Spain to Launch an Extraordinary Regularisation Process: Who Should Be Informed and What Should You Prepare?
5 Febrero, 2026
The Council of Ministers has approved the start of an extraordinary regularisation process aimed at foreign nationals already living in Spain, with the objective of guaranteeing rights and providing greater legal certainty to the migration system.
The Minister of Inclusion, Social Security and Migration, Elma Saiz, stated in a press briefing that this is:
“A long-prepared, well-discussed and necessary measure to address a reality that already exists in our streets, our companies and our society.”
This announcement has generated particular interest among people who have been living and working in Spain for years but whose administrative situation remains unstable.
Who is this extraordinary regularisation aimed at?
According to the official information available to date, the process is intended for:
- Foreign nationals who were already in Spain before 31 December 2025, and
- Who, at the time of submitting the application, can prove continuous residence of at least five months in Spain.
Such residence may be demonstrated through public or private documentation, or a combination of both.
👉 In the case of applicants for international protection (asylum), it will be sufficient that the asylum application was submitted before 31 December 2025, provided it can be proven.
Is this an automatic regularisation? Basic requirements
From a legal standpoint, it is important to clarify that this is not an automatic or indiscriminate regularisation. It is a procedure subject to compliance with, and proof of, specific legal requirements.
In addition to demonstrating residence, applicants must:
- Have no criminal record, and
- Not pose a threat to public order or public security.
The viability of each case will always depend on the applicant’s individual circumstances.
What type of permit will be granted and what rights does it include?
Applicants who meet the requirements and receive a favourable resolution will obtain An initial residence permit valid for one year.
After this period, individuals must transition into one of the ordinary residence categories provided for under the Immigration Regulations, allowing for stable and progressive integration into the system.
As the Minister has stated:
“The residence authorisation itself will allow the holder to work, from day one, in any sector and anywhere in Spain.”
This is especially relevant for those employed in sectors such as hospitality, tourism, catering and services.
Procedure and expected timelines
According to official information:
- The maximum processing time will be three months.
- Once the application is formally admitted (a step that must be resolved within 15 days), the applicant may begin working legally, without having to wait for the final decision.
It is expected that:
- Applications may be submitted at the beginning of April, once the Royal Decree is approved, and
- The process will remain open until 30 June 2026.
What situations does this measure aim to address?
This regularisation is designed mainly for people who:
- Have been living in Spain for a considerable period, but
- Have remained outside the ordinary channels of regularisation, including: o Individuals with pending or rejected asylum applications, o Situations that do not fall within any of the existing “arraigo” categories.
The measure applies generally and does not distinguish between nationalities, provided that the established requirements are met.
The family as a core element of integration
One of the pillars of the process is the protection of family unity.
- Minor children living with the applicant in Spain may be regularised simultaneously,
- Receiving a five-year residence permit.
This is particularly relevant for people living in Spain with their partner or family and seeking medium- to long-term stability.
A measure within a broader migration strategy
From a migration policy perspective, the Ministry has emphasised that this regularisation is not an isolated action, but part of a broader strategy aimed at promoting legal, safe and orderly migration.
The measure complements:
- The reform of the Immigration Regulations,
- Labour mobility mechanisms, and
- Integration and training policies.
The aim is to facilitate real integration into the system: formal employment, Social Security contributions, fulfilment of tax obligations and access to essential rights such as healthcare and education.
Professional warning from our firm
From a strictly legal and practical perspective, it is important to bear in mind that:
- The start of the legislative process does not imply immediate entry into force.
- The final Royal Decree will be required to define the procedure, required documentation and application criteria.
- Effective proof of residence in Spain and the administrative practice of the Immigration Offices will be decisive in each case.
For these reasons, we recommend exercising legal prudence and analysing each situation individually.
Should you consult a lawyer now?
A professional assessment may be advisable if you find yourself in any of the following situations:
- You work or have worked in hospitality, tourism, catering or services.
- You live in Spain with your partner or family and seek legal stability.
- You have previously attempted to regularise your situation without success.
- You have documentation that could help prove your residence in Spain.
Our firm can assist you in evaluating your situation, reviewing available documentation and advising you on the best strategy once the final legal framework is published.
Contact us for a personalised consultation based on rigorous legal analysis.
