APPROVAL OF NEW IMMIGRATION REGULATIONS
Laura Herrando and Marta Torrebadella, Project Manager and Labor Insertion Technician of the Zing Program.
Since the first law on the rights and freedoms of migrants in Spain was passed in 1985, the regulations on this subject have undergone substantial changes in parallel with the spectacular growth of migratory flows to Spain.
Last November 20, the new Alien Regulation was approved, including important modifications in the modalities of roots, family regrouping and access to visas and residence permits. It will enter into force on May 20, 2025. May 20, 2025.
What’s new in the new regulations:
Among the main novelties of this Regulation is the creation of a clearer and more accessible scheme for visas and residence authorizations. All initial authorizations will have a duration of one year, while renewals will be extended to four years, providing stability for both migrants and companies. The job search visa is extended from three months to one year, making it easier for people to find a job suited to their professional profile.
New categories of “arraigo” are created: social, socio-labor, family, socio-training and a new category called “arraigo de segunda oportunidad” (second chance arraigo). Authorizations derived from these categories will have an initial duration of one year, except in the case of family roots, which will have a duration of five years. In addition, the length of stay in Spain is reduced from 3 to 2 years.
Regarding family reunification, among other novelties, the age of the reunited children is extended to 26 years old (previously 21) and the possibility of including unregistered partners who can prove an analogous relationship is contemplated. The concept of regrouped family members is also extended to children and parents of victims of trafficking, sexual or gender violence.
Persons with study permits will be able to work up to 30 hours per week during their studies, and a smooth transition to a work permit at the end of their studies will be facilitated. A specific authorization for seasonal activities is also created.
The complete Regulations can be consulted at this link:
This regulation, even if it improves the current situation, will not immediately resolve the situation of irregularity in which thousands of people find themselves, and therefore we need effective mechanisms to welcome and comprehensively accompany migrants and refugees in their inclusion processes.
Together with Fundació Camins, we are carrying out a job placement project for young people in an irregular administrative situation and we have seen that the key to making a job placement project effective for this group is to be able to combine the 3 essential levers to formalize a contract that allows training or social rooting.
These levers are:
- Specific social and labor orientation
We need a personalized approach with professionals trained in immigration matters to design:
- Initial diagnosis: Evaluate the competencies, skills, interests and specific needs of each young person. Identify their educational level, previous work experience (formal and informal), administrative situation and support networks.
Individualized Plans: Design personalized itineraries that integrate training, development of skills and achievable professional goals, social needs and personal growth to achieve the holistic development of the person and promote their autonomy.
- Prospecting and labor intermediation
Alliances must be created with companies to promote inclusive hiring and to promote awareness campaigns to combat discrimination in the workplace.
- Legal advice
It is not only necessary to accompany the young person in his regularization process (accompanying him in all the small and complex bureaucratic procedures) but also the company in the whole process of hiring the young person due to the particularity of the same.
In addition to these levers, we must be part of Community Networks as an entity to encourage their participation in associations, NGOs and support spaces that promote their integration and with which we can share resources, tools and knowledge.
In our case, and with education as the driving force for change, we continue to support scholarships for young people in an irregular administrative situation so that they can access post-compulsory and professional training, with the firm conviction that, despite the obstacles they will encounter to formalize a contract, they will improve their level of employability and something not minor… they will “fill” the waiting time that the Immigration Department indicates that they must be registered in the country (since the new regulation 2 years), with the best of options: studying.