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On 14 April 2026, the Council of Ministers approved Royal Decree 316/2026, which amends the Immigration Regulations and introduces an extraordinary administrative regularisation process for migrants already residing in Spain. This is one of the most far-reaching immigration measures in recent years: it is estimated that up to 500,000 people may benefit.
This is not an automatic amnesty, nor a process without requirements. It is a regulated procedure with strict deadlines and specific conditions that must be met. If you believe you may qualify, act promptly: the application deadline is 30 June 2026 and no extension is planned.
Who Is It Aimed At?
The Royal Decree establishes two main regularisation pathways with different conditions but a shared rationale: to recognise the genuine ties of people who are already part of Spanish society.
Pathway A — Applicants for International Protection Individuals whose asylum application or appeal is pending resolution at the time the Royal Decree comes into force.
Pathway B — Persons in an Irregular Administrative Situation (Extraordinary Settlement) Foreign nationals in an irregular situation who were in Spain before 1 January 2026 and can demonstrate at least five months of uninterrupted stay.
General Requirements (Pathway B — Extraordinary Settlement)
To qualify for extraordinary regularisation on the basis of settlement, all of the following requirements must be met cumulatively:
Requirement 1
Legal Age and Presence in Spain
Be of legal age at the time of submitting the application and be physically present in Spain.
Requirement 2
Irregular Status
Not hold any valid stay or residence permit, not have any ongoing residence procedure in progress (initial applications, renewals, extensions, or modifications), and not hold a valid visa.
Requirement 3
Continuous Stay in Spain Since Before 1 January 2026
Demonstrate presence in Spain before 1 January 2026, with at least five months of uninterrupted stay up to the date of application.
Requirement 4
No Criminal Record
Have no criminal record in Spain or in the country of origin. Foreign criminal records must be provided with an apostille and translation, unless the applicant has been in Spain for more than five years.
In addition, one of the following three circumstances must be demonstrated:
- Employment tie: having worked as an employee or self-employed person during the stay in Spain, or demonstrating an intention to work through a job offer or a self-employment declaration of responsibility.
- Family unit with minors or dependants: living in Spain with minor children, adult children with a disability requiring support, or first-degree relatives in their care.
- Situation of vulnerability: certified by competent bodies (social services, recognised NGOs, or public bodies).
What Documents Prove Five Months of Stay?
The regulation is flexible regarding evidence: public or private documents may be submitted, or a combination of both, provided they contain identifying personal data and are dated. The most common include:
- Municipal registration certificate (empadronamiento).
- Passport with entry stamp or plane ticket.
- Utility bills, rental contract, or phone bills.
- Medical appointments, prescriptions, or healthcare records.
- Money transfers or bank statements with dates.
- Employment contracts or any other dated work-related document.
What Permit Is Granted?
From the moment the application is accepted for processing, the individual is provisionally authorised to live and work in any sector and location in the country. If the decision is favourable, a one-year renewable residence and work permit is granted, authorising employment as an employee or self-employed person throughout the national territory.
Who CANNOT Apply?
- Individuals who already hold a valid stay or residence permit (students, non-profit residents, job-seekers, etc.).
- Those with an ongoing immigration procedure in progress (initial application, renewal, extension, or modification).
- European Union citizens or family members with the right of EU residence.
- Those with unspent criminal convictions or who pose a threat to public order or security.
At this firm we are processing extraordinary regularisation applications. If you believe you meet the requirements or have questions about your specific situation, contact us as soon as possible: the deadline to submit your application is 30 June 2026.