On November 20, 2024, Royal Decree 1155/2024 came into force, approving the new Regulation of Organic Law 4/2000 on the rights and freedoms of foreigners in Spain (RLOEx). This new regulation introduced significant changes regarding modifications of stay and residence permits, as well as the extension of residence permits based on exceptional circumstances of “arraigo” (roots in Spain).
To unify interpretation and ensure consistent application across Spanish territory, the Directorate-General for Migration Management issued Management Guideline 1/2025, which provides key instructions for immigration offices and applicants.
Below, we analyze its main provisions.
1. Deadlines and Effects of Modifications Applications
The guideline provides clear rules on the deadlines and legal effects of modification requests.
Long-term study or training stays
Article 190 of the RLOEx states that when an application is filed to modify a stay for studies into a residence and work permit or residence with exemption from work authorization, the applicant is granted a provisional residence and work permit during processing. If the application is denied or archived, this provisional permit is automatically invalidated.
Temporary residence permits (Art. 191 RLOEx)
Different cases are contemplated:
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Less than one year of residence: modification may be requested at any time during the validity of the permit (Art. 191.2).
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Authorizations of one year or more: the request must be submitted within two months before or three months after expiration (Arts. 191.3 and 191.4).
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When at least one year of residence has elapsed: the new permit takes effect from the day after the previous one expired, or from registration with Social Security if work was not previously authorized.
Special attention applies to family members of EU citizens or Spanish nationals (Art. 191.8). When the family link ends, they have six months to apply for modification. They may opt for a non-lucrative residence, residence and work, or residence with exemption from work, all without needing a visa.
Modifications of scope of authorization (Art. 192 RLOEx)
Changes in employer, activity sector, or territorial scope are regulated by Article 192. Filing the application preserves the validity of the previous permit until resolution, though the new permit does not extend the previous validity.
2. Residence permits with exemption from work
The guideline clarifies that temporary residence permits with exemption from work authorization, under Article 3.2(e) of Directive (EU) 2024/1233, cannot be modified into other types of residence under the general regime.
3. Modification of permits under Law 14/2013
Permits under Law 14/2013 (Entrepreneurs Law) are governed by their own regime. However, if they cannot be maintained, modification to the general regime is possible.
According to Article 191 of the RLOEx:
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Applications must be submitted within three months of the circumstances preventing maintenance of the permit.
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Applicants may request residence and work authorization, without needing a visa.
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If less than one year of residence, requirements in Article 74 RLOEx must be met.
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If more than one year, Articles 80 or 86 RLOEx apply, granting a four-year authorization.
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A key restriction: modification cannot be requested to work with the same employer or corporate group that originally granted the authorization under Law 14/2013, nor with linked or subcontracted companies.
4. Administrative silence
The guideline distinguishes two scenarios:
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General rule: procedures under Articles 190, 191, and 192.2 must be resolved within three months. If not, they are considered rejected by negative silence (RLOEx Additional Provision 7).
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Exception: under Article 192.1 (modification of scope in occupation, sector, or territory), the deadline is one month. If no resolution is issued, the application is deemed approved by positive silence.
5. Territorial competence
The competent authority is the Government Delegation or Subdelegation where the foreign national has or will establish their effective residence (Arts. 190 et seq. RLOEx).
6. Extensions of residence based on “arraigo”
The arraigo mechanism remains a key path to regularization, and Guideline 1/2025 clarifies its extension rules.
Arraigos under the previous regulation (RD 557/2011)
Holders may apply for a new “arraigo” authorization under the current RLOEx. If the request is filed within the two months before expiration, the authorization is automatically extended until resolution (Art. 132 RLOEx).
Arraigo for training
This may be extended only once, provided that studies or training continue. Once completed, the holder may modify to residence and work (Art. 191 RLOEx) without being subject to the national employment situation test.
Arraigos under the new regulation (RD 1155/2024)
If the holder cannot work due to illness, disability, or retirement, Article 132 RLOEx allows extension of residence without needing to prove active job search or registration as a job seeker.
Number of possible extensions
The guideline relies on Supreme Court Judgment 1678/2019 (ECLI:ES:TS:2019:1678), which held that exceptional residence permits can be extended successively for one-year periods, as long as the circumstances that justified them remain. This doctrine strengthens legal protection for vulnerable individuals.
Conclusion
Management Guideline 1/2025 provides greater legal certainty and consistency in applying immigration rules. By clarifying deadlines, the effect of administrative silence, and the regime of “arraigo” extensions, it facilitates planning for both applicants and legal professionals.
Notably, the recognition of indefinite extensions of “arraigo” permits, while the underlying conditions persist, follows Supreme Court jurisprudence. The guideline also integrates national law with European directives, reinforcing Spain’s legal framework on migration.
Our legal assistance
At Guilherme Cesar Immigration Lawyer, we provide specialized services in “arraigo” procedures (applications, renewals, and modifications), as well as in all areas of immigration and nationality law: residence permits, family reunification, naturalization, and work authorizations.
If you need professional legal guidance, our team of lawyers is ready to support you throughout the entire process and ensure the best legal strategy for your case.
