With the upcoming implementation of the new European Pact on Migration and Asylum, significant changes are expected in the management of applications and administrative regularization pathways.

As of the date the Pact comes into effect, the current criteria will be modified, limiting the granting of residence permits on humanitarian grounds linked to the denial of asylum applications for new cases submitted after that date.

Individuals who applied for asylum before the established cut-off date and whose applications are ultimately denied may still be eligible, on a transitional basis, for regularization after completing the required six-month period of stay, provided that domestic legislation continues to allow it, in accordance with Article 128.

In addition, the importance of processing residence and work permit modifications within the applicable legal deadlines is emphasized. New permits issued under this framework will be valid for four years instead of one.

For individuals who do not meet the new asylum or humanitarian grounds requirements, it remains advisable to explore other regularization options, including the different arraigo pathways or specific instructions issued by the Directorate-General for Migration that apply to certain groups, such as students, professionals, or credential recognition procedures.

The regulatory framework is currently undergoing a transition period and remains subject to the implementing guidelines that may be issued by the competent authorities. It is therefore recommended that the status of each case be reviewed individually and in detail.

Source: Ministerio del Interior | Pacto Europeo de Migración y Asilo (PEMA) 

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