A new regulation was recently enacted to update Spain’s immigration laws and will take effect May 20.

Key Points:

  • On Nov. 19, 2024, Royal Decree 1155/2024 approved the Regulation of Organic Law 4/2000.
  • The regulation elaborates on the rights and freedoms of foreign nationals, with an emphasis on social integration, and aims to better facilitate the processing of residence and work permits that align with national regulations and European directives.
  • The regulation will go into effect on May 20, providing a six-month period for all stakeholders to adjust to the new legal environment.
  • Key features include:
    • Visas — All initial visa authorizations will be for one year and renewals will be for four years.
    • Residence — The time of residence required is reduced from three to two years. Additionally, the requirements have been made more flexible and apply to those who work both as an employee and are self-employed.
    • Work — Officials stated that permits now enable individuals to work immediately without having to expressly request an initial work authorization as an employee. This includes people who migrate to study, who will be able to work up to 30 hours a week.

Background: In recent months, the Spanish government has approved measures to streamline the visa process as well as raise the minimum wage and work on an Integration Plan. The new regulation is designed to clarify visa procedures while establishing five types of integration that strengthen the rights of migrant workers and provides guarantees for companies. A wide range of areas and processes are covered in this regulation, including visa types as well as temporary and long-term residence. BAL will continue to monitor developments and will provide more information as it becomes available.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The Organic Act 1/2025 has been published in Spain’s Official State Gazette, confirming the termination of the golden visa program, effective April 3.

Key Points:

  • The legislation introduces amendments to Articles 63 through 67 of the Entrepreneur’s Act 14/2013, which provides the legal framework for the establishment of the golden visa program.
  • As BAL reported, Spanish immigration authorities announced new criteria in November 2024 to obtain permits regulated by the Entrepreneur’s Act. The termination of the program comes after the Congress of Deputies approved abolishing the golden visa program in December 2024.
  • The legislation introduces new transitional provisions, including protection for existing applicants through a three-month transition period.
  • Golden visa applications will still be accepted before April 3, and applications pending as of that date will still be reviewed.
  • Regarding renewals, applications will be processed and resolved in accordance with the regulations in force at the time of the initial permit approval, maintaining the initial conditions under which they were granted.

Additional Information: The provisions in the Organic Act establish that the validity of the visas and permits — specifically visas and permits for investors through real estate acquisition — in effect by April 3 will be maintained for the period for which they were issued. BAL will provide more information once received regarding the renewal of visas and permits for investors through means other than real estate investment.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

Spanish immigration authorities announced new criteria to obtain permits regulated by the Entrepreneur’s Act.

Key Points:

  • The new requirements will be applied to permits regulated by the Entrepreneur’s Act 14/2013, in relation to the qualification accreditation either through academic credentials or comparable experience.
  • The new requirements classify the type and format of the required documentation, specifically:
  • Certain academic credentials must now be apostilled/legalized and duly translated depending on whether the profession is regulated or unregulated. Previously, the submission of degrees without apostille/legalization was allowed.
  • For certain comparable experience qualifications, applicants must now provide an employment history (such as earning records) and a certificate of professional qualification.
  • These documents should both be issued by the competent equivalent authority in an applicant’s country of origin as an official document that allows the worker’s professional competences to be demonstrated.

Additional Information: The Entrepreneur’s Act 14/2013, established Sept. 27, 2013, aims to facilitate the establishment and internationalization of entrepreneurial ventures and offers a longer residency period and a faster resolution process. Foreign nationals who wish to enter Spain to make a significant financial investment may apply for a residence visa for investors to facilitate the establishment of businesses, particularly those with innovative projects.  

BAL Analysis: The Large Companies Unit of Spain’s immigration authority has started to apply new criteria to permits regulated in the Entrepreneur’s Act. Employers should be aware of this change of practice and factor additional document acquisition time frames into employment strategies.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

Spanish immigration authorities announced a change in practice regarding proof of social security coverage for intra-company transferee permit applications.

Key Points:

  • Officials stated that intra-company transferee permit applications must now include a valid proof of social security coverage certificate.
  • Previously, authorities would accept a commitment letter from an applicant’s host employer stating that the assignee would be registered in the Spanish social system if an applicant was unable to obtain a valid certificate confirming social security coverage in their country of origin.
  • Both initial and renewal intra-company transferee applications must now include proof of social security coverage to apply.

BAL Analysis: Employers should be aware of this change of practice and factor government processing times for certificates of coverage into employment strategies.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

Spanish government officials have released reminders on reentry permits for the summer travel season.

Key Points:

  • Reentry permits are issued to foreign nationals who are in the process of renewing their residence permits and meet the applicable requirements.
  • Reentry is authorized through land or sea border posts until Sept. 30, 2024, provided that individuals possess a valid passport or travel document, a copy of their expired residence permit and a completed residence permit renewal application.
  • Air travelers are advised to obtain a reentry permit to avoid airlines refusing their transport into Spain if they do not possess a valid residence permit.

Background: The General Department on Immigration Affairs and Borders has provided these reminders due to an expected increase in reentry permit applications during the summer holiday season. The reentry permit is a valid document for crossing the border through Spanish border posts and is issued to authorize the departure and subsequent return of a foreign national who has a residence or stay permit that is currently in the process of being renewed.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The Council of Ministers approved an increase in the monthly minimum wage for this year to €1,134 (about US$1,214) in 14 payments.

Key Points:

  • The new minimum wage, which is expected to benefit an estimated 2.5 million workers, will be backdated to Jan. 1, 2024.
  • The raise marks a 5% increase from the 2023 minimum wage and a 54% increase from 2018.
  • The Council established new rules for transparent and predictable working conditions.

Background: The approval follows an agreement with the trade unions Comisiones Obreras and Union General de Trabajadores. In addition to the minimum-salary increases, the Council introduced new rules for employers to record conditions of work and employment. The new regulations prohibit on-call work and zero-hour contracts, meaning that workers won’t have to be permanently available to employers. In addition, the Council reduced personal income tax withholdings for those with low incomes.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

 

 

The Council of Ministers has approved an increase in the monthly minimum wage for this year to €1,134 (about US $1,214) in 14 payments.

Key Points:

  • The new minimum wage, which is expected to benefit an estimated 2.5 million workers, will be backdated to Jan. 1, 2024.
  • The raise marks a 5% increase from the 2023 minimum wage and a 54% increase from 2018.
  • The Council established new rules for transparent and predictable working conditions.

Background: The approval follows an agreement with the trade unions Comisiones Obreras (CCOO) and Union General de Trabajadores (UGT). In addition to the minimum-salary increases, the Council introduced new rules for employers to record conditions of work and employment. The new regulations prohibit on-call work and zero-hour contracts, meaning that workers won’t have to be permanently available to employers. In addition, the Council and reduced personal income tax withholdings for those with low incomes.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

 

IMPACT — MEDIUM

Spain’s Supreme Court has nullified a regulation that allows authorities to terminate foreign nationals’ temporary residence if they are outside of Spain for more than six months in a period of one year.

Key Points:

  • In its ruling, the Court found the regulatory provision null and void because it restricted the fundamental right of free movement for foreign nationals with temporary residence in Spain. The Court said such a restriction can only be made by legislation, not a regulatory decree.
  • The ruling applies to temporary residence permits issued under the Organic Act 4/2000, a law that expanded the rights of immigrants in Spain; it did not directly address permits issued under the Entrepreneurs’ Act.

Additional Information: While the Court’s ruling seems to expand the rights of temporary residents, it remains to be seen how it will be implemented in practice. The Court also left open the possibility for the Spanish parliament to pass legislation on the question. BAL will continue following this matter and will provide updates as information becomes available.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

IMPACT — MEDIUM

The Spanish government has published guidance for remote workers and entrepreneurs applying for visas under the startup law.

Remote Workers:

  • Individuals applying for a visa to work remotely in Spain must provide proof that they graduated from a renowned university or that they have three years of relevant work experience.
  • Spanish authorities retain the right to request for additional verification of education or relevant experience during the application process.
  • Those who are working in government-regulated positions, such as lawyers, architects and some engineers, must have their degrees evaluated and verified to receive a remote work visa.

Entrepreneurs:

  • Individuals applying for an entrepreneurial visa must submit a report, including business partners, services provided, processing of the company and proprietary technology used, to the National Agency of Innovation (ENISA), providing evidence that their business activities in Spain are entrepreneurial.
  • ENISA will provide a decision on the report within 10 business days.

Additional Information: More information regarding the application process for remote workers and entrepreneurs is available here.

BAL Analysis: Spanish authorities provided guidance for remote workers and entrepreneurs who are applying for visas to mitigate complications and delays in the application process. Individuals applying for a remote worker visa in Spain should review the visa guidance and requirements carefully before submitting their application.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

IMPACT — MEDIUM

Spain recently approved the creation of a digital nomad visa as part of its new Startup Law.

Key Points:

  • The visa will allow third-country nationals to stay in Spain to work remotely for companies located outside the country.
  • The visa will require foreign nationals to have:
    • A foreign employer or client that has existed as a business entity for at least one year.
    • Worked with their employer or client for at least three months.
    • Documentation proving their work can be performed remotely.
    • Sufficient financial resources, amount to be specified.
  • The visa is renewable and can be extended for two years at a time until reaching a five-year limit, after which the employee will be eligible to apply for permanent residence.

Additional Information: Spanish authorities are still finalizing details for the digital nomad visa, which is expected to bring more foreign national “digital nomads” to the country to stimulate the economy. The visa is part of a new Startup Law, which aims to encourage investment in and support the growth of startup companies. BAL will provide more information as it is made available.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.