A significant development is on the horizon for the many foreigners currently residing in Spain without proper documentation. The Spanish government is planning an extraordinary regularization process to facilitate the acquisition of residence and work permits more efficiently and flexibly than through traditional methods. This news is particularly crucial for the hundreds of thousands of undocumented foreigners who are already contributing to the workforce in Spain.
According to our sources, there is a strong possibility that this extraordinary process will commence in the first half of 2025, or even before the end of 2024. In addition to this extraordinary regularization, a reform of the Immigration Regulation (Organic Law 4/2000 of January 11, on the rights and freedoms of foreigners in Spain and their social integration) is expected to be published beforehand, introducing numerous changes.
Foreigners who may not qualify for the extraordinary regularization should also explore the new requirements under the reformed Regulation to regularize their status through the established procedures.
How was the extraordinary regularization initiated?
This initiative began as a popular legislative proposal, in line with Article 87.3 of the Spanish Constitution, and has garnered support from a majority of political parties in parliament. Various entities, including the Episcopal Conference and Cáritas, have also contributed to this initiative.
What Are the Requirements for Regularization?
The specific requirements for this regularization are not yet known, as the proposal must still be debated, amended, and finalized. However, we can speculate based on the requirements from the last extraordinary regularization process in 2005, which included proof of a six-month continuous stay in Spain prior to the regulation’s implementation, no criminal record in the country of origin or Spain, and a job offer or pre-contract.
In 2005, approximately 500,000 individuals were regularized, and the aim of the new process is to exceed that number. The goal is to regularize foreigners who have employment contracts and can contribute to the Spanish system, so similar requirements are likely to be established.
Will Previous Residency in Spain Before November 1, 2021, Be Necessary?
It seems unlikely that this will be a requirement, as it would make the extraordinary regularization process too similar to the social integration (arraigo social) procedure. Considering the requirements from 2005, it’s reasonable to expect different criteria, but we will need to await the final details of the regulation.
Recommendations for Foreigners in Spain
Given the likely brevity of this regularization process, it is crucial to begin preparations immediately. Those with criminal records should start the process of clearing them now, as there may not be enough time later. It is also essential to ensure you are registered (empadronado) in Spain and to gather and preserve any documentation that can prove your continued presence in the country.
Stay informed and prepared, as this extraordinary regularization could provide a vital opportunity for many to secure their legal status and contribute fully to Spanish society.