On November 19th, the Council of Ministers approved the new Immigration Regulation. the main objectives of the new regulation are to “adapt the rules to the current migratory situation, meet the needs of our labor market and those of migrants, as well as address the demographic challenge in our country.”
The new Regulation introduces many changes compared to the current regulations on immigration and mobility, with the most notable being those related to permits for study stays, the introduction of five categories of arraigo (residence permits for exceptional circumstances), and a new residence authorization for relatives of Spanish nationals.
For now, we would like to focus particularly on work authorizations. Firstly, regarding permits for study stays, the new regulation allows individuals to work, either as employees or self-employed, during the validity of their study permit without requiring an additional work authorization.
The new regulation in Spain also slightly eases the economic requirements for employers offering jobs. Additionally, it introduces the possibility of changing employers three months after the residence authorization becomes effective, provided the new employment remains within the same occupation.
However, during the first year of a residence and work authorization, whether for employment or self-employment, it will be possible to modify its scope in terms of occupation, activity sector, and territorial limitation.
For these reasons, despite the amendments introduced to employment and self-employment work authorizations, we continue to believe that the residence and work authorizations provided under Law 14/2013 of September 27th, on support for entrepreneurs and their internationalization, remain the preferred alternative for employees, self-employed professionals, and corporate freelancers.
These modalities fall far short of the Entrepreneurs’ Law, where the speed and flexibility of residence permits linked to highly qualified professionals, intracompany transfers, or digital nomads will continue to reign supreme in international mobility.
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Disclaimer: This article is for informational purposes only and may contain errors or be outdated. It does not constitute legal advice. For an updated initial consultation, contact us. One of our expert attorneys will assist you.
