Extraordinary regularisation 2026 in Spain: what is known, who is eligible, and what you should do now

Updated 17 March 2026 | intercultural.info

On 27 January 2026, the Spanish Government announced the commencement of proceedings for an extraordinary regularisation of foreign nationals already residing in Spain. Since then, there have been notable developments —a second draft, an official register of collaborating entities, informational assemblies throughout the country— yet the definitive text has not been formally adopted.

In this article, we explain what is currently known, what remains to be confirmed, and what you can do now to prepare.

What is this regularisation?

It is an exceptional and temporary procedure that will permit foreign nationals in an irregular administrative situation to obtain a residence and work permit. The Government estimates that approximately 500,000 persons may benefit. The measure is being implemented via a Royal Decree under urgent proceedings, without the necessity of parliamentary approval.

Who is eligible to apply?

The draft contemplates two pathways of access. The definitive text may introduce modifications.

Pathway 1: If you applied for asylum before 1 January 2026

You may avail yourself of this regularisation even if your application was refused or remains pending. You are not required to renounce your asylum procedure: submitting this application will temporarily suspend your international protection proceedings until a determination is reached.

Pathway 2: If you are in an irregular situation and did not apply for asylum

You must satisfy the general requirements (detailed below) and additionally demonstrate at least one of the following circumstances:

1. Employment: having been employed for a minimum of 90 days or possessing a contract of employment.
2. Family: residing in Spain with minor children, adult children with a disability, or direct ascendants.
3. Vulnerability: a situation certified by social services or by an entity registered in the Register of Collaborating Entities for Immigration Affairs (Registro de Colaboradores de Extranjería).

According to the draft, persons who already hold a valid residence or stay permit —including students or non-lucrative residents— would not be eligible for this pathway. This may change in the definitive text.

Principal requirements

• Presence in Spain before 1 January 2026. This may be evidenced by any document bearing your name and a date: a passport with an entry stamp, a rental contract, invoices, medical reports, municipal registration (empadronamiento), receipts for money transfers, and similar documentation.
• A minimum of 5 months of uninterrupted presence in Spain at the time of application. The draft employs the term ‘ininterrumpida’ (uninterrupted), signifying that no departure from the country is permitted during that period. The definitive text will clarify whether this criterion is maintained or relaxed.
• No criminal record in Spain or in the countries of residence during the preceding five years. The criminal record certificate from your country of origin must be provided, duly apostilled and translated. If you have resided in Spain for more than five years and can demonstrate this —preferably with the historical municipal registration certificate (empadronamiento histórico)— you may not be required to provide it under the draft. A sworn declaration (declaración jurada) may also be accepted as an alternative. This likewise awaits confirmation in the definitive text.
• Not representing a threat to public order and not being subject to a prohibition of entry into Spain.

What will you obtain?

A residence and work permit valid for one year, applicable to any sector and geographical area. From the moment the Administration admits your application for processing —expected within approximately 15 days— you will be authorised to work lawfully. For your minor children, the envisaged permit is for five years. After the first year, renewal must be effected through the ordinary channels as specified in the Immigration Regulations (Reglamento de Extranjería).

When?

The deadline for submitting applications is 30 June 2026. The commencement date depends on when the Royal Decree is published in the BOE. According to various trade union and migration sector sources, the text has not yet reached the Council of State, rendering it probable that applications may be submitted from mid-April onwards. The effective window for action will constitute approximately two and a half months.

Who can assist you?

The Government has established a Register of Collaborating Entities for Immigration Affairs (Registro de Entidades Colaboradoras de Extranjería, published in the BOE on 5 March 2026), enabling registered trade unions and NGOs to assist applicants. Several organisations are already conducting informational assemblies throughout Spain.

Caution: instances of fraud and exploitation targeting migrants are already being detected, even before the process has commenced. Do not pay anyone who promises to ‘reserve a place or an appointment’ for you, and do not place reliance upon unverified information.

What to do now

1. Compile all documentation that evidences your presence in Spain before 1 January 2026. Organise the documents chronologically in a folder.
2. Ensure you are registered on the municipal census (empadronamiento). It is free of charge and your administrative situation is immaterial.
3. Request the criminal record certificate from your country of origin. This requires time, and the certificate must be apostilled and translated. If you have resided in Spain for more than five years and can demonstrate this, you may not be required to provide it under the draft.
4. If you are able to avoid doing so, until it is confirmed whether presence must be ‘uninterrupted’.
5. If you have an arraigo application pending, do not withdraw it. The draft indicates that prior applications shall be determined under the legislation currently in force.
6. Consult only reliable sources: the website of the Ministry of Inclusion (www.inclusion.gob.es), La Moncloa (www.lamoncloa.gob.es), and organisations such as CEAR (www.cear.es), Red Cross (www.cruzroja.es), Accem (www.accem.es) or Red Acoge (www.redacoge.org). Several autonomous communities and municipalities provide free assistance services for migrants. You may also seek information from registered (colegiado) professional firms.

What remains unknown

• The precise commencement date for the application period.
• Whether the three access categories (employment, family, vulnerability) will be maintained as stated in the definitive text.
• The application form and the submission channel.
• Whether the requirement for ‘uninterrupted’ presence will be maintained or relaxed.

In summary

This regularisation constitutes a genuine opportunity, yet it is not automatic, not available to everyone, and the deadline is exceedingly brief. The most prudent course of action is to commence preparation now. At intercultural.info we shall continue to monitor the process closely and explain each step as it becomes official.