Extraordinary Regularisation in Spain: Key Points of the Proposal

The Council of Ministers on Tuesday, 27 January 2026, began, by approving the draft legislation, the processing of an extraordinary regularisation of people in an irregular situation in our country. Until the 9th of February 2026, this document is in the process of public hearing. It is estimated that between the end of February and the beginning of March, the definitive version will be approved, which may contain modifications in the text, and subsequently, it will be published in the BOE and come into force immediately. 

Next, we will shed some light on what the current text of the proposal says about how and when you should apply for regularisation, as well as what documentation you must provide in this regard. 

According to the text of the proposal, which may still be subject to modification, in a reform of the Immigration Regulation 1155/2024, which came into force last year, amending a “fifth transitional provision” and adding a “sixth transitional provision.” 

• The “fifth transitional provision” is exclusively reserved for those individuals in an irregular situation who are applicants for international protection.

• The “sixth transitional provision” is exclusively reserved for people in an irregular situation who are not applicants for international protection.

We will see that both have many points in common. Starting by explaining the one that may be most applicable to the majority of people in an irregular situation, which is the assumption of not being an applicant for international protection. Next, we will highlight those details that are different for individuals in an irregular situation who are indeed applicants for international protection.

🛂 People in Irregular Situations

We will see what is required for those foreigners in irregular situations, not applicants for international protection. This will be named residency for unique exceptional circumstances.

📌 What does this authorisation consist of?

This authorisation allows you to reside and work in Spain for a period of one year. That is, once the application for authorisation is admitted for processing and until the procedure is resolved, the interested party will have, provisionally, a work and residence authorisation for employees and self-employment.

Therefore, from the moment the file is admitted for processing, the interested party can work, provisionally, throughout the national territory and in any occupation or sector of activity given that they are of working age. This will happen in a maximum of 15 days after the submission of the application.

⏭️ What type of authorisation can you apply for after a year?

After a year, you must either modify or extend your authorisation, depending on your situation: 

• Preferably, you should apply for a modification to another authorisation, provided that you meet its requirements as set out in the Immigration Regulation (Reglamento de Extranjería).

• Subsidiarily, if you cannot modify your authorisation due to not meeting the requirements (for example, due to not having a work contract), you must apply for a renewal of the same one.

🎯 Who is it for?

It is for all foreigners who were in Spain before the 31st of December 2025. Although it does not explicitly state it, the law implies that it is not necessary to have been in an irregular situation since that date, but rather if you have subsequently fallen into an irregular situation, if at the time of starting the application you have been in Spain for the stipulated period, as detailed below, the law will also apply. This means that you could have been in a regular situation, whether with a tourist visa or a student permit, before the 31st of December 2025, and subsequently find yourself in an irregular situation at the time of starting the application.

📋 What requirements must be met?

The following requirements must be met:

1. Have continuously resided in Spain for at least 5 months at the time of application.

2. Lack a criminal record in Spain and in the countries where you have resided during the last five years.

3. Not pose a threat to public order, security, or public health. 

4. Not be prohibited from entering Spain and not have an entry ban in the Schengen area.

5. Not be within the timeframe of commitment not to return to Spain that the foreign national has assumed by voluntarily returning to their country of origin.

6. Have paid the processing fee for the authorisation. 

➕ Other additional requirements…

The law requires, a priori, compliance with at least one of the following additional requirements (but don't worry because there's a catch):

1. Have worked during your stay in Spain or provide a work contract.

2. Being in Spain along with your family unit, provided that it consists of:

   1. Children who are enrolled or pursuing academic studies, or

   2. Children over the age of majority who have a disability requiring support or who are not objectively capable of providing for their own needs.

3. Being in a vulnerable situation, accredited by a) competent entities in social assistance or b) third sector entities registered in the Electronic Register of Foreigners Collaborators. However, there’s a catch because the same proposal states that it will be assumed that there is vulnerability when individuals are in an irregular administrative status in Spanish territory. This requirement does not need to be proven; the immigration offices are aware of this condition/situation.

As you will see, the “catch” here is that, with the third assumption, it is deemed that all individuals in irregular situations are in a vulnerable situation, therefore, merely being in this situation suffices to meet the requirement.

🗓️ When can you apply?

You can apply from 1st of April 2026 until the 30th of June 2026. There are only three months to take advantage of this measure. 

❌ What happens to the work authorisation if, ultimately, the application is denied?

The rejection of the application will result in the automatic loss of the validity of the provisional work authorisation.

🚪 What happens if I have an ongoing expulsion procedure or a firm expulsion order?

First step: Suspension of the expulsion procedure or order (once the authorisation application has been submitted)

Don’t worry, if you have an ongoing expulsion procedure or have already received the expulsion order from Spanish territory, once you submit the application for the authorisation, the expulsion procedure or order will be suspended. For this, the expulsion procedure or expulsion order must be based on:

1. Being irregularly in Spanish territory.

2. Being employed in Spain without authorisation (and without residence as well).

Second step: Closing of the file of the procedure or expulsion order (once the authorisation is granted) 

If the authorisation application is granted, the expulsion procedure will be filed or the expulsion order will be revoked. If the authorisation application is denied, the expulsion procedure will continue or the enforceability of the expulsion order will be confirmed.

↔️ What happens if I have another application in process?

If you have another authorisation in process, you can also submit this authorisation while you are awaiting the resolution of the previous application. In fact, the submission of this new application will be processed with priority and will result in the suspension (with time limit suspension) of the processing of the previous application. 

• If the new application is granted: The previous application will be filed. 

• If the new application is denied: The previous application will continue its course. 

⏳ What is the resolution time frame?

Although the text proposal does not indicate this, we assume, based on the provisions in the Immigration Regulation 1155/2024 and what was announced in the Government's press release, that the resolution period will be three months, and, in principle, there will be an explicit resolution of granting/rejection of the application. That is, the deadline would be the same as for social arraigo.

🪪 If I am granted the authorisation, do I need to apply for a TIE? 

Yes, indeed. Within one month of receiving the authorisation approval, you will need to apply for a Foreigner Identification Card (TIE). Below, we provide you with the link to another entry on our blog titled How to Successfully Book an Immigration Appointment (Without Losing Your Mind). 

👦🏽 What happens with children/minors?

If you have children, whether minors or adults with disabilities and/or who are not objectively capable of providing for their own needs due to their health condition, they can be regularised through two types of authorisations, depending on their situation, which they can apply for simultaneously along with the parents': 

Temporary residence authorisation for accompanied foreign minors born in Spain

• Only for the case of minors born in Spanish territory.

• This authorisation is currently regulated in art. 159 of Immigration Regulation 1155/2024. 

• The proposed modification requests the exemption from the requirement regarding the six-month period from the birth of the minor to apply for this authorisation.

• In this way, the door will remain open for applying for this authorisation for all minors under 18 years in irregular situations born in Spain, regardless of the time since their birth. 

Residence authorisation for the accompanied minor or person with a disability not born in Spain

• Only for the case of minors born abroad.

• This authorisation is currently regulated in art. 160 of Immigration Regulation 1155/2024.

• The proposed modification requests the exemption from the requirements regarding the two-year prior stay in Spain and that the parents/guardians must demonstrate economic means and housing.

• The result would be an extension and broadening of the persons who could benefit. Thus, any minor under 18 years born outside Spain can regularise, irrespective of the time of stay in Spain and without needing to prove economic means and housing by their guardians. 

In these cases, to protect the minor, authorisation will be granted for a period of 5 years, so that it does not depend directly on the administrative situation of their parent. 

🧓🏼 What happens with ascendants?

According to the text of the proposal, ascendants in irregular situations will also be granted the same opportunity to apply for regularisation through the figure of authorisation for unique exceptional circumstances, which we are detailing in this post. 

🕊️ Persons Applying for International Protection

In this case, basically the same applies. However, there are small nuances that make it slightly different…

📌 What authorisation is it? 

It is called authorisation of residence for exceptional circumstances due to social roots (arraigo).

Unlike the previous authorisation (designed for individuals in irregular situations who are not applicants for international protection), the bill proposal does not specify the validity that this authorisation will have. However, due to the nature of the authorisation, being named social arraigo, we understand that it applies for the same duration, that is, one year. 

For foreign individuals who have submitted an application for international protection before 31 December 2025.

📋 What requirements must be met? 

The same as in the previous section relating to people who are in irregular situations, except for the required period of residence. In this case applicants for international protection must only prove that they are in Spain, with the requirement of having remained in Spain for a minimum period of 5 months not applying. The other requirements apply equally.

There are no other additional requirements in this case. 

🗓️ When can you apply?

You can apply from 1 April 2026 until 30 June 2026. There are only three months to take advantage of this measure, just like the previous case. 

🛡️ When is a person considered an applicant for international protection?

Here is where the famous “white paper” comes into play. From the moment the interested party at the border requests international protection, and once they are given the justification for the request, that is, the white receipt, they will be considered an applicant. If you have not entered through a border check, after the interview at the Asylum and Refuge Office, a white receipt is also handed over confirming that the interview has been conducted, thus making the interested party an applicant for international protection.

However, given the difficulty in obtaining appointments, a ruling from the Supreme Court (STS 484/2021, of 25 March), determined that this constitutes a lack of protection and that a person is considered an applicant if they have expressed their willingness to request it. Thus, it is quite likely that, by having simply contacted the authority, calling or requesting an appointment online, expressing the desire to apply for asylum, and having obtained the document of “Declaration of Intent to Submit the Request for International Protection,” you can demonstrate the status of being an applicant for international protection.

This case also includes individuals who are in a situation of international protection admitted for processing and hold the red card that certifies this situation.

👪 What happens with the relatives of foreigners in irregular situations who are applicants for international protection?

According to the proposal, the relatives of applicants for international protection who are in Spain may apply for a residence authorisation for exceptional circumstances due to social roots (arraigo), regulated in art. 127 of Royal Decree 1155/2024, which approves the Immigration Regulation. Provided that the requirements of art. 126 are met (with exemptions from section a and b), that is: 

• Not posing a threat to public order, security, or public health.

• Lacking a criminal record in Spain and in the countries where they have resided during the five years prior to the date of entry to Spain for crimes provided for in the Spanish legal system.

• Not being classified as objectionable in the territorial space of countries with which Spain has signed an agreement in this regard.

• If applicable, not being within the timeframe of commitment of no return to Spain.

• Having paid the fee for the processing of the procedure.

And also meeting the requirements of section 127c, that is: 

• Existing family ties with other foreigners in Spain. They can be spouse or registered partner and first-degree relatives in a direct line (parents/children). 

• That those relatives have the economic means that represent, at least, 100% IPREM, available in Spain, to support their relative.

📑 What documents will they ask me for and can I start preparing now? 

You will be asked for two fundamental documents: 

• Certificate of criminal records from the countries where you have resided for the last five years. Remember that you can request these both in the country of origin/residence (there are some countries that offer to do the process online) or at the diplomatic missions or consular offices of those countries in Spain. It is also important to keep in mind that they must be legalised and translated, if applicable. Below, we leave you the link to our webpage about the methods of legalisation/translation of documents that are existing and valid. 

The text proposes that if the interested party proves that they have requested the certificate of criminal records from their country of origin/residence (it is very important to keep the request receipt), and within one month, they have not received a response, they may apply for the authorisation providing the request receipt for the certificate, so that the Spanish authorities can ask for the information directly from the country of origin. If after one month, the Spanish administration has not received a response, they will notify the interested party, and they can sign an affidavit stating the absence of criminal records. 

If you have cancellable criminal records, we recommend that you start the cancellation process as soon as possible. The text of the draft legislation mentions that the Administration may automatically proceed to cancel your criminal records for you before deciding on the authorisation. However, we recommend that you do not be overconfident and that if you can, you should do it yourself. You can check our blog entry on criminal records that contains a section on how they can be cancelled.

• Documentation regarding your stay in Spain before 31 December and, at a minimum, 5 months at the time of application. This requirement can be demonstrated: 

  • Certificate of municipal registration (empadronamiento) (the document par excellence). 

  • Issuance of Foreigner Identification Number (NIE). 

  • Medical reports and/or medical visits to the CAP or emergencies. 

  • Police complaints or procedures. 

  • Request for assistance / social services reports. 

  • Documentation from educational centres. 

  • Money transfers to the country of origin.

  • Housing or room rental contracts. 

  • Receipts or invoices for services such as electricity, water, gas, internet, mobile phone. 

  • Library card, gym memberships, sports clubs, among others.

There is a third document, depending on whether the authorisation is requested as a family unit:

• Birth or marriage certificate to demonstrate the family ties with other relatives (children, mothers, and fathers) in the event that you wish to apply simultaneously for their regularisation. In this case, you must ensure that they are duly legalised and translated if they are not in Spanish. Below, we leave you the link to our webpage about the methods of legalisation/translation of documents that are existing and valid.

📊 Summary table