Author: SenValos

If you are a foreign national and want to pursue a PhD in Spain, there is an important new development.

The Directorate-General for Migration Management has published Management Criterion 2/2026, which clarifies which permit foreign nationals coming to Spain to pursue doctoral studies must apply for.

The main idea is simple:

As a general rule, a PhD should no longer be processed as a study stay. The route indicated by the Administration is the national research residence authorisation under Law 14/2013.

The Ministry now expressly includes enrolled doctoral students among those who may use the research authorisation.

Let us explain it step by step.

Quick summary: what changes for foreign doctoral students?

The most important point is this:

• If a foreign national wants to pursue a PhD in Spain, the Administration considers these studies to have an essentially research-based purpose.
• Therefore, the national research residence authorisation under Article 72 of Law 14/2013 must be used.
• The application is processed before the Unit for Large Companies and Strategic Collectives (UGE-CE).
• The application may be submitted by the foreign national themselves or, depending on the case, by the university or higher-education institution.
• If the person is outside Spain, they first obtain the authorisation and then apply for the corresponding visa at the Spanish Consulate.
• If a PhD is submitted to the immigration authorities as an ordinary study stay, that is no longer the route considered appropriate under the new administrative criterion.

The criterion was officially published on 11 August 2026.

Why is a PhD now considered research?

To understand this, let us consider what a person does during a PhD.

A bachelor’s student normally attends classes, learns subjects and takes exams.

A PhD is different.

The person researches a topic for several years, works with a thesis supervisor and ultimately presents new research.

Organic Law 2/2023 on the University System states that doctoral studies serve to acquire skills and abilities related to research.

Therefore, the Directorate-General for Migration Management concludes that doctoral studies have an essentially research-based purpose.

The PhD also corresponds to level 4 of the Spanish Qualifications Framework for Higher Education (MECES) and level 8 of the European framework.

Put simply:

the PhD is the highest level of university study and its main component is research.

Which permit must a foreign doctoral student apply for now?

The route established by Management Criterion 2/2026 is:

National research residence authorisation

It is regulated by Article 72 of Law 14/2013 on support for entrepreneurs and their internationalisation. The article distinguishes between an EU research authorisation and a national research authorisation.

For foreign students who are going to pursue a PhD, the new criterion expressly states that cases will be processed through the national research residence authorisation.

This is important because we are talking about a residence authorisation, not the typical study-stay authorisation.

Who processes this residence application?

There is also an important practical change here.

It is not submitted to the provincial Immigration Office, as many study applications are.

The responsibility lies with the:

the Unit for Large Companies and Strategic Collectives (UGE-CE).

Although its name may seem unusual for someone who simply wants to pursue a PhD, this unit processes the authorisations regulated by Law 14/2013.

The Ministry currently confirms that research applications are submitted online to the UGE-CE.

Can the student submit the application themselves?

Yes.

Management Criterion 2/2026 states that the application may be submitted:

• by the foreign national themselves, or
• by the centre or higher-education institution where they will pursue the PhD.

The Ministry’s updated information also clarifies that, when a doctoral student has no contract with the university or institution, they may submit the application themselves.

This is especially important because many people pursuing a PhD do not have a research contract.

Is an employment contract required to pursue a PhD?

Not necessarily.

The updated official information expressly covers doctoral students without a research contract.

Therefore, we must distinguish between two situations:

Doctoral student with a contract: there may be an employment or research relationship with a university or centre.

Doctoral student without a contract: they may also apply for this authorisation if they meet the relevant requirements.

For people without a contract, the Ministry has even published a specific list of documents they must provide.

What documents does a doctoral student without a contract need?

According to the Ministry’s updated official information, the following documents are required, among others:

• a valid passport or travel document;
• the relevant International Mobility form;
• proof that they have sufficient funds to support themselves;
• health insurance valid in Spain;
• a document from the university proving that they have been admitted to a doctoral programme;
• proof that they have paid the relevant registration or enrolment fee;
• a criminal-record certificate where required;
• a sworn statement regarding their record for the previous years;
• proof of payment of the fee.

In addition, the PhD programme must be officially registered in the Register of Universities, Centres and Qualifications (RUCT) at doctoral level.

How much money must a doctoral student without a contract prove?

For a doctoral student without a research contract, the UGE’s official information currently requires proof of resources equivalent to at least 50% of the statutory minimum wage, calculated annually.

If family members accompany the student, the Ministry indicates a level of resources equivalent to 100% of the statutory minimum wage.

This does not mean that they must receive a salary.

Financial means can be demonstrated through the relevant documentation.

As the statutory minimum wage may change each year, it is advisable to check the exact amount in force when the application is submitted.

What health insurance is required?

The person must have public or private health insurance valid in Spain.

For doctoral students without a contract, the official information warns that basic travel insurance and policies with certain limitations, such as co-payments or waiting periods, are not accepted.

Therefore, before taking out insurance, it is important to check that it genuinely meets the requirements set by the UGE.

What if the person is still outside Spain?

The procedure has two steps.

Step 1: Apply for residence

The national research residence authorisation must first be applied for through the UGE-CE.

Step 2: Apply for the visa

Once the authorisation has been granted, the person outside Spain must apply for the corresponding visa at the Spanish Consulate responsible for their place of residence.

This is expressly stated both in Management Criterion 2/2026 and in the Ministry’s updated information.

What if I am already in Spain?

The criterion also covers people who already hold a study-stay or residence authorisation and want to start a PhD.

In those cases, the applicable route for pursuing the PhD is likewise the national research residence authorisation.

However, there is an important general condition: the official information states that the applicant must not be in an irregular situation in Spain.

Therefore, if a person is already in Spain, it is advisable to check which authorisation they hold, when it expires and when the change must be made.

What happens if I apply for a study stay to pursue a PhD?

The new criterion is especially clear on this point.

If a person submits an application for a higher-education study stay to pursue a PhD to an Immigration Office, the Administration must inform them that this is not the appropriate route and that they must use the procedure under Article 72 of Law 14/2013.

The same applies if a person who is abroad tries to apply for an ordinary study visa to pursue the PhD.

Therefore:

PhD ≠ ordinary study stay.

According to Criterion 2/2026:

PhD → national research residence.

Does this also affect a university master’s degree?

No.

The criterion we are explaining refers specifically to PhD studies.

It does not say that all university studies must be processed as research.

A person who comes to Spain to study, for example:

• an undergraduate degree;
• a university master’s degree;
• certain higher-education studies;

may still fall under the study-stay regime where applicable.

The specific change affects PhD programmes because of their research nature.

How long does the authorisation take?

The Ministry’s official information currently sets a maximum decision period of 20 working days from the electronic submission of the application to the competent authority.

In addition, if no decision is issued within that period, the official information states that the authorisation is deemed granted by administrative silence.

This distinguishes this procedure from many ordinary immigration cases, which may take longer.

How long does this residence last?

The research residence authorisation under Law 14/2013 may be valid for up to three years, or for a shorter period where this follows from the relationship or activity justifying the authorisation.

The specific situation of a doctoral student will depend on the documented duration of their case and the conditions of their programme.

When the authorisation is for more than six months, the applicant must subsequently apply for their Foreigner Identity Card (TIE).

Can the doctoral student’s family come with them?

Yes, when the requirements are met.

International mobility regulations allow certain family members to accompany or join the main applicant.

They may include:

• the spouse or partner;
• minor children;
• certain dependent adult children;
• certain dependent ascendants.

Family members’ applications may be processed jointly or later, and their authorisation remains linked to that of the researcher.

A very simple example

Let us imagine María, a Colombian woman who has been admitted to a PhD programme at a Spanish university.

María does not have an employment contract with the university.

Before, she might think:

“Since I am going to study, I have to apply for a study stay.”

Under the new criterion, that is not the correct route.

María must prepare an application for national research residence through the UGE-CE.

She will have to prove, among other things, that:

• she has been admitted to an official doctoral programme;
• she has completed the relevant enrolment;
• she has sufficient funds;
• she has health insurance;
• she meets the criminal-record requirements.

If María is in Colombia, the authorisation will first be processed and, once approved, she will apply for the relevant visa at the Spanish Consulate.

What happens to people who already have a study stay to pursue a doctoral programme?

This point requires caution.

Management Criterion 2/2026 establishes which authorisation must be used to process PhD studies, but the document does not say that all study-stay authorisations already granted are automatically cancelled.

Therefore, a person who already has a valid study card for doctoral studies should not assume that their authorisation is no longer valid.

The following will have to be checked:

• which authorisation they hold;
• when it was granted;
• when it expires;
• whether they are starting or continuing the PhD;
• and which procedure they must follow when the time comes to renew or change their status.

In these cases, it is advisable to review the individual case file before submitting a new application.

Is Management Criterion 2/2026 a new law?

No.

This is also important.

Management Criterion 2/2026 is not a new law or a new Regulation.

It is an administrative criterion issued by the Directorate-General for Migration Management to standardise how the existing rules should be applied to foreign nationals pursuing a PhD.

Its main legal basis is:

• Article 72 of Law 14/2013;
• Article 13 of Law 14/2011 on Science, Technology and Innovation;
• and Article 9 of Organic Law 2/2023 on the University System.

the Ministry’s official website currently includes this criterion among the reference rules for research authorisations.

Frequently asked questions about PhD studies and research residence

Does a foreign doctoral student need a study stay?

Under Management Criterion 2/2026, the route indicated by the Directorate-General for Migration Management is the national research residence authorisation under Article 72 of Law 14/2013.

Does the university have to submit the application?

Not necessarily. The student may submit it themselves in the cases provided for, especially when they are enrolled in a PhD and have no contract with the organisation.

Do I need an employment contract?

No. There is a specific documentary procedure for doctoral students without a research contract.

Where is the application submitted?

Online, through the Unit for Large Companies and Strategic Collective (UGE-CE).

Can I apply while in Spain?

The criterion also covers people who already hold a study-stay or residence authorisation. In any event, the official information requires that they not be in an irregular situation in Spain.

What if I am outside Spain?

The authorisation must be obtained first. The corresponding visa is then requested at the Spanish Consulate.

Can I bring my family?

Yes, certain family members may obtain an authorisation linked to the researcher if they meet the requirements.

Is any course called a “PhD” acceptable?

No. For doctoral students without a contract, the official information requires the programme to be registered in the RUCT at doctoral level.

What do we recommend at SenValos?

If you are going to start a doctoral programme in Spain, do not automatically apply for a study stay as if it were a master’s or bachelor’s degree.

First check whether your programme is an official doctorate registered in the RUCT and prepare the file for national research residence with the UGE-CE.

If you are already in Spain pursuing a doctorate under a study stay, this does not mean that you have to cancel your card immediately. In that case, it is advisable to review your current authorisation and the relevant dates before deciding on the next step.

At ONGD SenValos, we can review your situation and help you identify the appropriate procedure.

The most important thing now is to check whether the programme you are going to take is genuinely an official PhD programme and to avoid submitting the application through the wrong route.

Official sources

The Ministry of Inclusion published Management Criterion 2/2026 on 11 August 2026. Official information on the research residence authorisation was updated in August 2026 and expressly includes doctoral students. The legal basis is mainly Article 72 of Law 14/2013.

Management Criteria of the Ministry of Inclusion

Official information on research residence

Law 14/2013 in the BOE

The Supreme Court has overturned several requirements of the new Immigration Regulations, approved by Royal Decree 1155/2024.

The judgment dates from 8 July 2026 and was published in the BOE together with a rectification order dated 1 September 2026.

The decision is important because it changes certain rules concerning foreign minors, relatives of Spanish nationals, dependent ascendants, criminal records, temporary work agencies and the electronic submission of applications.

But there is something we must make clear from the outset:

The Supreme Court has not overturned the entire Immigration Regulations.

It has only removed certain articles or specific phrases. The rest of the Regulations remains in force.

We will explain what has changed in the simplest way possible.

Quick summary: what has the Supreme Court overturned?

The main changes are as follows:

• Temporary work agencies can no longer be automatically excluded from certain seasonal work permits.
• In some family cases, it can no longer be required that the relationship was established under Spanish law.
• An ascendant of a Spanish national who is already in Spain can prove that they are financially dependent on their family member.
• Certain criminal records cannot automatically lead to a refusal when Article 20 of the Treaty on the Functioning of the European Union applies.
• The words “single women” and “single men” are removed from two articles concerning minors.
• A minor born in Spain may have taken temporary and justified trips without automatically losing the status provided for minors born in Spain.
• Minors whose age is unclear must receive immediate care.
• The article that established a specific general obligation to process applications electronically has been removed.

The BOE already reflects these nullities in the consolidated text of the Regulations.

1. Temporary work agencies may participate in seasonal work

The Regulations stated that temporary work agencies, known as ETTs, could not hold certain residence and work permits for seasonal activities.

It also limited their participation in changes of employer and in certain chains of contracts.

The Supreme Court has overturned that prohibition.

What does this mean?

A temporary work agency can no longer be excluded simply because it is a temporary work agency.

This may be important in sectors such as agriculture, hospitality and other jobs that need to hire many people during certain months of the year.

The Supreme Court has specifically annulled the third paragraph of Article 101.1.

2. Some family relationships no longer have to have been established under Spanish law

Article 94 regulates the residence of certain family members of Spanish nationals.

One of its sections includes the father, mother, guardian or female guardian of a Spanish minor when certain conditions are met.

The Regulations also required that the relationship had been established in accordance with Spanish law.

The Supreme Court has removed that phrase from Article 94.1(f).

¿Qué cambia?

A legal relationship validly established in another country cannot be rejected solely because it was not created under Spanish law.

This does not mean that the relationship no longer has to be proven.

It will still be necessary to provide the relevant documents to prove, for example, parentage or guardianship.

3. An ascendant can prove that they are dependent even when already in Spain

This is one of the changes that may have the greatest practical importance for families.

El Reglamento establecía que la dependencia económica debía producirse en el país de origen o de procedencia.

The Supreme Court has overturned that condition when it prevents dependency from being proven because the ascendant is already in Spain.

A simple example

Imaginemos que una mujer española tiene a su madre viviendo con ella en España.

The mother is financially dependent on her daughter.

Previously, the Administration could consider it a problem that this financial dependence was not occurring in the country of origin.

After this judgment, already being in Spain does not, by itself, prevent proving that the mother is dependent on her daughter.

But note: this does not mean that all ascendants can automatically obtain residence.

The other applicable requirements will still have to be demonstrated, and the dependency situation must be genuine.

4. Tener antecedentes penales no puede provocar siempre una denegación automática

The judgment also affects certain family members linked to European Union citizens.

The Supreme Court has annulled the parts of Articles 97.4 and 98.1 that allowed an automatic refusal based on criminal records in cases covered by Article 20 of the Treaty on the Functioning of the European Union.

Does this mean that criminal records no longer matter?

No, it has not.

Criminal records may still be relevant.

Lo que dice el Tribunal es que, en estos casos concretos, la Administración no puede limitarse a comprobar que existen antecedentes y denegar automáticamente la residencia.

It must assess that person’s case.

For example, it must assess the specific circumstances and carry out an individualized balancing exercise.

5. The words “single women” and “single men” are removed for certain minors

The Supreme Court also removes:

• the word “single women” from Article 159.1;
• the word “single men” in Article 160.1.

These articles regulate authorizations for certain foreign minors born in Spain or living in Spain accompanied by their parents.

This does not remove the other requirements for these authorizations.

For example, Article 160 continues to establish other conditions for minors not born in Spain.

6. Foreign minors born in Spain: travelling outside Spain no longer automatically excludes them

This is probably one of the most important changes for many families supported by organizations such as SenValos.

Article 159 regulates the temporary residence of an accompanied foreign minor born in Spain.

The Regulations stated that the minor must not have been absent from Spain since birth.

Taken literally, this could have caused a very serious problem.

A baby could have been born in Spain, lived here normally with their family and taken a short trip abroad. That trip could have caused this specific procedure to cease to apply.

The Supreme Court has corrected this situation.

What counts now?

What matters is that the child has maintained their effective habitual residence in Spain.

Therefore, a temporary and justified absence does not automatically mean that the minor loses the possibility of using this procedure.

This is probably one of the most important changes for many families supported by organizations such as SenValos.

Un niño nace en A Coruña.

Vive normalmente con sus padres en Galicia.

When the child is one year old, they travel to Colombia for a few weeks to visit their grandparents and then return to Spain.

That trip alone should not automatically mean that the minor is no longer considered to maintain their habitual residence in Spain.

The Administration may examine how long the child was away, why they left and whether Spain genuinely continued to be their usual place of residence.

The 1 September 2026 rectification order expressly incorporated this interpretation into the operative part of the judgment after detecting that it had been omitted from that part due to a material error.

Has the six-month period for applying for a minor’s residence disappeared?

No, it has not.

This point is very important.

The rectification order expressly states that it does not accept removing, by means of rectification, the six-month period provided for in Article 159.1.

Therefore, we must not confuse the two issues.

The Supreme Court corrects the interpretation concerning departures from Spain, but does not remove through this route the six-month period for submitting the application.

7. Guardianships established outside Spain

Article 160.2 also regulates certain cases involving minors accompanied by a foreign national residing in Spain who legally exercises guardianship.

The Regulations required that the relationship had been established in accordance with Spanish law.

The Supreme Court has annulled that condition.

What does this mean?

Una tutela creada válidamente en otro país no puede quedar excluida simplemente porque no se haya constituido conforme al Derecho español.

9. The Supreme Court annuls the article on mandatory electronic processing

8. Los menores cuya edad no está clara deben recibir atención inmediata

8. Minors whose age is unclear must receive immediate care

El Reglamento decía que los servicios de protección de menores prestarían, “en su caso”, la atención inmediata necesaria.

The Regulations stated that child protection services would provide, “where appropriate,” the necessary immediate care.

La consecuencia es importante.

The consequence is important.

En palabras sencillas:

primero hay que proteger a la persona mientras se comprueba su edad.

No se puede dejar su atención inmediata condicionada a una decisión posterior.

9. El Supremo anula el artículo sobre tramitación electrónica obligatoria

9. The Supreme Court annuls the article on mandatory electronic processing

Esto no significa que a partir de ahora todos los procedimientos de extranjería tengan que hacerse obligatoriamente en papel o que desaparezca la posibilidad de presentar solicitudes por internet.

El propio artículo 197 mantiene otras reglas sobre presentación presencial y electrónica.

Can the Government require electronic procedures again?

Yes.

The Supreme Court expressly leaves this possibility open.

The Government may require certain immigration procedures to be carried out electronically, but it must comply with the requirements laid down in Law 39/2015.

Specifically, that requirement must be justified and proportionate.

Además, otra sentencia del Tribunal Supremo de 29 de julio de 2026, también publicada en el BOE el 22 de septiembre, volvió a declarar la nulidad del artículo 197.2.

Has the Supreme Court annulled the new Immigration Regulations?

No, it has not.

This is one of the most important points.

The Supreme Court upheld the appeal only in part.

This means that it upheld the appellants’ arguments on some points but not others.

La propia sentencia dice que las demás peticiones de nulidad quedan desestimadas y que los artículos impugnados que no aparecen entre las nulidades continúan siendo conformes al ordenamiento jurídico en los términos indicados por el Tribunal.

The judgment itself states that the other requests for annulment are dismissed and that the challenged articles not included among the annulled provisions remain compliant with the legal system on the terms indicated by the Court.

¿Desde cuándo deben tenerse en cuenta estos cambios?

The judgment was issued on 8 July 2026.

The rectification order is dated 1 September 2026.

The judgment and the order were published in the Official State Gazette on 22 September 2026.

Therefore, the Immigration Offices must take into account the annulments declared by the Supreme Court.

If you have a pending case or a decision based specifically on one of the annulled requirements, it may be necessary to examine the case individually.

Frequently asked questions about the Supreme Court judgment and the Immigration Regulations

Can a minor born in Spain travel abroad?

Yes. A temporary and justified absence does not automatically cause them to lose the regime under Article 159. What matters is verifying that they maintain their effective habitual residence in Spain.

Has the six-month period for applying for a minor born in Spain’s residence been removed?

No, it has not. The rectification order expressly states that this point is not modified by the rectification.

Can an ascendant who is already in Spain prove that they are dependent?

Yes. Being already in Spain does not, by itself, prevent proving financial dependence. They must still demonstrate that they meet the other applicable requirements.

¿Tener antecedentes penales ya no afecta a una residencia?

That would not be correct. Criminal records may still be relevant. The judgment eliminates certain automatic refusals and requires an individual assessment in cases covered by Article 20 of the Treaty on the Functioning of the European Union.

Is it no longer mandatory to submit immigration applications online?

Article 197.2 has been annulled, but rules on in-person and electronic submission remain in force. In addition, the Government may establish electronic requirements for certain procedures in the future if it properly justifies them and respects the principle of proportionality. BOE

Has the entire Immigration Regulations been annulled?

No. Only the articles or passages expressly identified by the Supreme Court have been declared null. The rest remains in force.

Can this judgment affect a case that is already pending?

It can if the application depends directly on one of the requirements that the Supreme Court has declared null.

For example, a case deserves special review if:

• it was considered that a minor born in Spain falls outside Article 159 solely because they took a temporary trip;
• proof that an ascendant is dependent was rejected solely because they are already in Spain;
• it was required that a particular relationship or guardianship had been established under Spanish law;
• there was an automatic refusal based on criminal records in one of the specific situations affected by the judgment;
• there was a problem relating exclusively to the annulled obligation under Article 197.2.

This does not mean that the case must be approved automatically. The other requirements must be checked and, if a decision has already been issued, the notification date and any time limits for appealing must also be considered.

What do we recommend at SenValos?

If you have a pending immigration application or have received a refusal related to any of these requirements, it is advisable to review the decision before filing an appeal.

This is particularly important in cases involving minors born in Spain, ascendants of Spanish nationals, relatives of Spanish nationals and cases involving criminal records, where one specific sentence in the decision may be decisive in determining whether this judgment affects the case.

At ONGD SenValos, we can review the documentation and explain what consequences the judgment may have for each case.

This information was last updated on 25 September 2026.

Official sources

The main source is the Supreme Court judgment of 8 July 2026 and the rectification order of 1 September 2026, published in BOE issue no. 234 of 22 September 2026.

Judgment and rectification order in the BOE

Consolidated text of the Immigration Regulations

In recent days, many reports have appeared about what is commonly known as the Law of Grandchildren. Some people are concerned because they have read that the Supreme Court has “suspended the Law of Grandchildren” or that they could even lose their Spanish nationality.

The situation is more specific.

The Supreme Court has not taken away Spanish nationality from people who already obtained it under the Democratic Memory Law. Nor has it ordered all nationality applications to be suspended.

What it has done is adopt a precautionary measure concerning the right to vote of some Spanish citizens who live outside Spain while it examines the matter and issues a final judgment. (Central Electoral Board)

Let us explain it step by step.

Quick summary: what happened with the Law of Grandchildren?

If you only want to understand the most important points, keep these ideas in mind:

• The so-called Law of Grandchildren is still in force.
• The deadline for submitting new applications ended on 22 October 2025.
• People who correctly requested an appointment within the deadline may still have applications awaiting processing.
• The Supreme Court has adopted a provisional measure concerning registration and electoral effects in the CERA of certain people who obtained Spanish nationality.
• Their Spanish nationality has not been annulled.
• The measure does not affect all situations under the Democratic Memory Law in the same way.
• The judicial proceedings have not yet ended. We will have to wait for the final judgment.

(Ministry of Foreign Affairs)

What is the “Law of Grandchildren” really?

In fact, there is no law officially called the “Law of Grandchildren.”

This name is used to refer to the eighth additional provision of Law 20/2022 of 19 October on Democratic Memory.

This rule created a special route for certain people born outside Spain to obtain Spanish nationality by origin.

Among other cases, it covered children and grandchildren of people who were originally Spanish, descendants of exiled Spaniards, children of Spanish women who lost their nationality by marrying foreigners before the 1978 Constitution, and certain adult children of people who had obtained nationality under the Democratic Memory Law or the earlier Historical Memory Law. (BOE)

Can I still apply for nationality under the Law of Grandchildren?

New applications can no longer be submitted.

The law initially established a two-year period. In July 2024, the Council of Ministers agreed to extend it by one more year. Finally, the period ended on 22 October 2025. (La Moncloa)

This does not mean that all applications had to be completed on that date.

For example, people who correctly requested an appointment before the deadline and obtained the corresponding receipt could later be summoned by the consulate to submit their documents. The Spanish consulates expressly indicated this when the deadline ended. (Ministry of Foreign Affairs)

Therefore:

22 October 2025 = deadline for correctly starting the application.

It does not mean that all pending applications were closed on that date.

So, what did the Supreme Court do in September 2026?

This is the main development.

The Supreme Court is examining two appeals related to the application of this legislation and to a previous decision by the Central Electoral Board.

While it reaches a final decision on the matter, it has adopted precautionary measures.

A precautionary measure is a provisional decision. It applies while the court examines the main issue.

The proceedings include appeals 1013/2026 and 1015/2026. The Central Electoral Board received the Supreme Court documents on 10 September 2026 and agreed to execute them on 14 September. (Central Electoral Board)

Has the Supreme Court taken away Spanish nationality?

No, it has not.

This is probably the most important question.

The decision currently known does not annul nationalities that have already been granted.

What it provisionally regulates is registration and electoral effects in the Register of Spaniards Residing Abroad, known as CERA. (El País)

The CERA is, simply explained, the register containing Spanish citizens who usually live outside Spain and may take part in certain Spanish elections.

Therefore, these are two different things:

hold Spanish nationality and be eligible to vote from abroad through the CERA.

The Supreme Court decision discussed here affects the second of these.

Which people are affected by the decision?

This point is important because the measure does not generally concern everyone who obtained nationality under the Democratic Memory Law.

The court order specifically concerns people who obtained nationality under the first paragraph of section 1 of the eighth additional provision of Law 20/2022. (Central Electoral Board)

There are two situations within this group.

1. People who obtained nationality but were not yet registered in the CERA

Their electoral registration application may continue to be processed.

However, once it is completed, the affected registration may remain suspended until the Supreme Court delivers judgment.

2. People who were already registered in the CERA

In certain cases, the electoral effects of that registration are provisionally suspended.

In other words, the issue concerns the right to participate in elections while the precautionary measure remains in force.

Spanish nationality, however, is not annulled by this decision. (El derecho y el revés)

There is an important exception: descendants of exiles who can prove it.

The Supreme Court itself has established an exception.

The suspension should not apply when the Consular Register can certify that the person:

• was born outside Spain;
• is the daughter, son, granddaughter or grandson of a person who was originally Spanish;
• that person suffered exile for political or ideological reasons, because of their beliefs, or because of their sexual orientation or gender identity;
• and lost or renounced Spanish nationality.

In addition, the evidence must be provided without relying on the presumption of exile set out in the Instruction of 25 October 2022 for certain historical periods. (Central Electoral Board)

On 14 September, the Central Electoral Board ordered Consular Registers to issue these certificates when the requirements are met. (Central Electoral Board)

Subsequently, the Ministry of Foreign Affairs issued instructions to the consular network to identify and certify these cases. (Europa Press)

Why is there now a problem with proof of exile?

To understand it, we need to go back to 2022.

The Democratic Memory Law provided that certain people born outside Spain could apply for nationality if their parents or grandparents were originally Spanish and had lost or renounced their nationality as a consequence of exile. (BOE)

However, the Instruction of 25 October 2022 issued by the Directorate-General for Legal Security and Public Faith later adopted a broader interpretation.

The Instruction understood that the first paragraph could cover two situations: descendants of a father, mother, grandfather or grandmother who were originally Spanish, and, in addition, descendants of people who had lost or renounced their nationality because of exile. (BOE)

It also established a rule to make proof of exile easier.

The Instruction stated that Spanish citizens who left Spain between 18 July 1936 and 31 December 1955 were presumed to be exiles, provided that their departure from Spain could be proven. For departures between 1 January 1956 and 28 December 1978, exiled status had to be proven. (BOE)

Part of the current judicial debate concerns precisely the application of this administrative interpretation.

The Supreme Court has not yet issued its final judgment on the merits of the case.

Does this mean that all granted nationalities will be reviewed?

As of 18 September 2026, that cannot be stated.

The precautionary measure currently known concerns the CERA and the electoral effects of certain registrations.

It does not automatically order the withdrawal of Spanish nationality or declare all nationalities obtained through this route invalid. (Central Electoral Board)

Nor would it be correct to say now that all those nationalities are definitively protected from any future consequence.

The judicial proceedings are continuing, and the Supreme Court’s final judgment will have to be examined.

Until that judgment is issued, it is advisable to avoid messages such as “the Law of Grandchildren has been annulled,” “all nationalities will be withdrawn,” or “nothing else matters.”

None of those statements accurately describes the current situation.

My application is still pending. Will it be suspended?

The precautionary measure that has been issued does not order a general suspension of the processing of nationality applications submitted within the deadline under the Democratic Memory Law.

Therefore, if you correctly submitted your application before the deadline ended, or requested your appointment within the deadline where that system applied, you should continue to monitor communications from the relevant Civil Registry or Consulate.

The September decision focuses on the electoral effects for people who have already obtained nationality under the specific situation identified by the Supreme Court. (Central Electoral Board)

I already have Spanish nationality. Could I lose my passport or ID card?

The known precautionary measure does not order the withdrawal of the passport, ID card, or nationality registration.

It concerns registration and electoral effects in the CERA.

Therefore, a person should not automatically assume that they are no longer Spanish because their electoral registration may be affected.

If you receive a specific communication from the Consulate, Civil Registry, Electoral Census Office, or any other Administration, it is advisable to check exactly what the notification says before taking any action.

Does it affect all ways of obtaining nationality under the Democratic Memory Law?

No, it does not.

The court orders expressly refer to the first paragraph of the eighth additional provision, section 1. (Central Electoral Board)

The eighth additional provision also covers other different situations, such as children born abroad to Spanish women who lost their nationality by marrying foreigners before the 1978 Constitution, and certain adult children of people who previously obtained Spanish nationality by origin. (BOE)

That is why it is important to know under which specific paragraph each person obtained nationality.

Two people who say they obtained nationality through the “Law of Grandchildren” may be in different legal situations.

I live in Spain. Does this also affect my right to vote?

The precautionary measure specifically concerns the Electoral Census of Spaniards Residing Abroad, known as CERA. (Central Electoral Board)

Therefore, this decision should not automatically be applied to every Spanish citizen currently living in Spain who is registered in another type of electoral census.

Each situation must be checked against the person’s actual census data.

How can I find out whether I am registered in the CERA?

The National Statistics Institute provides an online service for checking electoral census registration details.

Interested individuals can check their registration details online if they have an identification system accepted by the electronic office. (INE)

INE electoral census registration check

What should an affected person do now?

There is no need to submit documents indiscriminately.

First, it is essential to know exactly which situation applies to the person:

1. check under which provision of the Democratic Memory Law the person obtained nationality;
2. check whether they live in Spain or abroad;
3. check whether they are registered in the CERA;
4. check whether the file actually proves exile or relies on any of the interpretations or presumptions in the 2022 Instruction;
5. keep all the documentation used to obtain nationality;
6. keep in particular documents related to leaving Spain, residence in another country, consular registration, and any evidence of possible exile;
7. review any new notification from the Consulate, Civil Registry, or Electoral Census Office before responding to it.

The Central Electoral Board has already asked Consular Registers to distinguish cases according to how the situation that allowed access to nationality was established. (Central Electoral Board)

Frequently asked questions about the Law of Grandchildren in 2026

Has the Law of Grandchildren been annulled?

No. Law 20/2022 remains in force. What exists is a precautionary measure by the Supreme Court concerning certain electoral effects arising from some nationalities obtained under the eighth additional provision.

Have the descendants of Spaniards had their nationality taken away?

No. The known precautionary decision does not annul those nationalities.

Can I still apply for nationality under the Law of Grandchildren?

As a general rule, no. The period ended on 22 October 2025. People who correctly started the procedure or requested an appointment within the deadline may still have applications being processed. (Ministry of Foreign Affairs)

Can pending applications continue to be processed?

Yes. The Supreme Court measure does not establish a general suspension of the processing of pending nationality applications.

What is the CERA?

It is the Electoral Census of Spaniards Residing Abroad, which includes Spaniards who usually live outside Spain for electoral purposes.

Do all people who obtained nationality under the Law of Grandchildren lose the right to vote?

That should not be stated. The measure concerns a specific situation under the eighth additional provision and also establishes an exception for certain descendants of exiles whose situation can be certified by the Consular Register. (Central Electoral Board)

Is the Supreme Court decision final?

No. It is a precautionary measure. It will be determined by the judgment resolving the judicial proceedings. (RTVE.es)

Do I now have to prove that my grandfather was exiled in order to keep my nationality?

There is currently no general obligation to submit new proof of exile in order to retain all nationalities obtained under this law.

A separate issue is the evidence required to remain outside the electoral suspension established by the Supreme Court in the affected cases.

What may happen from now on?

The Central Electoral Board is implementing the measures ordered by the Supreme Court and has requested the cooperation of the Electoral Census Office and the Consular Registers.

The consulates must identify certain cases and certify those in which exile has actually been established under the terms indicated by the Court. (Central Electoral Board)

After that, we will have to wait for the Supreme Court’s final judgment.

That judgment will make it possible to understand the legal consequences of this proceeding more clearly.

For that reason, SenValos will update this information when a new official decision is published.

Do you need to review your case?

If you obtained nationality under the Democratic Memory Law, still have a pending application, or have received a communication concerning your CERA registration, you should review your documents before taking any action.

At ONGD SenValos, we can help you identify the provision under which you applied for nationality, what documentation is in your file, and whether the new decisions may affect your specific situation.

Important: every case is different and the judicial situation is still ongoing. The information in this article is updated to 18 September 2026.

The legal basis of the so-called Law of Grandchildren is the eighth additional provision of Law 20/2022 and the Instruction of 25 October 2022. (BOE) The implementation of the precautionary measures can be consulted in Agreement 224/2026 of the Central Electoral Board. (Central Electoral Board)

Law 20/2022 on Democratic Memory in the BOE

Instruction of 25 October 2022 on Spanish nationality

Central Electoral Board Agreement 224/2026

If you are in an irregular administrative situation in Spain and want to prepare for the regularization planned for 2026, this post explains clearly and practically what requirements the draft sets out and how to organize your file so that you can submit your application with greater guarantees.

First of all: what currently exists is a Draft Royal Decree amending the Immigration Regulation (RD 1155/2024) and introducing a temporary route called a “single residence authorization on exceptional grounds”. The text may change when the final version is approved, but the documentary preparation proposed here will still be useful because it is based on basic evidence: identity, continuous presence, family life, employment and/or vulnerability.

What is the 2026 regularization for people in an irregular situation?

The draft introduces a Sixth Transitional Provision that would allow foreign nationals who were already in Spain before 31 December 2025 and meet specific requirements to apply, for a limited period, for a single residence authorization on exceptional grounds.

The project’s own impact assessment explains the direct aim of this measure: to provide legal certainty to people already present in Spain and facilitate their integration and inclusion, including in the labour market.

Key dates to keep in mind

• The “single” authorization could be requested until 30 June 2026, according to the draft.
• It would enter into force on the day after its publication in the Official State Gazette (BOE), once approved.

This means that your real advantage lies in not waiting until the last moment: if you organize your documents now, you reduce the risk of delays, requests for additional documents and refusals due to lack of evidence.

Main requirements for applying for the “single” authorization in 2026

The draft establishes two layers of requirements: general requirements (mandatory for everyone) and, in addition, at least one of three “paths” (employment, family unit or vulnerability).

1) General requirements (mandatory)

To apply for this authorization, the text requires you to:

1. Be in Spain before 31 December 2025.
2. Have lived continuously in Spain for at least five months at the time of application. This can be proven with public documents, private documents or a combination.
3. Have no criminal record, under the terms of Article 31.5 of Organic Law 4/2000, during the previous five years for offences classified as crimes under Spanish law. The draft also regulates what happens if your criminal record in Spain can be cancelled.
4. You must not represent a threat to public order, security or public health.
5. You must not be prohibited from entering Spain and must not be listed as inadmissible in countries with an agreement.
6. Not being within the period covered by a non-return commitment, if you assumed one when voluntarily returning in the past.
7. Having paid the procedural fee.

2) In addition: you must meet at least o

In addition to the above, the draft requires that at least one of the following requirements be met:

• Employment: having worked during your time in Spain or presenting an employment contract.
• Family unit: being in Spain with your family unit, under a specific definition.
• Vulnerability: being in a situation of vulnerability certified by social-assistance organizations or registered Third Sector entities.

How to prepare your file: a practical guide

The most important point is this: it is not about having “a lot of paperwork”, but about having the right documents, organized and easy to understand.

Step 1: Prepare your “basic folder” (the one useful in any case)

This folder should contain, at a minimum:

A) Identidad

• Passport, if you have one, and a copy.
• Any additional identification document you may have.

B) Prueba de que estabas en España antes del 31/12/2025
Tu objetivo es que quede claro, con documentos fechados, que ya estabas aquí antes de esa fecha. No hace falta un único documento “perfecto”: suele funcionar mejor una combinación coherente.

C) Prueba de permanencia continuada (mínimo 5 meses)
El borrador permite probarlo con documentos públicos, privados o combinados.
En la práctica, lo más eficaz es construir una línea de tiempo: mes a mes, ¿qué prueba demuestra que estabas aquí?

D) Antecedentes penales
Este punto es crítico, porque muchas solicitudes se bloquean aquí. Más abajo te explico cómo prepararlo bien y qué hacer si tu certificado tarda.

E) Tasa
Guarda el justificante de pago cuando llegue el momento de presentar.

How to prove that you were in Spain and have remained there continuously

The draft is clear about an idea that helps you: it allows residence or presence to be proven with any legally valid evidence and states that it may be submitted at any documentation unit in Spain.

In simple terms: there is no single “magic document”. What matters is that your story is credible, continuous and documented.

Examples of evidence that can help (choose what you have and arrange it by date): health, bank, education and municipal-registration documents if available, rental agreements, official communications, proof of sending or receiving documents, certificates from social organizations, and similar evidence. The project itself also recalls that you should not be required to provide documents already held by the Administration.

Choose your main path: employment, family unity or vulnerability

Even if you may have more than one path, your file should have a clear message: “I meet the general requirements and, in addition, I meet this main requirement.”

Path 1: Employment (if you have worked or can submit a contract)

The draft allows you to qualify through either of two routes: having worked during your stay or presenting an employment contract.

What to prepare:

• If you are applying through a contract: gather the contract and the supporting documents required when the time comes. The key is for the contract to be realistic and defensible.
• If you are applying based on previous employment: keep everything you can that proves you have worked or carried out an activity. Do not invent anything; consistency is essential.

Path 2: Family unity (if your life in Spain is linked to your family)

For this procedure, the text considers a family unit to be made up of:

• children who are enrolled in school or studying,
• adult children with a disability requiring support, or who cannot meet their needs because of their health,
• or first-degree ascendants.

Here, your file must prove two things: the family relationship and the reality of family life in Spain (cohabitation, studies, dependency, etc.).

A very relevant point if you have children: the draft provides that they may submit their application at the same time (Article 31.5).

Path 3: Vulnerability (if you need to strengthen your case because of your social situation)

This path may be proven:

• by competent social-assistance organizations,
• or by Third Sector entities registered in the relevant register.

And the draft adds something important: in any case, vulnerability is presumed for foreign nationals in an irregular administrative situation.

In practice, even though this presumption exists, it is wise not to rely on it alone: if possible, gather documents showing your real circumstances (housing, income, family responsibilities, health, support network, etc.).

Criminal records: how to prevent your file from being blocked

The draft includes very useful rules:

1. If your criminal record in Spain could be cancelled, the Administration provides mechanisms to promote cancellation before deciding and may also require you to cancel it. In other words: if you know it can be cancelled, start as soon as possible because this may determine the outcome.
2. If you have requested a criminal-record certificate from your country of origin (or a country where you lived during the last five years) and a month passes without receiving it, the Government may obtain the information directly if you request this. If another month passes without a response, you may be allowed to submit a statement of responsibility confirming that you have no criminal record, and you would be considered to have none for these purposes.

Practical advice: always keep proof that you requested the certificate (receipt, email or confirmation). This proof is what allows you to activate this mechanism.

What happens if you have return proceedings or a return decision

If you are affected by return proceedings or a return decision based on:

• being in Spain irregularly (because you do not have authorization or it expired more than three months ago without applying for renewal on time), or
• working without authorization when you do not have valid residence status,

the draft states that submitting the application may suspend the proceedings and enforcement while it is being processed. If the decision is favorable, the proceedings are closed and the return decision is revoked.

In simple terms: if you are in this situation, your file must be especially well organized and you should avoid improvising.

A key advantage: provisional authorization to reside and work while the application is processed

The draft provides that, once the application has been admitted for processing, you may be authorized provisionally to reside and, if you are of working age, to work as an employee or self-employed person throughout Spain and in any sector. If the application is refused, the provisional authorization is automatically lost.

This point is important because it connects with the idea of “moving from precariousness to stability”: the impact assessment highlights the expected positive effect of entering the labour market and gaining legal certainty.

Duration, renewal and steps after approval

According to the draft:

• The “single” authorization would be valid for one year and would allow you to reside and work, provided you are above the minimum working age.
• It could be renewed if the conditions remain in place and you cannot change to another type of authorization under the Regulation.
• Within the month following approval, you should apply for the TIE (Foreigner Identity Card).

How to submit a “strong” file (what really works)

Here is a simple way to organize it without overusing lists:

1. Evidence arranged by date. Ideally, anyone reading it should understand your story without having to guess anything.
2. Clear dividers. Identity / presence / criminal records / chosen path / family, if applicable.
3. Copies of everything. And, if you submit it at a registry office, keep the receipt and registration number.

The draft itself establishes something in your favor: you should not be required to provide documents already held by the Administration. This does not mean “bring nothing”; it means that you should reference existing documents properly and avoid unnecessary duplication.

Common mistakes to avoid

• Submitting “loose” evidence without order: the problem is not having too few documents, but having documents that do not tell a clear story.
• Not preparing your criminal-record documents in time: this is the most common bottleneck.
• Mixing paths without explaining which is your main requirement: if you qualify through family unity, make it clear; if you qualify through employment, make that clear.
• Leaving out key family documents (school, cohabitation, dependency) when your path is family unity.

Frequently asked questions

If I do not have a municipal registration certificate, can I still apply? The draft allows continuous presence to be proven with public or private documents, or a combination, so municipal registration helps but is not the only evidence.

Do I have to prove exactly five months? The text refers to at least five months of continuous residence at the time of application. The important thing is to document that period without unexplained gaps.

Does vulnerability always have to be proven with reports?
The text allows it to be certified by competent organizations or by registered Third Sector entities, and it presumes vulnerability in an irregular administrative situation. Even so, supporting documents about your circumstances can strengthen the file.

To conclude: preparing now puts you in a better position

This planned regularization for 2026 will not be won “on the day the application period opens”. It is won by preparing in advance: proving your presence, organizing your evidence, obtaining the criminal-record certificate and choosing the path that best fits your situation.

If you have applied for international protection (asylum) in Spain—for example, if you have a red card or are awaiting a decision—it is important to know about a specific route being designed for 2026 in the Draft Royal Decree amending the Immigration Regulations (RD 1155/2024). The draft provides that certain applicants for international protection may request a residence authorization on exceptional grounds based on roots, under a clear procedure and clear rules.

In this post, we explain it in an informative, direct and practical way: who might qualify, what requirements are requested, what happens while the application is processed and how to prepare the documents so you do not lose time when the application period opens.

Important notice: we are talking about a draft and it may change when the final rule is approved. Even so, preparing your file now is useful because it is based on stable elements: proof of presence, criminal records, family circumstances and administrative documentation.

What is this “2026 regularization” for asylum seekers?

The draft amends the Fifth Transitional Provision and establishes a route for foreign nationals who submitted an application for international protection before 31 December 2025 to request a residence authorization on exceptional grounds based on roots, provided that they meet the stated requirements.

The project’s impact assessment explains that its aim is to strengthen access routes to authorizations on exceptional grounds for people already in Spain and provide legal certainty, facilitating integration and inclusion, including through access to the labour market.

Fechas clave para no despistarte

Según el borrador:

• You could apply for this authorization until 30 June 2026.
• The Royal Decree would enter into force the day after its publication in the BOE, once it is approved.

This means that the smart time to prepare is before then: when the application period opens, many people try to obtain their documents at the same time and procedures become slower.

Who might qualify? (Main criterion)

The key condition is this: having submitted an application for international protection before 31 December 2025.

In plain language: if your asylum or international-protection file was submitted before that date, this route is designed for you, provided that you meet the other requirements.

Requirements set out in the draft

To request authorization through this route, the draft lists requirements that should be clearly understood:

1. You must be in Spain.
2. You must have no criminal record in Spain or in the countries where you lived during the five years before entering Spain, for offences covered by Spanish law.
3. You must not represent a threat to public order, security or public health.
4. You must not be prohibited from entering Spain and must not be listed as inadmissible in countries with an agreement.
5. Where applicable, you must not be within a non-return commitment period, if you previously returned voluntarily and accepted that commitment.
6. You must have paid the procedural fee.

Do not be put off by the list: most applications are won or lost on two very specific points—proving your situation properly and not leaving the criminal-record issue until the end.

What happens while the application is processed: “provisional” residence and work

This is one of the most important points in the draft.

Once the application has been admitted for processing and until a decision is issued, the text provides for provisionally authorizing the applicant to reside and, if of working age, to work as an employee or self-employed person throughout Spain and in any occupation or sector.

It also clarifies that, if the application is refused, the provisional authorization to work automatically loses its validity, without any additional procedure.

Además, el borrador contempla que el plazo máximo de resolución puede suspenderse en ciertos supuestos y que, durante esa suspensión, la autorización provisional seguiría siendo válida.

If you have a return procedure or decision: what the draft says

The text provides for a relevant measure if the applicant is affected by a return procedure or decision, provided that it is based on certain grounds. In that situation, submitting the application would suspend the return procedure and its enforcement while the application is processed.

If the decision were favourable, the return procedure would be closed and the return decision revoked.

If this is your situation, the most sensible course is to prepare your file with extra care—not out of fear, but because the documents must be especially well organized here.

How to prepare your file: what really works

The rule talks about requirements, but your practical priority is different: build a file that can be understood in five minutes. This reduces requests for additional documents, delays and errors.

1) Proof of your application for international protection (the “heart” of the file)

You need to be able to prove two things:

• that you submitted an application for international protection, and
• that it was submitted before 31 December 2025.

What you should gather: the filing receipt, file number, appointment documents, notices and any dated official communication. If you have a red card, it can help as contextual evidence, but what matters is the date and administrative traceability of your application.

2) Proof that you are in Spain and of your habitual residence

The draft states that habitual residence may be proved with any legally valid evidence and at any documentation unit within Spanish territory.

In practice, this translates into a simple strategy:

• prepare a timeline, month by month,
• and support it with dated documents showing continuity.

For example, the following can usually serve as evidence (choose what you have and organize it by date): municipal registration certificates; medical appointments, reports or receipts (health centre, emergency care, prescriptions); enrolment records, reports or communications from educational centres (if you study or if your daughters or sons attend school); bank statements and transactions (income, payments, transfers); rental or housing-loan agreements, receipts and bills (electricity, water, internet) in your name; tickets issued in your name or proof of domestic travel; course enrolment and attendance records (training, languages, certificates from organizations); official notices or communications (appointments, decisions, letters from the Administration); and certificates or reports from social organizations supporting you.

You do not need “a thousand documents”, but you do need consistency: your story should not contain large unexplained gaps.

3) Criminal records: how to avoid a blockage

Here is the most concrete part of the draft, explained step by step.

a) If your criminal records in Spain could be cancelled

The text provides mechanisms to initiate cancellation before a decision is issued and may also require you to process it before a decision is made.

In other words: if you have old records that can be cancelled, act as soon as possible.

b) Si el certificado de tu país tarda

The draft provides a solution: if you prove that you requested it and a month passes without receiving it, the Government may, if you ask, obtain the information directly. If the information still does not arrive after another month, the Administration will inform you and you could submit a declaration of responsibility stating that you have no criminal record; for these purposes, you would be considered to have no criminal record.

Practical translation: keep the receipt proving that you requested this certificate as carefully as possible.

4) Fee and payment receipt

The fee is a requirement under the draft. Always keep the payment receipt in the file, in a clearly marked section.

Family situations: what happens if you have daughters or sons in Spain

The draft states that, if the applicant has minor daughters or sons or adult children with disabilities who cannot meet their needs for health reasons, they may submit their residence-authorization application under Articles 159 and 160 simultaneously with the parent’s application, and both applications will be decided simultaneously.

It also includes specific flexibilities:

• If the application is made under Article 159, the requirement to submit it within six months of the birth is waived.
• If the application is made under Article 160, the requirement of two years of previous residence and proof of the financial means and accommodation required for family reunification is waived.

The impact assessment reinforces the purpose of this measure: these authorizations would be valid for five years and would be independent of the parents’ authorizations, protecting the best interests of children and adolescents and avoiding administrative instability.

If this is your situation, your file should include, in addition to your documents, an organized family folder: the identities of your daughters and sons, school-enrolment records or school reports where applicable, health documents if there is a disability or dependency, and proof of living together.

Other relatives in Spain: possibility of simultaneous applications

The text states that, if you have relatives in Spain who meet the requirements of Article 127(c), they may apply for a social-roots residence authorization simultaneously, meeting the requirements of the relevant chapter with specific exceptions.

This is a more technical section, but the practical idea is this: in some cases, the rule provides for related files to be processed in a coordinated way. If you think it applies to you, it is advisable to review it with legal or social support to identify the correct route.

How to submit the application: registration and available facilities

The draft provides that applications and documents may be submitted using a form prepared by the competent administration and through any legally valid registration method.

It also opens the door to authorizing other public offices to receive applications throughout Spain through a specific, priority and differentiated procedure.

It adds two important safeguards:

• Habitual residence may be proved with any legally valid evidence.
• You will not be required to submit documents that are already held by the Public Administration.

After approval: the TIE

If the authorization is granted, the draft states that, during the immediately following month, you must apply for the Foreigner Identity Card (TIE), which will be issued for the period of validity of the authorization.

To close: preparing now gives you stability and room to act

The key to this route, as designed in the draft, is that it seeks to provide legal certainty and facilitate the transition to a more stable situation, with the possibility of entering the labour market while the application is processed, provided that the requirements are met.

If you have a red card or are in the asylum process, your best decision today is simple: gather evidence, organize your documentary history and resolve the criminal-record issue as soon as possible. This puts you in a much stronger position when the procedure is activated.

If you have submitted an application for social-labour or socio-training roots and your file is still awaiting a decision at the Immigration Office, it is normal to have questions: should I wait? Should I also apply for the 2026 extraordinary regularization? Can I “change route”? Do I lose what I have already advanced?

This post, aimed at migrants and families who need clarity, explains what the draft of the new Royal Decree allows, what effects it has on applications already submitted, and how to decide, using practical criteria, whether it is best to keep your current application or opt for the extraordinary regularization.

Important: what we explain is based on the draft Royal Decree and its Regulatory Impact Analysis published for public consultation (28/01/2026). The final text may change.

1) What the “2026 extraordinary regularization” is in the draft

The draft introduces a Sixth Transitional Provision creating a single residence authorization on exceptional grounds, which can be applied for during a limited period (until 30 June 2026, according to the draft).

This “single” authorization is based on a clear rationale: providing legal certainty to people already in Spain and facilitating their inclusion, including access to the labour market.

For many people with a pending social-labour or socio-training roots application, the most important question is not only “do you meet the requirements?”, but this:

The draft states that, when the application for extraordinary regularization is submitted, any other residence or residence-and-work application previously submitted for the same person is suspended (put on hold) until there is a final refusal, if any, of the extraordinary application.

This changes the situation: it is not “I submit two applications and they move forward at the same time”, but “if I submit the regularization application, my previous file is put on hold”.

2) What happens to your social-labour or socio-training roots application if you submit the regularization application

If you already have an open file (social-labour or socio-training roots) and submit the extraordinary regularization provided for in the Sixth Transitional Provision, the draft establishes:

• The extraordinary application is processed as a priority.
• Above all, submitting the extraordinary application suspends any pending deadline in any other residence or residence-and-work application previously submitted for the same person, until the extraordinary application is finally refused, if that happens.

In plain language: your roots application is “frozen” while the extraordinary regularization is decided.

This has two practical consequences:

1. It is not advisable to submit the regularization “just in case” if your roots application is very well prepared and you expect a favourable decision soon, because you could be putting it on hold yourself.
2. It may make sense if your roots application carries risks (weak documentation, changes in your contract or course, difficult requests for additional documents, or deadlines you cannot control), or if the extraordinary route offers a stronger fit.

3) Extraordinary regularization requirements that most affect people with a pending roots application

The draft establishes general requirements and also requires meeting at least one of several conditions. For someone with a pending social-labour or socio-training roots application, these are often the points that determine the decision.

A) Presence and continuous residence

The draft requires continuous residence for a minimum number of months at the time of applying, and allows it to be proved with a public document, a private document or a combination of both.

This matters because, even if your roots application has already been submitted, the extraordinary regularization is not “activated” simply because you have an open file: it is activated by meeting the requirements of the transitional provision.

B) Employment pillar (key for social-labour roots)

Among the draft conditions, one is having worked during your stay in Spain or submitting an employment contract.

For people with a social-labour roots application, this is usually the most natural pillar. If your social-labour application is based on an employment contract, the extraordinary route may be a logical alternative, provided that the other requirements also fit.

C) Family pillar and vulnerability pillar (frequent routes for socio-training applications)

The draft also allows applicants to qualify through a family unit (with a specific definition) or through vulnerability documented by social services or by third-sector organizations registered in a specific register.

This is relevant for many people with a socio-training roots application, because their file is not always based on an immediate employment contract and may need another pillar to fit the extraordinary route.

D) Important practical advantage: provisional authorization to reside and work if the application is admitted for processing

The draft provides that, once the extraordinary application has been admitted for processing, the applicant will be provisionally authorized to reside and, if of working age, to work as an employee or self-employed person throughout Spain and in any sector; if the application is refused, that provisional authorization automatically lapses.

This point may be decisive, because it affects your ability to stabilize your working life while the application is being processed.

4) Your options if your roots application is pending

Option 1: Wait for Immigration to decide your roots application (without submitting the regularization application)

This makes sense if your file is very strong, if you have already responded to requests for additional documents, or if your case depends on maintaining conditions (employment contract, training or reports) that are already well established and stable.

The idea is simple: if your current application has a high probability of success, changing course may not be worthwhile.

Option 2: Submit the extraordinary regularization application and put your roots application on hold

This is the “change of lane” option. You submit the extraordinary regularization application and your previous application is suspended until the extraordinary application is finally refused, if it is refused.

This may make sense if:

• Your roots application has significant weaknesses or uncertainties.
• You are worried about losing the conditions supporting your roots application (for example, if your employment or training situation changes).
• You are seeking the practical effect of provisional residence and work authorization after admission for processing, if the requirements are met.

Option 3: Withdraw the pending roots application and opt for the extraordinary regularization

Be careful: the draft does not say that you must withdraw your roots application in order to submit the extraordinary application. It already provides for the automatic suspension of the previous file.

So why would someone withdraw? Because they may want to:

• avoid keeping open a file that they are no longer interested in,
• focus their efforts on a single route,
• or reduce the risk of confusion if they expect requests for additional documents and do not want to respond to two different procedures.

Withdrawing may be advisable, but only in certain situations (see section 6).

5) Advantages and disadvantages of switching to the extraordinary regularization

Potential advantages

The main advantage, according to the draft, is that the extraordinary route is processed as a priority and may provide provisional residence and work authorization from the moment the application is admitted for processing.

In real life, this may mean less uncertainty about whether you will be able to work while you wait.

Disadvantages and risks

The clearest disadvantage is structural: when you submit the extraordinary application, your roots application is put on hold (with suspension of deadlines) until there is a final refusal, if any.

This means:

• you may lose time if the extraordinary application does not succeed,
• and your previous file will not move forward in the meantime.

There is also a practical risk: if your fit for the extraordinary route depends on a pillar that is not solid (for example, an employment contract or proof of family connection or vulnerability), you could be freezing a file that did have a viable path.

6) When it may be advisable to withdraw your roots application and opt for the extraordinary regularization

There is no universal answer. The decision depends on your file and on your current circumstances. Even so, based on the wording of the draft, there are reasonable criteria.

Situations in which it is usually reasonable to consider withdrawing

1) Your roots application has a high probability of refusal for a structural reason.

Typical example: a requirement that you cannot complete or an essential element that you cannot support (and you know you will not be able to support it in the short term). If your roots application is fundamentally weak, keeping it open only consumes energy.

2) Your roots application is “stuck” and you cannot provide what is being requested.

If you are receiving requests for additional documents that are difficult to meet or if the evidentiary burden has become unmanageable, the extraordinary regularization may be a more direct route, provided that you qualify for it.

3) The extraordinary route fits your situation better and you urgently need stability.

The distinguishing factor here is the draft’s provision for provisional authorization to reside and work after admission for processing. If your immediate priority is to stabilize your work and everyday life, this point may carry significant weight.

Situations in which it is NOT usually advisable to withdraw (or you should think twice)

1) Your roots application is very well prepared and close to a decision.

If your file is complete, consistent and already well advanced, withdrawing may mean “trading a likely approval for a gamble”.

2) You are not sure that you meet the requirements of the extraordinary route.

Because if you submit the extraordinary application without a solid fit, you freeze your roots application only to face a refusal and lost time.

7) Practical recommendation: how to decide without getting lost

A simple and useful way to decide is to answer these three questions in writing, on a sheet of paper:

1. ¿Mi arraigo (sociolaboral o socioformativo) está completo y coherente, o depende de “cosas que pueden caerse”?
2. Do I clearly meet the requirements for the extraordinary regularization, and which main pillar supports me: employment, family or vulnerability?
3. What harms me more at this point: waiting for an uncertain decision or freezing my current file to opt for the extraordinary route?

If, honestly, your answer is that “my roots application is weak and the extraordinary route fits me better”, then it makes sense to consider changing route. If the opposite is true, it is usually wiser to wait.

8) Frequently asked questions

Can I submit the extraordinary regularization application even if I have a pending roots application?

The draft provides that, when the extraordinary application is submitted, any previous residence or residence-and-work application for the same person is suspended. This means that there is a procedural route, but at the cost of putting the previous file on “pause”.

¿Tengo que desistir obligatoriamente de mi arraigo?

The draft does not require it: it provides for the automatic suspension of the other file when the extraordinary application is submitted. Withdrawing would be a strategic decision, not a requirement.

Do I have to submit the criminal-record certificate again if I already submitted it with my roots application?

If you submit the extraordinary regularization application, it is a new application and you must meet its requirements, including proving that you have no criminal record. However, the draft states that you cannot be required to submit documents already held by the Administration. In practice, if your criminal-record certificate is already in your roots file and is recent, you can refer to it and ask for it to be added to the new file without submitting it again.

Even so, if the certificate is old or Immigration considers that it needs an updated document, for example because time has passed, it may ask you to submit a new one. Therefore, if you are considering switching to the extraordinary route, it is usually prudent to have the certificate ready or at least proof that you have requested it. The draft itself provides an exceptional solution when the certificate from the country of origin or residence is delayed, with proof of the request and, where appropriate, a declaration of responsibility.

What distinctive advantage does the extraordinary regularization offer?

The draft provides for provisional residence and work authorization after the application is admitted for processing, until a decision is issued.

Closing: what you should do now

If your social-labour or socio-training roots application is pending, your room for improvement is not in “waiting longer” but in understanding your position and choosing carefully:

• If your current file is strong: it is probably best to keep it.
• If your current file is weak and the extraordinary route fits you better: consider switching.
• If you are unsure: the smartest course is to request a professional review of your case, even a brief one, before “freezing” one procedure by submitting another.

The draft makes one point clear: the 2026 extraordinary regularization is not simply “another application”; it is a route that reorganizes your administrative situation because it puts the previous procedure on hold.

If you are preparing your application for the 2026 Extraordinary Regularization, one of the most important questions is what happens with your minor daughters or sons and how their documents should be submitted.

Here is the first and most important point: the final text no longer relies on the draft references to the fifth or sixth transitional provision of the 2024 Regulations. The correct legal basis, now that the rule has been approved, is the twentieth additional provision, the twenty-first additional provision and the first transitional provision of Royal Decree 316/2026 of 14 April.

In addition, the timetable is now closed: the royal decree was published on 15 April 2026, the online procedure opened on 16 April, in-person assistance began on 20 April, and the application period will remain open until 30 June 2026.

1) First: there are two routes for the adult person

The extraordinary regularization is aimed at two main groups:

1. People who applied for international protection, if they submitted their application before 1 January 2026. This route is established through the twentieth additional provision.

2. People in an irregular administrative situation who were already in Spain before 1 January 2026. This route is established through the twenty-first additional provision. In this case, in addition to proving previous residence and five months of continuous stay, at least one of these three situations must be demonstrated: having worked or intending to work, living with the family unit provided for in the rule, or being in a documented situation of vulnerability.

This matters because the adult person’s route also determines the form used to process the minor daughter or son.

2) The minor daughter or son is not simply “included” in the main application

The approved rule states that, when the adult person covered by the twentieth or twenty-first additional provision has minor daughters or sons, or adult children with disabilities who require support, the application under Article 159 or Article 160 must be submitted simultaneously with the parent’s application. Both applications will also be decided jointly.

Put simply, it is not enough to name the minor in the adult person’s application. Their specific authorization must be processed at the same time. The official regularization forms already include separate boxes for “Minor child born in Spain” and “Minor child not born in Spain”, both on form EX-31 and on form EX-32.

3) Which article applies depending on the minor’s situation

The rule here is quite clear:

Article 159

This is used for a minor daughter or son born in Spain. Under the general rules, the application must be submitted within six months of the birth or from the time the parent obtains residence, if that happens later.

Article 160

This is used for a minor daughter or son not born in Spain, or for an adult daughter or son with a disability under the terms provided for in the rule. Under the general rules, this authorization requires two years of previous residence, as well as the financial means and accommodation required for family reunification.

4) What the 2026 extraordinary regularization makes easier for minors

Aquí está una de las mejoras más importantes de la norma aprobada.

La disposición transitoria primera establece que, en las solicitudes simultáneas de menores:

• if the case falls under Article 159, the application will not have to be submitted within six months of the birth;
• if the case falls under Article 160, neither the previous two-year residence requirement nor the requirement for the parent or guardian to prove the financial means and accommodation required for family reunification will apply.

But there is a key nuance that should be explained clearly: in cases under Article 160, although the two-year requirement and the financial-means and housing requirements are removed, it must still be shown that the minor has remained in Spain uninterruptedly for the five months immediately before the application is submitted. This point is new and essential.

In addition, these authorizations will be granted in accordance with the best interests of the child and may be valid for up to five years.

5) Which form should be submitted

This point also differs from many older guides.

If the adult person is applying through international protection

Form EX-31 is used. That form expressly includes the following boxes:

• Minor child born in Spain
• Minor child not born in Spain
• Family member of an applicant for international protection

If the adult person is applying because of an irregular situation

Form EX-32 is used. It also expressly includes the following boxes:

• Minor child born in Spain
• Minor child not born in Spain
• Family member of an applicant for a residence authorization for exceptional circumstances under the twenty-first additional provision

Therefore, for this extraordinary regularization, the case should not be explained as if a “standard” EX-25 form for minors were the only form to be submitted. In this extraordinary process, the minor’s simultaneous application is made using the specific EX-31 or EX-32 forms, depending on the adult person’s route.

6) Documents to prepare for the adult person

All applicants must submit, as a minimum:

• the relevant official form;
• a complete copy of the passport, registration certificate or valid travel document in Spain;
• proof that they were already in Spain before 1 January 2026;
• proof that they remained in Spain during the five months before the application;
• a criminal-record certificate from the country of origin and from the countries where they have lived during the five years before entering Spain.

If the person is not and has not been an applicant for international protection, they must also prove one of these three areas:

• work carried out or an intention to work;
• unidad familiar;
• vulnerabilidad acreditada.

Under the family-unit route of the twenty-first additional provision, form EX-32 itself states that the applicant must prove that the minors or people with disabilities with whom they live are enrolled in school. Under the vulnerability route, the form requires the relevant certificate issued by social services or by registered third-sector organizations.

7) Which documents to prepare for the minor daughter or son

A) If the daughter or son was born in Spain: Article 159

The essential documents to prepare are:

• a complete copy of the passport, travel document or registration certificate of the minor and of the applying parent;
• the minor’s birth certificate issued in Spain;
• if the child is of compulsory school age, a document from the school or educational centre.

Under the extraordinary regularization, it is no longer detrimental if you have missed the general six-month deadline from the birth, because that requirement is expressly relaxed.

B) If the daughter or son was not born in Spain: Article 160

Here it is advisable to prepare, at a minimum:

• a complete copy of the passport, travel document or registration certificate of the minor and of the parent or guardian;
• the minor’s birth certificate or a document proving guardianship;
• a school-enrolment document, if the child is of compulsory school age;
• prueba de que el menor ha estado en España de forma continuada durante los cinco meses anteriores a la solicitud;
• if the case requires it, custody documents, authorization from the other parent or a court ruling;
• if there is a disability, the corresponding supporting documentation.

This is important to emphasize: under this regularization, you will no longer be required to prove two years of previous residence, financial means or suitable accommodation for family reunification. However, you still need to prove the family relationship, the minor’s situation and those five months of residence in Spain properly.

8) Evidence that helps prove residence in Spain

The public questions-and-answers guide reminds us that evidence should be in the person’s name and dated. Examples include passport entry stamps, tickets issued in the person’s name, bank transactions in Spain, rental contracts, official training certificates or transport documents within Spain.

For minors, the following are also especially useful:

• registration on the municipal census;
• certificates from the health centre or paediatric service;
• school enrolment or a certificate from the educational centre;
• social-services documents, when available.

This is not an exhaustive list in the rule, but in practice it helps the Immigration Office quickly see the minor’s actual presence in Spain and the relationship with the main application.

9) Be careful with foreign documents

If you are going to submit birth certificates, custody rulings or other documents issued outside Spain, remember that, as a general rule, they must be legalized or apostilled and, when they are not in Spanish, translated.

This remains one of the most common causes of requests for additional documents. It is not a minor detail.

10) Cómo se presenta la solicitud

The application may be submitted online or in person.

The online route through MERCURIO allows applications to be submitted throughout the process:

1. with the applicant’s own electronic certificate;
2. through an authorized representative;
3. through authorized professionals;
4. through entities registered in the Immigration Collaborators Register.

The in-person route always requires a prior appointment and is available through:

• Immigration Offices,
• certain Social Security offices,
• authorized post offices.

In addition, the public guide states that applications for people belonging to the same household can be handled in a single appointment, which is especially useful when also submitting an application for a minor daughter or son.

11) Mistakes to avoid

Now that the final text is available, the most common mistakes are:

• thinking that the minor daughter or son is included “automatically” in the adult person’s file;
• failing to distinguish between a minor born in Spain and a minor not born in Spain;
• forgetting that, under Article 160, the minor must prove five months of continuous residence in Spain;
• submitting foreign documents without an apostille, legalization or translation;
• failing to prepare custody documents or authorization from the other parent properly when required.

Conclusion

The approved reform makes the position of minor daughters and sons in the 2026 Extraordinary Regularization much clearer. The central point is this: they can regularize their status together with their mother, father or guardian, but not automatically as an extension of the adult’s application. The minor’s authorization must be processed simultaneously, under Article 159 if the child was born in Spain or Article 160 if the child was not born in Spain.

The good news is that the new royal decree relaxes precisely the points that previously blocked the most files: the six-month deadline for minors born in Spain and, for minors not born in Spain, the previous two-year residence and the financial-means and housing requirements. However, it does not remove the need to submit a well-prepared file. It remains essential to prove the family relationship, school enrolment where applicable and, under Article 160, the minor’s continuous residence during the five months before the application.

The most practical recommendation is this: keep the adult person’s file and each minor’s file clearly separate, use the correct form (EX-31 or EX-32), and do not submit anything without first checking the birth records, custody, residence and formal validity of the foreign documents, so that the minor can achieve a more stable situation and a clearer future for their schooling, healthcare and family life in Spain.