Since the new Immigration Regulation came into force on May 20, 2025 (Royal Decree 1155/2024), one of the most controversial provisions has been the Fifth Transitional Provision. May 20, 2025 (Royal Decree 1155/2024), one of the most controversial provisions has been the Fifth Transitional Provision.
This provision states that the time spent in Spain as an asylum seeker will not count toward the two years required to apply for rooting for training (arraigo para la formación). Only once the applicant for international protection receives a final denial decision does this period begin to count.
This represents a radical change from the previous criteria. Until the Regulation entered into force, it was possible for asylum seekers—if they met the residence and other requirements of the rooting procedure—to voluntarily withdraw their asylum application and apply for arraigo para la formación. That route offered a quick, regular, and legal alternative to many migrants who had spent years waiting for a response to their asylum applications, often without adequate guarantees.
With the new regulation, those in this situation are left in a legal limbo: their stay in Spain as applicants for international protection is not recognized for the purposes of rooting, which means they must wait for a final denial decision (which can take years) before the period begins to count. In other words, despite having legally resided in Spain for a long time, their time is invisible for legal regularization purposes.
This not only constitutes unequal treatment compared to other similar situations but also clearly violates the principle of administrative fairness. Moreover, it creates significant legal uncertainty and a situation of extreme vulnerability for thousands of people trapped in long and uncertain procedures, without access to stable regularization pathways.
It is important to note that this measure does not directly derive from Article 124.3 of the Regulation, as might be assumed, but rather from a specific decision included in the Fifth Transitional Provision, without sufficiently strong legal justification.
At Gestrámites, we believe this point must be urgently corrected. The legislator has the possibility to amend this provision through a new Royal Decree or even through a more flexible interpretation by the General Directorate of Migration, restoring legal certainty for those affected. Alternatively, the contentious-administrative appeal route could also be opened based on legitimate interest.
Thousands of applicants for international protection have been effectively made invisible under the new Regulation. If the rule is not amended, they are condemned to an endless wait in a legal no man’s land — and that, besides being inefficient, is profoundly unjust.
At Gestrámites , we have been defending the rights of migrants for more than 20 years. If this new regulation affects you, contact us: we will study your case with legal rigor and help you find the best possible path to regularization.