The new rules provide for five types of sedentarisation:

Social residency. This is for foreigners who can prove family ties in Spain or who can prove their integration into Spanish society by submitting a certificate from the Autonomous Community concerned. This certificate is a key proof of the person's permanent residence and the social ties that facilitate their integration into the country.

Social and labour residency. Provided for persons with a labour contract that complies with the conditions of the initial residence permit and an employment permit. This means that the person must have a job that guarantees economic stability and generally meets the minimum wage (SMI) requirements.

Family residency. Allows foreigners living in Spain who are parents of minor Spanish or EU citizens or children of Spanish parents to obtain a temporary residence permit. This type of residency is aimed at promoting family unity and ensuring the right of minors to live with their parents.

Second Chance Residency. Provided for people who have previously held a residence permit in Spain but for various reasons have not been able to renew it. This new type of residency offers the opportunity to legalise their situation and re-integrate into the country's legal and labour system.

Social and academic residency. Social and educational residence, formerly known as training residence, is a new type of residence aimed at facilitating the labour integration of foreigners. It allows those who are already studying or enrolled in certain study programmes to obtain a temporary residence permit to continue their studies, thus facilitating access to employment opportunities after completing their studies.

The aim of the changes is to increase regularisation opportunities for migrants in Spain.

Asylum seekers

The new regulation to the Aliens Act introduces important changes for asylum seekers, among which it is worth highlighting the provisional legalisation, which is designed to facilitate access to sedentary types of residence.

Within one year of the regulation coming into force, rejected asylum seekers will be able to benefit from a residence permit if they have been living in Spain for only 6 months instead of the 2 years previously required.

In order to benefit from this temporary provision, a final decision to refuse asylum must be obtained.

At the end of this special provision, persons whose requests for international protection had been rejected would again have to wait at least two years' residence in the country before they could benefit from a residence permit.


A special section on visas has been created

Another innovation included in the new regulations to the Aliens Act is the creation of a section explaining the authorisation scheme, requirements and processes in general.

All initial authorisations will be valid for one year and renewals for four years.

This will avoid situations of unforeseen unresolved status; to the same end, new rules have been adopted to clarify and simplify the processes for changing from one residence status to another.

For example, it will not be necessary to leave the country to obtain a long-term residence permit after a temporary residence permit.

Also, the validity period for a visa to seek employment, which was previously three months, has been extended to one year.

Types of visas

The following types of visas are provided for:

 

Transit airport visa

This visa allows a foreigner to stay in the international transit area of a Spanish airport without entering the country.

It is issued when a person needs to make a stopover or change flights and is not allowed to leave the transit zone.

This visa is temporary and is issued for the time required for transit.

 

Short-stay visa

This visa is for short-term stays in Spain and allows a total of 90 calendar days in the country within a period of 180 calendar days from the date of first entry into the Schengen area.

It is ideal for tourists, business trips or events that do not require a long stay. However, it does not entitle the holder to engage in paid employment.

 

Long-term visa

The long-stay visa is intended for those who wish to carry out activities in Spain for more than 90 days, such as study, student exchange, volunteering or participation in educational activities. It allows the holder to request entry to Spain for any of the following activities:

Obtaining higher education at a recognised institution or centre of higher education in Spain in a full-time programme leading to a recognised higher education diploma.

Completion of non-compulsory secondary education