Immigration law
Immigration law regulates the entry, stay, and legal status of foreign nationals within a country. It governs visas, residence and work permits, border control, and procedures for removal or deportation, ensuring that migration is managed within a clear legal framework.
The EU Blue Card and the Directive (EU) 2021/1883
The EU Blue Card is a residence and work permit designed to attract highly qualified professionals from third countries through a harmonised European framework. Its purpose is to facilitate the arrival of international talent in strategic sectors while ensuring enhanced rights in mobility, employment stability and family life. This instrument has become a central pillar of the EU's legal migration policy, offering a privileged status that combines legal certainty, professional opportunities and smoother integration into the European labour market.
Directive (EU) 2021/1883 modernises the system to make it more competitive in the global race for talent. One of its key innovations is the reduction and flexibilisation of the salary threshold, now set between 1.0 and 1.6 times the national average gross annual salary, with a lower threshold of 0.8 to 1.0 for young workers, shortage occupations or first highly qualified jobs. This adjustment allows a broader range of professionals to qualify for the Blue Card and enables European employers to recruit profiles previously excluded for salary‑related reasons.
The Directive also strengthens family reunification by granting accelerated procedures, immediate access to the labour market and full intra‑EU mobility for family members. Through this reform, the EU aims to position itself as an attractive destination for highly qualified professionals seeking long‑term stability and career development.
Reform of the Immigration Regulation: an extraordinary regularisation process for 2026
Royal Decree 316/2026 introduces one of the most significant reforms of Spain's Immigration Regulation since its approval in 2024. Its main purpose is to create an extraordinary regularisation pathway for foreign nationals who have remained in Spain for a prolonged period and who, "for reasons beyond their control, cannot obtain a temporary residence permit based on exceptional circumstances."
The decree establishes two new forms of arraigo: arraigo for applicants for international protection and extraordinary arraigo, the latter available only until 30 June 2026. Applicants must prove presence in Spain before 1 January 2026, five months of uninterrupted stay, no criminal record, and must demonstrate either employment links, family unity or a situation of vulnerability.
The reform also amends key articles of the Immigration Regulation, expanding rights and simplifying procedures. Notable measures include provisional work authorisation from the start of the application, reinforced protection for minors — including five‑year residence permits — and the removal of negative administrative silence in procedures involving minors under public guardianship.