Extraordinary regularization of foreigners in Spain in 2026: actual situation, requirements and consequences of the process

During the year 2026, Spain is embarking on one of the most relevant migration regularization processes of recent decades. El Gobierno has formally initiated the urgent transfer of one Extraordinary regularization directed to foreign people who reside in Spanish territory, with the stated objective of legally integrating consolidated situations and reducing the informal economy.

In this article we explain what exactly this regulation is, in which regulatory phase it actually occurs and what are the requirements which, until late, have been officially confirmed.

What is the extraordinaria regularization announced by the Government?

The Council of Ministers authorized on 27 January 2026 the urgent transfer of a Royal Decree to bring about an extraordinary regularization process of foreign people who live in Spain. The Executive has signaled that the medium aims to offer a legal path to people who form part of the social and economic reality of the country, favoring integration and access to labor and social rights in equal conditions.

According to the estimates made during the political and media debate, the process could potentially affect hundreds of thousands of people in irregular administrative situations residing in Spain.

If it is an exceptional measure, distinct from the ordinary accounting mechanisms foreseen in the foreign legislation, and whose aim is to regularize existing situations, do not encourage new entries.

Actual state of the legislative procedure

It is fundamental to clarify that, every day:

  • Regularization is not yet fully in force.
  • The Government has initiated the regulatory process through urgent proceedings.
  • The text has reached a public audience and continues its regulatory development before its definitive approval.

This means that some technical aspects may be implemented or modified in the final Royal Decree, although the essential elements of the system have been officially communicated.

From the European context, however, the medium is the subject of institutional debate, recording that the concession of residence permits is still a national competence, but must respect the Schengen mark and common European legislation.

How can I benefit from regularization?

By reading the official information published by the Ministry of Inclusion and the explanatory documents distributed so far, you will be able to participate in the process mainly from large groups:

a) Foreign persons in irregular situations

Aquellas que:

  • Se encontraran en España before December 31, 2025.
  • They can credit a minimum continuous stay in the country.

b) International protection solicitors

It will also be possible to access those who have applied for asylum before this same day, with specific rules regarding the requirement of permanence.

Main requirements confirmed now

Although the definitive text still needs to be revealed, the requirements that are currently considered consolidated are the following:

1. Presence in Spain before 31 December 2025

It will be necessary to demonstrate that the person you met in Spanish territory before this date by means of credit documentation (entry tickets, bills, official or private documents with certain certification, among others).

2. Minimum continuous duration

You will need to credit a continued existence of less five months previos a la solicitud.

3. Care of criminal antecedents

One of the central requirements will be no tener antecedentes penales neither in Spain nor in the countries where the solicitor previously resided, they must not represent a complaint to the public order.

4. Do not be prohibited from entering Spain

We will exclude persons subject to current entry or return bans.

5. Presentation inside the established plaza

The current forecasts point to a limited solicitation period, which could begin in 2026 and be finalized by the Redeemer on the 30th of June of the same year, although the final date will depend on the approval of the regulatory text.

What authorization will be granted?

Regularization requires the granting of one initial residence and business authorization, generally for a period of one year, which will allow you to work as much for your business as for your own business and will serve as a stable administrative situation.

This permission will subsequently open up the possibility of accessing ordinary mechanisms of definitive renewal and regularization within the general extranergy system.

An especially relevant point: criminal antecedents and control of public order

One of the most legally sensitive aspects of the process will be the evaluation of criminal and political antecedents. The current legal debate centers precisely on how the concept of “amenaza para el public order” will be interpreted, whose practical application will correspond to the Foreign Offices on a case-by-case basis.

This element will have a decisive impact on many solicitudes, especially for people who have previously resided in other European countries.

Final considerations

The extraordinary regularization of 2026 represents a relevant change in Spanish migration policy, aimed at legally recognizing residence situations and consolidating them and favoring labor and social integration.

However, it is important to note that:

  • the procedure everything is in the regulatory phase,
  • the definitive requirements will depend on the final Royal Decree,
  • and the correct documentary preparation will be decisive for the outcome of the solicitudes.

For this reason, it is advisable to start now with the collection of documentary evidence of presence in Spain, permanence and criminal antecedents, elements which will predictably constitute the core of the proceeding.