Regularization of Foreign Nationals in Spain 2026: Requirements, Deadlines and How to Apply After Its Publication in the BOE

15 Abril, 2026

It is now official: Spain activates a new regularization for foreign nationals in an irregular situation

It is now official. Spain has published in the Official State Gazette the Royal Decree 316/2026, of April 14, which introduces a new extraordinary pathway to regularize the situation of thousands of foreign nationals already residing in the country.

This is a measure with a major impact which, according to official estimates, could benefit hundreds of thousands of people. However, it is essential to understand a key reality: it is not an automatic regularization, but a procedure with specific requirements, fixed deadlines and strict conditions.

The regulation was published on April 15, 2026 and enters into force on April 16, 2026, opening a limited window to apply for these new authorizations.

What exactly has been approved?

The Royal Decree introduces two new pathways within the Immigration Regulations:

An authorization for applicants for international protection (asylum).
A new type of extraordinary residency by ties (arraigo).

Both pathways are exceptional and can only be applied for until June 30, 2026.

From Aray Asociados we remind that this is a one-off measure, not structural, so those who do not act within the deadline will lose this opportunity.

Who is this regularization aimed at?

1. Applicants for international protection

Aimed at individuals who:

Applied for asylum before January 1, 2026.
Are in Spain.
Do not have another residence authorization.
Meet security and background requirements.

2. Extraordinary residency by ties (arraigo extraordinario)

Aimed at foreign nationals who:

Were in Spain before January 1, 2026.
Are in an irregular situation.
Do not have a valid or pending authorization.

Additionally, they must prove at least one of the following situations:

Having worked or having a job offer.
Having family ties in Spain.
Being in a proven vulnerable situation.

General requirements

For both pathways, the key requirements are:

Being in Spain at the time of the application.
Not having a valid residence or stay authorization.
Not being in the process of renewing or modifying another authorization.
Proving residence in Spain.
Having no relevant criminal record.
Not posing a risk to public order or security.

An important point: cancelable criminal records will not prevent access, which opens the door to many cases that were previously automatically excluded.

Required documentation

The basic documentation includes:

Full passport (even if expired).
Criminal record certificate from the country of origin and countries of residence for the last 5 years.
Proof of residence in Spain.

In the case of extraordinary residency by ties, additionally:

Documentation proving work, job offer or economic activity.
Proof of family ties.
Vulnerability report (if applicable).

This is where most applications fail: the law is not the complicated part, proving what the law requires is.

Application procedure

The application may be submitted:

In person.
Online.
Through a legal representative.

It will be processed at:

Immigration Offices.
Social Security Offices.
Authorized offices (including the postal service).

The procedure will be specific and expedited, managed by the Immigration Processing Unit.

Key deadlines

Start: April 16, 2026
End of applications: June 30, 2026
Decision: up to 3 months
Administrative silence: negative

This means something very clear: there is no room for errors or delays.

Can you work while the application is being processed?

Yes.

One of the most relevant aspects of this reform is that:

👉 From the moment the application is submitted, the applicant is provisionally authorized to reside and work in Spain.

This includes:

Employment.
Self-employment.
No limitation by sector or territory.

But be careful: if the application is denied, this authorization automatically disappears.

Duration of the authorization

The granted authorization will have a duration of:

👉 1 year

During this time, the foreign national will be able to work and reside legally in Spain.

Afterwards, they must modify their status to a standard authorization.

Critical aspects that many will overlook

This is where most people make mistakes:

It is not an automatic regularization.
Not everyone can access it.
It is not enough to simply submit the application.
Documentation errors can leave you out.
In some cases (asylum), it requires renouncing ongoing procedures.

From our experience, these types of processes generate a flood of poorly prepared applications. And that has consequences.

Frequently Asked Questions (FAQ)

Does this automatically regularize any foreign national?

No. It requires meeting specific requirements and providing sufficient proof.

Can I apply if I already have residency?

No. It is exclusively for individuals without authorization.

Do I need a work contract?

Not necessarily. You can also qualify through family ties or vulnerability.

Where is the application submitted?

At authorized offices or online.

Until when can I apply?

Until June 30, 2026.

What happens if I have an expulsion order?

If the authorization is granted, the procedure may be archived.

Conclusion: real opportunity, but not for improvisation

This regularization opens an important door for many people who have spent years in Spain without being able to regularize their situation.

But it is not a simple or automatic process.

From Aray Asociados, we have seen how, in similar processes, errors in strategy or documentation end up excluding people who actually had the right to apply.

Do you need help with your case?

If you believe you may benefit from this new regularization, the next step is not to apply blindly.

The correct step is to analyze your case in detail.

At Aray Asociados Lawyers · Advisers, we offer you the possibility to book a consultation with one of our immigration lawyers or specialists, where we will assess your situation and design the best strategy for your application.

All of this with the standards of quality and legal rigor that characterize our firm.

Official sources

BOE – Royal Decree 316/2026, of April 14 https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-8284

Government of Spain – Questions and answers document on the regularization https://www.lamoncloa.gob.es/serviciosdeprensa/notasprensa/inclusion/Documents/2026/280126-preguntas-y-respuestas-regularizacion.pdf