Mission Statement: to assist the integration of foreign residents living in Spain
By Adam Woodward •
Published: 01 Nov 2024 • 15:36
• 2 minutes read
Spanish Social Security will bring changes to the work permit of foreigners from November. The exact date is not yet clarified, but Thursday, November 12 is the day most touted.
Based on the concept of arraigo, or ‘roots’, the new legislation coming in looks to regularise the legal residential status of those foreigners living in Spain without the permission to live and work. The new rules aim to ensure those with a genuine link to Spain, such as for work or family ties, get to stay.
The Minister of Inclusion, Social Security, and Migration, Elma Saiz, has been given the green light for the approval of a change in the Foreigners Law. Faced with the increase in illegal immigration in Spain, the government has seen an opportunity to introduce modifications that allow more agile access to work permits, among other residency issues.
Spanish residency to become more flexible
The legal text will be introduced to make the requirements that immigrants face when it comes to regularising their situation more flexible. It will also simplify administrative procedures. In Spain, a person cannot begin to process their legal residence in Spain until they prove that they have lived three years in a row within Spanish territory, whether legally or not, compounding issues with a submerged, or black economy. Under the new rules, that period will be reduced to 2 years.
Not just anybody will be granted legal status in Spain, however. The government is looking specifically at those who have some sort of roots here. Those with family, work, or a sincere connection to Spain will have the opportunity to become permanent residents. According to Benalmadena lawyer Jorge Postigo, expert in matters of migration and legal advisor to foreigners living in the Costa del Sol, if an applicant can prove a connection to Spain, either through a spouse, a demonstrably long-term relationship, or even an emotional connection to Spain, and who can also demonstrate they have been residing legally or not for more than two years, then they stand a good chance of being accepted.
Residency applications will take level of Spanish into account
However, he also highlighted an important element about that last point: as in many countries, the UK and France included, the application will take into consideration the applicant s ability to speak Spanish. The language element demonstrates the sincere interest of someone wanting to live specifically in Spain and wanting to stay. There is no mention of any language exam at the moment, but immigration officers will want to interview the person to evaluate how well they have integrated into Spanish society. There has been no specific level of Spanish mentioned so far, but the level usually required for a successful citizenship application (and Spanish passport) is an A2 level in which speakers are able to interact in simple and everyday situations in life (shops, banks, etc.).
According to Jorge Postigo, those wishing to regularise their residential situation should enquire without any fear of legal complications at their nearest council foreigners office to find out exactly what documents they need to present once the new law comes into effect.
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