Reform of the IMMIGRATION Legislation. August 2022.

17/12/2022

The Council of Ministers has approved the reform of the Immigration Regulations with the purpose of facilitating the incorporation into the labor market of foreigners who are in Spain.

It grants foreigners more opportunities to access work independently or independently, allowing the submerged economy to emerge and alleviate the lack of labor in important sectors for the economy, such as hospitality, transport or construction. In the words of Minister Escrivá: "to modernize the model to promote legal, safe and orderly migration." Holders of a stay authorization will be able to work more hours, extending to 30 per week in work contracts for people with a student visa. It facilitates the modification of a stay in the student regime to self-employment, self-employed, and/or someone else's, without the need for a new application, ceasing to be necessary the three years required prior to the reform, continuing the obligation that the work to develop is compatible with conducting the studies. They may modify the authorization for studies, residence or work. Rooting for training. New residence permit for exceptional circumstances. New possibility of regularization for all those people who can demonstrate that they have been in Spain continuously for at least two years, and who decide to start a training course that leads them to obtain an official or regulated degree. The duration will be one year, renewable for another 12 months, but after completing the studies, they can change to a work permit as long as they find a job offer that offers, at least, the minimum interprofessional salary. Flexibility of work, social and family roots.

Labor ties are extended to the self-employed. The employee now assesses the employment contract not for its duration, but for its adequacy to the Minimum Interprofessional Wage, which may be less than 20 hours a week in cases where dependent minors are accredited, and it is possible to present several contracts. Family roots are extended to dependent ascendants and descendants, and continue with descendants of Spanish origin and parents of community minors. Domestic partners, spouses, dependent ascendants over 64 years of age, and descendants over 18 years of age are included, at the request of a Spanish or community citizen, for five years, who may work for themselves or for others. Expansion of the catalog of jobs that are difficult to fill, updated quarterly, including data provided by the employment services of the autonomous communities based on applications submitted by employers, and that relating to people registered as job seekers. Occupations belonging to the economic sectors determined by Agreement of the Government Delegate Commission for Economic Affairs, at the proposal of the Ministry of Inclusion, Social Security and Migrations, will automatically be included. Possibility of hiring, even if it is not in the catalog of difficult coverage, in cases where the urgency is proven. Easier to obtain the self-employment permit and its compatibility with the permit for others. Self-employed workers will not only benefit from opting for labor ties, since the economic means that the foreigner must prove to present the application for residence for employment are reduced, simplifying the process to make the exercise compatible with self-employment and someone else's, without the need for a new legal procedure. Renewal of residence for self-employment and employment goes from two years to four.