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CONTEXT: WHAT IS THE 2026 SPANISH EXTRAORDINARY MIGRATION REGULARIZATION?
Spain is preparing a possible extraordinary regularization process for migrants currently living in the country without legal residence status.
However, it is important to clarify that this measure has not yet been approved. The Spanish Government is currently processing the initiative through a draft Royal Decree, which is expected to be approved in early April 2026.
If approved, the measure would open a temporary and closed application period, expected to run from early April 2026 until 30 June 2026.
An extraordinary regularization process is a special administrative measure designed to allow migrants who are already living in Spain without legal status to obtain a temporary residence authorization under exceptional circumstances.
Unlike standard immigration procedures — which normally require applying for a visa from abroad — this type of process focuses on people already living in Spain who have not been able to regularize their situation through ordinary immigration routes.
Spain’s immigration system is generally governed by Organic Law 4/2000 on the rights and freedoms of foreign nationals in Spain, together with its implementing regulations.
The proposed extraordinary regularization is expected to be introduced through a Royal Decree modifying the current immigration regulations, as part of the Government’s response to the ongoing debate on migration regularization.
According to official communications from the Government, the objectives of the measure include:
- providing legal certainty for migrants already living in Spain
- improving social and labour integration
- reducing irregular employment
- allowing migrants to contribute legally to the Spanish economy
WHO CAN APPLY FOR MASS REGULARIZATION?
According to the information currently released by the Spanish Government and the draft regulation, the process would target migrants who were already living in Spain before 31 December 2025.
Applicants would need to meet several basic conditions.
Individuals currently in an irregular administrative situation
The regularization is intended for people who are currently living in Spain without a valid residence permit.
This includes individuals who:
- entered Spain legally but overstayed their visa
- entered Spain without authorization
- lost their legal status due to expired permits
Minimum period of stay in Spain
According to the draft versions of the regulation currently circulating, applicants will need to demonstrate that they were already present in Spain before a specific reference date established by the Government.
However, the exact cut-off date has not yet been definitively confirmed in the final regulation. Different preliminary drafts and discussions have referenced:
- 31 December 2025, or
- 1 January 2026
as the possible reference date for proving presence in Spain.
This means that applicants will likely need to demonstrate that they were already living in Spain before the beginning of 2026 and have remained in the country since then.
The final cut-off date will only be confirmed once the Royal Decree establishing the extraordinary regularization is officially approved and published.
Evidence of presence in Spain may include documents such as municipal registration certificates, medical records, transport tickets, administrative documents, or other official records.
No criminal record
Applicants must demonstrate that they do not have serious criminal convictions.
Authorities may check criminal records in:
- Spain
- the applicant’s country of origin
- countries where the applicant has previously resided
Registered address (empadronamiento) and proof of presence
Although the draft regulation does not establish a single mandatory document to prove residence in Spain, applicants will need to demonstrate that they have been physically present in Spain for at least five months before submitting the application for the extraordinary regularization.
In practice, this means that applicants will need to provide documentation showing that they have been living in Spain during that period.
Municipal registration (empadronamiento) may be one way to demonstrate residence, but it is not necessarily the only form of proof.
Other types of documents may also help demonstrate presence in Spain, depending on each individual case.
Examples may include:
- historical municipal registration certificates
- medical records issued in Spain
- public administration documents
- school registrations
- transport or travel documents
- other official documents showing presence in the country
The immigration authorities will evaluate the documentation provided to determine whether the applicant can demonstrate continuous presence in Spain during the required period.
Required Documentation
Although the draft regulation does not establish a single mandatory document to prove residence in Spain, applicants will need to demonstrate that they have been physically present in Spain for at least five months before submitting the application for the extraordinary regularization.
In practice, this means that applicants will need to provide documentation showing that they have been living in Spain during that period.
Municipal registration (empadronamiento) may be one way to demonstrate residence, but it is not necessarily the only form of proof.
Other types of documents may also help demonstrate presence in Spain, depending on each individual case.
Examples may include:
- historical municipal registration certificates
- medical records issued in Spain
- public administration documents
- school registrations
- transport or travel documents
- other official documents showing presence in the country
The immigration authorities will evaluate the documentation provided to determine whether the applicant can demonstrate continuous presence in Spain during the required period.
During extraordinary regularization processes it is common for some migrants to rely on informal intermediaries or people who do not have proper knowledge of Spanish immigration law.
Errors in the preparation or submission of an application may lead to rejection or the loss of the opportunity to obtain legal residence during the regularization period.
For this reason, it is advisable to seek assistance from qualified professionals, such as lawyers registered in Spain who specialize in immigration law, to ensure that the application is prepared correctly.