On 27th January 2026, the Spanish Government announced a proposed Extraordinary Regularisation Process aimed at individuals currently residing in Spain without legal status. The measure is expected to be implemented through a Royal Decree amending the existing Immigration Regulation.
The draft text was published by the Ministry of Inclusion, Social Security and Migration on 28th January 2026 and remained open for public consultation until 6th February. Following the consultation period, relevant contributions will be reviewed and the draft will be submitted to various institutions for advisory reports. Once these steps are completed, the final text of the Royal Decree will be approved by the Council of Ministers and published in the Official State Gazette (BOE). The application period is expected to begin shortly thereafter, likely in early April 2026, and close on 30th June 2026.
Although the draft is still under consideration, it outlines the proposed eligibility criteria, procedural framework, and potential legal effects of the scheme.
Scope of the Regularisation
The proposed process would apply to individuals who were physically present in Spain before 31st December 2025.
In general terms, applicants would need to:
- Demonstrate at least five months of continuous residence in Spain, supported by public or private documentary evidence; and
- Provide evidence of the absence of a criminal record in Spain and in their country of origin.
In the case of individuals who have applied for international protection (asylum) before 31st December 2025, the draft refers to the date of the application as a relevant factor in the process.
The draft also allows certain family members—including minor children and, in some cases, spouses, registered partners, or parents—to submit applications simultaneously, subject to specific conditions.
Two Legal Pathways
The draft Royal Decree introduces two main residence routes under the extraordinary framework.
1. Regularisation for Applicants for International Protection
Individuals who applied for international protection before the cut-off date may apply for residence based on social integration (arraigo). Under the draft provisions:
- Minor children, or adult children with disabilities, may obtain temporary residence as accompanying family members without meeting standard residence thresholds.
- Certain close relatives may apply simultaneously, with some ordinary requirements relaxed.
2. Residence Permit for Exceptional Circumstances
A new temporary residence authorisation for “exceptional circumstances” would be available to individuals who:
- Were present in Spain before 31st December 2025;
- Have resided continuously in Spain for at least five months;
Meet at least one additional condition, such as:
- Having worked in Spain or holding a job offer;
- Living with a family unit in Spain (for example, school-age children or children with disabilities); or
- Being in a certified situation of vulnerability.
The draft indicates that individuals in an irregular administrative situation may be presumed to be in a situation of vulnerability for the purposes of this permit.
Rights and Duration
Residence permits granted under either pathway would:
- Be valid for one year;
- Authorise employment as either an employee or self-employed professional in any sector;
- Allow registration with the Spanish Social Security system;
- Enable tax contributions; and
- Provide access to public healthcare and education under the same conditions as other lawful residents.
The draft also states that these permits may be extended if the relevant conditions continue to be met and no alternative residence category is available under existing regulations.
Procedural Provisions
According to the draft, applications submitted under this extraordinary process would receive priority processing, and acceptance of an application for consideration would grant provisional authorisation to reside and work while the application is being processed.
Implementation and Next Steps
As of now, the Royal Decree remains in draft form and subject to potential modification. Once approved and published in the Official State Gazette (BOE), the regulation will formally establish the final requirements, procedural deadlines, and administrative criteria.
Given the limited application window currently envisaged, individuals who may fall within the scope of the measure are expected to prepare supporting documentation in advance.
For businesses operating in Spain, the measure may have practical implications in relation to workforce regularisation, compliance, and employment formalisation. Monitoring the final approved text will be essential in order to understand the definitive eligibility criteria and procedural obligations.
Further updates are expected following publication of the final Royal Decree.
Blog post written by Chamber Member, Klev&Vera International Law Firm.
