Main Changes in the New Immigration Regulation - Arraigo and Asylum

In November, the Spanish government approved a new Immigration Regulation set to come into effect on May 20 of this year. While this regulation introduces some positive changes aimed at improving certain procedures for migration regularization, it fails to achieve a deep structural change that comprehensively addresses the needs and rights of migrants and refugees. Several key proposals from social organizations advocating for these groups were excluded from the scope of this regulation.

Progress and Limitations of the Regulation Among the most notable positive aspects are:

• The reduction by one year of the minimum required time to apply for administrative regularization through arraigo.
• The relaxation of some requirements related to access to different types of residence and work permits.
• The development of new visa options as a regular means of entry into the country.

Despite these advances, the regulation also introduces significant challenges. In particular, it negatively impacts asylum seekers who are awaiting resolution or admission of their cases. These individuals may fall into irregular administrative status if their applications are denied. Furthermore, several important proposals presented by social organizations were not included, limiting the regulation's inclusivity.

Transitional Framework: During the first year of the regulation's implementation (from May 20, 2025, to May 20, 2026), a transitional framework will be established for asylum seekers whose applications have been definitively denied. To qualify for this framework, the following criteria must be met:

• Be in irregular administrative status before May 20, 2025, as a result of the definitive denial of their international protection application.
• Have resided for at least six months in irregular status prior to applying for arraigo.
• Meet the specific requirements for the various types of arraigo.

Once this transitional period has passed, applicants must demonstrate that they have been in Spain irregularly for at least two years before submitting their application.