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Reform of the Aliens Act 2023: 5 essential new features


On 16 August 2022, the reform of the Law on Foreigners, approved by Royal Decree 629/2022 of 26 July, amending the Regulation of Organic Law 4/2000, on the rights and freedoms of foreigners in Spain and their social integration, following its reform by Organic Law 2/2009, approved by the Royal Decree 557/2011 of 20 April.

The Reform introduces a number of improvements in order to simplifying certain procedures, shortening deadlines and making some permit requirements more flexible. Similarly, it encourages the arrival of entrepreneurs in Spain and the hiring of workers in their country of origin before they move to Spain.

In the following, we will discuss the most important measures in detail.

Creation of the concept of "training roots".

The Reform of the Law on Foreigners introduces a new way of obtaining a residence permit: the "arraigo por formación", by virtue of which a foreigner can obtain a temporary authorisation to stay in Spain for a period of residence for a period of 12 monthsThe following requirements must be met:

  • Absence of criminal records in Spain, in the place of their nationality and in their last places of residence during the last five years.
  • Previous continuous residence in Spain of two years.
  • Assumption of the commitment to undertake official training in Spain, focused on employment. The foreigner must provide proof of enrolment within three months of the residence permit. Otherwise, the permit will be revoked.

Extension of the period of residence for training purposes

This permit may be extended for a further 12 months and converted into a work permit when you get a job offer at a salary equal to or higher than Minimum Interprofessional Wage (SMI).

Modification of employment roots, social roots and family roots

The figures of labour and social roots have undergone improvements in relation to the processes for obtaining residence, while the assumptions for the obtaining residence on the basis of family rootshave been extended:

Reform of the Law on Foreigners: Arraigo laboral

It shares the same requirements as the training roots in terms of the number of years of previous residence (two years) and the absence of a criminal record. However, proof of employment roots must be provided by means of documentation that justifies the existence of any employment relationship of at least six monthswhich must have been developed in regular situation -regardless of whether the applicant is in an irregular situation at the time of application.

Reform of the Law on Foreigners: Social roots

In order to obtain temporary residence on the basis of social roots, the following is required:

  • Continued residence in Spain for three years.
  • Lack of criminal records in Spain and at origin. 
  • Have employment contract in force with a salary not lower than the SMI.
  • Accredit family ties with other resident foreigners, or attach to the application the report on roots issued by the social services of the autonomous community of residence.ç

Reform of the Aliens Law: Family roots

After the reform, the cases for obtaining residence on the basis of family roots are as follows:

  • Be a parent or guardian of a minor of Spanish nationality, or a person who provides support to a Spanish person with a disability.
  • Spouse or accredited unmarried partner of a Spanish citizen. 
  • Ascendant over 65 years of age or under 65 years of age dependent on a Spanish citizen or his/her partner.
  • Descendant under 21 years of age or over 21 years of age dependent on a Spanish citizen or his/her partner.
  • Children of a father or mother who were originally Spanish.

Facilities for the recruitment of foreign students

Those who have a student visa will be able to move to work automatically without the need to apply for a work visa. They do not have to do anything. It will be the employer who will ask for the corresponding authorisation. It is therefore no longer necessary to wait three years to change the student visa to a work permit.

This simplifies the procedure to work and can be done as long as you are studying regulated studies, higher education or professional qualification for a specific job.

Entrepreneurship facilities

The requirements for self-employment are made more flexible so that it is no longer necessary to prove that you have sufficient resources to support and house yourself. It will be sufficient to prove that the investment to start up the business is sufficient.

In addition, the duration of renewals of self-employed work authorisations will be increased from two years to four years.

Lawyers Aliens and Nationality in Malaga

law on foreigners

A good legal advice in Malaga is essential in order to be able to settle in the country and work in Spain in compliance with the laws in force.

However, bureaucratic barriers and complications in the administrative processes make it notoriously difficult to carry out these types of procedures related to the Law on Foreigners and Immigration. 

From Ódice Abogados, law firm in Malagawe offer the following services foreigners, immigration and Spanish nationality by experienced professionals with specialised training to manage your regularisation in Spain quickly, efficiently and safely.

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