Will this legal option for settlement disappear

Will this legal option for settlement disappear?

Experts and lawyers believe that the figure of family roots in Spain as we currently know it will disappear. Everything indicates that there will be reforms that will make this legal possibility of settling in a European country a reality if you are a direct relative of a Spanish citizen.

According to the LegalTeam team, a resolution that came into force on August 16, 2022 amended the provisions of the Immigration Act 2000.

One of the innovations introduced was the possibility for relatives of a Spaniard who did not meet the conditions for obtaining a temporary residence permit for a relative of a Spaniard to apply for it through a more favorable regime and a less demanding case (Family Rooting).

However, the Spanish authorities consider it necessary to reform the immigration law and develop a new regulation, as the current regulation is more than a decade old. This team warns that it is not yet clear whether the immigration law will be changed or just a new regulation will be created.

Farewell to your family roots in Spain?

The Minister of Inclusion, Social Security and Migration, Elma Saiz, announced on December 28 that her ministry would push forward a reform of the regulation of the immigration law in the first half of 2024 “in order to reduce the existing number of approvals, simplify documentation and . “Improve procedures and strengthen the protection of migrants’ rights.”

With this reform announced this year, the family roots will change for a Spaniard's relatives who are neither spouses nor children under 21. Previously, these family members could only apply for a temporary residence permit for Community family members, which required proof that they were financially dependent on the Spaniard and that they were dependent on him.

This was very difficult to achieve and violated the right to family enshrined in Article 38 of the Spanish Constitution. According to LegalTeam, the number will not disappear, but will improve. They believe that the new regulations will be more flexible and will not create as many obstacles for these types of roots. Good news, right?

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