Immigrants are seen upon their arrival at Arguineguin port in Gran Canaria, Canary Islands, Spain. EPA-EFE/Quique Curbelo

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Spain set to adapt to EU migration law and restrict migration

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The Spanish Government aims to replace the current asylum law with a stricter framework aligned with the new migration rules agreed upon in Brussels.

The proposed Spanish law will mandate that border asylum cases be resolved within 12 weeks and in-territory cases within six months, including appeals. This represented a drastic reduction compared to the current two-year average.

This shift has contrasted with Prime Minister Pedro Sánchez’s Socialist administration’s recent policies, which eased residency registration and citizenship requirements. The Bank of Spain had stated in April this year that the country would need “25 million immigrants over the next 25 years.”

The political mood has since changed. The new European Pact on Migration and Asylum demands tighter regulations to better control migration flows.

Spain’s most significant adjustments will focus on asylum procedures, currently governed by a 2009 law that neither complies with European directives nor has a detailed regulatory framework, even 15 years after its enactment.

Following persistent demands from Brussels, the government has been compelled to draft new legislation that aligned with the European pact.

Broadly, the goal is to minimise fraud in a system that processes more than 150,000 applications annually, to expedite case resolutions and maximise deportations of those not eligible for asylum.

Immigrants arrive to Arrecife Port after they were ‘rescued’ from two inflatable boats by a Sea Rescue boat in Lanzarote, Canary Islands, Spain. (EPA-EFE/ADRIEL PERDOMO)

This overhaul has coincided with the implementation of a revised immigration regulation that has simplified pathways for migrants to regularise their status while discouraging the misuse of asylum as an alternative entry route.

A cornerstone of the European pact was to streamline border procedures to identify and process irregular arrivals. That aimed to determine quickly who qualified as a refugee and who must return home.

To ensure the swift return of rejected applicants, Spain’s Ministry of the Interior will simultaneously assess asylum claims and prepare deportation measures. While this approach is already in place in other European Union countries, it will require new legislation in Spain to establish a specific return procedure for denied applicants.

This comprehensive reform reflected the broader European push to regain control over migration dynamics and address long-standing inefficiencies in the asylum system.