Facilitating the recruitment of foreign workers
This is the reform's focal point. The new legislation allows foreign workers to obtain a visa more easily. This is an indispensable point for Spain, which wants to gain in attractivity in the eyes of international talent.
In practice, the reform is simplifying the recruitment of foreign labor in some industries. The list of jobs in demand will be updated every 3 months according to their industry and geographical location. Before, this list was limited and restrictive. Foreign workers have been facing many difficulties in finding a job. All the more since the process to obtain a work permit was long and cumbersome.
From now on, the list of jobs in demand is much more varied so as to attract as many potential workers as possible. The list can be divided into two parts: on one side, hard-to-fill positions (facing a skills/labor shortage), and on the other side, other vacancies. Previously, companies could only recruit foreigners for jobs belonging to the first category (jobs facing skills/labor shortages). The reform now allows companies to recruit people beyond that category. To do so, they only have to put their vacancy up on the Spanish government's employment portal. If the vacancy remains unfilled after 8 days, it enters the category of hard-to-fill positions, and companies are then free to recruit foreign workers for these positions.
Developing entrepreneurship
Digital nomadism is booming, and Spain wants to benefit from it by attracting self-employed expats. Just like for work permits, it was previously very difficult to set up a business as an expat in Spain. Obtaining the self-employed work visa was a real test of expats' patience and perseverance, especially if their business proposal couldn't be considered as being part of dynamic or innovative sectors. One's place of residence didn't simplify the procedure: applying from abroad or in Spain itself bore the same difficulties.
Here too, the reform is simplifying things. All the steps and elements which slowed down the process of obtaining a self-employed worker visa (an autónomo visa) have been eliminated. It's a direct consequence of the “nomadisation” of the organization of work. Aware of the development of new modes of working, Spain wants to encourage the digitalization of professional activities. New digital professions all tend towards increased flexibility. The immigration reform naturally follows this course, including when it comes to the family reunification requests of foreign entrepreneurs. For Spain, this is a win-win move. Promoting the migration of self-employed expats into the country will generate wealth and economic growth.
Encouraging employment among international students
The immigration law reform is also targeting international students. First of all, the reform is facilitating the transition into the workforce for students enrolled in an industry-oriented or vocational educational institution (specialized schools, for instance). Thanks to this law, an international student attending an institution that makes them directly “employable” will be able to start working without needing to apply for a change of (visa) status. These students will be able to work as employees, or even as freelancers, within the 30-hour weekly limit.
Other international students will also benefit from increased flexibility. In 2018, the Spanish government had already created a new residence permit for international students seeking employment. The new immigration law reform goes one step further by eliminating the previous 3-year requirement to change a student visa into a work visa as soon as their studies are completed. Furthermore, an international student can now work a maximum of 30 hours per week, as compared to 20 hours previously.
Immigration reform to attract foreign workers
The immigration reform is also extending the renewal term of visas. The renewal term now lasts longer than before: 4 years instead of 2. Workers can apply for renewal if they've worked at least 3 months in a year, while the previous requirement was 6 months. The renewal procedure will be more simple. Workers will only need to prove that they're actively looking for a job.
By targeting foreign workers, Spain is taking a new step in the global race to attract top foreign talent. The country itself is facing a “brain drain.” Authorities have been concerned about this problem since the Spanish real estate crisis of 2007. Various budgetary cuts have made researchers, doctoral students and other graduates leave. It's to fight against this trend that Spain is now focusing on international talent. Their arrival could even have a positive boomerang effect and show locals the advantages of living in this country.
