The 2026 extraordinary regularisation does not only affect migrants and asylum seekers. It also affects, and significantly so, companies, self-employed employers and organisations that already have or want to have foreign staff on their workforce.
https://www.inclusion.gob.es/regularizacion
For a company, this process can solve a very specific problem: how to provide legal continuity to the work of people who are already integrated into the organisation, but whose administrative situation was fragile, uncertain or directly irregular. This is especially relevant in cases involving asylum seekers whose application or appeal has not yet been resolved, and people who were already working or could work but whose continuity raised operational and compliance concerns. The royal decree follows this logic: integrating people who are already in Spain, reducing the informal economy, strengthening contributions and providing stability to the labour market.
Why this regularisation matters to companies
The regulation explains the measure’s economic and labour approach quite clearly. The Government justifies the reform because the full incorporation of foreign nationals into the administrative and economic system strengthens Social Security, improves tax collection, reduces the shadow economy and promotes a more transparent and efficient labour market. It also links the measure to the need to fill vacancies in sectors facing recruitment difficulties.
In business terms, this means three things:
1. It helps stabilise the workforce
If a person is already working or is a genuine candidate for joining the company, this route can turn a precarious or uncertain situation into an employment relationship with greater legal certainty.
2. It reduces operational risk
When the authorisation to work depends on a lengthy asylum procedure, a renewal or a pending appeal, the company operates under uncertainty. This regularisation creates a specific route for bringing that situation into order.
3. It makes it easier to retain trained talent
Many companies have invested time in training people who already know the job, the workplace language and the internal dynamics. This process can prevent that investment from being lost.
Who may be interested in this procedure from a business perspective
The extraordinary regularisation is aimed at two broad groups:
1. People seeking international protection
Those who submitted their application for international protection before 1 January 2026 may apply. The royal decree itself adds something crucial for companies: this route also covers people whose application or appeal has not yet been resolved.
This is precisely the situation in many workforces where the company has a person who:
- applied for asylum some time ago,
- may have worked with asylum documentation,
- lodged an appeal,
- and remains in administrative limbo.
For these cases, the new 20th Additional Provision creates a specific route based on arraigo.
2. People in an irregular administrative situation
The 21st Additional Provision is intended for people who were in Spain before 1 January 2026 and who can also prove one of the following three elements:
- having worked or intending to work,
- living with their family unit,
- or being in a situation of vulnerability.
For companies, the first case is particularly relevant: having worked or submitting a work commitment. The EX-32 form expressly states that this route may be evidenced with a copy of the contract, documentation of work already carried out or a job offer that must be formalised during the provisional permit recognised while the application is being processed.
https://www.inclusion.gob.es/documents/d/migraciones/ex32-formulario-autorizacion-de-residencia-por-circunstancias-excepcionales-por-razon-de-arraigo-extraordinario-da21-.pdf
The key point for employers: when can the person work?
This is the key fact.
The regulation establishes that, both under the route for applicants for international protection and under the extraordinary arraigo route, from the notification that processing of the application has begun, the person is provisionally authorised to reside and work as an employee or self-employed person until the procedure is resolved. The maximum resolution period is three months.
In addition, the royal decree specifies that:
- the provisional authorisation to work must appear in the notification that processing has begun;
- if the application is refused, the provisional authorisation automatically loses its validity;
- and if the person was working as an employee under that provisional authorisation, they must immediately inform the company of the outcome of the decision.
What this means in practice
For a company, the decisive document is not a future promise or a simple draft. It is the notification that processing has begun and that records the provisional authorisation to work.
That distinction is fundamental:
- It is not enough for the person to say that they have already submitted the application.
- The prepared form is not enough.
- What allows the person to work is the administrative notification that recognises that provisional authorisation.
How a company benefits when the person was already working with asylum documentation or an appeal pending
This is probably the most useful scenario to explain to employers.
Typical case
A company has an employee who applied for asylum some time ago. Their international protection documents allowed them to work. A refusal or a complex situation then arose, and there is now an appeal, delays or uncertainty.
The new regulation responds precisely to this gap. The royal decree states that the new DA20 allows applicants for international protection whose application or appeal has not been resolved to access a temporary residence authorisation based on arraigo.
What it solves for the company
Above all, it solves four problems:
1. It provides an alternative route to stability
The company no longer depends solely on the uncertain progress of the asylum case.
2. It reduces the risk of losing someone who is already integrated
If the person knows the job and the organisation wants to retain them, this regularisation can help ensure continuity.
3. It prevents unnecessary interruptions
From the notification that processing has begun, the person is provisionally authorised to work.
4. It turns a provisional situation into clearer work authorisation
The authorisation granted is valid for one year and allows the person to reside and work as an employee or self-employed person, anywhere in Spanish territory, in any occupation or sector.
A note of caution
This needs to be very clear: it does not mean that the company can relax its document checks. Quite the opposite. The company must check at all times which document authorises the person to work:
- the asylum document, if it is still valid;
- or, where applicable, the notification that regularisation processing has begun and includes provisional authorisation;
- and subsequently, the authorisation granted and the corresponding TIE.
What the company should and should not do
What the company can do
Provide documentary support
If the person uses the extraordinary arraigo route on a work-related basis, the company can provide:
- a contract,
- a job offer or work commitment,
- or employment documentation that helps prove previous activity.
Prepare the employment so it can be formalised during the provisional permit
The EX-32 form specifically reflects this approach: there must be an offer that is formalised during the provisional processing period.
https://www.inclusion.gob.es/documents/d/migraciones/ex32-formulario-autorizacion-de-residencia-por-circunstancias-excepcionales-por-razon-de-arraigo-extraordinario-da21-.pdf
Register the person with Social Security when appropriate
In subsequent modification procedures, the effectiveness of the authorisation is conditional on registration with Social Security within one month of notification.
Submit the subsequent modification
When the time comes to modify the temporary authorisation into residence and work authorisation, the procedure may be submitted by the foreign national or the employer.
What the company should not do
Do not replace the applicant
The initial application for this regularisation must be made by the foreign national, personally or through a representative. The information sheets identify the foreign national or their representative as the person entitled to submit it.
Do not hire based solely on expectations
Until there is a valid document authorising work, the company must not act as though authorisation already existed.
Do not confuse “submission” with “authorisation”
Submitting the application does not automatically amount to permission to work. What matters is the notification that processing has begun and expressly recognises that provisional authorisation.
Which companies can benefit most?
This procedure will be especially useful for:
Hospitality and catering
Sectors with high staff turnover and difficulties filling positions where people are already integrated into the workforce.
Care and home support
Cases in which continuity and trust are decisive.
Agriculture, logistics, cleaning and ancillary services
Sectors where the company often already knows the person and wants to regularise their incorporation on a stable basis.
SMEs and self-employed employers
Especially when they already have someone with genuine roots in Spain and want to formalise or maintain the employment relationship with less uncertainty.
What happens after the initial authorisation?
The authorisation granted is valid for one year and allows the person to work anywhere in Spain, in any occupation or sector.
During the two months before it expires, the person may apply for a modification under Article 191 of the Regulation. They may also submit it within the following three months, although there is a risk of a penalty for filing late. Submission extends the validity of the previous authorisation until a decision is made.
For companies, this is important because the extraordinary regularisation is not just a short-term patch. If managed properly, it can become the gateway to a more stable residence and work situation.
At this modification stage, the employer becomes fully involved
The modification information sheet states:
- the person entitled to submit the application may be the foreign national or the employer;
- the employer pays fee 790-062 for the initial employee work authorisation;
https://sede.administracionespublicas.gob.es/pagina/index/directorio/tasa062 - the worker pays fee 790-052;
https://sede.administracionespublicas.gob.es/pagina/index/directorio/tasa052 - the resulting authorisation is valid for one year and is considered an initial residence and work authorisation;
- its effectiveness is conditional on registration with Social Security within one month.
Practical recommendations for companies
1. Review each case individually
Not every foreign national fits this regularisation. It is necessary to distinguish between:
- asylum seekers with a pending case or appeal,
- people in an irregular situation with a work-based route,
- and other profiles that may have a better route available.
2. Always request a copy of the authorising documentation
In particular:
- current asylum document, if it remains the basis,
- notification that processing has begun with provisional authorisation,
- favourable decision,
- TIE when it is issued.
3. Document the job offer or work commitment properly
In DA21 cases based on employment, the offer should be genuine, clear and consistent with the position.
4. Prepare the subsequent modification in good time
The company may take part later in the modification to residence and work authorisation. It is not advisable to wait until the last minute.
5. Coordinate immigration, employment and compliance matters
This regularisation has implications for hiring, Social Security, risk prevention and the internal filing of documents. It should not be viewed solely as an immigration procedure.
FAQ for companies and employers
Can the company submit the extraordinary regularisation application directly?
Not as a general rule for the initial application. Standing to apply belongs to the foreign national personally or to their representative.
Can the company help?
Yes. It can support the process with a job offer or work commitment, employment documentation and assistance during the subsequent modification stage.
Can an asylum seeker with a pending appeal apply?
Yes. The royal decree expressly states that this route covers people whose application or appeal has not been resolved.
Can the person continue working while the application is being decided?
Yes, but only from the notification that processing has begun and that recognises the provisional authorisation to work.
Does simply submitting the application already allow the company to hire?
It should not be considered valid on that basis alone. The decisive document is the administrative notification stating the provisional authorisation to work.
Does the final authorisation limit the sector, occupation or territory?
No. The authorisation granted allows the person to work as an employee or self-employed person anywhere in Spanish territory, in any occupation or sector of activity.
How long does the authorisation granted last?
One year. It is considered a temporary residence authorisation for exceptional circumstances on the basis of arraigo.
What happens if the application is refused?
The provisional authorisation to work automatically loses its validity. If the person was working as an employee, they must immediately inform the company of the outcome of the decision.
Does the company pay any fee?
At the subsequent stage of modifying the authorisation to residence and employment, yes. Fee 790-062 is paid by the employer, while fee 790-052 is paid by the foreign worker.
https://sede.administracionespublicas.gob.es/pagina/index/directorio/tasa062
https://sede.administracionespublicas.gob.es/pagina/index/directorio/tasa052
When must the person be registered with Social Security?
During the subsequent modification, within one month of notification that the authorisation has been granted, because its effectiveness is conditional on that registration.
Can this regularisation help retain staff?
Yes, and this is one of its clearest effects. It is a route for consolidating existing or imminent employment relationships with people who are already in Spain and already have genuine roots there. This is a reasonable conclusion based on the stated purpose of the regulation and the provisional authorisation to work during processing.
Conclusion
For companies, the 2026 extraordinary regularisation is not an unrelated matter. It is a practical tool for putting real employment situations that already exist in the daily life of many organisations in order.
Its value is particularly high in three scenarios:
- when the company already has an asylum seeker with a pending application or appeal;
- when it wants to turn a fragile relationship into employment backed by legal certainty;
- and when it needs to retain staff who already know the job and fit into the organisation.
The central idea is simple: this regularisation can turn uncertainty into continuity. But only if it is managed with rigorous documentation and without confusing expectations with effective authorisations.
