3 February

PROPOSAL TO AMEND ROYAL DECREE 1155/2024

Civil law

PROPOSAL TO AMEND ROYAL DECREE 1155/2024, OF 19 NOVEMBER, APPROVING THE REGULATIONS OF ORGANIC LAW 4/2000, OF 11 JANUARY, ON THE RIGHTS AND FREEDOMS OF FOREIGNERS IN SPAIN AND THEIR SOCIAL INTEGRATION

Royal Decree XX/2025, of X of X, amending Royal Decree 1155/2024, of 19 November, approving the Regulations of Organic Law 4/2000, of 11 January, on the rights and freedoms of foreigners in Spain and their social integration.

Spain is a country in which migration has been decisive in our past and continues to be so in the construction of our present and future. On the one hand, due to the enormous weight and relevance of the emigration of so many compatriots to other parts of the world in search of life opportunities, with destinations in Europe and Latin America being particularly significant. On the other hand, because our country has ceased to be merely a land of transit or departure and has become a country of destination and reception. The new international geopolitical situation, the new causes of human mobility that add to the traditional ones, instability in many countries immersed in armed or institutional conflicts, together with climate change, have led to an intensification of human mobility worldwide. Due to its geographical position and the perception of stability, security and economic and social prosperity, our country constitutes a priority destination for migratory flows.

For this very reason, Spain’s migration policy has been built in recent years on solid foundations: close interministerial coordination among all Government departments involved in migration matters; governmental cooperation extended to the Autonomous Communities and local entities, given the indispensable transversal territorial and functional perspective; consideration of Spain’s migration policy in a comprehensive manner, in accordance with the international instruments we have assumed and of which we form part both in Europe and globally; commitment to humanitarian assistance for migrants arriving on our coasts and to providing reception to those who apply for international protection, with full respect for Human Rights.

The reform incorporated in this Royal Decree seeks to deepen the objectives that inspired the drafting of Royal Decree 1155/2024, of 19 November, by improving the pathways for access to a residence permit on exceptional grounds for those persons who already have an inseparable bond of coexistence, as well as by providing greater legal certainty to foreign nationals already present in Spain, guaranteeing the full exercise of their rights. In line with this commitment, the requirements for obtaining the authorisations regulated in this Royal Decree are configured as situations that demonstrate a connection between the applicant and our country, elevating the presence of these persons in Spain to the appropriate administrative status. The requirement of having no criminal record safeguards the interests of Spanish society, with special attention being paid to particularly serious offences, without prejudice to preserving the legal situation of persons who may have acted in a state of necessity.

This Royal Decree is structured in a single article amending Royal Decree 1155/2024, of 19 November, approving the Regulations of Organic Law 4/2000, of 11 January; one single additional provision; one single repealing provision; and one single final provision. This Royal Decree complies with the principles of good regulation set out in Article 129 of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations.

In application of the principle of transparency, the objective of this Royal Decree is defined and justified in this explanatory section, and potential addressees of the regulation have been enabled to participate actively in its drafting. For these purposes, a public hearing and information procedure will be carried out through the website of the Ministry of Inclusion, Social Security and Migration. In accordance with Article 26.5 of Law 50/1997, of 27 November, on the Government, the mandatory reports of the Ministries of the Interior; Territorial Policy and Democratic Memory; and Foreign Affairs, European Union and Cooperation will be requested. In addition, pursuant to said article, reports from the Technical General Secretariats of the remaining ministries will be requested.

Likewise, the draft will be reported on by the Technical General Secretariat of the Ministry of Inclusion, Social Security and Migration, and prior approval will be sought from the Ministry of Digital Transformation and Public Service. A report will be requested from the Office for Regulatory Coordination and Quality of the Ministry of the Presidency, Justice and Relations with Parliament. The draft will be submitted for consultation to the Interministerial Commission on Immigration, the Tripartite Labour Commission on Immigration, and the Forum for the Social Integration of Immigrants. The project will also be reported on by the Autonomous Communities and the Immigration Offices.

Finally, an urgent opinion will be requested from the Council of State, and its observations will be incorporated. This Royal Decree fully complies with the constitutional order of distribution of competences, specifically the exclusive competence attributed to the State by Article 149.1.2.a of the Constitution in matters of immigration and aliens.

Accordingly, on the proposal of the Minister of Inclusion, Social Security and Migration; the Minister of Foreign Affairs, European Union and Cooperation; the Minister of the Interior; and the Minister of Territorial Policy and Democratic Memory, with the prior approval of the Minister of Digital Transformation and Public Service, in accordance with the Council of State, and after deliberation by the Council of Ministers at its meeting of XX of XX of 2025,

I HEREBY ENACT:

Sole Article. Amendment of Royal Decree 1155/2024, of 19 November, approving the Regulations of Organic Law 4/2000, of 11 January, on the rights and freedoms of foreigners in Spain and their social integration.

Royal Decree 1155/2024, of 19 November, approving the Regulations of Organic Law 4/2000, of 11 January, on the rights and freedoms of foreigners in Spain and their social integration, is amended as follows:

One. Transitional Provision Five is amended to read as follows:

Transitional Provision Five. Residence authorisations on exceptional grounds due to rootedness.

Foreign nationals who, before 31 December 2025, have submitted an application for international protection may apply for a residence authorisation on exceptional grounds due to rootedness, provided that they meet the following requirements:

a) To be present in Spain.

b) To have no criminal record in Spain or in the countries in which they have resided during the five years prior to their entry into Spain, for offences provided for under Spanish law. Where criminal records in Spain are eligible for cancellation, the competent authority shall inform the Ministry of the Presidency, Justice and Relations with Parliament so that such cancellation may be carried out prior to the issuance of the decision in the procedure. Where the applicant is eligible to request the cancellation of criminal records in Spain, the General State Administration shall require the applicant to carry out such cancellation before the decision is issued.

c) Not to pose a threat to public order, security or public health.

d) Not to be subject to an entry ban into Spain and not to be listed as inadmissible in the territorial area of countries with which Spain has signed an agreement to that effect.

e) Where applicable, not to be within the period of commitment not to return to Spain.

f) To have paid the fee for processing the procedure. Applications for this residence authorisation on exceptional grounds due to rootedness may be submitted until 30 June 2026.

Where the foreign nationals referred to in paragraph one have minor children, or adult children with a disability who are objectively unable to provide for their own needs due to their state of health, the application for the authorisation regulated in Articles 159 and 160 may be submitted simultaneously with the residence authorisation of the parent. The applications shall be decided simultaneously. In cases where the application is submitted under Article 159, the requirement to submit it within six months following birth shall be waived. In cases where the application is submitted under Article 160, the requirements of two years’ prior residence and of the parents or legal guardians having sufficient financial means and accommodation for family reunification shall be waived.
Where the foreign nationals referred to in paragraph one have family members in Spain who meet the requirements of Article 127(c), they may simultaneously apply for a residence authorisation on exceptional grounds due to social rootedness, provided that they meet the requirements set out in Chapter I of Title VII, except for those laid down in Article 126(a) and (b). In such cases, the applications shall be decided simultaneously.
Once the application for the authorisation referred to in the preceding paragraphs has been admitted for processing and until the procedure is resolved, applicants shall be provisionally authorised to reside and, if they are of working age, to work as employees or self-employed throughout the national territory and in any occupation or sector of activity. The refusal of the application shall automatically result in the loss of validity of the provisional work authorisation without the need for an express administrative decision. Where applicable, once the definitive authorisation is granted, its effects shall be retroactive to the moment the provisional authorisation was granted. The maximum period for resolving the procedure and notifying the decision may be suspended under the terms set out in Article 22 of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations. During such suspension, the provisional authorisation regulated in this paragraph shall remain valid.
In cases where applicants are subject to a return procedure or decision, the submission of the application for the residence authorisation referred to in the preceding paragraphs shall result in the suspension of the return procedure and the enforcement of the return decision, provided that such decision is based on one of the following grounds:

a) Being unlawfully present in Spanish territory due to failure to obtain an extension of stay, lack of a residence authorisation, or having such authorisation expired for more than three months, provided that the person concerned has not applied for renewal within the legally established period.

b) Working in Spain without having obtained a work authorisation or prior administrative authorisation to work, where the person does not hold a valid residence authorisation.

In the event of a favourable decision, the return procedure shall be closed and the return decision revoked.

Applications based on this transitional provision shall be processed on a preferential basis. Submission of the application shall result in the suspension of any pending deadlines in any other residence or residence and work application previously submitted for the same foreign national, until the final refusal, where applicable, of the application based on this transitional provision.
Applications and documentation may be submitted using a form drawn up for this purpose by the competent administration and through any legally valid registration channel. Without prejudice to the provisions of the Third Additional Provision of Organic Law 4/2000, of 11 January, and the Fourth Additional Provision of its Regulations, other public offices may be enabled throughout the national territory, by means of appropriate instruments provided for in current legislation, for the submission of applications through a specific, preferential and differentiated processing procedure.
During the month immediately following the granting of the authorisation, the foreign national must apply for the foreigner identity card, which shall be issued for the period of validity of the authorisation. Habitual residence may be accredited by any legally valid evidence and at any documentation unit within Spanish territory.
Under no circumstances shall it be required to submit documentation that is already held by the Public Administration.
By way of exception, if the interested party proves that they have requested a criminal record certificate from the authorities of the country of origin or of the country where they have resided during the previous five years and one month has elapsed without receiving it, the Government, upon request, may obtain the necessary information directly from the relevant foreign authority. If such information is not received within one month, the Administration shall inform the interested party, who may submit a sworn statement declaring the absence of criminal records. In such case, for the purposes of this transitional provision, the interested party shall be deemed to have no criminal record in the said countries.

Two. A new Transitional Provision Six is introduced, with the following wording:

Transitional Provision Six. Single exceptional residence authorisation.

Foreign nationals who were present in Spain before 31 December 2025 may apply for a single exceptional residence authorisation, provided that they meet the following requirements:

a) To have remained continuously in such situation for at least five months at the time of submission of the application. This situation may be proven by any public or private document, or a combination of both.

b) To have no criminal record, under the terms of Article 31.5 of Organic Law 4/2000, of 11 January, during the previous five years for offences classified under Spanish law. Where criminal records in Spain are eligible for cancellation, the competent authority shall inform the Ministry of the Presidency, Justice and Relations with Parliament so that such cancellation may be carried out prior to the issuance of the decision in the procedure.

Where the applicant is eligible to request the cancellation of criminal records in Spain, the General State Administration shall require the applicant to carry out such cancellation before the decision is issued.

c) Not to pose a threat to public order, security or public health.

d) Not to be subject to an entry ban into Spain and not to be listed as inadmissible in the territorial area of countries with which Spain has signed an agreement to that effect.

e) Where applicable, not to be within the period of commitment not to return to Spain assumed by the foreign national upon voluntarily returning to their country of origin.

f) To have paid the fee for processing the authorisation.

In addition to the above requirements, applicants must meet at least one of the following conditions:

a) To have worked during their stay in Spain or to submit an employment contract.

b) To remain in Spain together with their family unit, provided that it is composed of: children who are enrolled in school or pursuing academic studies; adult children with a disability requiring support or who are objectively unable to provide for their own needs due to their state of health; or first-degree ascendants.

c) To be in a situation of vulnerability, accredited by the competent entities in the field of social assistance. Such situation may also be accredited by Third Sector entities registered in the Electronic Register of Immigration Collaborators. In any case, foreign nationals who are in an irregular administrative situation in Spanish territory shall be presumed to be in such a situation of vulnerability.

Applications for the single exceptional residence authorisation may be submitted until 30 June 2026.
In the cases referred to in paragraph 2(b), minor children or adult children with a disability who are objectively unable to provide for their own needs due to their state of health shall submit the application for the residence authorisation regulated in Articles 159 and 160 simultaneously with the residence authorisation of the parent. The applications shall be decided simultaneously. In cases where the application is submitted under Article 159, the requirement to submit it within six months following birth shall be waived. In cases where the application is submitted under Article 160, the requirements of two years’ prior residence and of the parents or legal guardians having sufficient financial means and accommodation for family reunification shall be waived.
In the cases referred to in paragraph 2(b), the ascendants of the foreign national may apply for a single exceptional residence authorisation regulated under this transitional provision. The applications shall be decided simultaneously.
In cases where applicants are subject to a return procedure or decision, the submission of the application for the residence authorisation referred to in the preceding paragraphs shall result in the suspension of the return procedure and the enforcement of the return decision, provided that such decision is based on one of the following grounds:

b) Working in Spain without having obtained a work authorisation or prior administrative authorisation to work, where the person does not hold a valid residence authorisation.

In the event of a favourable decision, the return procedure shall be closed and the return decision revoked.

Applications based on this transitional provision and the accompanying documentation may be submitted using a form drawn up for this purpose by the competent administration and through any legally valid registration channel. Without prejudice to the provisions of the Third Additional Provision of Organic Law 4/2000, of 11 January, and the Fourth Additional Provision of its Regulations, other public offices may be enabled throughout the national territory, by means of appropriate instruments provided for in current legislation, for the submission of applications through a specific, preferential and differentiated processing procedure.
Once the application for the authorisation referred to in the preceding paragraphs has been admitted for processing and until the procedure is resolved, foreign nationals shall be provisionally authorised to reside and, if they are of working age, to work as employees or self-employed throughout the national territory and in any occupation or sector of activity. The refusal of the application shall automatically result in the loss of validity of the provisional work authorisation without the need for an express administrative decision. Where applicable, once the definitive authorisation is granted, its effects shall be retroactive to the moment the provisional authorisation was granted.

The maximum period for resolving the procedure and notifying the decision may be suspended under the terms set out in Article 22 of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations. During such suspension, the provisional authorisation regulated in this paragraph shall remain valid. All of the above is without prejudice to the provisions of Article 95 of Law 39/2015, of 1 October, under which, in procedures initiated at the request of the interested party, where proceedings are suspended for reasons attributable to the applicant, the Administration shall warn that, after three months, the procedure shall lapse. Once this period has elapsed without the applicant carrying out the necessary actions to resume processing, the Administration shall order the closure of the proceedings and notify the interested party accordingly.

The single exceptional temporary residence authorisation shall be valid for one year and shall entitle its holders to reside and work as employees or self-employed, anywhere in Spanish territory, in any occupation or sector of activity, provided that they have reached the minimum legal working age. This authorisation may be renewed if the conditions giving rise to the right remain in force and the holder is unable to apply for a modification under the Regulations of Organic Law 4/2000, of 11 January, on the rights and freedoms of foreigners in Spain and their social integration.
Applications based on this transitional provision shall be processed on a preferential basis. Submission of the application shall result in the suspension of any pending deadlines in any other application for international protection, residence or residence and work previously submitted for the same foreign national, until the final refusal, where applicable, of the application based on this transitional provision.
During the month immediately following the granting of the authorisation, the foreign national must apply for the foreigner identity card, which shall be issued for the period of validity of the authorisation. Habitual residence may be accredited by any legally valid evidence and at any documentation unit within Spanish territory.
Under no circumstances shall it be required to submit documentation that is already held by the Public Administration. By way of exception, if the interested party proves that they have requested a criminal record certificate from the authorities of the country of origin or of the country where they have resided during the previous five years and one month has elapsed without receiving it, the Government, upon request, may obtain the necessary information directly from the relevant foreign authority. If such information is not received within one month, the Administration shall inform the interested party, who may submit a sworn statement declaring the absence of criminal records. In such case, for the purposes of this transitional provision, the interested party shall be deemed to have no criminal record in the said countries.
The provisions of the “Organic Law” shall apply to the procedure as a whole.

Additional Provision One. Powers of implementation and development.
The competent bodies of the affected Ministries are authorised to adopt the measures and issue the rules and instructions necessary for the implementation and development of this Royal Decree.

Additional Provision Two. Supplementary application.
In matters of procedure not provided for in this Regulation, the provisions of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations, and its implementing regulations shall apply.

Single Repealing Provision. Regulatory repeal.
Upon entry into force of this Royal Decree, all provisions of equal or lower rank that contradict the provisions set forth herein are hereby repealed.

Single Final Provision. Entry into force.
This Royal Decree shall enter into force on the day following its publication in the Official State Gazette.