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Monday, Mar 10, 2025

New Immigration Rules in Spain Require Catalan Language Proficiency for Residency Permits

The Spanish government has introduced a new regulation mandating knowledge of the Catalan language for immigrants in Asturias.
In November 2023, the Spanish government implemented a new regulation concerning foreign residency permits, which now includes a requirement for immigrants to demonstrate proficiency in the Catalan language.

This legislative change follows an agreement reached in Switzerland between the Spanish Socialist Workers' Party (PSOE) and the pro-Catalan independence party, Junts.

The new provisions, incorporated into the Foreigners' Law, were announced on 19 November through a royal decree that does not require parliamentary approval.

Elma Saiz, Minister of Inclusion, Social Security and Migration, presented the regulation and stated that it aims to simplify procedures and enhance legal guarantees for immigrants.

The government projects that this regulation will facilitate the regularization of up to 300,000 immigrants annually.

Four articles of the new regulation stipulate that immigrants must 'prove' their knowledge of the official language of the region they reside in, specifically for obtaining or renewing the most common residency permits, such as those for family reunification and social or labor roots.

Moreover, the regulation highlights that the integration efforts of foreign residents will be assessed, with immigrants needing to provide a favorable report from relevant local authorities to aid in their renewal applications if they cannot fully meet all renewal criteria.

Additionally, the law mandates that a report from local government bodies must certify immigrants' understanding and respect for constitutional values of Spain, statutory values of the autonomy in which they reside, EU values, human rights, public freedoms, democracy, tolerance, and gender equality, along with their learning of the official languages of that locality.

This language requirement is a significant shift from earlier provisions.

The previous Foreigners' Law, enacted under Prime Minister José María Aznar in 2000, only encouraged public administrations to enhance understanding of constitutional and statutory values and the learning of official languages, without establishing language proficiency as a condition for residency.

Under the recent agreement, the Generalitat of Catalonia has been assigned the authority to process and resolve immigration cases, including the ability to expel irregular immigrants.

Leaders of Junts have asserted that knowledge of Catalan is essential for full integration, emphasizing that, according to European legislation, a territory’s language requirement can indeed be a criterion for residency permits.

Pedro Sánchez, the Spanish Prime Minister, reaffirmed this requirement, asserting that it aligns with constitutional mandates regarding language co-officiality in Spain.

However, critics point out that the 2000 law does not explicitly state language proficiency as a requirement for residency permits but rather suggests actions to promote language learning.

The agreement with Junts was part of a broader political negotiation, aiming to secure support for urgent legislative measures.

In exchange for the PSOE garnering this support, Junts has positioned immigration as a critical issue for Catalonia’s national identity, reiterating the need for language proficiency as a foundational aspect of integration.

As the government pushes forward with this reform, opposition from other political factions remains, particularly from Podemos, which has signaled its intent to vote against the law concerning the delegation of immigration powers to the Generalitat.
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