Spain's 2026 Regularization Law: Who Qualifies and How to Apply

On January 27, 2026, Spain's Council of Ministers approved a Royal Decree-Law creating a fast-track path to legal residence for foreign nationals already living in the country without documentation. It's the first mass regularization program since 2005, and initial estimates suggest it could benefit up to 500,000 people.

This guide covers who qualifies, what documents you'll need, the key dates, and what this means if you're already on a visa in Spain.

What Is the Regularization?

The regularización extraordinaria is a government program that allows undocumented foreign nationals in Spain to apply for a one-year residence and work permit. Once approved, holders transition into the regular immigration system for renewals.

The measure was approved via Royal Decree — bypassing the parliamentary process — after a Popular Legislative Initiative (ILP) backed by over 700,000 citizen signatures stalled in Congress throughout 2024 and 2025.

Who Qualifies?

To be eligible, you must meet all of the baseline requirements plus at least one additional pathway.

Baseline Requirements

1. Present in Spain before December 31, 2025 — you must have been living in Spain before this cutoff.
2. At least five months of continuous residence — documented presence for five consecutive months before the cutoff.
3. No relevant criminal record — in Spain or your country of origin. Administrative fines for irregular stay do not count.
4. Not a threat to public order, national security, or public health.
5. No active entry ban or return order from Spain or the EU.

Additional Pathways (Must Meet at Least One)

• Employment: You can show proof of having worked in Spain or hold a new employment contract.
• Family unity: You live with school-age children, dependent adult children, or first-degree family members in Spain.
• Vulnerability: You are in a situation of social vulnerability. The government has stated that vulnerability will be presumed for anyone in an irregular administrative situation — making this pathway broadly accessible.

Asylum seekers who filed an application for international protection before December 31, 2025, can apply through an exceptional roots pathway (arraigo excepcional).

What Documents Do You Need?

Based on government announcements and guidance from immigration lawyers, prepare the following:

• Complete passport (all pages) or valid identification.
• Proof of residence before December 31, 2025 — acceptable evidence includes:
  • Padrón municipal (empadronamiento) or historical padrón certificate.
  • Plane ticket or passport with entry stamp.
  • Utility contracts or invoices in your name.
  • Rental contract.
  • Medical appointment records.
  • Money transfer receipts.
  • Transport card top-ups (metro/bus recharges).
• Criminal record certificates from Spain and your country of origin — must be apostilled and translated, typically valid for three months.
• Application form EX-10.
• Proof of fee payment — the exact fee has not been confirmed; standard immigration fees range from approximately €10–80.

If applying through the family unity pathway, you'll also need birth certificates, partnership certificates, or children's documents. If applying through employment, bring your work contract or proof of employment.

Key Dates

| Date | What Happens | | :---------------- | :------------------------------------------------------ | | January 27, 2026 | Council of Ministers approves the Royal Decree-Law | | February–March 2026 | Final processing and BOE publication | | Early April 2026 | Application period expected to open | | June 30, 2026 | Application deadline |

Once your application is admitted for processing (reportedly within about 15 days of submission), you receive a provisional work and residence authorization. Any ongoing expulsion or return procedures are suspended at that point.

The initial permit is valid for one year. After that, you must transition into the ordinary immigration system for renewal.

What About People on Expiring Visas?

This is the question many expats are asking, and the answer requires careful thought.

The regularization is designed for people in an irregular administrative situation — undocumented residents, overstayers, or people who never had legal status. If you currently hold a valid HQP visa, student visa, Digital Nomad Visa, or other permit, this program is not aimed at you. Standard renewal or modification pathways remain the right route.

That said, there are edge cases:

• If your visa has already expired and you are now in an irregular situation, you may qualify — provided you meet the five-month residency and other requirements.
• If your visa will expire before the application window, you could potentially become eligible.

Common Misconceptions

"This is a blanket amnesty with no conditions." There are specific eligibility criteria: the December 2025 cutoff, five-month residency requirement, criminal record checks, and additional pathway requirements.

"Anyone can just show up and apply." You must have been physically present and living in Spain for at least five months before the cutoff date, with documentary proof.

"This grants permanent residency." The initial permit is valid for one year only. Renewal follows standard immigration procedures.

"The rules are final." As of early February 2026, the full Royal Decree text has not been published in the BOE. Final rules may differ from what has been announced.

Political Context

The measure has political support from the governing PSOE, Podemos, and Sumar, but faces opposition. Vox has announced plans to challenge the decree in court, and PP leader Alberto Núñez Feijóo has warned about pressure on housing and public services.

Legal scholars note that Spain has conducted multiple regularization programs since 1986, under both conservative and socialist governments. The 2005 program under Zapatero regularized approximately 700,000 people, and academic research found it led to higher tax revenues and improved labor market outcomes.

What to Do This Week

1. Check if you qualify — review the baseline requirements and additional pathways above.
2. Start gathering documents — especially criminal record certificates from your home country, which take the longest.
3. Register on the padrón if you haven't already — this is the strongest proof of residence.
4. Consult an immigration lawyer (abogado de extranjería) if your situation is complex.
5. Watch the BOE for the final published text — the details may change.
6. Do not make assumptions about edge cases or let a valid visa expire without professional advice.