On **27 January 2026**, the Spanish Council of Ministers agreed to urgently process a Royal Decree for an **extraordinary regularisation** of foreign nationals already residing in Spain. The Official State Gazette (BOE) of 30 January published the instrument enabling this process (BOE-A-2026-2142).
Scope of the process
This is the first extraordinary regularisation in Spain since 2005. The process is aimed at foreign nationals who have been present in Spanish territory but have fallen outside the ordinary regularisation channels (social, labour, family or training arraigo), including:
- People with pending or refused international protection applications.
- People who were unable to access the various arraigo routes provided in the Foreigners Regulations.
- Children under 18 who are the children of applicants and are currently in Spain.
Main requirements
- Prior residence: demonstrate at least 5 months of continuous presence in Spain before 31 December 2025.
- No criminal record: no criminal record in Spain or in any country of prior residence during the last 5 years.
- Not an EU/EEA citizen and no current valid residence authorisation.
- Not subject to an enforceable expulsion order.
Evidence of residence
The 5-month residence requirement can be established through:
- Municipal census registration (empadronamiento).
- Records of public services attendance (healthcare, social services).
- Administrative documentation demonstrating presence (dealings with public authorities).
- Any other means admissible under Spanish law.
Procedure and timetable
| Phase | Estimated date |
|---|---|
| Royal Decree approved by Council of Ministers | March 2026 |
| Application window opens | April 2026 |
| Application window closes | 30 June 2026 |
| Resolution of applications | 6–9 months from application date |
Effects of admission to processing
The mere admission to processing of the application allows the foreign national to work provisionally in any sector and location in Spain, without waiting for the final resolution. This is operationally significant: companies can hire an applicant immediately once their application is accepted for processing.
Authorisation granted
- Initial duration: 1 year.
- After that year, beneficiaries must transfer to the ordinary routes of the Foreigners Regulations (renewal of residence and work authorisation).
- Minors: children under 18 will receive a 5-year authorisation.
Second draft: significant changes
The Government published a second draft of the Royal Decree with significant changes compared to the initial text:
- Expansion of the accepted means of evidence for demonstrating residence.
- Participation of NGOs and trade unions as accredited collaborators who can manage applications on behalf of applicants (Orden ISM/164/2026 — Electronic Register of Immigration Collaborators).
- Simplification of the procedure for accompanying minors.
The accredited collaborator mechanism means that registered legal and social organisations can represent applicants in the full process, which may be particularly relevant for applicants who have difficulty navigating the administrative procedure independently.
Implications for companies
Companies that employ or wish to employ people in an irregular administrative situation must consider:
- Provisional employment: once the application is admitted to processing, the worker can be hired legally.
- Social Security obligations: registration and contribution are required from the first day of work. The admission to processing does not retroactively regularise prior periods of irregular employment.
- Labour Inspectorate: the regularisation process does not exempt employers from liability for previous periods of irregular employment. Companies that have been employing irregular workers should seek legal advice on their exposure.
- Sectors with labour demand: agriculture, hospitality, construction and domestic services are expected to be significantly affected by the regularisation.
Comparison with ordinary residence routes
For those not eligible for the extraordinary process, or who prefer a more permanent route, Spain offers the following ordinary regularisation paths:
| Route | Minimum residence | Work authorisation |
|---|---|---|
| Social arraigo | 3 years | Yes (simultaneous) |
| Labour arraigo | 2 years + employment offer | Yes |
| Family arraigo | 2 years + family ties | Yes |
| Training arraigo | 2 years + training programme | Yes |
| Extraordinary regularisation 2026 | 5 months | Yes (from admission) |
The extraordinary process is significantly more accessible than any ordinary route, which accounts for the very high expected demand.
Recommendations
For foreign nationals:
- Gather residence documentation (municipal registration certificates, medical records, administrative documents) before the application window opens.
- Request an appointment as soon as the window opens — demand is expected to be very high.
- If using an NGO or trade union collaborator, verify they are registered with the Electronic Register of Immigration Collaborators.
For companies:
- Identify employees who may be eligible for the process.
- Prepare employment contracts to formalise the employment relationship once the application is admitted to processing.
- Ensure Social Security registrations are made from the first day of legal work.
- Take legal advice on historic exposure for periods of irregular employment.
For advisers:
- Register with the Electronic Register of Immigration Collaborators (Orden ISM/164/2026) if acting on behalf of applicants.
- Coordinate the regularisation application with any pending tax residency or NIE registration requirements.
BMC has a specialist immigration and foreigners law team to accompany both individuals and companies through this process. Learn about our immigration services.
