Spain’s Historic 2026 Regularisation: Legal Status for 500,000 Undocumented Migrants

In a historic move on January 27, 2026, the Spanish Council of Ministers authorized an extraordinary regularisation process that will grant legal residency and work permits to an estimated 500,000 undocumented people currently living in Spain.

Unlike standard “Arraigo” (roots) pathways that usually require 2 or 3 years of residency, this 2026 Royal Decree is a limited-time “amnesty” designed to integrate workers into the formal economy. If you were in Spain before the end of 2025, you likely qualify.

Table of contents

• Core eligibility requirements
• The 5-month residency rule
• Application window and deadlines
• What the new permit allows
• Difference between this and Arraigo Social
• FAQs
• Related guides

Core eligibility requirements

To benefit from this extraordinary regularisation, applicants must meet three non-negotiable criteria:

1. Presence in Spain: You must prove you were already living in Spain (or had filed an asylum claim) before December 31, 2025.
2. Clean Criminal Record: You must provide certificates showing no serious criminal record in Spain or your country of origin for the last 5 years.
3. No EU Citizenship: This process is specifically for non-EU/EEA/Swiss nationals.

The 5-month residency rule

The 2026 decree requires a very short period of “continued residency.” At the moment you apply, you must be able to prove at least five months of continuous presence in Spain prior to the December 31, 2025 cutoff.

The most accepted proof is the Empadronamiento (census registration), but other “official traces” such as medical records, school enrollments for children, or previous asylum application receipts (even if denied) are valid.

Application window and deadlines

The process follows a strict timeline:

• Early April 2026: Online application portals are expected to open.
• June 30, 2026: The application window is scheduled to close.

This is a one-time window. Missing the June deadline means you must revert to the standard (and much slower) Arraigo procedures.

What the new permit allows

The permit granted through this process is highly flexible:

• Duration: Initially valid for 1 year.
• Work Authorization: It allows you to work “cuenta ajena” (for an employer) or “autónomo” (self-employed) in any sector and any province in Spain.
• Renewal: After the first year, it can be modified into a standard 4-year residence-and-work permit.

Difference between this and Arraigo Social

Many are confused between this decree and the standard Immigration Regulations.

• Arraigo Social: Requires 2 years of residency and a work contract. It is a permanent part of the law.
• 2026 Regularisation: Requires only 5 months of residency and is a temporary emergency measure.

FAQs

Can I apply if my asylum was denied? Yes. The decree specifically includes people with denied asylum as long as they were in Spain before Dec 31, 2025.

Do I need a job contract to apply? No. Unlike standard Arraigo, this initial permit is granted based on residency and lack of criminal records, allowing you to seek work after it is granted.

Related guides

• Digital Nomad Visa vs Non-Lucrative Visa
• Beckham Law Spain 2026 Guide

This guide is for informational purposes. The decree is entering public consultation now; book a call to prepare your documents before the April rush.

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