Author: SenValos

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.

The draft of the new Royal Decree amending the Immigration Regulations proposes transitional routes for 2026 that may affect people with an ongoing asylum or international-protection application. If you are in this process, the question is not only “Can I apply for regularization?”, but also whether it is advisable for you.

In some cases, applying for regularization may offer a practical way forward. In others, it may be a bad decision because of lost opportunities, timing, or rights that you may want to preserve.

This post explains clearly, by scenario, when it is generally not advisable to use the extraordinary regularization process planned for 2026 and why.

Important note: this is a draft and may change when the final text is approved. If your case is sensitive because of security, family or deadlines, specialized advice is recommended before making decisions.

1) Qué vías aparecen en el borrador y por qué esto importa

Fifth Transitional Provision

The draft provides a route for certain people who submitted an international-protection application before 31 December 2025 to request a residence authorization on exceptional grounds based on roots in Spain within a defined time window (until 30 June 2026, according to the draft).

One relevant point is that, once an application under this route is admitted for processing, provisional authorization to reside is provided and, if you are of working age, to work while the case is decided. If the application is refused, that provisional authorization ends.

Sixth Transitional Provision

The draft introduces a different authorization, referred to in the text as a “single” authorization on exceptional grounds, initially valid for one year, with the possibility of extension under certain conditions.

This is the most sensitive point if your asylum application is ongoing: the draft provides that submitting an application through this route may lead to other ongoing applications being stayed, with deadlines suspended, including the international-protection application, until a final refusal of the application submitted under this transitional provision.

In simple terms: if you choose this route, your asylum case may be “frozen” while it is processed.

2) La idea clave: asilo y regularización no son lo mismo

Although both routes may lead to residence and work authorization, their logic is different:

• Asylum or international protection exists to protect you if you have a well-founded fear of persecution or a serious risk in your country. If granted, it places you within a specific protection framework.
• Immigration regularization (roots-based regularization or the draft’s “single” authorization) is an administrative authorization on exceptional grounds under immigration law, with different durations and rules.

Therefore, although “having papers” may be the common goal, the medium-term consequences can be very different.

Specific benefits of asylum or international protection, when granted:

• Protection against return: strengthens the guarantee that you will not be returned to a country where you could face a serious risk.
• Residence and work: authorizes you to live and work in Spain within the international-protection regime.
• Status-specific documentation: includes specific documents proving your protection status.
• Family reunification: in many cases, it allows you to apply for family reunification through the route provided by the asylum regime.
• Access to reception and integration resources: depending on your situation and the stage of the procedure, it may facilitate social support, guidance and integration measures.
• Access to Spanish nationality (by residence, within certain time limits): if you are recognized as a refugee, the Civil Code provides for a reduced period of five years of legal and continuous residence before you can apply for nationality by residence (compared with the general ten-year period, subject to other reduced periods based on personal circumstances or origin). This may be decisive in the medium term because it is linked to stability of rights and your life plans.

This difference in the “level of protection” is the main reason why, if your asylum case is strong, abandoning or slowing down the procedure may cause you to lose a route that is better suited to your safety and medium-term stability.

3) En qué casos no conviene acogerse a la regularización si tienes asilo

Scenario 1: Your asylum case is strong and you have a realistic chance of receiving protection

It is generally not advisable to “change lanes” if your case is strong: a coherent account, clear facts and relevant evidence or indications.

Reason: if international protection is recognized, you enter a framework designed to protect you for safety reasons, not merely to grant administrative residence. By contrast, some regularization routes in the draft have shorter periods of validity (for example, one year for the “single” authorization), which may create greater uncertainty in the short and medium term.

Scenario 2: You are at a decisive point in your case and want it to move forward

It is generally not advisable to use the route, especially the one that “freezes” cases, if a decision is imminent, if you have just submitted important documents, or if processing is active.

Reason: the draft allows the asylum application to be stayed until the chosen extraordinary route is decided and becomes final. If your priority is to have the asylum case resolved as soon as possible, this effect may clearly work against you.

Scenario 3: You can already work, or are close to being able to work, through the asylum procedure itself

Many people consider regularization in order to access employment. However, the asylum system itself provides for access to work after certain periods have elapsed since the application was submitted.

Reason: if you already have access to work through the asylum procedure, the “practical advantage” of regularization (for example, provisional authorization while it is processed) may not outweigh the risks, additional requirements and possible suspension of the international-protection case.

Scenario 4: You are not sure you would meet the documentary requirements for regularization (high risk of refusal)

The draft requires compliance with formal requirements (for example, no criminal record under the applicable rules and no entry ban, among others).

Reason: if you can see that your case has weaknesses in meeting those requirements or that you will not be able to provide key documents, regularization may end in refusal. If your asylum case has also been suspended during the attempt, the cost in time and stability may be high.

Scenario 5: Your priority is protection and security, and you need rights provided by the asylum framework

This scenario is very clear when asylum is not “just another procedure”, but a real necessity: risk of return, personal safety, or family needs linked to the protection regime.

Reason: international protection was designed to protect people from specific risks. Immigration regularization responds to a different logic, administrative integration, and does not always replace what asylum offers when your case is strong.

Scenario 6: Applying for regularization would make you lose control of the process by pursuing duplicate routes

Sometimes it seems prudent to “try another route just in case”. In practice, this can create more uncertainty.

Reason: each route has different deadlines, requirements and consequences. If one of them suspends your asylum application, it is easy to end up in a situation where you lose control over what is progressing and what is on hold.

4) A practical criterion for deciding without improvising

Before taking the step, you should ask yourself these questions:

1. Is my asylum case strong or weak, based on the evidence, consistency and legal fit?
2. What stage am I at? Do I need the asylum process to move forward now, or can I accept a pause?
3. Do I need what asylum would offer if granted, namely protection and security, or is my priority only administrative stability?
4. Do I clearly meet the regularization requirements, and can I document this?

If your answers indicate that your asylum case is strong and your safety depends on it, it is usually better not to move to a route that could slow down that procedure.

Conclusion

If you have an ongoing asylum application, 2026 extraordinary regularization is not an “automatic” decision. In some cases it may be a useful way forward; in others, it may mean losing time, suspending your case or giving up a protection route that better fits your situation.

The essential point is to decide using clear criteria.

• If your asylum case is strong and protection is important for your safety and future, it is normally better not to slow down that path.
• If you are at a decisive stage in your case, avoid actions that could introduce greater uncertainty.
• If your main motivation is work and you already have, or will soon have, access to employment through your own procedure, consider whether regularization really gives you an advantage.

If you still have doubts after reading this post, do not leave the decision to chance. Review the stage of your case, the documentation available to you and your main objective: protection, stability, family or work. With that clear picture, you can make a safer decision with less risk.

At SenValos, we can guide you in organizing your case, identifying risks and preparing your documents so that your decision is consistent with your life project in Spain.

Before we begin: this is a draft, not current law

This is not yet applicable law. These are drafts of a Royal Decree that would amend Royal Decree 1155/2024. Until it is published in the Official State Gazette (BOE), the criteria may change and there is no automatic right to this regularization. Even so, the second draft already makes it possible to identify with considerable precision what the reform is intended to do and which requirements may decisively affect you.

Quick comparison: 12 important changes in the second draft compared with the first

Below are the changes that, because of their practical impact, should be on the radar of anyone who could potentially benefit (people in an irregular administrative situation, asylum or statelessness applicants, and minors in the family unit).

1) Se “separan” dos vías con más nitidez

• Route 1 (Transitional Provision 5): intended for people who submitted an application for international protection or statelessness before 1 January 2026.
• Route 2 (Transitional Provision 6): creates an extraordinary regularization route for people who were in Spain before 1 January 2026 and have not applied for asylum.

2) Nuevo requisito fuerte: 5 meses de permanencia previa para ambas vías

The draft introduces a requirement to have remained in Spain continuously during the five months preceding the application.

3) Documentación de identidad: se exige copia completa y “en vigor”

4) Incompatibility with other stay or residence procedures is tightened

4) Se endurece la “incompatibilidad” con otros trámites de estancia/residencia

5) Provisional work authorization: maintained and clarified

5) Trabajo provisional: se mantiene y se concreta mejor

• From the admission of the application for processing, the applicant is provisionally authorized to reside and work, both as an employee and on a self-employed basis, until a decision is issued.
• The notification must state that it authorizes work.
• The definitive authorization takes effect retroactively from the date of the application.
• 6) Express three-month maximum deadline and negative administrative silence

6) Plazo máximo de 3 meses y silencio negativo expresos

A maximum period of three months is established, with an adverse administrative decision deemed to apply if no decision is issued within that period.

7) Antecedentes penales: más matices, más “puertas” si el certificado no llega

• The Spanish and EU criminal-record databases will be checked by the administration.
• There may be an exemption from submitting a certificate from the third country in certain cases (for example, five years in Spain or evidence already provided without leaving the country).
• 8) Expulsion or return: closure and revocation in specific cases, where applicable

8) Expulsión/devolución: archivo y revocación en casos concretos (si aplica)

El segundo borrador no se refiere a “cualquier” expulsión o devolución. Cuando habla de “determinadas infracciones”, acota expresamente los supuestos a las infracciones del art. 53.1.a) y 53.1.b) de la Ley Orgánica 4/2000 (LOEX):

• Article 53.1.a) LOEX — Irregular stay: remaining in Spain without stay or residence authorization (for example, exceeding the authorized period of stay, or having lost or allowed the authorization to expire and continuing to remain in Spanish territory).
• Article 53.1.b) LOEX — Working without authorization, where required: carrying out employed or self-employed work without the corresponding work authorization.

In these cases, if there is an expulsion or return proceeding based on those infringements, granting the authorization would result in the proceeding being closed and, where applicable, the order being revoked.

9) Family: the logic changes, and so may the people who benefit

9) Familia: cambia la lógica (y puede cambiar a quién beneficia)

The focus is on:

• minor daughters and sons,
• adult daughters and sons with a disability requiring support or with an objective incapacity,
• cohabiting first-degree ascendants.

What “cohabiting first-degree ascendants” means (Transitional Provision 6) and when it can be used

• First-degree ascendants = mother and/or father (those legally recorded as parents).
• Cohabiting = genuine and verifiable cohabitation (normally demonstrated through a joint or historical municipal registration certificate; and, if necessary, supported by contracts or bills, health or education records showing the address, and social-services reports).
• This criterion acts as a “family anchor” for the person applying for extraordinary regularization under Transitional Provision 6 when, in addition, they meet the draft’s general requirements (presence before 1 January 2026, five months of prior residence, valid identity documents, etc.).

Clear examples (common cases)

1. You have no authorization and live with your mother or father, who have authorization (legal residence):
   • Yes: you could fit within Transitional Provision 6 by using the “cohabiting first-degree ascendant” anchor, provided that you meet the rest of the draft’s requirements.
   • Your mother or father does not need to apply for this authorization if they already have a valid residence permit.
2. You have no authorization and live with your mother and/or father, and they also have no authorization (everyone is in an irregular situation):
   • You could apply under Transitional Provision 6 using the “cohabiting ascendant” anchor, in addition to meeting the general requirements.
   • Your mother or father do not automatically obtain authorization simply because they live with you. For your ascendants to regularize their status through this route, each person would have to submit their own application and meet one of the anchors provided for the applicant (for example, work or an intention to work, vulnerability, or having minor children in their care).
     • If your mother or father lives with a minor daughter or son (for example, your younger sister or brother), they could use the minor-child anchor.
     • If they live only with adult children (with no minors and no disability or incapacity), this “family anchor” would not be enough on its own; they would need to rely on work or an intention to work, vulnerability, or another applicable case.

Important: living with your mother or father may help you fit within Transitional Provision 6; but for your ascendants to obtain authorization, each case is decided individually and must meet the draft’s requirements and anchors.

10) Menores: tramitación simultánea y orientación a estabilidad

The possibility remains of applying simultaneously for a minor’s authorization together with that of a parent or guardian, with relevant exemptions and a stronger focus on stability.

11) Procedimiento: modelo específico en sede y UTEX

A specific form, publication of information sheets and a more standardized channel are announced, with reference to UTEX for checks. UTEX is commonly used to refer to the Foreigners’ Case-Processing Unit, a technical support unit within the immigration administration responsible for verifying documents, carrying out checks and supporting case processing (for example, cross-checking databases, reviewing requirements and checking the consistency of the file).

12) Cambios “colaterales” del Reglamento

The draft also amends provisions on social-rootedness regularization, extensions and minors, affecting alternative strategies if a person does not qualify for extraordinary regularization. Examples include: (i) for social-rootedness regularization, strengthening the role of the integration report and referring to a threshold of 100% of IPREM for financial means, along with adjustments to their source; (ii) for extensions of certain regularization permits, making continuation conditional on active job-seeking or registration, with justified exceptions such as illness or disability; and (iii) for minors, setting a one-month decision period and providing for a negative administrative silence.

What changes for asylum and statelessness applicants (Transitional Provision 5)

1. Corte temporal: solicitud antes del 1/1/2026.
2. Five months of prior residence.
3. Valid identity documents.
4. Provisional work authorization from admission for processing.
5. Possible interruption or suspension of deadlines in the international-protection procedure while this route is processed.

What changes for people in an irregular administrative situation (Transitional Provision 6: “extraordinary regularization”)

Common requirements

• To be in Spain and to have been there before 1 January 2026.
• Five months of uninterrupted prior residence.
• Valid identity documents.
• No criminal record, with flexibility mechanisms.

In addition, meet at least one of these “anchors”.

1. Work or intention to work
   • Employed work: contract or contracts with a total duration of more than 90 days in one year.
   • Self-employed work: declaration of responsibility.
2. Cohabiting family unit
   • If the certificate does not arrive: after one month, the administration will request it; if it still does not arrive, a declaration of responsibility may be submitted, subject to possible subsequent review.
3. Vulnerabilidad
   • This can be demonstrated through social services and registered Third Sector organizations acting as collaborators.
   • The draft points to a presumption of vulnerability for people in an irregular administrative situation, pending practical implementation.

Impact on minors and families

• Simultaneous processing to avoid administrative gaps.
• Exemptions in certain cases (for example, birth, residence and financial means).
• A focus on stability for minors.

Regulatory changes that may affect alternative strategies

• Social-rootedness regularization: references to a 100% IPREM threshold and an integration report.
• Extensions: conditional on active job-seeking and registration, with justified exceptions.
• Minors: one-month decision period and negative administrative silence.

Practical recommendations

1. Valid identity documents: anticipate the risk and plan renewal or alternatives.
2. Proof of residence (five months): gather evidence from multiple sources.
3. Criminal records: document attempts if the country does not respond.
4. Intention to work: realistic and consistent contracts or activity plans.
5. Vulnerability: coordinate with social services and an accredited Third Sector organization.
6. Deadlines and administrative silence: monitor the three-month period and prepare appeals where appropriate.

FAQ

Until when could applications be submitted? Until 30 June 2026, according to the drafts.
Will it be possible to work while the application is processed? Yes, from admission for processing, either as an employee or on a self-employed basis.
Can an asylum applicant apply under Transitional Provision 6? No: Transitional Provision 6 requires that the person has not applied for protection; they would fall under Transitional Provision 5 if they meet its requirements.
What happens with minors? Simultaneous processing and exemptions to strengthen stability.

Conclusion

The second draft refines the design and provides greater predictability (separate routes, provisional work authorization and deadlines), but it also introduces requirements that may exclude people who cannot prove valid identity, five months of residence or an acceptable criminal-record situation. For SenValos, the focus should be on truthful information and strategic document support to prevent avoidable errors from causing missed opportunities.

You can download the PDF of the second draft by clicking this link.

The extraordinary regularization planned for 2026 could become one of the most significant measures in the field of immigration in Spain in recent years. For thousands of migrants in an irregular administrative situation, this process could open a real path to residence and work. For professionals working in social intervention, it could also become a key tool for providing better guidance, preventing mistakes and accompanying applications with greater confidence.

At SenValos, we have been sharing information in recent months about earlier drafts of this future regulation, precisely because we understood the enormous importance it could have for many people and families. In this article, we aim to bring together, clearly and systematically, the latest information currently available, based on the most recent draft that has emerged and the current institutional context. Everything suggests that the next step should be the approval and publication of the final text in the coming days, which will make it possible to know all the details of the new regulation accurately and publish them with the precision that such a sensitive issue deserves.

It is important to be clear from the outset: we are still talking about a planned process, not a regulation that has already been fully finalised and published with all its definitive effects. This requires us to act cautiously. But it also means being prepared, because if approval comes soon, there may be little time to respond properly.

What is the extraordinary regularization of 2026 and why is it so important?

The central idea behind this extraordinary regularization is to offer a legal solution to foreign nationals who already live in Spain and who, for different reasons, have not been able to access an ordinary residence permit. This is not simply a technical adjustment. If approved in terms close to the latest known draft, it could have a very significant impact on the daily lives of thousands of people.

The purpose seems clear: to reduce prolonged irregular situations, facilitate social and labour integration, and recognise a reality that already exists in neighbourhoods, schools, informal jobs and community networks throughout the country. In other words, this is not about attracting new migration, but about responding to people who are already here, who are already part of our society and who need a stable legal pathway.

The two main pathways provided for in the latest draft

According to the latest known draft, the future extraordinary regularization would be structured around two main pathways.

On the one hand, there would be a specific pathway for people who applied for international protection or asylum before 1 January 2026 and whose application or appeal has not yet been resolved. On the other, a new extraordinary roots-based residence pathway would be created for people who were already in Spain before 1 January 2026 and had not applied for asylum.

This distinction is very important. Until now, many people have been trapped in a kind of limbo: they could neither regularize their situation easily through the ordinary pathways nor find a clear solution after long periods of waiting. The new design seeks to respond precisely to this reality.

The most significant new feature: a provisional permit to reside and work

One of the most important aspects of the draft is that the mere admission for processing of an application could entail a provisional residence and work permit, both as an employee and on a self-employed basis, while the application is being decided.

This point could make an enormous difference. In practice, it would mean that people would not have to wait until the end of the procedure to begin leaving the informal economy or to access formal employment. For many families, this could translate into something as basic and decisive as stability, legal income, social-security contributions, safer access to rental housing and less exposure to labour abuse.

The draft also provides for a maximum decision period of three months. We will have to see whether this period remains in the final text and, above all, how it is applied in administrative practice. On paper, however, it is a significant provision.

Who could apply for extraordinary roots-based residence?

According to the draft, the new extraordinary roots-based residence pathway would be intended for foreign nationals who were in Spain before 1 January 2026, who do not hold a stay or residence permit and who are not processing another ordinary regularization pathway.

In addition, the person would have to prove certain basic requirements. These would presumably include documentary identity, no relevant criminal record and continuous residence in Spain for a specific period before the application.

Alongside these general requirements, the draft proposes that the applicant would have to demonstrate at least one of the following situations.

First, having worked in Spain or intending to work, whether through a job offer, an employment contract or a self-employed activity plan.

Second, living in Spain with their family unit, particularly where there are minor children, dependent descendants with disabilities or first-degree ascendants.

Third, being in a situation of vulnerability certified by competent organisations.

This last point could be especially important for social work and third-sector organisations. Not every application can be supported solely by contracts or employment evidence. Many people enter these procedures from situations of housing exclusion, severe hardship, violence, excessive family responsibilities or social vulnerability. The fact that vulnerability may carry independent weight in the future regulation is highly relevant.

What could happen to asylum applicants?

The second major pathway envisaged in the draft concerns people who applied for international protection before 1 January 2026. This is a particularly important group because, in recent years, many people have remained for long periods within the asylum system, without a definitive solution and unsure about which strategy to follow.

The draft appears to open a specific route to regularization for them, also with provisional authorisation to work from the moment the application is admitted for processing. It also provides that submitting this application may suspend certain deadlines within the international-protection procedure.

This calls for caution. Not all cases are the same. For some people this pathway may be appropriate, while for others it may not be the best option, depending on their file, pending appeals, family situation or possibilities through other immigration routes. That is precisely why technical and social support will remain essential.

The importance of the family unit and the protection of children

Another relevant element of the draft is that it appears to pay particular attention to the family unit. It envisages the possibility of processing linked permits for minor children, as well as certain flexibilities where minors or people with disabilities who need support are involved.

This is highly valuable. Regularization that resolves only the situation of one adult while leaving the rest of the family unit in uncertainty would be insufficient. If the new regulation consolidates this more family-centred and socially aware approach, it could prevent many unfair situations.

How could the application be submitted?

According to the information that has gradually become available, several submission channels could be enabled, including not only the usual administrative routes but also specific points at post offices or Social Security offices.

On this point, we should be very clear. More service counters do not mean that the procedure will be easy. On the contrary, an extraordinary regularization application may require evidence of residence, a criminal-record check, proof of identity, an assessment of vulnerability, family documentation and a strategic assessment of the case. Submitting an application incorrectly can lead to requests for additional documents, delays, closure of the file or even refusal.

Therefore, although the future regulation may have a more accessible approach, it will remain very important to have appropriate support, especially in the most complex cases.

What do we know and what do we still not know?

We know considerably more than we did a few months ago, but we still do not know everything. That is the reality. The latest draft allows us to anticipate the general structure of the process, the profiles that could benefit and several of its most relevant effects. However, until the final text is approved and published, it is impossible to state with complete certainty what the final wording will be, which exact documents will be required or how some key requirements will be interpreted.

For this reason, SenValos has sought to do something very specific: offer an understandable, serious and useful explanation of the latest information available, without selling false certainties or creating unrealistic expectations. That is also why we believe the decisive moment is now very close. If the final regulation is approved and published in the coming days, we will finally be able to analyse the definitive text, study its details article by article and explain precisely who can benefit, how to apply and which safeguards should be considered.

What should be done now?

For migrants who could benefit from this regularization, now is the time to begin organising the documents available: evidence of presence in Spain, a passport or identity document, proof of cohabitation, family documents, social reports, employment contracts or promises of employment and any other document that helps demonstrate roots, vulnerability or life history.

For professionals in social work, mediation, reception or community intervention, now is the time to identify potential profiles, review cases in good time and avoid improvisation when the regulation is published.

And for organisations such as SenValos, this process once again confirms something essential: clear, rigorous and understandable information can change lives. In immigration matters, bad information can undermine an application. Good guidance, by contrast, can open up a real opportunity.

As soon as we know the definitive text of the 2026 extraordinary regularization in Spain, we will publish an updated analysis with all the practical details of the new regulation.

Royal Decree 180/2026 of 11 March was published in the BOE on 12 March 2026 and entered into force on 13 March 2026. Its purpose is to regulate the procedure for recognising the right to health protection and healthcare financed through public funds for foreign nationals who are in Spain without legal residence, and also to extend coverage to certain Spanish nationals by origin who live abroad during temporary stays in Spain.

The news is important, but it needs to be explained properly. We are not looking at a magic formula that removes every administrative procedure overnight. This regulation does something different and highly relevant: it organises the procedure, reduces bureaucratic barriers and strengthens the consistency of this right throughout Spain, after years in which practical implementation varied depending on the territory. The BOE itself expressly acknowledges that, following the 2018 state reform, differences in implementation and additional administrative obstacles persisted for many migrants.

Put clearly: the new royal decree reinforces the idea that health protection must not be emptied of substance for administrative reasons, especially when a person lives in Spain, has no legal residence and also lacks any other mandatory public healthcare coverage or coverage that can be exported from another country. This is the core of the regulation and also why this change may have a very real impact on the daily lives of many people.

What exactly does Royal Decree 180/2026 regulate

Article 1 of the royal decree establishes that its purpose is to regulate the procedure for recognising the right to health protection and healthcare financed through public funds for foreign nationals who, while in Spain, do not have legal residence in Spanish territory, as well as the way of proving the requirements set out in Law 16/2003. In addition, the preamble makes clear that this regulatory development is approved without requiring a general minimum period of residence, precisely to strengthen the consistent effectiveness of this right.

This clarification matters greatly. For years, many migrants encountered different interpretations, changing documentary requirements or unclear procedures. With Royal Decree 180/2026, the State is trying to close part of this uncertainty and establish more uniform rules. It does not solve every problem, but it does provide a stronger basis for demanding that the right be applied in practice and not only in theory.

What changes in practice for foreign nationals without legal residence

The main operational change is the responsible declaration. The applicant must submit it to the competent administration of their autonomous community or to the National Institute of Health Management. In that declaration, among other matters, they state that they do not have other public healthcare coverage through a mandatory route, that they cannot export this right from another country, that there is no third party obliged to pay and that they do not hold a valid stay visa, registration in the Register of Union Citizens or foreign national identity card.

The second major new feature is that the regulation does not merely recognise the right at the end of the procedure; it also provides for a provisional document certifying it from the moment the application is submitted. This makes it possible to access healthcare provision financed through public funds on a provisional basis while the case is being decided. In practice, this measure may prevent a person from being left without protection for weeks or months because of administrative delays.

The third important issue is how habitual residence in Spain can be evidenced. The municipal register remains very useful, but it is not the only option. The royal decree accepts other forms of evidence, such as school enrolment certificates, documents issued by social services, certificates of visits by social-work professionals from public-interest NGOs, utility bills, consular registration, registration certificates or certificates from public migration centres. This is especially valuable for people who have greater difficulty registering with a municipality or maintaining stable administrative documentation.

The time limit is also important. The decision must be notified within a maximum of three months and, if the application was submitted by the person concerned and no response is issued within that period, positive administrative silence applies. In addition, once the right has been recognised, the supporting document does not expire and remains valid until the person can access healthcare through another route.

Which groups receive special protection

The royal decree expressly strengthens care for several vulnerable groups. These include minors, pregnant women, applicants for international protection or stateless-person status, people with temporary protection, victims of gender-based violence, victims of trafficking, victims of sexual violence and people affected by notifiable diseases. It also expressly provides for foreign women without legal residence to access voluntary termination of pregnancy in accordance with the legislation in force.

This point is particularly relevant in social and community work, because very often the greatest vulnerability lies not only in a lack of documentation but in the combination of factors that intensify exclusion: childhood, pregnancy, violence, exploitation or language and administrative barriers. The new regulation does not eliminate these risks, but it does strengthen the framework so that healthcare is not blocked by restrictive interpretations.

What was the situation in Galicia before this royal decree

In Galicia, this change is not starting from zero. Galicia’s Health Law 8/2008 already recognises that the right to health protection and healthcare financed through public funds, with universal coverage, is guaranteed to everyone residing in Galician municipalities. The law also adds that this protection is guaranteed to minors and pregnant women who are not included in this general residence regime.

However, this general wording coexisted for years with a more complex practice for foreign nationals in an irregular administrative situation. After the state restrictions introduced in 2012, Galicia published the Resolution of 31 August 2012, which circulated the instruction on providing healthcare to people without recognised insured or beneficiary status through the INSS or ISM. In that context, the Xunta promoted the Galician public-health social-protection programme, designed for those who fell outside ordinary state recognition and could not use other routes.

That Galician instruction already provided that foreign nationals who were not registered or authorised as residents in Spain, who were in Galicia, had no other public coverage and could not export it from their country of origin, could receive healthcare in several forms. These included emergency care for serious illness or accident, pregnancy, childbirth and postpartum care, care for minors under 18 and situations linked to international protection or trafficking.

Sergas’s previous practice: a system of its own with differentiated categories

The Sergas FAQ manual, updated in February 2024, explained that in Galicia health protection and healthcare for these people were processed through three routes or arrangements: the Galician public-health social-protection programme, the arrangement for foreign minors and the arrangement for pregnant foreign women. That document also stated that the Galician programme provided access to the basic, supplementary and ancillary common healthcare package, as well as to Galicia’s complementary package where applicable.

The same manual recalled that, following Galicia’s subsequent adaptation to Royal Decree-Law 7/2018, the minimum registration period required was reduced: registration in a Galician municipality and proof of residence in Spain for at least 90 days became sufficient; the income requirement was also removed, a 40% pharmaceutical contribution was set and the requirement to renew participation in the programme every two years was maintained. In other words, Galicia had already developed its own response, but it continued to operate through a specific autonomous-community scheme with separate requirements and administrative channels.

What changes now in Galicia with Royal Decree 180/2026

This is the key point of the article. The new state royal decree does not simply erase everything that came before, but it does introduce a more protective common framework that Galicia must apply. This new state framework is based on a different logic from some of the filters that had operated in regional practice: it does not require a general minimum period of residence, allows habitual residence to be evidenced through more flexible routes, requires a provisional document to be provided from the time of application and establishes positive administrative silence if no decision is issued within the time limit.

For that reason, in Galicia, the entry into force of Royal Decree 180/2026 should be understood as strengthening the right and as a call to review previous practice wherever it is more restrictive than the new state regulation. Put simply: if the Galician system had been operating through special programmes or arrangements with specific filters, those channels must now be interpreted in line with a more protective state standard. If a more restrictive practice conflicts with the new state rule, it is reasonable to demand application of the more protective regime established by the royal decree.

In addition, Sergas’s official documentation that remains accessible to the public still reflects this previous model of arrangements and the Galician programme, based on the 2024 update. This suggests that Galicia may need operational and communications adjustments so that the system’s actual functioning is fully aligned with the new state regulation.

What should be explained clearly to migrants in Galicia

The useful, clear and responsible message would be this: yes, the new royal decree significantly improves access to public healthcare for foreign nationals without legal residence, including in Galicia, but it remains important to submit the application correctly and keep the documentation filed. It is not enough to repeat that “there is already universal healthcare” if the person then does not know what to request, which documents to bring or what to do if obstacles are placed in their way.

In Galicia, it is important to act carefully. First, gather the identity documentation available and any proof of habitual residence in Spain or Galicia. Second, if there is difficulty registering with a municipality, remember that the royal decree allows other forms of evidence. Third, from the moment the application is submitted, request the provisional supporting document, because it is essential for accessing healthcare provision provisionally while the case is decided. Fourth, if there is no response within three months, administrative silence is positive when the application was submitted by the person concerned.

It is also important to bear in mind that some people from certain countries may need to prove that they cannot export healthcare rights from their country of origin or provenance. This detail may be decisive in some cases and therefore deserves appropriate support to avoid mistakes that could later delay effective access to the system.

What this reform means at its core

Beyond the procedure, Royal Decree 180/2026 has clear political and social significance. It recognises that public health cannot be based on a model of healthcare exclusion for people who already live in our country and form part of the community, even when their administrative situation has not been regularised. It also recognises that territorial inequality and bureaucratic barriers ultimately affect not only migrants but also the coherence of the public health system itself.

In a territory such as Galicia, where prior regional tools already existed, the challenge now is not to start from scratch but to adapt practice so that the right can be exercised with greater clarity, less arbitrariness and fewer obstacles. This will be the real test of the reform: not only what the BOE says, but how people are treated at the health centre, how applications are processed and how officials respond when someone needs care and does not fit easily into traditional administrative channels.

Conclusions

At ONGD SenValos, we welcome any regulatory progress that helps make the right to health effective for migrants and other vulnerable groups. The publication of Royal Decree 180/2026 moves in that direction: it provides greater legal certainty, reduces barriers and may help ensure that access to public healthcare depends less on the territory, the discretion of each office or each person’s individual ability to face complex procedures alone.

At the same time, we must be rigorous. The regulatory change is important, but its real effectiveness will depend on how it is applied in each autonomous community and, in Galicia’s case, on how Sergas’s previous practice is adapted to the new state framework. It will therefore be essential to follow closely the administrative instructions, criteria and updates published over the coming weeks or months.

If you are a migrant and have questions about how to apply for this right in Galicia, or if you are part of a social organisation, community service or professional team supporting migrants, seeking guidance in good time can prevent many obstacles. Understanding the required documentation, knowing what to do if the municipal register is not up to date or identifying when the provisional document must be issued can make the difference between having a right recognised only on paper and being able to exercise it in practice.

In recent days, a very significant change has become known for many Venezuelan people in Spain: the Government will stop systematically granting residence permits on humanitarian grounds which, since 2018, had served as a common route for people who applied for asylum and were denied. According to the published information, this change will start to apply from June 2026.

However, it is important to state this precisely. We are not looking at the disappearance of Article 37.b of the Asylum Law or the repeal of the humanitarian-grounds regime in the Immigration Regulations. The regulations currently in force still provide for temporary residence authorisation on humanitarian grounds for people whom the Interior Ministry authorises to remain in Spain under Articles 37.b) and 46.3 of Law 12/2009, and the Ministry’s official website continues to describe this authorisation as temporary residence renewable for one-year periods. What has been announced is, for now, a change in administrative criteria and general practice, not a formal suppression of that legal basis published in the BOE.

That is why the question is not only what will change for those who arrive from now on, but also what may happen to Venezuelan people who are already in Spain, who have already applied for asylum, who already have humanitarian grounds or who are trying to find another route to regularisation. And we must speak plainly here: not all situations are the same.

1. Venezuelan people whose asylum application is still being processed

If a Venezuelan person’s asylum application is still awaiting a decision, they remain an applicant for international protection for the time being. This matters greatly because the Immigration Regulations state that a person cannot apply for arraigo while they remain an applicant for international protection, nor, as a general rule, is the time spent in Spain during the processing of that application counted until a final decision has been issued through the administrative process and, where applicable, the courts.

This means it is not correct to say that anyone with an asylum application pending will automatically have a route through arraigo if they are later refused. It will depend on the procedural stage, the date of the final decision and the specific requirements of each route.

That said, there is an important nuance here. In January, the Government announced an extraordinary regularisation scheme for foreign nationals already living in Spain. According to official information released by La Moncloa, those who can prove at least five months of residence before 31 December 2025 and have no criminal record will be able to benefit from it; people who had submitted their application for international protection before that same date will also be eligible. The Executive also explained that admission for processing would allow people to work provisionally and that minor children in Spain could be regularised at the same time.

Therefore, for some Venezuelan people with an asylum application pending, the extraordinary regularisation could become the most important route out in 2026, provided it is ultimately approved and its final terms published. As of 5 April 2026, the Government itself continues to describe the process as pending final approval, although it maintains that its timetable is still moving forward.

2. Venezuelan people whose asylum application has already been refused

Here too, it is important to be very precise. The regulations currently in force include a fifth transitional provision allowing certain people who became irregular after a final decision refusing or dismissing their application for international protection to apply for residence authorisation through arraigo, but under the transitional regime currently in force this route applies only to those who had entered that situation before 20 May 2025. In addition, that provision is not valid for everyone or immediately: it requires the person to have remained in Spain in an irregular situation for at least six months before submitting the application.

However, alongside this transitional provision in the regulations currently in force, the drafts of the 2026 extraordinary regularisation scheme are considering another, separate fifth transitional provision specifically intended for applicants for international protection. According to the publicly available information on this process, this future route could benefit those who had submitted their asylum application before 1 January 2026, even if they did not fit within the fifth transitional provision currently in force. For many Venezuelan people this would be especially relevant, because it would open an extraordinary regularisation route linked to their status as asylum applicants, without initially requiring them to meet the same criteria that the current transitional provision requires for final refusals issued before 20 May 2025. Put simply: if that draft is approved on similar terms, it could offer an important route out for many Venezuelan asylum applicants who would currently fall outside the fifth transitional provision of the regulations in force.

3. People who have already been granted humanitarian grounds

This is one of the most sensitive points. People who already hold a residence authorisation on humanitarian grounds are still currently covered by a valid authorisation, with permission to reside and work, and the Ministry’s official information indicates that these authorisations and their extensions are valid for one year.

The problem arises when considering the move to a more stable ordinary authorisation. Here we need to correct an idea that is being repeated frequently: the regulations currently in force do not allow an application to modify under Article 191 from residence authorisations for exceptional circumstances under Article 128.1, which precisely include residence authorisations on humanitarian grounds linked to the Asylum Law. Article 191.7 of the Regulations expressly excludes it.

Put simply: having humanitarian grounds does not mean that there is currently a clear, open route to automatically “modify” it into ordinary residence and work authorisation through this pathway. This is precisely one of the major legal problems at present.

4. The group facing the greatest uncertainty: people with humanitarian grounds who are not working and depend on annual renewals

This is probably the most exposed group. Many Venezuelan people have been in Spain for some time, have been chaining together annual extensions of their humanitarian authorisation and have not been able to secure a more stable situation. In some cases they do not have a contract; in others they work in precarious conditions; in others, they simply do not fit the ordinary routes provided for by the regulations.

At present, the transition applicable to all these people is not expressly defined with the degree of detail that would be desirable, making it premature to say that they will all end up in an irregular situation. The most accurate statement is that there is a real risk of legal uncertainty for those who depended on a cycle of renewals and do not have easy access to other routes.

Nor does the second-chance arraigo appear, in principle, to resolve this problem in most cases, because this form of arraigo requires having held a residence authorisation that was not granted on the basis of exceptional circumstances. And humanitarian grounds are precisely an authorisation based on exceptional circumstances.

5. Venezuelan people arriving from now on

For those arriving in Spain from now on, the situation will be more difficult. If the practice that had generally allowed humanitarian grounds to be granted after an asylum refusal stops being applied, there will no longer be that almost automatic expectation that operated in practice for many Venezuelan people for years. This will mean looking at other regularisation routes, which tend to be slower, more demanding and more uncertain.

In addition, ordinary arraigo routes generally require two years of continuous residence and, for those who have applied for international protection, the time taken to process the asylum application is not counted until a final decision has been issued. This can greatly extend the actual time needed to access a residence authorisation through arraigo.

What this situation reveals

It is important not to lose sight of the human context. UNHCR continues to describe the situation in Venezuela as a displacement crisis of enormous scale and reports that around 7.9 million people have left the country in search of protection and a better life. This context helps explain why Spain opened a humanitarian pathway in 2018 that has benefited hundreds of thousands of Venezuelan people.

For that reason, the debate should not be limited to whether or not a procedure changes. The underlying question is different: if a route that had worked in practice as a mass response to a prolonged crisis is reduced, the alternatives must be clear, accessible and offer genuine legal certainty. When that does not happen, the risk is not only administrative. The risk is pushing many people and families into another period of uncertainty.

What should be done now

The most important thing at this point is not to act on rumours. Each case requires an individual review: date of entry into Spain, status of the asylum case, validity of the current authorisation, criminal record, registration with the municipality, family ties, work and whether or not the person may fit within the extraordinary regularisation scheme if it is ultimately approved.

It is also advisable to gather as soon as possible all documentation that may prove useful: municipal registration, passport, asylum decisions, cards, employment history, contracts, criminal record certificates, social services reports, medical or school documentation for minors and any evidence of residence in Spain. In 2026, the difference between being able to pursue a regularisation route and being left out may literally lie in how each date and circumstance is evidenced.

A final thought

As of 5 April 2026, the most honest thing to say is this: yes, the situation is becoming tougher for many Venezuelan people, but not everything is closed and not everything is lost. Some situations have a way forward, others involve considerable uncertainty and others depend on the extraordinary regularisation scheme ultimately being approved on the terms announced.

At a time like this, legal prudence is not alarmism. It is responsibility.