The Ministry of Inclusion has approved a series of instructions to clarify and correct part of the new Aliens Regulation, especially regarding the treatment of family members of naturalised Spanish citizens. In response to warnings from NGOs and legal experts about possible discrimination, the government has allowed these family members to also benefit from the EU regime, which makes it easier for them to apply for residency from Spain and not only from their countries of origin, as required by the new regulations. This correction seeks to avoid inequalities between naturalised Spanish citizens and other Europeans, and will allow applicants to choose the most favourable regime according to their situation.
However, the new instructions do not resolve the most controversial point of the reform: the situation of asylum seekers whose applications are rejected. As of 20 May, these people will not be able to regularise their situation until they have lived for at least two years without papers, as the time elapsed during the asylum process will not be taken into account for the purpose of establishing roots. Even so, the Ministry has clarified that the time prior to the application for protection will be counted, and that if the interested party voluntarily withdraws from the process, they will be able to reactivate the calculation from that moment onwards, although concerns persist over the practical consequences of this measure.
Source: eldiario.es 15/05/2025
