• Make a Donation
  • Ask For Advice

New Regulation of Spain’s Foreigners Law (Royal Decree 1155/2024)

Benefit from the Spain info Card. www.spaininfo.eu

Posted in: Information Topic, Latest News, Legal, News Articles, Residency,
Author: Myra Cecilia Azzopardi
Tags:

Royal Decree 1155/2024: Summary of Key Updates and Structural Reform

Royal Decree 1155/2024, of November 19, approves the new Regulations of Organic Law 4/2000, on the rights and freedoms of foreigners in Spain and their social integration. It introduces a range of substantive and procedural updates aimed at simplifying administrative processes, aligning Spanish legislation with EU law, and enhancing the rights and legal certainty of foreign nationals in Spain. (This is a domestic law ,  an amendment to Organic Law 4/2000 — and does not affect EU citizens, who are covered by separate EU legislation).

Entry into force:  05/20/2025

1. Residence Authorisations and Renewals

  • Initial residence authorisations now have a standard duration of one year.

  • Renewals . Certain residency renewals will be granted for four years, increasing legal stability for both migrants and employers.

  • The residence and work permits are now unified, streamlining the process for legal employment

2. Updates to Arraigo (Rootedness) Categories

  • The new regulation recognizes five types of arraigo: social, socio-laboral, family, socio-educational, and second-chance arraigo.

  • All permits under these categories now authorize work.

  • Second-chance rootedness allows those who previously held permits and could not renew them to regain legal status.

  • Family-based rootedness authorizations now last five years.

3. Family Reunification

  • The age limit for regrouped children has been raised to 26 years, if dependent.

  • Unregistered partners and other dependent relatives (e.g., victims of human trafficking or gender violence) are now eligible for reunification.

  • A new chapter regulates the temporary residence of family members of Spanish nationals, expanding rights and clarifying eligibility.

4. Residence for Studies and Employment

  • Holders of study-related authorizations can now work up to 30 hours/week.

  • The transition from study permits to work permits is simplified.

  • Definitions around study stays, volunteering, and training activities are clarified to ensure consistency with EU Directive 2016/801.

  • A Registry of Higher Education Institutions and Centers is created to provide legal certainty regarding where such activities can be undertaken.

5. Seasonal and Collective Work Permits

  • Title V introduces individual residence and work permits for seasonal activities with guaranteed worker rights.

  • Title VI regulates collective hiring at the country of origin, allowing the joint processing of multiple permits (minimum of 10).

6. Exceptional Circumstances & Vulnerability Protections

  • Expanded eligibility for temporary residence under exceptional circumstances, including:

    • Victims of sexual violence, hate crimes, or labor exploitation.

    • Individuals cooperating with authorities or facing humanitarian concerns.

  • The legal scope of family-rooted permits is now limited to parents of EU citizens.

  • Victims of gender-based and sexual violence, along with their dependent children or minors under guardianship, are explicitly covered under revised provisions.

7. Other Significant Updates

  • Title I & II modernize entry/exit and visa processes, aligning closely with Schengen and EU norms.

  • Title III & IV reform the regime for short and long-term stays, and temporary residence permits.

  • Title X addresses long-term residence to align with Directive 2003/109/EC and partially transposes Directive (EU) 2021/1883.

  • Title XI introduces a single application procedure in line with Directive (EU) 2024/1233, enhancing clarity around residence/work modification procedures.

  • Title XII outlines common procedural rules, including application submission, jurisdiction, and expiration conditions.

  • Title XIII to XV regulate foreigner documentation, immigration offenses, and the functioning of immigration offices.

Institutional and Strategic Context

Spain’s approach to migration is grounded in the Constitution, aligned with EU law, and shaped through inter-ministerial cooperation and social dialogue via the Tripartite Labor Commission on Immigration. The decree supports a comprehensive migration policy, integrating humanitarian aid, prevention of irregular immigration, and the promotion of legal channels, in accordance with instruments like the UN Global Compact for Migration (2018).

Additionally, it serves as a preparatory step toward adapting Spain’s migration framework to the New Pact on Migration and Asylum adopted by the EU in December 2023. The government is mandated to introduce further regulatory reforms to protect vulnerable populations facing serious political, ethnic, or religious threats.

Structure of the Regulation

The regulation comprises:

  • 265 articles, organized into 15 titles

  • 19 additional provisions

  • 1 transitional provision

  • 5 transitional provisions (in the Royal Decree itself)

  • 1 repealing provision and 4 final provisions

Entry into force on May 20, 2025, and replaces Royal Decree 557/2011, marking a major regulatory shift in Spain’s immigration system.

Here’s a simple before vs. after comparison table for Royal Decree 1155/2024 to highlight what’s actually changed:

 

Area Before (RD 557/2011) After (RD 1155/2024)
Residence & Work Permits Separate processes for residence and work Combined: residence permit includes work rights
Arraigo Types 3 main types (social, labor, family) 5 defined types incl. educational and 2nd chance
Job Search Visa Duration 3 months 1 year
Work While Studying Max 20 hours/week, limited permission 30 hours/week, more flexible access
Transition from Student to Work Permit Cumbersome, required separate process Streamlined: easier switch after graduation
Family Reunification Age Limit Children under 21 (strict) Raised to 26 if dependent
Definition of Family Spouse and minor children Expanded: includes domestic partners and other dependents
Permit Duration (Initial) Varies by case, sometimes less than 1 year 1 year initial, then renewable for 4 years
Victim Protections Limited scope Expanded: includes victims of sexual violence, hate crimes
EU Directive Alignment Partial Full alignment with Directives 2016/801, 2021/1883, 2024/1233

 Please open the link below for the full law.

Foreigners law to come into force May 20, 2025

 

 

 

 

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.

How Can Citizens Advice Bureau Spain Benefit You?

As an expatriate living in Spain; do you find that the Spanish bureaucratic system can be disconcerting? Have you discovered that the simplest of transactions are difficult to conclude? Find yourself searching for answers to problems only to discover that there is nowhere where you could find a solution? I am assuming that the answer is yes and that is why should be a member of our web site if you arent already.
Lost in Spanish bureaucracy?
Touch here.
Partner Logo
Spain info Card Benefits