Spain’s immigration framework is evolving to meet the demands of modern mobility, social inclusion, and EU alignment. The newly approved Real Decreto 1155/2024, set to take effect on May 20, 2025, introduces significant reforms that aim to simplify processes, enhance flexibility, and ensure greater protection for vulnerable groups. Below, we explore the key highlights, comparing them with the current legislation (RD 557/2011) to understand the improvements.
1. Aligning with European Standards
The new regulation aligns Spanish immigration policies with EU directives, including:
- Directive 2016/801: Focused on researchers, students, and volunteers.
- Directive 2021/1883: Enhancing conditions for highly qualified employment.
- Directive 2024/1233: Establishing a single application process for residence and work permits.
What’s new?
Under RD 1155/2024, these directives are more comprehensively integrated, ensuring coherence with EU standards, which was less explicitly addressed in RD 557/2011.
2. Flexibility in Work Permits
- Under RD 557/2011: Employment was limited to either self-employment or contracted work.
- Under RD 1155/2024: Applicants can now combine self-employment with employment contracts, allowing for greater economic adaptability. Temporary work permits are also included in initial authorizations, streamlining the process.
This flexibility empowers immigrants to pursue diverse work opportunities, reducing bureaucratic hurdles.
3. Enhanced Support for Vulnerable Groups
The new RD significantly expands protections:
- RD 557/2011: Limited protections for victims of gender-based violence.
- RD 1155/2024: Includes protections for victims of sexual violence and hate crimes, granting residence permits under exceptional circumstances.
This is a vital step forward in safeguarding human rights and addressing modern societal challenges.
4. Revolutionary Changes in Arraigo Programs
The concept of arraigo has been redefined:
- RD 557/2011:
- Arraigo required a 3-year residence period and was limited to social and labor contexts.
- Training was permitted but did not include simultaneous employment.
- RD 1155/2024:
- Introduces Socio-Educational Arraigo, allowing part-time work during training.
- Launches Second Chance Arraigo for individuals who lost residence permits due to missed renewals.
- Shortens the residence requirement to 2 years.
These updates not only facilitate smoother integration but also make it easier for individuals to recover or secure legal status.
5. Simplified Family Reunification
- RD 557/2011: Reunification rules were unclear and restrictive.
- RD 1155/2024: Establishes clear criteria, such as:
- A minimum age of 18 for reuniting spouses.
- Expanded recognition of familial ties.
- Alignment with Spain’s updated housing legislation, making requirements more transparent.
This ensures greater inclusivity while simplifying procedures for applicants.
6. Improved Procedures and Clarity
The procedural changes are a key highlight:
- RD 557/2011: Complex processes for applications, renewals, and modifications.
- RD 1155/2024: Provides clear guidance on all procedures, creating a more accessible and efficient system.
Additionally, the introduction of a Registry of Institutions and Higher Education Centers ensures legal certainty for applicants pursuing educational opportunities.
7. Key Dates and Transition
The decree will repeal RD 557/2011 on May 20, 2025. Applications submitted before this date will follow the current rules unless applicants opt for the new provisions and meet the updated criteria.
Why This Matters
The improvements introduced by RD 1155/2024 mark a significant evolution in Spain’s immigration framework. By addressing the shortcomings of RD 557/2011, the new regulation fosters a more inclusive and adaptable system:
- Flexibility for workers: Combining employment options.
- Clearer processes: Reducing bureaucracy.
- Support for vulnerable groups: Expanding protections.
Understanding these changes is crucial for those navigating Spain’s immigration system. Whether you’re planning to move or are already here, these updates promise a brighter, more inclusive future for immigrants in Spain.
By: Andrea Gil
