Thousands of migrants have been able to obtain a residence and work permit in Spain thanks to the extraordinary regularization process of 2026, regulated by Royal Decree 316/2026. However, these permits are initially valid for one year. This raises one of the most important questions: what happens when that year is up, and what requirements must be met to continue living and working legally in Spain?

The answer depends mainly on each person’s employment, financial and personal circumstances.

In this article, we explain the conditions set out in the current regulations, the documents worth preparing and the deadlines you must not miss.

Quick answer: How can a DA20 or DA21 residence permit be renewed?

As a general rule, people who obtained their permit under DA20 or DA21 must apply to change it to a residence and work permit, in accordance with Article 191 of the Immigration Regulations.

Key points:

• Standard deadline: within the two months before the permit expires.
Late filing: within the three months after expiry, although this may lead to a penalty.
• Change of status form: Form EX-26.
• Requirements: demonstrate one of the situations set out in Articles 80 or 86 of the Regulations, as applicable.
New permit duration: usually four years when Article 191.3 applies and its requirements are met.
• Exceptional alternative: apply for a one-year or four-year extension if changing the permit is not possible and the specific conditions are met.

Important: it is not enough to apply for a new foreign national identity card (TIE). You must first obtain a change or extension of the residence permit.

1. What is the difference between DA20 and DA21 residence permits?

The 2026 extraordinary regularization established two main routes.

DA21: For people who met the requirements for extraordinary arraigo based on the employment, family or vulnerability circumstances set out in the regulations.One-year permit treated as a social roots permit.

DA20	DA21
DA20: For people who applied for international protection before 1 January 2026, among other requirements.
	One-year permit based on extraordinary arraigo.
Allows employment and self-employment.	Allows employment and self-employment.
It can be changed under Article 191.	It must be changed under Article 191 as the standard route.

Although access requirements differed, both permits follow a very similar continuation process as they approach expiry.

Both also allow holders to work from the moment they are granted, without territorial, occupational or sector restrictions.

2. When does the year of residence start?

This point is particularly important.

The regulations state that, once the final permit is granted, its effects are backdated to the date on which the regularization application was submitted.

Therefore, do not assume that the year starts on the date you receive the favourable decision or collect your TIE.

Check the start date and expiry date recorded in your case file and residence documents.

For example, someone who filed their regularization application in April 2026 may have to change their permit in spring 2027, even if they received the favourable decision several months later.

SenValos tip: Check the dates on your permit as soon as you receive the favourable decision. Do not wait until the card is close to expiry.

3. Deadlines for changing a DA20 or DA21 permit

Additional Provisions 20 and 21 set a specific deadline for applying to change the permit.

Two months before expiry

This is the standard and recommended application period.

Worked example

If your permit expires on 20 May 2027, you can apply to change it from 20 March 2027.

An application filed within this period extends the validity of the existing permit until a decision is made.

This allows you to remain lawfully resident while the immigration office processes the application.

Three months after expiry

The regulations also allow you to apply to change the permit within three months after it expires.

In the example above, the last day of that period would be 20 August 2027.

However, applying after the standard deadline may result in administrative penalty proceedings for late filing.

Although an application filed within those three months also extends the previous permit until a decision is made, it is advisable to avoid letting the permit expire.

Should you wait until you have completed exactly one year?

No. You can apply to change the permit during the two months before it expires.

In addition, Migration Management Guideline 1/2025 of the Directorate-General for Migration Management expressly allows applications during this period by holders of residence permits valid for one year or more.

This avoids having to wait until the very last day of the permit’s validity.

4. What requirements must be met to change residence status?

The main route for people who obtained a DA20 or DA21 permit is Article 191.3 of the Immigration Regulations.

Since both permits are valid for one year and already allow work, applications to change them may, where applicable, be assessed under the conditions in Articles 80 and 86.

There is no single employment requirement that applies to everyone. Different circumstances may qualify a person to change their permit.

Case 1. People working as employees

The simplest situation is usually when someone is working and can provide evidence of their employment.

Options under Article 80 include:

A. Maintain an employment relationship.

The regulations recognize continued employment as a ground for renewal. For DA20 and DA21 permits, the immigration office must assess whether this applies to a change of status, bearing in mind that the original permit was not always granted on the basis of a specific job contract.

B. Have worked for at least three months during the year.

Working for those three months alone is not enough. At least one of the legally established circumstances must also apply, such as:

• Have a new contract and be registered with Social Security or in an equivalent status.
Have a new contract that meets the regulatory requirements.
• Have lost the job for reasons beyond their control and provide evidence of continuous jobseeker registration since then, as required.

C. Have worked and been registered with Social Security for at least nine months in a 12-month period.

This is another situation expressly provided for in Article 80.

D. Receiving unemployment benefits.

A permit change may be possible if the person receives contributory unemployment benefit or public assistance intended to support social or labour-market integration, in the cases provided for by law.

E. Having certain family financial resources.

The rules also cover cases where a relative who meets the conditions in Article 66 has the financial means to sponsor the applicant through family reunification.

Specific provisions also apply in certain cases of gender-based or sexual violence that have affected continuity of employment.

A person does not have to meet all these conditions at once. They must show that at least one condition relevant to their situation applies.

Case 2. Self-employed people

People engaged in self-employment may apply to change their permit under the conditions in Article 86.

Examples include continuing the business activity, recognition of entitlement to protection for cessation of activity, and certain cases involving family financial dependence or involuntary termination of a professional activity.

For people who continue working as self-employed, it will be especially important to keep:

• Proof of registration in the relevant Social Security scheme.
• Documents relating to the business activity.
• Tax returns and invoices.
• Evidence that the activity is continuing and that applicable obligations are being met.

The supporting documents will depend on the ground used to apply for the change.

Case 3. People who have lost their jobs

Losing a job during the first year does not automatically mean losing the possibility of changing residence status.

The regulations cover certain unemployment situations, previous contribution periods, benefits and family circumstances.

Before concluding that someone cannot change their permit, review their complete employment record, why their contracts ended and their status with the public employment service.

Registering as a jobseeker can be particularly important in some cases, but registration on its own does not guarantee approval of the change.

Case 4. People who have not been able to find work

This situation will require particularly careful assessment.

Some people were granted DA20 or DA21 permits because of family circumstances, vulnerability or their connection to an international protection procedure, without having a job.

If, as expiry approaches, they do not meet any of the conditions for changing status under Article 191, it may be necessary to consider the exceptional extensions specifically provided for DA20 and DA21 permits.

5. Will the new residence permit last four years?

Yes, when the change of status is granted under Article 191.3 of the Immigration Regulations.

This Article provides that, if the person meets the conditions for changing status after holding a residence permit valid for at least one year that already allowed them to work, the new permit will be valid for four years.

This is an important difference from the initial residence permit granted under the extraordinary regularization process, which is valid for one year.

However, a four-year term is not automatic: the relevant requirements must first be demonstrated.

Other types of change covered by Article 191, with different requirements, may result in a one-year permit.

6. Documents needed to change DA20 or DA21 residence status

Documents should be tailored to each applicant’s circumstances. As a practical guide, prepare the following.

Common documents

• Duly completed Form EX-26.
• Complete copy of a valid passport, travel document or registration certificate, as applicable.
• Decision granting the DA20 or DA21 residence permit.
• Copy of the TIE, if it has already been issued.
• Evidence supporting the ground for changing the permit.
Proof of payment of the applicable fees.
• Representation documents, if the application is submitted through a representative.

Passport alert: During the 2026 extraordinary regularization, certain expired documents were accepted. Do not assume this exception will automatically apply to ordinary changes of status in 2027. Check that your document is valid and review any special instructions that may apply to your nationality.

Documents by employment situation

Situation	Required documentation
Employed	Current employment contract, employment record and proof of registration with the Social Security system.
Change of company	New contract, registration or documents that substantiate the applicable circumstance.
Work during part of the year	Employment record, contracts, termination documents and other evidence supporting the relevant Article 80 circumstance.
Involuntary unemployment	Contract termination, registration as a jobseeker, and any other required supporting documents.
Unemployment benefit	Decision or certificate confirming the benefit awarded.
Self-employment	Registration, tax records, invoices and evidence that the business is ongoing.
Family financial dependence	Documents proving the family relationship and financial resources.
Children of compulsory school age in your care	Proof of school enrolment where applicable.

This table is for guidance: not every document is required from every person. As a general rule, applicants should not be asked to resubmit documents already provided as part of the initial regularization.

The administration can verify certain information ex officio and must comply with Article 28 of Law 39/2015 on documents already held by public authorities. 7. What if the residence permit cannot be changed? Exceptional extensions

Royal Decree 316/2026 provides an alternative for DA20 or DA21 permit holders who cannot qualify for the standard change of status.

This is not an automatic renewal. First, it must be established that the change of status is genuinely not possible, and then the extension requirements must be met.

One-year exceptional extension

It may be granted if either of the following two situations is established:

First option: active job search.

The person must show that they are actively seeking work and are properly registered with the public employment service.

For example, in Galicia, keep the Emprego Galicia registration up to date and retain evidence of the steps taken to find work.

Second option: integration effort report.

A favourable report from the competent regional authority may be submitted; it must expressly recommend the extension.

Among other things, the report may consider participation in training and learning the official languages of the region.

If granted, this extension will last one year.

Four-year exceptional extension

The regulations provide another option where duly justified circumstances prevent the person from accessing employment.

These include:

• Serious illness or disability of the applicant.
Certain cases of serious illness or disability affecting the applicant’s spouse or dependent children covered by the law, where this prevents access to employment.
• Having reached the statutory retirement age.

In these cases, if the requirements are met and the extension is granted, it will last four years.

It is not enough to state that there is an illness, disability or family circumstance: the specific facts and how they prevent access to employment must be evidenced.

Which form is used for the extension?

The specific forms for the extraordinary regularization expressly provide for these options:

• EX-31: for extensions of permits granted under DA20.
EX-32: for extensions of permits granted under DA21.

Do not confuse these with Form EX-26, which is used for the standard change of a residence permit.

8. Where should you submit the change application, and what fees must be paid?

The standard change application is processed by the Immigration Office responsible for the applicant’s place of residence.

Applications may be submitted through available electronic channels, such as the Mercurio platform, or through any other legally permitted filing channel.

Form EX-26 is used for the change of status.

For fees, check the applicable category on Form 790-052 and, where required for work permits, Form 790-062; the employer may be responsible for payment.

Check the amounts and fee categories when you file the application.

The general decision period for a change application is three months. If no decision is issued within that period, the applicable negative administrative silence rules apply, without affecting the administration’s duty to decide.

Once the new permit is granted, you must apply for a new TIE from the National Police within the applicable deadline and under the relevant conditions, usually within one month of the relevant date.

9. What should residents in Galicia bear in mind?

Residents in Galicia can prepare some particularly useful documents in advance.

Emprego Galicia. If the person loses their job, check as soon as possible whether they need to register as a jobseeker. In some cases, maintaining that registration is an important requirement.

Integration effort report. The Xunta de Galicia has procedure BS663A for requesting this report for temporary residence renewals.

Before requesting it for a DA20 or DA21 extension, check with the competent authority that it applies to the specific case and confirm the document requirements.

Training. Keep certificates from Spanish and Galician language courses, work-related skills courses and other training related to integration.

Social services. In cases of illness, disability, family difficulties or vulnerability, specific reports documenting the circumstances and their consequences may be needed.

Remember that the vulnerability report used to obtain a DA21 permit initially does not automatically replace the integration effort report that may be needed for a later extension.

10. Frequently asked questions about changing DA20 and DA21 permits

Do I need an employment contract to change my residence status?

Not in every case.

Article 80 covers different employment situations, benefits and family circumstances. A contract may be important, but it is not a universal requirement for every change of status.

Is having paid contributions for three months enough?

Not necessarily. When relying on the three months of work route, at least one of the additional conditions set out in Article 80 must also be met. < 2 > < 4 >

What if I worked for nine months during the year?

Article 80 includes having worked and been registered with Social Security for at least nine months in a 12-month period. You must provide evidence of that period and the relevant documents.

What if I have never worked since I obtained residence?

Check whether another route applies based on benefits, family circumstances or other relevant situations.

If the permit cannot be changed, consider whether an exceptional extension may be available for active job search, integration efforts or another legally justified circumstance.

Can I keep working while my change application is being processed?

Filing the application within the established deadlines extends the validity of the previous permit until a decision is made.

Keep proof of filing and check the specific conditions attached to your immigration status.

If I have a DA21 permit based on vulnerability, do I need to submit the vulnerability certificate again?

There is no general requirement to submit the certificate again to change the permit under Article 191.

What matters is meeting the requirements for the new permit. If an exceptional extension applies, provide the documents specific to that route.

Do I need to apply for an arraigo residence permit again?

No. If you already obtained a permit under DA20 or DA21, look into changing or extending it under the rules for continuing that permit, rather than filing a new extraordinary regularization application.

The deadline for initial regularization applications ended on 30 June 2026.

What happens if my partner or children also obtained residence permits?

Each permit must be reviewed under its own rules and validity dates. Adults with their own permits may need to follow a separate procedure; different rules may apply to minors.

Do not assume that changing one parent’s permit automatically changes permits held by the rest of the family.

11. SenValos recommendations: start preparing for the change before 2027

Although the first extraordinary regularization permits will reach their one-year mark in 2027, we recommend preparing the documents now.

It is especially important to:

1. Check the permit’s actual expiry date.
Keep employment contracts and Social Security registration and deregistration records.
2. Check contribution periods using the employment history report.
4. Keep jobseeker registration where required and retain evidence of active job search.
Keep certificates of training and integration, especially if finding work is difficult.
5. Seek advice before the change application window opens if there are unemployment, illness, disability or family circumstances.

The 2026 extraordinary regularization was an important opportunity to obtain legal residence. The next goal is to secure that status and avoid jeopardising its continuity because of missing information or documents.

Need help changing your DA20 or DA21 residence permit?

At SenValos, an NGO, we support migrants with immigration and residence procedures in Spain.

If you obtained a permit under DA20 or DA21, we can advise you on the requirements for your case, the documents you need and the deadlines to meet.

Do not wait until your permit expires to check whether you can change it.

The best option will depend on your employment, family and personal circumstances.

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Official sources and legislation consulted

This article was prepared based on the legislation and guidance available as of 30 October 2026. Since initial status changes will mainly be processed in 2027, check for legislative amendments or new instructions before filing each application.

• Real Decreto 316/2026, de 14 de abril: disposiciones adicionales 20.ª y 21.ª.
• Real Decreto 1155/2024, Reglamento de Extranjería: artículos 80, 86 y 191.
• Ministerio de Inclusión: Hoja informativa 55, modificación de autorizaciones de residencia que habilitan a trabajar.
• Migration Management Guideline 1/2025 of the Directorate-General for Migration Management.
• Xunta de Galicia: procedure BS663A, integration effort report.

Have you been granted residence through the 2026 extraordinary regularization and do you still have a pending asylum application or appeal?

Then there is an important step you need to take: submit the withdrawal of your asylum application or appeal, depending on your situation.

Don’t worry if you don’t know what this means. In this ONGD SenValos guide, we explain in simple words when you should do it, where to submit it, which documents you need, and how you can obtain your residence card afterwards.

The most important thing: what do you have to do?

If you have been granted residence under Additional Provision 20 (DA20), these are the steps:

1. Receive the favorable decision on your residence application. It is not enough for your application to have been admitted for processing.
2. Check the status of your asylum case. It may still be pending, rejected, or under appeal.
3. Submit the withdrawal if your asylum application or appeal is still open.
4. Save the official submission receipt. This document is essential.
5. Apply for your Foreigner Identity Card (TIE) during the month immediately following the granting of residence.
6. Go to the National Police station to have your fingerprints taken, with the required documents.

Very important: do not submit the withdrawal before you are granted residence.

The law states that the withdrawal must be submitted after the favorable decision. It also requires proof that you requested it when applying for the card.

You can check this in Additional Provision 20 of Royal Decree 1155/2024, introduced by Royal Decree 316/2026.

1. What does withdrawing an asylum application mean?

Let’s explain it with an example.

María is from Colombia and applied for asylum in Spain because she was afraid to return to her country.

While she was waiting for a response, she applied for residence through the 2026 extraordinary regularization.

The Spanish Government has now granted her that residence.

María must inform the authorities that she does not wish to continue with her pending asylum application.

This is called withdrawal.

It is like saying:

“I have received a residence permit in Spain, so I request that my pending asylum procedure be closed.”

But there is an important difference:

• Withdrawal: asking for a pending application or appeal to be closed.
• Renunciation: voluntarily giving up protection that has already been granted to you.

They are not the same. That is why you must choose the correct procedure.

You should also bear in mind that asylum protects against certain dangers in the country of origin. Residence based on roots does not offer exactly the same protection. If you fear for your safety or that of your family, seek legal advice before formalizing any withdrawal.

2. When do I have to request the withdrawal?

The answer is very simple: after receiving the favorable decision granting DA20 residence.

Look at these three examples.

Case A. I have submitted the regularization application, but I still have no response.

Do not submit the withdrawal yet.

Case B. I have received a notification that allows me to work temporarily.

You should not submit the withdrawal for this reason either. This notification is not the definitive grant of residence.

Case C. I already have a decision granting me residence authorization under DA20.

Now you can. You must check which asylum procedure is open and submit the corresponding withdrawal.

Remember that the deadline for submitting new extraordinary regularization applications ended on 30 June 2026. This guide is mainly for people who already applied for authorization and are receiving their decision.

3. Where is an asylum withdrawal submitted?

The withdrawal is not submitted to the Immigration Office that granted you residence. You must address it to the body handling your asylum procedure or appeal.

The responsible authority is the Ministry of the Interior.

These are the official links you need:

To download the form:

Ministry of the Interior – Application to withdraw or renounce international protection

If the direct link changes, you can find it in the Asylum and Refuge Portal under Documentation by registration.

To complete the procedure online:

General Electronic Registry of the State Administration (RedSARA)

To consult the specific asylum and appeal procedures:

Ministry of the Interior e-Office – Asylum and Refuge

If you do not have a digital certificate or cannot complete the procedure online, you can also submit it in person at a registry assistance office.

4. How to request asylum withdrawal online

If your asylum application is still pending and you have already been granted DA20 residence, you can complete the procedure by following these steps.

Step 1. Prepare your documents

Have the following ready:

• Your NIE.
• Your asylum case number, if you have one.
• Your international protection applicant document, such as the red card or receipt.
• The favorable decision granting your DA20 residence.
• A document proving your identity.
• The official withdrawal form, completed and signed.

If another person submits the document on your behalf, they must also prove that they can represent you.

Step 2. Download and complete the form

Go to the Asylum and Refuge Portal and look for the withdrawal or renunciation application.

Enter your personal details exactly as they appear on your documents.

Select the option to withdraw the international protection application if your asylum case has not yet been decided.

Pay particular attention to the NIE, case number, and signature.

Step 3. Go to the General Electronic Registry

Go to:

https://rec.redsara.es/registro/action/are/acceso.do

Identify yourself using an accepted electronic system that allows you to sign the submission, such as a digital certificate or electronic ID. Check the identification options available.

Step 4. Select the recipient body

If your asylum application is still pending, address the document to:

General Subdirectorate for International Protection and Statelessness.

Body code: EA0054388.

This information is important because it allows your application to be sent correctly.

In the subject line, you can write:

IP: WITHDRAWAL – International protection case [YOUR CASE NUMBER] – NIE [YOUR NIE]

Step 5. Attach the documents and submit the application

Attach the signed form and the necessary documents.

Review all the information before submitting it.

Then sign and electronically register the application.

Step 6. Download the receipt

When you finish, the registry should generate a receipt containing information such as the date and registration number.

Download and save that receipt.

Also keep a copy of all the documents you submitted.

That receipt is the document you will need to prove that you requested the withdrawal when applying for your TIE.

5. How to request withdrawal without a digital certificate

You can also do it in person.

Step 1. Prepare the form

Download, print, complete, and sign the official withdrawal form.

Attach a copy of the necessary documentation.

Step 2. Find a registry office

You can use this official search tool:

Buscador de oficinas de asistencia en materia de registros

Check the office hours and whether you need to make an appointment.

Step 3. Submit the documentation

State that you wish to register an application addressed to the General Subdirectorate for International Protection and Statelessness, body code EA0054388.

Ask for proof of submission.

You can also use Correos’ administrative mail service. If you choose this option, expressly request that service and make sure you obtain valid proof of submission and its date. Do not confuse it with sending an ordinary letter.

SenValos advice: do not submit original documents unless necessary, and always keep a copy of everything you submit.

6. What happens if my asylum application was rejected and I filed an appeal?

This situation is very common, but the procedure changes.

Imagine that Ahmed applied for asylum in 2024. In 2025 it was rejected, so he filed an administrative reconsideration appeal because he disagreed.

He later applied for extraordinary regularization and was granted DA20 residence.

Ahmed no longer has a pending initial asylum application. He has an appeal against the rejection pending.

Therefore, he must request withdrawal of that appeal.

If you have an administrative reconsideration appeal

You can consult the specific procedure on the Ministry of the Interior e-Office.

Look for the option:

Request for a decision on withdrawal of an administrative reconsideration appeal.

If you use the General Electronic Registry, you must address the document to:

General Subdirectorate for General and Legal Affairs of International Protection.

Code: EA0054387.

In the subject line, you can write:

APPEALS: WITHDRAWAL – Administrative reconsideration appeal – Case [NUMBER] – NIE [YOUR NIE]

Clearly state that you are withdrawing the appeal filed against the decision that denied your international protection application.

Save the receipt.

Do not use the withdrawal form for the initial application as if the asylum case were still pending. These are different situations.

If you have an appeal before a court or tribunal

Here, the procedure changes completely.

If you filed a judicial administrative appeal, you must tell your lawyer that you have been granted DA20 residence.

Your legal professional will have to process the withdrawal before the court or tribunal itself, with a court representative involved where required.

It is not enough to send a withdrawal form for the judicial appeal to the Ministry of the Interior.

Ask your lawyer for a copy of the document submitted and proof of its filing with the court so you can prove the procedure when applying for your TIE.

It is also advisable that your lawyer inform you of the possible consequences of withdrawal, including the costs of the proceedings.

7. I have the withdrawal receipt. What do I do now?

The next step is to apply for your Foreigner Identity Card (TIE), commonly known as a residence card.

Additional Provision 20 states that you must apply for it during the month immediately following the granting of the authorization, providing proof that you requested the withdrawal where applicable.

Do not confuse these two documents:

• Favorable decision: it proves that you have been granted residence authorization.
• TIE: it is the physical card used to prove that authorization.

Your DA20 authorization creates rights from the moment it is granted. You do not have to wait to receive the physical card for those rights to arise.

How to request a fingerprint appointment

Go to:

Immigration appointment – General State Administration

Select your province and look for the National Police procedure for fingerprinting and card issuance.

The name usually appears as:

POLICE – FINGERPRINTING (CARD ISSUANCE).

Follow your province’s instructions.

What documents should you prepare

You will usually need:

1. Favorable decision granting DA20 residence.
2. Proof of submission of the asylum or appeal withdrawal, where applicable.
3. Card application using form EX-17.
4. Passport or other accepted identity document in accordance with the applicable instructions.
5. Proof of payment of fee 790, code 012, for issuing the TIE.
6. Recent photograph meeting the required specifications.
7. Additional documents requested by the Police, for example, to prove a change of address.

Official links:

• Download form EX-17
• National Police fee 790, code 012
• Appointment for fingerprinting

If your passport has expired, pay attention: the extraordinary regularization allowed the residence application to be submitted with certain expired documents, but this does not mean that the same requirements automatically apply when issuing the TIE. There are specific police instructions for the card, including Instruction 7/2026. Check your situation before going to have your fingerprints taken.

8. Practical cases: identify your situation

Not everyone who applied for asylum has to do exactly the same thing.

Case 1. I have the red card and have been granted DA20 residence

What to do: check that your asylum application is still pending, submit its withdrawal, and keep the receipt for the TIE.

Do not destroy your red card. Follow the Police instructions on returning or replacing it.

Case 2. My red card has expired and I have not received a response on asylum

What to do: check the status of the procedure. If it is still open and you have a favorable DA20 decision, submit the withdrawal.

The expiry of the card alone does not mean that the asylum application has been rejected or closed.

Case 3. My asylum application was denied, but I filed an administrative reconsideration appeal

What to do: request withdrawal of the appeal from the competent unit, EA0054387, or use the specific electronic procedure.

Do not submit another withdrawal of the initial application.

Case 4. My asylum application was rejected and I never filed an appeal

What to do: check that the rejection is final and that no procedure is pending.

If there is no open application or appeal, you cannot withdraw from a procedure that has already ended.

Keep the rejection decision and, if the Police ask you to prove that the asylum case is closed, submit that documentation and ask how your situation should be documented.

Do not submit a fictitious withdrawal just to obtain a receipt.

Case 5. I filed an asylum appeal before a court

What to do: contact your lawyer to submit the judicial withdrawal and obtain the corresponding receipt.

Do not use the administrative registry as a substitute for the judicial procedure.

Case 6. I had already withdrawn from asylum before receiving my residence

What to do: you do not automatically have to repeat the withdrawal. Look for the original receipt and, if available, the decision declaring the procedure closed.

Keep them with your residence documents.

If you cannot find them, request a copy or proof through the official international protection channels.

Case 7. I have an appeal rejected by administrative silence

What to do: do not assume that everything is closed. Check whether the appeal is still awaiting an express decision, whether you have started court proceedings, or whether a later decision has been issued.

Depending on the actual status of the case, you may need to withdraw the administrative or judicial appeal.

Case 8. My partner and I applied for asylum and have received residence

What to do: review each person’s case file.

If each person has their own procedure or appeal, you must complete the procedure corresponding to each case file.

One person’s withdrawal does not automatically replace their partner’s withdrawal.

Case 9. I have minor children included in my asylum application

What to do: before withdrawing, check how the minors are listed in the case file and what protection they have.

If they are linked to the main application, the withdrawal may affect them. You must check whether they have independent applications, a family extension, or their own protection circumstances.

You must also check which residence authorizations they have been granted.

Do not submit the withdrawal without reviewing your children’s situation.

Case 10. I already have residence, but I have now been granted asylum

What to do: do not submit a renunciation without legal advice.

Granted international protection is not the same as a pending application. Refugee or subsidiary protection status may confer different rights from residence based on roots.

Both decisions must be studied before deciding what should be done.

Case 11. My DA20 regularization was rejected and I am still waiting for the asylum decision.

What to do: do not withdraw from asylum simply because you have applied for regularization.

If DA20 was rejected, consider the available appeals or alternatives and continue monitoring your international protection.

Case 12. I already submitted the withdrawal, but the Interior Ministry has not yet replied

What to do: keep the official receipt.

DA20 requires you to prove that you submitted the withdrawal request. As a general requirement for applying for the TIE, it does not require you to already have the final decision accepting it.

Therefore, you should not delay your card application while waiting indefinitely for a reply from the Ministry of the Interior.

Case 13. I have been granted residence but cannot find a fingerprinting appointment.

The regulations require you to apply for the TIE during the month following the grant of residence. Do not wait until that period ends to try to resolve the problem.

The regulations require you to apply for the TIE within the month following the grant of residence. Do not wait until that deadline is about to expire before trying to resolve the problem.

Not having the physical card does not by itself mean that your residence authorization has disappeared, but you still have an obligation to obtain your identity documentation.

Case 14. I am working and I am afraid of losing my job if I withdraw from asylum

What to do: if you have already been granted DA20 residence, this authorization allows you to work both as an employee and as a self-employed person.

Your authorization to work no longer depends on the asylum procedure and is instead supported by your new residence.

Keep your favorable decision and give your employer any documents needed to update your employment records.

Case 15. I am in a reception program for asylum applicants

DA20 residence and the closure of the asylum procedure may affect your continued participation in certain programs or benefits that depend on your status as an international protection applicant.

DA20 residence and the closure of the asylum procedure may affect your continued participation in certain programs or benefits that depend on your status as an international protection applicant.

Do not assume that all benefits end or that they all continue. Ask for information about the specific rules of the program you participate in.

9. Simple withdrawal application template

When the official form allows you to attach an explanatory document, you can use the following text as a reference.

Template for a pending asylum application

SUBJECT: WITHDRAWAL OF INTERNATIONAL PROTECTION APPLICATION

To the General Subdirectorate for International Protection and Statelessness (EA0054388).

I, [FULL NAME], with NIE [NIE], holder of international protection case number [CASE NUMBER],

EXPONGO:

That I have an international protection application pending a decision in Spain.

That I have received a favorable decision granting temporary residence authorization on the basis of exceptional circumstances under Additional Provision 20 of the Immigration Regulations, introduced by Royal Decree 316/2026.

I REQUEST:

That my express withdrawal from the above-mentioned international protection application be accepted and that the procedure be terminated in accordance with the applicable regulations.

In [PLACE], on [DATE].

Signature: [SIGNATURE].

Template for a pending administrative appeal

SUBJECT: WITHDRAWAL OF ADMINISTRATIVE RECONSIDERATION APPEAL REGARDING INTERNATIONAL PROTECTION

To the General Subdirectorate for International Protection Legal and General Affairs (EA0054387).

I, [FULL NAME], with NIE [NIE], regarding the administrative reconsideration appeal filed against the decision in my international protection case number [NUMBER],

I STATE:

That I filed an appeal for reconsideration against the decision on my international protection application.

That I have received a favorable decision granting residence authorization under Additional Provision 20 of the Immigration Regulations.

I REQUEST:

That my express withdrawal from the indicated appeal for reconsideration be accepted and the corresponding procedure be terminated.

In [PLACE], on [DATE].

Signature: [SIGNATURE].

Important: these are guidance templates. They do not replace the official form and must not be used to withdraw from a judicial procedure.

10. Frequently asked questions about asylum withdrawal and DA20 regularization

Is it mandatory to withdraw from asylum after DA20 residence is granted?

Yes, when the international protection application or an appeal is still pending. DA20 expressly establishes this obligation when the authorization is granted.

If your procedure has already ended, you must document its status without inventing a new withdrawal.

Can I submit the withdrawal before my residence is approved?

This is not the order provided for by DA20. The appropriate course is to wait for the favorable decision. Withdrawing beforehand could cause you to lose your status as an asylum applicant before the new residence has been granted.

Where is an asylum withdrawal submitted in Spain?

It can be submitted through the official Ministry of the Interior channels, electronically or in person. If it concerns a judicial appeal, the withdrawal must be processed before the competent court or tribunal.

Do I need a lawyer to withdraw my asylum application?

For a pending administrative asylum application, you can normally submit the withdrawal yourself through the available channels.

If there is a judicial appeal, you must handle it with the professional responsible for the proceedings.

How long does the Ministry of the Interior take to accept the withdrawal?

The time may vary. To apply for your TIE under DA20, the essential document is the official receipt proving that you submitted the corresponding withdrawal.

Can I apply for the TIE without having the decision accepting the withdrawal?

DA20 requires proof that you requested the withdrawal, not necessarily a final administrative decision.

Do I have to pay a fee to submit the withdrawal?

Do not confuse the withdrawal with the TIE issuance procedure, which does require the corresponding fee using form 790, code 012.

If you use postal services or professional representation, they may have their own costs.

How long does residence granted under DA20 last?

The initial residence authorization is valid for one year and allows both employed and self-employed work. Before it expires, you must check which modification or extension route applies to your situation.

Can I travel to my country after withdrawing from asylum?

Do not confuse having residence with having all the documents needed to travel.

Before travelling, check that you have a valid passport and residence documents, that you can return to Spain, and that there are no specific restrictions.

If you applied for asylum because you were at risk in your country, it is especially important to assess the consequences of returning there.

Where can I get help if I have questions?

You can consult an organization specializing in immigration and asylum, a lawyer, or the relevant administrative services.

If your case involves minors, judicial appeals, risks of persecution, or conflicting decisions, it is advisable to obtain individualized legal advice.

11. Before you finish, review this checklist

• I have the favorable decision granting DA20 residence.
• I know whether my asylum case is pending, rejected, closed, or under appeal.
• I have chosen the correct procedure.
• I have completed and signed the relevant document.
• I have submitted the withdrawal to the competent authority, where applicable.
• I have downloaded and saved the official receipt.
• I have prepared the EX-17 form and the TIE issuance fee.
• I have requested the fingerprinting appointment within the legal deadline.
• I have checked the situation of my family members, especially minors.
• I have kept a copy of all the steps I have taken.

Do you need help with withdrawing your asylum application or obtaining your residence card?

At ONGD SenValos, we support migrants through their social inclusion processes and immigration and international protection procedures.

We know that receiving a favorable decision is good news, but also that the subsequent procedures can raise many questions.

If you have been granted residence through the extraordinary regularization and do not know how to submit your asylum withdrawal, withdraw your appeal, or obtain your TIE, you can contact our team to ask about guidance and support options.

Our aim is for you to know your rights and complete your procedures with clear and reliable information.

Related information

You may also be interested in these guides published by SenValos:

• New immigration criteria for the 2026 extraordinary regularization
• Admission for processing of the 2026 regularization: what it means and when it allows you to work.

Official sources

• Royal Decree 316/2026 of 14 April: Additional Provision 20.
  https://www.boe.es/eli/es/rd/2026/04/14/316
• Ley 39/2015, de Procedimiento Administrativo Común, artículo 94.
• Ministry of the Interior: international protection documents and forms.
  https://proteccion-asilo.interior.gob.es/es/documentacion-registro/
• Ministry of the Interior: electronic Asylum and Refuge procedures.
  https://sede.interior.gob.es/portal/sede/tramites?idAgrupacion=3
• General Electronic Registry.
• Ministry of Inclusion, Social Security and Migration: official information on extraordinary regularization.
  https://www.inclusion.gob.es/es/simulador-de-requisitos-regularizacion-extraordinaria-2026

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

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

The main idea is simple:

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

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

Let us explain it step by step.

Quick summary: what changes for foreign doctoral students?

The most important point is this:

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

The criterion was officially published on 11 August 2026.

Why is a PhD now considered research?

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

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

A PhD is different.

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

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

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

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

Put simply:

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

Which permit must a foreign doctoral student apply for now?

The route established by Management Criterion 2/2026 is:

National research residence authorisation

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

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

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

Who processes this residence application?

There is also an important practical change here.

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

The responsibility lies with the:

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

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

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

Can the student submit the application themselves?

Yes.

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

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

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

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

Is an employment contract required to pursue a PhD?

Not necessarily.

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

Therefore, we must distinguish between two situations:

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

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

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

What documents does a doctoral student without a contract need?

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

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

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

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

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

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

This does not mean that they must receive a salary.

Financial means can be demonstrated through the relevant documentation.

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

What health insurance is required?

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

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

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

What if the person is still outside Spain?

The procedure has two steps.

Step 1: Apply for residence

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

Step 2: Apply for the visa

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

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

What if I am already in Spain?

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

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

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

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

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

The new criterion is especially clear on this point.

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

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

Therefore:

PhD ≠ ordinary study stay.

According to Criterion 2/2026:

PhD → national research residence.

Does this also affect a university master’s degree?

No.

The criterion we are explaining refers specifically to PhD studies.

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

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

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

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

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

How long does the authorisation take?

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

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

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

How long does this residence last?

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

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

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

Can the doctoral student’s family come with them?

Yes, when the requirements are met.

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

They may include:

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

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

A very simple example

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

María does not have an employment contract with the university.

Before, she might think:

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

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

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

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

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

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

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

This point requires caution.

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

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

The following will have to be checked:

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

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

Is Management Criterion 2/2026 a new law?

No.

This is also important.

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

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

Its main legal basis is:

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

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

Frequently asked questions about PhD studies and research residence

Does a foreign doctoral student need a study stay?

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

Does the university have to submit the application?

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

Do I need an employment contract?

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

Where is the application submitted?

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

Can I apply while in Spain?

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

What if I am outside Spain?

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

Can I bring my family?

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

Is any course called a “PhD” acceptable?

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

What do we recommend at SenValos?

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

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

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

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

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

Official sources

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

Management Criteria of the Ministry of Inclusion

Official information on research residence

Law 14/2013 in the BOE

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

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

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

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

The Supreme Court has not overturned the entire Immigration Regulations.

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

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

Quick summary: what has the Supreme Court overturned?

The main changes are as follows:

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

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

1. Temporary work agencies may participate in seasonal work

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

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

The Supreme Court has overturned that prohibition.

What does this mean?

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

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

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

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

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

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

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

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

¿Qué cambia?

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

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

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

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

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

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

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

A simple example

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

The mother is financially dependent on her daughter.

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

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

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

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

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

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

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

Does this mean that criminal records no longer matter?

No, it has not.

Criminal records may still be relevant.

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

It must assess that person’s case.

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

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

The Supreme Court also removes:

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

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

This does not remove the other requirements for these authorizations.

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

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

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

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

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

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

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

The Supreme Court has corrected this situation.

What counts now?

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

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

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

Un niño nace en A Coruña.

Vive normalmente con sus padres en Galicia.

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

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

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

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

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

No, it has not.

This point is very important.

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

Therefore, we must not confuse the two issues.

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

7. Guardianships established outside Spain

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

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

The Supreme Court has annulled that condition.

What does this mean?

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

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

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

8. Minors whose age is unclear must receive immediate care

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

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

La consecuencia es importante.

The consequence is important.

En palabras sencillas:

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

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

9. El Supremo anula el artículo sobre tramitación electrónica obligatoria

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

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

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

Can the Government require electronic procedures again?

Yes.

The Supreme Court expressly leaves this possibility open.

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

Specifically, that requirement must be justified and proportionate.

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

Has the Supreme Court annulled the new Immigration Regulations?

No, it has not.

This is one of the most important points.

The Supreme Court upheld the appeal only in part.

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

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

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

¿Desde cuándo deben tenerse en cuenta estos cambios?

The judgment was issued on 8 July 2026.

The rectification order is dated 1 September 2026.

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

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

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

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

Can a minor born in Spain travel abroad?

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

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

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

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

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

¿Tener antecedentes penales ya no afecta a una residencia?

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

Is it no longer mandatory to submit immigration applications online?

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

Has the entire Immigration Regulations been annulled?

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

Can this judgment affect a case that is already pending?

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

For example, a case deserves special review if:

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

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

What do we recommend at SenValos?

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

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

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

This information was last updated on 25 September 2026.

Official sources

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

Judgment and rectification order in the BOE

Consolidated text of the Immigration Regulations

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

The situation is more specific.

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

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

Let us explain it step by step.

Quick summary: what happened with the Law of Grandchildren?

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

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

(Ministry of Foreign Affairs)

What is the “Law of Grandchildren” really?

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

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

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

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

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

New applications can no longer be submitted.

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

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

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

Therefore:

22 October 2025 = deadline for correctly starting the application.

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

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

This is the main development.

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

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

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

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

Has the Supreme Court taken away Spanish nationality?

No, it has not.

This is probably the most important question.

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

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

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

Therefore, these are two different things:

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

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

Which people are affected by the decision?

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

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

There are two situations within this group.

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

Their electoral registration application may continue to be processed.

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

2. People who were already registered in the CERA

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

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

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

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

The Supreme Court itself has established an exception.

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

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

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

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

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

Why is there now a problem with proof of exile?

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

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

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

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

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

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

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

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

Does this mean that all granted nationalities will be reviewed?

As of 18 September 2026, that cannot be stated.

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

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

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

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

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

None of those statements accurately describes the current situation.

My application is still pending. Will it be suspended?

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

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

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

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

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

It concerns registration and electoral effects in the CERA.

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

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

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

No, it does not.

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

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

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

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

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

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

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

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

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

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

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

INE electoral census registration check

What should an affected person do now?

There is no need to submit documents indiscriminately.

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

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

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

Frequently asked questions about the Law of Grandchildren in 2026

Has the Law of Grandchildren been annulled?

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

Have the descendants of Spaniards had their nationality taken away?

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

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

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

Can pending applications continue to be processed?

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

What is the CERA?

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

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

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

Is the Supreme Court decision final?

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

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

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

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

What may happen from now on?

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

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

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

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

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

Do you need to review your case?

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

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

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

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

Law 20/2022 on Democratic Memory in the BOE

Instruction of 25 October 2022 on Spanish nationality

Central Electoral Board Agreement 224/2026

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

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

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

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

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

Key dates to keep in mind

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

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

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

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

1) General requirements (mandatory)

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

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

2) In addition: you must meet at least o

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

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

How to prepare your file: a practical guide

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

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

This folder should contain, at a minimum:

A) Identidad

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

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

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

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

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

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

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

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

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

Choose your main path: employment, family unity or vulnerability

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

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

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

What to prepare:

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

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

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

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

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

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

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

This path may be proven:

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

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

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

Criminal records: how to prevent your file from being blocked

The draft includes very useful rules:

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

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

What happens if you have return proceedings or a return decision

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

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

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

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

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

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

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

Duration, renewal and steps after approval

According to the draft:

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

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

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

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

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

Common mistakes to avoid

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

Frequently asked questions

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

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

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

To conclude: preparing now puts you in a better position

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