Spain’s government passes decree that could grant residency to over 500,000 immigrants

Spain’s government has passed a decree that could grant residency to more than 500,000 immigrants who are currently in an irregular situation in Spain.

The amnesty will provide a fast track to legal residence for immigrants who can prove they arrived before 31st December 2025, have spent more than five months in the country and who have no criminal record. It has been estimated that around 50,000 people on the Canaries could benefit from the measure.

Although the law has not yet been officially published, it will give immigrants without papers three months, from the 1st April to the 30th June, to apply.

Successful applicants will receive a one-year residence permit, which will give them the right to work, access the public health system and the right to register for social security. Once expired, they will have the right to apply for residency via usual channels.

Although the numbers of irregular immigrants in Spain are difficult to establish, it is estimated that the majority of eligible claimants will come from Latin American countries such as Venezuela and Peru, with smaller numbers hailing from Africa and Asia. Around 70% of irregular immigrants arrive by air and have outstayed their short-term visas.

In contrast to the anti-immigrant policies that are being adopted by many other European countries, as well as the UK and US, Spain’s socialist government has been notably positive about immigration, and believes that the regularisation plan will reduce labour exploitation, increase tax revenues and boost the economy.

It is also expected to ease labour shortages in construction, hospitality, agriculture and the care sector, areas which have long relied on immigrant workers.

Spain’s economy currently leads the EU in terms of growth, and unemployment, while still high, has fallen below 10% for the first time since the economic crisis of 2008-2014. Prime Minister Pedro Sánchez recently stated “Migration accounts for 80 percent of the growth recorded in Spain over the past six years, it contributes 10 percent of Social Security revenues while representing only 1 percent of expenditure.”

The amnesty resulted from a citizen’s initiative that gathered more than 700,000 signatures, and has been supported by religious organisations, including Spain’s bishops.

However, the decree has been strongly criticised by the opposition PP party, who claim the measure will cause pressure on social services. Concern has also been expressed in Brussels that the policy does not reflect the EU’s more restrictive recent policies on immigration.

Public services trade unions have also warned that the amnesty could cause an avalanche of claims that staff are not prepared for.

The far-right Vox Party, which has proposed massive deportations of regular and irregular immigrants, has accused Sánchez of “trying to replace Spaniards.”

CAN BRITONS TAKE ADVANTAGE OF THE AMNESTY?

There seems to be no reason why UK, (or any other non-EU nationals) living in Spain cannot apply for the permit, although, as asylum claims are likely to be a non-starter, they would have to fulfil one of three conditions:

– Be working, have worked or have a job offer

– Have family with school-age children or elderly dependents

– Be in a “vulnerable situation” (this usually refers to poverty, disability etc)

They would also have to be able to show that they arrived in Spain before the end of 2025 and had no criminal record or serious charges pending. Each case is assessed individually.