What will happen to applications filed before 20 May?
- Melcart Abogados
- Jan 15
- 4 min read
Short Answer:
Applications for initial permits and extensions or renewals filed before 20 May 2025 will be governed by Royal Decree 557/2011, of 20 April, unless you elect the new immigration regulation.
Long Answer:
Many readers of this site will have filed still-ongoing applications for new permits or extensions or renewals thereof prior to 20 May 2025.
General considerations on retroactivity.
"Retroactivity" refers to a jural norm —a law or regulation— affecting affairs prior to the law or regulation's entry into force. (In contrast, "ultractivity" —for which we cannot find an equivalent in English— refers to a norm controlling affairs after the repeal of the erstwhile norm.
The Spanish legal system espouses the principle tempus regit actum, that is, the general prohibition of retroactivity of jural norms. This principle is enshrined in our jurisprudence, our Spanish Civil Code of 1889 (hereafter, "CC"), and our Constitution of 1978 (hereafter, "CE").
Article 2.3 CC says: "Laws shall not have retroactive effect, unless they provide otherwise."
Article 9.3 CE says: "The Constitution guarantees (...) the non-retroactivity of punitive measures that are unfavorable to or restrict individual rights (...)."
As both the CE and the CC indicate, there are exceptions to the non-retroactivity of jural norms:
Jural norms are non-retroactive unless they, or different jural norms, establish otherwise.
However, in no case can punitive norms —e.g., criminal or administrative laws— or norms which restrict individual rights be retroactive insofar as the are harmful.
What about Royal Decree 1155/2024? Is it retroactive?
To answer this question, we need look no further than the royal decree itself. In its second transitory disposition, Royal Decree 1155/2024 says as follows:
Applications filed prior to the entry into force of this royal decree will be processed and resolved in accordance with the regulations in force on the date of filing, unless the interested party requests the application of the provisions of [RD 1155/2024], and provided that compliance with the requirements for each type of application is proved.
This creates three cases:
Applications filed as of 20/05/2025. | Applications filed prior to 20/05/2025, default. | Applications filed prior to 20/05/2025, with election. |
|---|---|---|
Processed and resolved pursuant to the new immigration regulation approved in RD1155/2024. | Processed and resolved pursuant to the previous immigration regulation approved in RD557/2011. | Processed and resolved pursuant to the new immigration regulation approved in RD1155/2024. |
Thus, Royal Decree 1155/2024, of 19 November, is electively retroactive.
At whose election? As the regulation states, at the request of the interested party in a given procedure.
How and when can I elect to have my case processed and resolved pursuant to Royal Decree 1155/2024?
How:
This depends on whether you —an or the interested party— in the procedure are a natural person (made of flesh and blood) or a legal or fictional person (made of statutes, bylaws, articles of incorporation).
A natural person may file a request with the Office of Immigration (Oficina de Extranjería) at any of the following locations (not exclusive):
Electronically, through the immigration authorities' electronic registry, MERCURIO,
Electronically, through the state Administration's general electronic registry, Red SARA,
Public registry offices, of any Administration, or
At Correos post offices, by mail or by ORVE.
A legal or fictional person must file the election with the Office of Immigration through MERCURIO or, subsidiarily, Red SARA. (Note: a natural person representing a legal person must also file through MERCURIO or SARA).
The filing should include:
The Office of Immigration to which the election document is directed (e.g., "A la Oficina de Extranjería en Valencia");
The name(s) and surname(s) of the interested party and, where appropriate, those of the interested party's representative;
The temporary or definitive case file number (número de expediente) (e.g., 2024********** or I2024*********, respectively) or, subsidiarily, a clear indication of the application to which the filing makes reference (e.g., "Solicitud de modificación de estancia a residencia y trabajo por cuenta propia formulada a través de MERCURIO con número de registro REGAGE***************");
A clear, explicit election for the ongoing application to be processed and resolved pursuant to Royal Decree 1155/2024;
Place and date of the election document; and
Signature of the interested party.
When?
Election for processing under Royal Decree 1155/2024 can be filed at any time prior to resolution and notification of the ongoing procedure, including after 20 May 2025.
What are the effects of filing election to submit to Royal Decree 1155/2024?
Your application will be processed and resolved pursuant to the new immigration regulation.
As a result, you may be required by the Office of Immigration to produce additional documents or information, as the dispositions set forth in Royal Decree 1155/2024 may contain requirements different from those in Royal Decree 557/2011.
Critical note: Once you have elected to have an ongoing application processed and resolved pursuant to Royal Decree 1155/2024, there is, generally, no going back. Consult an immigration lawyer before making this decision.
Should I elect to have my application processed and resolved under Royal Decree 1155/2024?
This is a decision which requires individual consideration. We will publish some general guidelines to help you make the decision for yourself, soon. However, please consult an immigration lawyer before making the decision to have your ongoing immigration application be processed and resolved under Royal Decree 1155/2024, as the consequences to such an election may not always be beneficial.
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