Updated 15 April 2026 | intercultural.info
Royal Decree 316/2026 on the extraordinary regularisation was published on 15 April 2026 in Spain’s Official Gazette (Boletín Oficial del Estado) and entered into force on 16 April. What had remained a draft for months is now an official regulation: foreign nationals residing in Spain without a valid residence permit, or who applied for asylum before 1 January 2026, may apply for a residence and work permit.
In this article we explain the confirmed requirements, the key dates and what you need to do to submit your application.
What is this regularisation?
It is an exceptional, time-limited process that enables foreign nationals without a valid residence permit to obtain a residence and work permit in Spain. The Government estimates that approximately 500,000 people may benefit. It has been approved by Royal Decree — without requiring parliamentary approval — and modifies the Immigration Regulations (Royal Decree 1155/2024) by introducing two new additional provisions.
Who is eligible?
The Royal Decree establishes two pathways:
Pathway 1: If you applied for asylum before 1 January 2026
You may apply for this regularisation even if your asylum claim has been refused or remains pending. You are not required to withdraw from the asylum procedure in order to apply: you will only need to withdraw your asylum application or appeal if you receive a favourable decision on the regularisation. You are considered an international protection applicant from the moment you expressed your intention to apply.
Pathway 2: If you are without a valid residence permit and did not apply for asylum
In addition to the general requirements (see below), you must demonstrate at least one of the following three circumstances:
- Employment: having been employed or self-employed during your time in Spain, or demonstrating the intention to work by presenting a job offer (a contract or combination of contracts exceeding 90 days in one year) or a responsible declaration of self-employed activity.
- Family ties: residing in Spain with minor children, adult children with a disability requiring support, or direct ascendants of the first degree.
- Vulnerability: a situation certified by means of a certificate — which may be downloaded from the regularisation portal — endorsed by social services or by an entity registered in the Registry of Immigration Collaborating Entities (RECEX). The regulation recognises that an irregular administrative situation, together with the personal, economic or social circumstances arising from it, may in itself constitute vulnerability.
Persons who already hold a valid residence or stay permit — or who have a pending application for authorisation — are not eligible. Nor are beneficiaries of temporary protection from Ukraine, who are covered by a separate procedure.
Main requirements
These are cumulative — you must satisfy all of them:
- You must have been present in Spain before 1 January 2026. This may be evidenced by any document bearing your name and a date: passport with an entry stamp, tenancy agreement, utility bills, medical reports, municipal registration (empadronamiento), remittance receipts, etc.
- You must have at least 5 months of uninterrupted presence in Spain at the time of submitting your application. The term «uninterrupted» is retained in the final text.
- You must have no criminal record in Spain or in the countries where you resided during the five years prior to your entry into Spain. You must provide the criminal record certificate from your country of origin. If you have requested it and have not received it within one month, you may submit a responsible declaration to that effect and authorise the Spanish authorities to obtain it through diplomatic channels. Expungable offences in Spain are not taken into consideration.
- You must not represent a threat to public order or be subject to an entry ban in Spain.
- You must pay the processing fee: €38.28.
What will you receive?
A one-year residence and work permit, valid for any sector and throughout Spain. From the moment the Administration notifies you that processing of your application has commenced, you will be provisionally authorised to work, both as an employee and on a self-employed basis. You will also receive a Social Security affiliation number and a health card. For your minor children, the residence authorisation is for five years.
After the first year, you will need to apply for a modification through the standard pathways provided in the Immigration Regulations. If you are unable to obtain a modification, it is possible to request an extension by demonstrating active employment-seeking.
The maximum period for a decision is three months. If the Administration does not issue a decision within that period, the application is deemed refused by administrative silence. Following a favourable decision, you have one month to apply for your Foreign National Identity Card (Tarjeta de Identidad de Extranjero — TIE) at the National Police.
When and where?
These are the key dates:
- 16 April: the online application channel opens (24 hours a day, 7 days a week) together with the appointment system for in-person attendance.
- 20 April: in-person service begins at designated offices, by appointment only.
- 30 June: application deadline. Non-extendable.
Applications may be submitted online (with a personal electronic certificate, through the Registry of Powers of Attorney, via a lawyer, a social affairs graduate or an administrative agent, or through entities registered in the Registry of Immigration Collaborating Entities) or in person, always by appointment, at designated Social Security offices, Correos (postal service) branches and certain immigration offices. Information will be available on the portal inclusion.gob.es/regularización from 16 April.
Appointments may be requested through the regularisation portal (with or without Cl@ve) or by telephone on 060 (service in Spanish, Monday to Friday from 09:30 to 14:00 and from 16:30 to 19:30).
Who can assist you?
The Registry of Immigration Collaborating Entities (RECEX — published in the Official Gazette on 5 March 2026) enables registered trade unions and NGOs to advise you free of charge and to submit applications on your behalf. Licensed professionals may also assist you: lawyers, social affairs graduates and administrative agents.
Important notice: cases of fraud and abuse are being detected. Nobody can «reserve a place or an appointment» for you before the system becomes operational tomorrow, 16 April. Do not pay anyone for procedures that are free of charge through collaborating entities. If you have any doubts, consult only official sources or recognised organisations.
What to do now
- Gather your documents: everything that evidences your presence in Spain before 1 January 2026 and during the past 5 months. Organise them by date.
- Ensure you are registered at your local council (empadronamiento). Municipal registration is not mandatory for the application, but it is an extremely useful document for evidencing your presence. It is free of charge and your administrative situation is irrelevant.
- Request your criminal record certificate from your country of origin if you do not already have one. If you have already requested it and have not received it within one month, the regulation provides a mechanism for the Spanish authorities to obtain it through diplomatic channels.
- Do not leave Spain until you have submitted your application. Your presence must be uninterrupted during the 5 months preceding the application.
- If you have a pending arraigo application, no additional action is required. The Royal Decree provides that arraigo applications submitted since May 2025 will be determined under the requirements of this regularisation.
- If you intend to submit your application online, you will need an electronic certificate. We explain how to obtain one here: Digital certificate for foreign nationals in Spain. If you do not have an electronic certificate, you may submit your application in person or through a representative.
- Consult only reliable sources: the portal inclusion.gob.es, La Moncloa, and organisations such as CEAR, Cruz Roja (Red Cross), Accem or Red Acoge.
Pending: the application form
The application form and the accompanying socio-occupational questionnaire will be available for download on the regularisation portal (inclusion.gob.es) from 16 April. As soon as they are published, we will update this article with direct links.
Summary
The regularisation is now official. The application window opens tomorrow, 16 April, and closes on 30 June — just over two months. It is not an automatic process: you must gather documents, satisfy the requirements and submit your application on time. But it represents a genuine opportunity for hundreds of thousands of people. At intercultural.info we will follow the process closely and explain every step.