Ukrainian refugees

Spain changes legalization rules: what Ukrainian refugees need to know

From May 20, 2025, the updated provisions of the migration legislation will enter into force in Spain, which will significantly affect foreigners living in the country without valid documents or who have lost their legal status. These new rules introduce a wider range of grounds for obtaining a residence permit, simplify a number of administrative procedures and open up new opportunities for legalization — in particular, for Ukrainians who did not receive temporary protection or lost their documents due to domestic or bureaucratic circumstances.

Expanding the categories of legalization under the Arraigo mechanism

The changes concern several important areas — from the terms of residence required to obtain a residence permit, to student employment rules and mechanisms for restoring a lost residence permit. The reform is large-scale and affects all key segments of the legalization system, including family reunification, residence under a contract or study, the first residence permit, as well as employment procedures for seasonal workers.

One of the central elements of the new reform was the clarification and expansion of the types of legalization through the so-called “rooting” (arraigo). From May 20, 2025, five options for obtaining a residence permit through this mechanism are officially in effect in Spain:

  1. Arraigo Social — for persons who can prove social ties in Spain;
  2. Arraigo Sociolaboral — for those with an employment contract;
  3. Arraigo Familiar — for parents of minor citizens of Spain or the European Union;
  4. Arraigo Formativo — for persons undergoing professional training;
  5. Arraigo de Segunda Oportunidad is a new category for people who previously had a residence permit but lost it.

This classification covers a wide range of life situations and provides different ways to obtain legal status, depending on a person’s social or professional roots in the country.

Reduction of the minimum period of residence for Arraigo Social

A noticeable change is the new minimum period of residence in Spain required to submit documents for legalization through the Arraigo Social mechanism. Previously, three years of continuous stay in the country was required. As of May 20, 2025, this term has been reduced to two years.

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However, other conditions remain valid: you must provide an employment contract or documents confirming self-employment (regime autónomo), as well as demonstrate the degree of integration into Spanish society – for example, through language courses or participation in training programs.

This change allows a much wider range of migrants to use the legalization mechanism, especially those who, for objective reasons, were unable to collect a full package of evidence of a three-year stay.

The new Arraigo de Segunda Oportunidad mechanism

For the first time, a special form of legalization is being introduced for persons who already had a residence permit, but lost it for various reasons. The category was named Arraigo de Segunda Oportunidad – “second chance rooting”.

In order to apply for a residence under this mechanism, three main criteria must be met:

– legally reside in Spain for at least two years;
– lose residence no earlier than two years before the application submission;
– have no serious violations of the law or criminal records.

Important clarification: this norm does not apply to persons who had refugee status (the so-called tarjeta roja).

The category will be relevant for those who lost their documents due to administrative difficulties, refusal to renew or were unable to submit an application in time due to illness, job loss, change in family circumstances, etc.

Facilitation of family reunification procedures

The changes also affected the rules of family reunification, which is especially important for Ukrainian families separated as a result of war or evacuation. From May 20, 2025:

– obtaining a residence permit for children has been simplified: the age limit for submitting documents has been increased;
– introduced the possibility of reunification for civil partners (parejas de hecho), even without official marriage;
– the list of documents required to confirm family ties has been shortened.

These changes are designed to reduce the number of bureaucratic obstacles and facilitate the adaptation of families who already actually live together in Spain, but did not have a legal basis to register a joint status.

Improvement of procedures for foreign students

Foreign students studying at Spanish universities or vocational schools have been granted the right to work up to 30 hours per week during the entire period of study. The term of validity of a student residence has also changed: now it is issued for the entire period of study, without the need to renew documents every year.

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This reduces the burden on the students themselves and allows them to concentrate on the educational process without constant bureaucratic tension.

The first residence permit: new terms

In the previous version of the legislation, the first residence permit was usually granted for a few months or a maximum of a year. The new rules provide for:

– granting the first permit immediately for one year;
– possibility of extension for four years instead of annual renewal.

This innovation provides more stability to those who are just starting their legal stay in Spain and eliminates the need to collect a new package of documents every year.

Special attention is given to seasonal workers

The situation with seasonal workers, who often could not obtain legal status due to the complexity of the procedures, was particularly acute. From now on:

– the number of documents required to issue a work permit has been significantly reduced;
– the procedure for obtaining a permit for workers in the fields of agriculture, tourism, and service has been simplified;
– the term of consideration of applications has been shortened.

These changes are designed to regulate the seasonal labor market, avoid illegal employment and ensure the rights of those who actually work in these sectors.

Regarding Ukrainians with the status of temporary protection

For citizens of Ukraine who are in Spain on the basis of temporary protection (protección temporal), the reform does not change anything. This status remains valid according to the decision of the European Commission and has been extended until March 2026.

This means that Ukrainians who have a temporary protection card continue to enjoy the right to residence, work, social assistance, medical care and other basic rights.

Therefore, the updated model of legalization in Spain, which comes into force on May 20, 2025, significantly expands the opportunities for foreigners who have lost their documents or were not able to legalize earlier. It is not only about shortening the terms, but also about the introduction of new types of residence, reducing the bureaucratic burden, expanding the rights of families and students, as well as creating a more efficient employment system for seasonal workers.

These changes are especially relevant for Ukrainians who are in the country outside the framework of EU protection mechanisms. The new system is a chance for them to escape from uncertainty, obtain legal status and plan their lives without fear of deportation or isolation from social services.

 

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