
«Second Chance Residency», a pathway to regularize the status of foreigners in Spain
The new Immigration Regulation approved in November 2024 introduced significant changes, one of which is the “Second Chance Residency”, a new pathway to regularize the status of foreign nationals in Spain who have lived continuously in the country but do not meet other requirements.
What is Second Chance Residency?
On November 19, 2024, an important reform of the Immigration Law Regulation came into effect, one of the key changes being the creation of the Second Chance Residency.
This residency pathway replaces the old “labor-based residency” and is designed to regularize the status of individuals who have lost their residence authorization within the past two years, provided that the loss was not related to public order, security, or health reasons.
In practical terms, anyone who held a residence permit in Spain within the last two years but could not renew it for any reason can apply for this program.
The creation of this pathway is a response to the limited impact of labor-based residency, which has had little effect in the past decade. Additionally, the premise is that social integration already plays a significant role in the employment generation process.
General Requirements for Applying for Second Chance Residency
Although the Second Chance Residency aims to help regularize the situation of those in irregular status, certain requirements must be met:
- Irregular status: The applicant must be in Spain irregularly at the time of application and not be a protection seeker during the application process.
- Continuous stay: The applicant must have been continuously present in Spain for at least two years before the application. Time spent in Spain during the processing of a protection request will not count towards this period.
- No threat: The applicant must not pose a threat to public order, safety, or public health.
- No criminal record: The applicant must have a clean criminal record, both in Spain and in the countries where they have resided in the past five years.
- No return commitment: The applicant must not be under a commitment of non-return to Spain.
- Non-rejectable status: The applicant must be accepted in the territory of countries with which Spain has agreements.
Specific Requirements for Second Chance Residency
To apply for Second Chance Residency, the applicant must have held a residence permit in the past two years, which was not granted for exceptional circumstances, and whose renewal was not denied for reasons of public order, security, or health.
In cases where there is a denial, dismissal, or acquittal of any sentence, the application may still be considered.
Differences Between Second Chance Residency and Labor-Based Residency
Labor-based residency has been a pathway for regularizing the status of foreign nationals who, after two years of residence in Spain, could prove a work relationship of at least six months. However, its application has been limited due to the difficulty of proving such work relationships through judicial or administrative resolutions, making this pathway less effective.
To address these limitations, the new immigration regulation introduces Second Chance Residency, which replaces the labor-based residency and expands its reach, adapting to the current needs of immigrants.
Procedure for Applying for Second Chance Residency
To apply for Second Chance Residency, applicants must follow several steps and submit the required documentation:
- Proof of social integration: Documents like certificates of registration, reports from social services, rental contracts, and other proof of continuous residence in Spain.
- Social integration report: Issued by the relevant Community or Municipality, confirming the applicant’s integration into Spanish society.
- Employment contract (if applicable): In some cases, a signed employment contract with a minimum duration of one year may be required.
- Criminal record certificate: Issued by both Spanish authorities and the authorities of the applicant’s country of origin, proving the applicant has no criminal record.
- Submitting the application: The application must be submitted at the corresponding Foreigners’ Office.
- Payment of fees: Applicants must pay the required processing fees.
- Follow-up: Applicants should track the status of their application and provide any additional requested information.
Extension of Second Chance Residency
The authorization granted through Second Chance Residency may be extended, as long as the requirements continue to be met, including proof of active job search and registration with the public employment service.