The Official State Gazette (BOE) issued the reform this week, marking a government-approved update to immigration regulations. The changes, designed under the guidance of Minister José Luis Escrivá, open the door for thousands of immigrants to join the workforce. For the first time, students will be able to combine their studies with part-time work, and other provisions simplify the path to social, work, or study permits. The reform also strengthens the powers of the Ministry of Social Security and enables employers to recruit talent from abroad when the manager deems it necessary. These are the central pillars of the new immigration rules.
The regulation will take effect in the coming days, starting August 16. The government contends that the reforms will restore balance to Spain’s labor market by addressing shortages in immigration-related sectors and by responding to long-standing gaps in current regulations. It also emphasizes preserving workers’ conditions under the BOE framework.
Education and work
The reform’s most notable change is the ability for foreign students to access employment arrangements. Previously, students studying in Spain could not work beyond limited exceptions. Now, individuals who are legally permitted to stay for education, training, non-work practice, or voluntary service may seek employment. Social Security calculations indicate roughly 50,000 international students are currently enrolled in Spain (as of the reform introduction).
The types of eligible work include positions tied to higher education, regulated training for employment, or training aimed at earning a professional certificate or a credential demonstrating technical or professional competence required for a given occupation. Employment is allowed across a wide range of sectors, provided it does not exceed 30 hours per week and remains compatible with studies. Social Security will assess profiles without requiring a fixed prior work record. These changes are developed through collaboration within the Tripartite Immigration Working Commission.
Regarding duration, the new rule states that a work permit remains valid as long as the associated employment continues. If the student’s residence permit expires, so does the work permit. There is an option to extend the residence permit if continuing education necessitates it, which would, in turn, permit extending the work authorization.
Expands employment opportunities
Escrivá underscored the need to address irregular migration by offering clearer pathways for those already living in Spain to sustain themselves. Previously, foreigners had to show three years of residence with familial ties or proof of social integration, plus at least a one-year work contract. The cycle of “no contract without papers and no papers without contract” often trapped people in limbo. The new regulation allows a foreign-origin individual to apply for temporary residence if they have legally worked 30 hours a week for at least six months in the previous two years, or 15 hours a week for a full year. This creates a smoother route for students who continue working while studying and may extend work rights after graduation. A 30-hour-per-week contract, aligned with training, can lead to extended work authorization after six months, enabling a more straightforward transition into the workforce.
Fewer hurdles to renew permits
Renewing work permits has long been a headache for many migrants. Under the new framework, proving an active contract remains necessary, but the renewal criteria shift. Applicants will need to show a current contract for a minimum period, with a six-month window used to verify ongoing employment. They must also be registered with SEPE as an active job seeker. This adjustment aims to provide a four-year renewal horizon, reducing the previous dependency on lengthy proof of continuing employment.
Incentives for cooperation with inspections
Social Security seeks to boost incentives for migrant workers to cooperate with labor inspections, especially when employers engage in fraudulent practices. If an employee reports illegal pay or other wrongdoing, they may qualify for an improved legal-work-path and a potential extension of residence rights. This provision is designed to protect workers and promote compliance among employers, while offering a transitional mechanism to solidify residence status when appropriate.
More contracts at origin
The reform expands the Ministry of Social Security’s ability to intervene in recruitment at origin. At the request of Social Security, the Ministry of Economy will identify professions where recruitment abroad is necessary. The aim is to shorten the time needed to fill vacancies by enabling faster cross-border recruitment. The standard for reporting unfilled vacancies has been tightened from 25 days to 8 days. After eight days, employers must notify SEPE of the selected candidates, including those accepted and rejected, with reasons for rejection. If a suitable candidate is not found locally, outsourcing may be considered. The process also streamlines SEPE’s certification timeline, reducing the period to three days for the finalizing of the recruitment outcomes.