The Directorate General for Migration Management (DGGM) has approved Management Criteria 2/2025, aimed at regulating how changes of contract or employer should be processed in residence authorizations due to social and labor roots (Article 127.b of the RLOEX, approved by Royal Decree 1155/2024) .
This criterion establishes clear rules to facilitate labor mobility, providing flexibility and legal certainty to those who obtain their residency through social and labor roots.
1. What regulates Management Standard 2/2025?
The document provides detailed instructions on how to manage changes of employer or contract in the authorization for socio-laboral roots, ensuring that these are executed correctly without compromising the applicant’s legal status.
2. Main novelties and key rules
- Free change after three months: Once three months have elapsed since the authorization was granted, the foreigner may change employer without having to justify the reason or inform the Foreigners’ Office.
- Change before three months for justified cause: In situations such as when the application is still pending, when the authorization has been granted but the registration with the Social Security has not taken place, or when there is an immediate registration and cancellation, the change is allowed. But it must be communicated to the Immigration Office together with the new contract.
- Deadlines for communicating the change:
- General: two months after the need for change is known.
- If there is no registration with Social Security after the concession: period reduced to one month.
- General: two months after the need for change is known.
- New contract requirements: Must meet the minimum requirements of the RLOEX: at least proportional part of the Minimum Interprofessional Wage, minimum working hours of 20 hours per week (can be achieved with one or several contracts).
- Applicable also during appeals: If the change occurs while an appeal is being processed, the applicant has two months to communicate it, and his authorization is maintained as long as he is registered with Social Security in the following month.
- Previous social roots: The criterion is also extended to those who obtained residence due to social roots according to previous regulations (RD 557/2011), always respecting the requirements in force at that time.
3. Why is this criterion important?
- Greater legal certainty: Applicants can change jobs without fear of losing their authorization.
- Flexibility in the face of unforeseen events: Protects those facing unexpected work situations that prevent continuation with the original employer.
- Clarity for official entities: Avoids disparate interpretations between immigration offices.
- Stability during administrative proceedings: Guarantees legal status even during administrative appeals.
4. Practical impact for applicants and consultants
- Applicants: They now know that they can change employers if the situation requires it, with clear deadlines and no risk of losing authorization.
- Advisors and NGOs: They have a clear guide to orient those who need these changes.
- Administration: Consistent criteria are available to manage any contract change request without disparity between regions.
5. Conclusion
Management Criterion 2/2025 introduces clear rules, expands rights and reinforces the security of those who access residency due to social and labor roots. By including aspects such as deadlines, requirements and coverage during appeals, this criterion reinforces the flexibility and predictability of the immigration system.
Source of information and PDF: Inside Note
Diana Caballero
CEO – Founding Partner
Martínez & Caballero Abogados
