Transfer of Immigration Competencies to Catalonia: Key Points for Foreigners 2025

The Spanish Government has announced a significant change in the management of immigration and foreign affairs in the country. During the first half of 2025, an immigration regulation reform will be implemented, along with the transfer of competencies in this area to the Autonomous Community of Catalonia. This change represents a crucial step in decentralizing immigration procedures, which could directly impact foreigners residing in or planning to settle in Catalonia.

At Visal Immigration Lawyers, as expert immigration lawyers, we aim to provide a comprehensive guide on what this transfer of competencies entails and how it could affect immigrants in Catalonia.

The PSOE-Junts Agreement and the Transfer of Competencies

The agreement between PSOE and Junts includes the transfer of immigration competencies to Catalonia, a measure that has sparked a broad political and legal debate in Spain.

- What Has Been Agreed?

According to recent reports, the agreement stipulates that the Generalitat of Catalonia will assume greater competencies in immigration management, particularly concerning work authorizations for foreigners. This would imply a model similar to that of the Basque Country and Navarre, where these communities have a certain degree of control over work permits for immigrants, but without affecting overall immigration policy, which remains a state competency.

- What Would Change in Practice?

1️⃣ Management of Work Authorizations: Catalonia could be responsible for processing work permits for immigrants within its territory. 2️⃣ Coordination with the Central Government: General immigration policy, including visas, nationality, and deportations, would remain under state control. 3️⃣ Impact on the Labor Market: The transfer is expected to allow the Generalitat to adapt the issuance of work permits to the needs of the Catalan labor market.

- When Will It Be Implemented?

There is no exact date yet, but the agreement between PSOE and Junts states that the transfer will be carried out within a relatively short period. The central government and the Generalitat must negotiate the technical and legislative details to finalize the change.

This move has generated mixed reactions. While the Catalan government sees it as a historic step towards greater autonomy, other political sectors have questioned its legality and feasibility, arguing that immigration should remain a state competency.

Will Immigrants Be Required to Speak Catalan?

Recent discussions surrounding the transfer of immigration competencies to Catalonia have raised questions about whether foreigners will be required to learn Catalan as a prerequisite for obtaining residency or work permits.

- Is Catalan Mandatory for Immigrants?

Currently, no regulation requires foreigners to speak Catalan to live or work in Catalonia. However, some political sectors have suggested that knowledge of Catalan could be a requirement or an added value in immigration integration processes.

- Key Points in the Debate:

1️⃣ Language Policy in Catalonia:

• The Generalitat has promoted measures to strengthen the use of Catalan in various fields, including education and public administration.

• There has been talk of promoting Catalan learning programs for immigrants, but without making it a mandatory requirement at this time.

2️⃣ Comparison with Other Models:

• In countries such as France or Germany, knowledge of the local language is a criterion in some regularization or nationality acquisition processes.

• In Catalonia, Catalan is already a requirement in certain public sector job applications, leading some sectors to believe a similar model could be applied in immigration matters.

3️⃣ What Does the PSOE-Junts Agreement Say?

• So far, the agreement between PSOE and Junts on immigration does not explicitly mention making Catalan mandatory for foreigners.

• However, the Generalitat is expected to promote programs to encourage Catalan learning among immigrants.

• It is important to note that in Catalonia, Catalan is already a requirement to apply for a residence permit through social integration (arraigo social).

- What Might Happen in the Future?

Although there is no current law requiring immigrants to speak Catalan, it is possible that language proficiency will be encouraged or valued in certain integration processes. However, any change in this regard would require a legislative process and could spark legal debate.

How Will This Change Affect Immigrants in Catalonia?

If you are a foreigner residing in Catalonia or planning to move there, it is crucial to understand how this change may impact your procedures and rights. Some potential effects of this transfer of competencies include:

1. Greater Autonomy in Immigration Procedures

The Generalitat is expected to establish more agile procedures tailored to Catalonia's migratory reality. This could reduce waiting times for case resolutions.

2. Possible Differences in Requirements

Regional regulations may differ from state laws in some aspects, requiring immigrants to stay well-informed about the new procedures specific to Catalonia.

3. Changes in Migration Flow Control

Catalonia will be able to regulate certain aspects of migration flows, which could impact the issuance of residence and work permits.

Conclusion

The transfer of immigration competencies to Catalonia represents a significant shift in the management of migration procedures. For immigrants, this could translate into new opportunities but also administrative challenges that require careful attention.

At Visal Immigration Lawyers, we understand that the immigration landscape can be complex and constantly changing.

That is why we are here to help. If you have any questions about how these changes may affect your immigration status, do not hesitate to contact us at 619 702 253 or visit our website www.visalimmigration.com for more information.