The Congress of Deputies has extended the deadline for amendments to the popular legislative initiative on the Regularization of Foreigners in Spain 2024, until September.
This regulation could benefit around 500,000 forgieners in Spain.
The government has stated that the regularization of foreigners is a comprehensive process that must be done correctly and, therefore, requires time. They said, “we need to evaluate the situation and identify the weaknesses in the regularization process.” This justifies the extension of the amendment period to study the case thoroughly.
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Regularization of foreigners in Spain 2024.
SUBMIT MY FILE NOW OR WAIT:
Many clients are asking us if it’s better to submit their residence application file now, for instance, a social roots application, or wait for the 2024 regularization.
As lawyers, we think it’s better to submit your application. That is, if you have already verified that you meet the requirements for your Social Roots or Roots for Training, you should submit the application.
At the moment, it is uncertain when this proposal to regularize foreigners in Spain will come into effect or under what conditions.
Therefore, we believe it is better to submit your file now and not wait any longer.
REGULARIZATION OF FOREIGNERS AND EMPLOYMENT CONTRACT:
A new proposed law is currenlt being drawn up in Congress which will regularize about 500.000 people who are staying in Spain ilegally.
This proposed law is supported by over 600,000 signatures and several Social initiative organizations.
The promoters of this proposal appeared in Congress March 2022, where some parties raised concerns about the risk of a “pull effect“, but eventually, all parliamentary groups have agreed to study this proposal which will regularize more than 500,000 people in Spain. The only political party that opposed this proposal was VOX, arguing that “We want Spain to remain Spain and not become Morocco, Algeria, Nigeria, or Senegal. This is not hate, xenophobia, or racism; it is pure common sense,” and added that the current situation creates a “pull effect.”
REGULARIZATION OF FOREIGNERS 2024:
This regularization of foreigners in Spain has already been approved by the majority of political parties.
This regularization is initially expected to be tied to a work contract, meaning the applicant would need to have a work contract before their application. Although many people think that it is impossible to have a regularization offer linked to a work contract, saying that mass regularization cannot be done without a work contract, but the idea behind a regularization process is to bring people out of the clandestine labor market and into the regular market. This has been the case in the past, requiring not only a period of residence in Spain but also a clean criminal record and the offer of a work contract.
In this instance it does not make much sense to regularize foreigners without a work contract because the ultimate goal of regularization is to incorporate these foreigners into the labor market as soon as possible. This is necessary because our labor market and companies need these workers, and the sustainability of the welfare state depends on the contributions made through taxes and social security payments from our work and income.
There are about 300,000 irregular foreigners in Spain, many of whom are working, and it is essential to integrate them into the labor market legally. This was the case in the past, where the time spent in Spain was not as significant as having a work contract. Forget about specific dates like November 2021; what will matter is the presence of a work contract. This regularization will focus on a commitment to employment, probably requiring a work contract upon meeting certain conditions.
A regularization process without considering the labor market and job offers is unrealistic. When the legislative initiative was approved, the first thing we did was discuss it with people in the field of immigration, including lawyers, social workers, colleagues, and even officials who have credibility because they have been involved in these changes for years. We all agreed that a regularization process should consider the labor market. The recent labor market reforms also point towards indefinite contracts. We all agreed, how can we talk about regularizing workers without considering their integration into the labor market?
The aim is to have contracts that are indefinite, possibly discontinuous but still indefinite. There may be other conditions, like the duration of residence in Spain, but the work contract will be a fundamental aspect. Political debates will likely focus on integrating these workers into the labor market, resulting in hundreds of thousands of new contributors to social security and tax payments.
People often say that there are already regularization processes, but these are much more difficult compared to an exceptional regularization process. For instance, in 2005, only six months of residence, along with a work contract was required as a requirement to request the regularization process. If a similar process is implemented in 2024, it might be easier for many to regularize their status.
In conclusion, we believe that regularization will be tied to a work contract, even though some may disagree. The objective is for these individuals to work, contribute, and support the state. We think this is the direction we are heading, but we’ll see how it unfolds, allowing many to be able to regularize their status.
REGULARIZATION OF IMMIGRANTS:
The proposed law has given the Government six months to approve a Royal Decree establishing an administrative procedure to process and regularize all individuals who were in Spain before November 1, 2024.
Spain has udergone several similar regularizations, the last in 2005 , through which more than 600,000 people were regularized.
REFORM OF IMMIGRATION REGULATIONS:
We believe that this could be a good time to carry out this regularization of foreigners in Spain, coinciding with the new reform of the Immigration Regulations, published previously-here.
To date, we know that the reform of the Immigration Regulations aims to:
- Reduce procedures and documentation
- Simplify processes
- Simplify authorizations and residence permits in Spain
- Interconnect various administrations to avoid providing extra documentation
- Properly regulate the situation of both direct and extended family members within a section of the Immigration Regulations
- Properly regulate the figure of Roots for Training and ensure this permit allows at least partial employment
- Facilitate the incorporation of foreign citizens into the labor market
- Simplify or facilitate the processes of modifying residence permits that do not allow work, such as non-lucrative residence permits to permits with work authorization
- Continue advocating for the electronic submission of processes, etc.
ALL TYPES OF RESIDENCY AVAILABLE IN SPAIN:
- Golden-Visa Spain (residence in Spain by investment)
- Non-Lucrative visa Spain (Spanish visa non lucrative)
- Self-Employed visa Spain (self employed expats in Spain)
- Digital-Nomad visa Spain (remote worker in Spain)
Please see-here our video-blog with options and legal-advice to obtain residency in Spain.
Remember that immigration procedures and immigration regulations change regularly, so it’s crucial to stay updated with the latest information from reliable sources. If you have specific questions or concerns about your situation, it’s advisable to consult with immigration authorities or legal professionals specializing in immigration matters, to do this, please click-here »
DO YOU REQUIRE ASSISTANCE TO APPLY FOR RESIDENCE OR CITIZENSHIP IN SPAIN?
We are a Spanish Solicitor and assist our clients with all types Spanish legal processes.
Permanent residency is obtained after 5 years of Spanish Residency through Self-Employed Residency, Digital-Nomad, Non-Lucrative Residency or Golden-Visa. This followed by 5 years as a permanent resident in Spain and means you can then obtain Spanish Citizenship with a Spanish Passport.
