Further to our recent post on one of our Facebook groups ‘Move to Spain’ at Just Law Solicitors we announced there would be some new immigration laws. As always we only use the BOE the official Spanish legal update, and all our updates are written by a Spanish lawyer.
On August 16th, 2022, the changes in immigration legislation in Spain will come into force. They can be summarised as follows:
Work Permit: Until now, to employ a non-EU foreigner, there was a priority to occupy jobs by people who were already in Spain legally or by Spaniards, which made it very difficult to obtain a work permit. In this regard, the new regulations relax the requirements for self-employed workers from third countries eg the UK; Hiring procedures in the country of origin of those occupations belonging to the economic sectors determined by the government are improved and processing times are reduced, in theory, although in practice it will be difficult to carry out given the burden of work of the consulates and the shortage of personnel.
Residence permit for students: The possibilities of being able to work are increased, and it is easier to attract international talent. The new law allows students to combine work and training, as long as they are compatible with the studies carried out and do not exceed 30 hours per week, even if they have not finished their studies.
The most significant innovations have been made in the regularisation of foreigners who are illegally in Spain
Labour roots (Arraigo Laboral), as an important novelty, to prove the employment relationship and its duration, the interested party must present any means of proof that proves the existence of a previous employment relationship carried out in a legal situation of stay or residence.
Social roots, (Arraigo social), the work contract that is presented to request the authorisation will not be valued for its duration, but for its adequacy to the Minimum Interprofessional Salary (SMI) and must represent a weekly working of not less than thirty hours in the global computation.
Family roots, (Arraigo familiar) includes the guardian and the person who provides support to a person with a disability of Spanish nationality so that they can regularise their situation in Spain. Also in the case of the accredited spouse or common-law partner of a citizen of Spanish nationality and in the case of dependent ascendants or descendants of a citizen of Spanish nationality, or of their spouse or common-law partner.
The reform includes a new figure of roots for studies (Arraigo por estudios) which grants a residence permit for a period of 12 months to foreigners who have remained in Spain continuously for a minimum period of two years if they undertake to carry out official studies.
Regarding family reunification, the reform creates a system specific to the family member of a Spanish citizen who wishes to maintain their family unit in Spain, and the family reunification requirements are also made more flexible when they affect foreign minors, or people with disabilities or in situations of vulnerability.
The new standard also provides for the compatibility of working for yourself and for someone else.
It should be remembered that any permit that is in force as of August 16th, 2022 will be kept for the time for which they were issued and if the application had been submitted before the entry into force of this new law, will resolve in accordance with the regulations in force on the date of its presentation, unless it is less favourable for the interested party.
As always this isn’t legal advice. If you need a visa in Spain whether it be a non-lucrative visa or a golden visa. Get in touch with a qualified Spanish law firm like Just Law Solicitors. We can also help with buying a property in Spain.
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