easier for those studying or researching in Spain to work and transition to work permits.

  • Reformulation and expansion of the types of arraigo (rooting)

    The new regulations define and expand the types of arraigo, which are regularization pathways for foreigners in an irregular situation:

    • Social Roots: For those who can demonstrate family ties or social integration in Spain, as long as sufficient economic means.

    • Socio-occupational roots: For people with an employment contract that meets the requirements for residence and employment.

    • Family roots: Allows for the regularization of parents of EU minors and children of Spanish parents, although limitations have been introduced compared with the previous regulations.

    • Second chance: A new option for those who have lost their legal residence and need to regularize their status again.

    • Social and educational ties: Previously known as educational ties, this option allows those who are studying or undergoing specific training in Spain to regularize their status.

• Changes for asylum seekers

  See below

• Permits for victims of violence: Residence and work permits for victims of trafficking, gender-based violence, and sexual violence are strengthened, facilitating access to rights and immediate protection.

• Regulation of temporary work and circular migration

  • Specific authorization for seasonal work: A residence and work permit is created for seasonal activities, with additional protection allowing employers to be changed in the event of abuse or unforeseen circumstances.

  • New GECCO Order: Regulates recruitment at source and circular migration for 2025, facilitating annual recruitment in sectors with high labour demand.

• Other relevant aspects

  Reduction of processing times and simplification of procedures: The aim is to reduce bureaucracy and avoid situations of irregularity arising from administrative delays.

• Single permit: The European directive establishing a single procedure for applying for a permit authorizing residence and work in Spain is transposed.

• Document flexibility: The documents required for visas are made in principle more flexible. In practice, it will depend on the migration offices and consulates.

2. Business Immigration

The Spanish Parliament approved Organic Law 1/2025, of 2 January, on measures regarding the efficiency of the Public Justice Service, which abolishes Articles 63 to 67 of Law 14/2013, of 27 September, on support for entrepreneurs and their internationalisation.

It officially set 3 April 2025 as the date on which it will stop accepting new applications for the Golden Visa.

Only people who have invested in property will be able to renew their residence authorisations. Therefore, the possibility of renewing will not be available to those who have invested in bank accounts, Spanish funds, company shares or public debt.

3. Family based immigration.

In relation to ordinary migration, there is an expansion of the concept of reunited family members: this now includes children and parents of victims of trafficking, sexual violence, or gender-based violence.

• Minimum age for spouses: The minimum age for the reunification of spouses is set at 18.

• New cases of reunification: The reunification of dependent children of legal age is permitted and the cohabitation requirements for independent permits for spouses are clarified.

In relation to the family of Spanish citizens, a new status is created. It removes the members of a family of a Spanish Citizen of the framework of family members of EU citizens (changing the status from a right to an authorization.)

Members of the family:

• Spouse over 18 years old (minimum age for marriage in Spain is 16 years old)

• Children up to 26 years old.

• First-degree ancestors who are dependant or over 80 years old.

• A single relative up to the 2nd degree (siblings, grandchildren, or grandparents) who provides or will provide care to a person with a level of dependency.

• Children of Spanish parents by birth. Reunification or accompaniment is not required.

4. Asylum

The new Immigration Regulation will have a significant impact on the asylum system. Due to long delays in processing asylum applications—often taking two to three years—many asylum seekers have resorted to simultaneously applying for residence and/or work permits based on “exceptional circumstances”. These included, among others, permits granted through the arraigo para la formación (education-based rooting, requiring two years of residence in Spain and enrolment in a legally recognized training program) and through the arraigo social (social integration-based rooting, requiring three years of residence along with a valid job offer).

While the new regulation reduces the required period of residence to two years, it expressly states that time spent in Spain as an asylum seeker cannot be counted towards meeting this requirement. As a result, individuals whose asylum applications are denied will have to remain in Spain for an additional two years in an irregular situation—even in cases where they were previously employed under a permanent contract.

This change is likely to discourage some applicants from seeking asylum or even appealing rejected asylum applications, since this would only further delay the possibility of meeting the criteria for regularization.

The regulation includes a transitional provision stating that individuals who, as of May 20—the date the new Regulation comes into force—are in an irregular situation due to a final rejection of their asylum application or the dismissal of their appeal, may apply for regularization under the arraigo permits after just six months. However, the interpretation of this provision is expected to generate considerable legal uncertainty, which the Government intends to address through additional official guidelines.

4. Deportation

No important issues have arisen in the last year. The application of the judgments of the ECJ, MO (C-568/19) and that UN (C-409/20) clarified the situation regarding the deportation in Spain in 2023, and there have not been any any changes from then.

5. Citizenship

No major issues in this area. However, the application of the Democratic Memory Law has caused significant backlogs in the consulates and nationality offices, with more than 168,000 applications.