On 16 August 2022, the amendments to Spanish law Ley Orgánica 4/2000, de 11 de enero, sobre derechos y libertades de los extranjeros en España y su integración social, approved by Real Decreto 629/2022, de 26 de julio, entered into force. The Spanish Immigration Law Reform introduces a number of improvements aimed at simplifying certain formalities, shortening timeframes and easing certain requirements for obtaining residence permits in Spain. The relocation of entrepreneurs to Spain and the hiring of workers in their country of origin before moving to Spain are encouraged.
Here we take a look at the most important changes that will help you when moving to Spain:
1. Social roots residency due to vocational training
A foreigner may obtain a temporary residence permit for a period of 12 months if the following requirements are met:
- No criminal record in Spain, in the place of your nationality and in the place of your last residence in the last five years.
- Previous continuous residence in Spain for two years.
- Commitment to undertake formal employment-orientated training in Spain. The foreigner must submit documents confirming enrolment in studies within three months from the date of obtaining the residence permit. Otherwise, the residence permit will be cancelled.
This type of residence permit can be extended for a further 12 months and converted into a work permit when the foreigner receives a job offer with a salary equal to or higher than the minimum interprofessional salary (SMI).
2. Obtaining a residence permit under an employment contract from the country of origin
Previously, moving to Spain on the basis of a residence permit under an employment contract from the country of origin was quite difficult. This was only possible if the worker was included in a limited list of professions, or if a certificate of ineligibility for a vacant position was obtained. Nowadays, the occupations in the catalogue have been expanded so that more positions will be available. Furthermore, the list will be updated every three months and will take into account needs related to the geography of the authority.
3. Employment of foreign nationals in the country of origin
Any company that needs to fill a vacancy and cannot hire someone located in the national territory (the offer must be posted within 8 days on the job portal) can hire a foreign national from their own country by certifying the non-eligibility of the applicants for the vacant position. The Public Employment Service can issue a certificate of non-compliance with the applicants' requirements for the vacant position within 3 days, after which the application for a residence permit and work permit under an employment contract can be submitted to the Spanish migration authorities.
4. The period for which a residence permit is extended under an employment contract has been extended
Until now, a residence permit was issued for one year in the presence of an employment contract. Upon expiry, the residence permit could be extended for another two years and then for another two years. After this time it was already possible to obtain a permanent residence permit. Currently, after a residence permit for one year, a residence permit can be extended for 4 years at a time. This measure involves speeding up the legalisation process, as well as eliminating certain formalities.
5. Self-employment
It has become easier to obtain a residence permit as a sole proprietor or self-employed person, as the requirements on the level of economic means have been reduced and new possible areas for self-employment have been taken into account.
6. Student visa and right to work
Any non-EU citizen in Spain on a student visa was able to work 20 hours a week. At the moment you can work up to 30 hours a week and geographical restrictions are removed as long as they do not interfere with your studies.
At the moment it is possible to work up to 30 hours per week and geographical restrictions are removed provided they do not interfere with studies.
Another important change is that anyone with a student visa will be able to automatically obtain a work permit after completing their studies, regardless of the length of their studies.
7. Online application for a national visa
It will be possible to apply for a national visa online. In this case, you will need to follow the changes in the application procedure at the Spanish Consulates in your country of citizenship/temporary or permanent residence permit.