In this article, we will cover the main points of the NEW 2024 FOREIGNERS REGULATION.
Spain, definitely part of Europe, stands out for having a specific instrument for the regularization of foreigners who are in an irregular situation. This type of permit is technically called permits for exceptional circumstances due to “arraigo” (deep-rootedness), or simply “arraigos.”
A fundamental condition for “arraigos” is undoubtedly the irregular status of the foreigner in Spanish territory. The previous Foreigners Regulation, Royal Decree 557/2011 of April 20 (after some reforms), established four main types of “arraigo” with different conditions and especially different time requirements, classified as: Social Arraigo, Training Arraigo, Labor Arraigo, and Family Arraigo.
What has changed in the NEW 2024 FOREIGNERS REGULATION?
Simply put, Royal Decree 1155/2024 of November 19, which approves the Regulation of Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration, the new 2024 Foreigners Regulation, mainly focused its initial efforts on unifying the previous residence time required for foreigners in Spain to apply for “arraigo” — now 2 years — applied directly to social, socio-labor, socio-training, and second chance arraigo.
Family Arraigo
Family Arraigo is an independent figure in terms of residence time, as it does not require a prior period of residence in Spain. Moreover, it has undergone some changes with the new introduction of temporary residence authorization for family members of Spanish nationals, which reduces the scope and applicability of family arraigo.
Second Chance Arraigo
The big novelty, aside from the unified timeframes, is the introduction of “second chance arraigo,” aimed at foreigners who, due to unforeseen circumstances, have lost their legal residence or continuity thereof and have fallen back into irregular status. This figure also aims to support asylum seekers whose applications have been denied by the administration, providing an alternative pathway.
It is important to highlight that a different timeframe applies in this case, established in the Fifth Transitional Provision of the New Regulation: once the final denial or rejection resolution of the international protection application (political asylum) is received, the foreigner may apply for a residence authorization for exceptional circumstances based on “arraigo,” provided they have remained in Spain in an irregular situation for at least the six months immediately prior to submitting the application.
Other cases
It is important to note that these are considered the main and most common pathways for foreigners under the “arraigo” classification. However, the new 2024 Foreigners Regulation also contemplates cases such as:
- Temporary residence authorization for humanitarian reasons
- Temporary residence authorization for exceptional circumstances of cooperation with authorities, national security reasons, or public interest
- Temporary residence and work authorization for foreign women victims of gender-based violence and sexual violence
- Temporary residence and work authorization for exceptional circumstances due to cooperation against organized crime networks
- Temporary residence and work authorization for foreigners who are victims of human trafficking
We can therefore identify some very important changes in the new 2024 Foreigners Regulation, which simplify certain procedures — discreetly in some cases and more extensively in others. These modifications, as well as the regulation itself, will come into force six months after its publication.
We would like to go into more detail about each of the cases discussed here. However, if you have reached the end of this post with any doubts about the topics addressed and the changes imposed by the new 2024 Foreigners Regulation, we invite you to contact us to clarify them all. (contact form link)
And if you find yourself in any of these situations, we will be at your disposal to assist you and find the best path for your definitive regularization and life in Spain!
