Extraordinary regularisation of foreign nationals in Spain

Current status of the extraordinary regularisation Royal Decree

The Government of Spain has initiated the urgent processing of a Royal Decree aimed at the extraordinary regularisation of foreign nationals in Spain in 2026, targeting individuals who are already residing in the country without administrative authorisation, within the framework of immigration law in Spain. The regulation has not yet been approved or published in the Official State Gazette (BOE). However, negotiations are ongoing and the measure could enter into force in the coming months as an exceptional and temporary mechanism within Spanish immigration policy.

Purpose of the extraordinary regularisation process

The main objective of the proposed Royal Decree is to provide a legal pathway for foreign nationals currently in an irregular situation to obtain residence status in Spain. If approved, the extraordinary regularisation would grant a residence permit that includes access to employment, responding to social, economic and coexistence needs while complementing the existing provisions of Spanish immigration law.

Who may benefit from the extraordinary regularisation

Potential beneficiaries under the proposed framework

According to the information available to date, the procedure would apply to foreign nationals who were already residing in Spain before 31 December 2025. A minimum period of continuous residence of five months is also being considered, although this requirement has been subject to negotiation. The proposal would also cover applying for residency in Spain with denied asylum, including individuals whose international protection applications have been rejected or remain at certain procedural stages, a situation often linked to issues such as overstaying a visa in Spain.

Key conditions under consideration

Although the final wording has not yet been published, compliance with criminal record requirements for Spanish residency 2026 is expected to be essential. Applicants would need to demonstrate continuous residence in Spain and the absence of criminal convictions or risks to public order and security. These factors are central to the extraordinary regularisation process.

Expected timelines and duration of residence permits

Preliminary information indicates that applications under the extraordinary regularisation could be submitted from April 2026 until 30 June 2026. Successful applicants would receive an initial residence authorisation valid for one year, with the possibility of renewal or transition to other residence and work permits under the general immigration framework. These timelines remain provisional until official approval.

Legal effects of extraordinary regularisation in Spain

If the Royal Decree is approved as anticipated and the requirements are met, beneficiaries would obtain legal residence in Spain. The residence permit would include authorisation to work, addressing a common concern regarding Spain immigration amnesty for undocumented migrants and clarifying whether employment is permitted following regularisation. After the initial period, it would be possible to transition to other legal residence categories.

Grants for permanent employment in the Valencian Community

Alongside the extraordinary regularisation of foreign nationals in Spain in 2026, the Valencian Community has introduced a grant programme aimed at promoting full-time permanent employment, particularly for priority groups and for companies that create stable jobs. These grants are intended for employers who carry out new permanent hires resulting in a net increase in their workforce. The programme specifically supports the permanent employment of the following groups:

• Individuals in situations of social exclusion or at risk of social exclusion.
• Long-term unemployed persons.
• People over the age of 50.
• Women who are victims of gender-based violence.
• Persons with disabilities.
• Qualified young people holding vocational training qualifications, university degrees or recognised professional certificates, provided there is a clear link between the qualification and the position performed.

The standard grant amount is set at €10,000 per full-time permanent contract, with the possibility of higher amounts depending on the characteristics of the person hired, reaching increased levels in certain specific cases. Employment contracts must be formalised in accordance with the applicable regulatory requirements, and the work must be carried out at workplaces located within the Valencian Community. Applications for the grant must be submitted after the employment contract has been signed and, in general terms, no later than June 2026. The granting of these subsidies is subject to compliance with the administrative requirements and with the obligations to maintain both the employment relationship and the average workforce for the period established in the applicable regulations.

Staying informed about the extraordinary regularisation process

As this regulation is still under development, access to up-to-date information on residence permits in Spain is essential. A multilingual information form has been made available to receive official updates regarding the extraordinary regularisation process. Information is available in Spanish, French, English, Russian, and Arabic via the following link.