On 26 January 2026, a political agreement was announced to promote an extraordinary regularisation of foreign nationals already living in Spain. According to the information released, on Tuesday 27 January 2026, the Council of Ministers plans to approve the start of the processing of a Royal Decree that would articulate this process.
This is important: we are not yet looking at the final applicable text. The key practical factor will be the final Royal Decree and, above all, its publication in the Official State Gazette, together with the operating instructions (where to submit it, how to prove each requirement, internal deadlines, etc.). In the meantime, the smartest thing to do is to calmly gather information, avoid rumours and prepare documentation judiciously.
Below is a practical guide aimed at migrants, companies and employers who may benefit from this measure.
1) What is this extraordinary regularisation?
What was approved on 27 January is the formal start of the urgent processing of an extraordinary regularisation by Royal Decree, with the stated aim of providing legal certainty and bringing order to a situation that already exists in the country.
The Administration has announced a provisional timetable: applications are expected to be accepted from early April 2026 (once the procedures for the final approval of the Royal Decree have been completed) and the process will remain open until 30 June 2026.
This point is crucial: between ‘announcement/start of processing’ and ‘fully operational procedure’, there are usually details that change on a daily basis (forms, submission channels, accepted documentation, evaluation criteria). Therefore, today the priority is not to ‘rush’, but to prepare yourself to do things right when the BOE sets the exact rules.
2) Who could benefit: key criteria announced
According to what has been published, the central elements would be:
- Cut-off date: be in Spain before 31 December 2025.
- Minimum stay: proof of at least five months‘ stay/residence.
- Criminal record: no relevant/serious criminal record (the exact wording will depend on the final text).
- Groups: it is mentioned that it would cover people in an irregular situation and also asylum seekers (under the terms to be defined).
The official information already published expressly includes applicants for international protection, provided that they can prove that they submitted their application before 31 December 2025. In this case, the general requirement of a minimum stay of five months does not apply, because the criterion is based on the date of submission of the application for international protection.
For individuals who are in the appeal phase, following the denial of a red card or asylum, and who continue to be authorised to work due to the granting of precautionary measures (or other current coverage), it will be necessary to verify two aspects at the same time:
- Plan 1 (extraordinary regularisation): the person either meets or does not meet the criteria that are ultimately confirmed for applicants for international protection (date of application, supporting documentation and absence of impediments).
- Plan 2 (current work situation): the employment relationship continues to be based on a valid work permit (red card/renewals and, if applicable, proof of appeal and precautionary measures).
Regularisation, if ultimately applied to these applicants for international protection, may open the way to a residence permit that is intended to be more stable and with a subsequent ‘leap’ to ordinary status. However, until the Royal Decree is finally approved and published, it is prudent not to take anything for granted.
Minors and families: are they eligible for extraordinary regularisation?
Yes, in principle, minors can be included in this process, but it is important to explain this clearly to avoid misunderstandings. According to the official guidelines issued after the start of the process, regularisation is not only intended for ‘individual adults’, but also to protect family stability. In practice, this means that when an adult submits their application for regularisation, their minor children who are already in Spain are expected to be able to regularise their status at the same time. In addition, it has been pointed out that authorisation for minors could be valid for a longer period (five years has been mentioned), precisely to provide continuity and prevent children and adolescents from being caught up in constant renewals.
In the case of minors who are applicants for international protection, the criterion announced for applicants (the date of application before 31/12/2025) could also be relevant, but the exact fit will depend on the final Royal Decree and what is published in the Official State Gazette.
3) Expected benefits if you take advantage of the measure: announced practical effects
In the absence of the final text in the Official State Gazette, there are several elements that have already been officially communicated which, if confirmed as they stand, will have a direct impact on your planning:
The regularisation process sets a cut-off date (being in Spain or having submitted an application for international protection before 31 December 2025) and requires, as a general condition, that applicants have no criminal record and do not pose a threat to public order.
As for the effects, the authorisation granted would be valid for an initial period of one year, after which the person would have to comply with the ordinary provisions of the Immigration Regulations in order to consolidate their status. And, especially important for working life: it has been indicated that, once the application has been submitted, admission to the process would be decided within a maximum period of 15 days and that, from that admission, the possibility of working would be enabled. The Administration also sets itself a maximum period of three months to reach a decision.
4) If you are a migrant: how to prepare yourself now (without making mistakes)
Until it is published in the Official State Gazette, it is wise to prepare evidence and organise your information. Some useful actions:
Gather evidence of permanence (with clear dates)
The following have been cited as examples of valid documentation:
- Register (registration).
- Reports or proof of medical appointments.
- Certificates of attendance at social resources.
- Rental agreement.
- Proof of money transfers.
- Transport tickets.
Practical recommendation: create a folder (physical and digital) and organise it by month. What usually goes wrong in these processes is not “not having anything”, but rather not being able to demonstrate continuity or not being able to date the presence correctly.
Check your identity documents.
Although the final documentation requirements have not yet been published, in administrative practice it is usually essential to have:
- Valid passport (if possible) or available identification documentation.
- Legible and consistent copies (first names, surnames, dates).
If there are any inconsistencies, it is advisable to correct them with advice before submitting anything.
Avoid risks: fraud, ‘shortcuts’ and false promises
In regularisation scenarios, scams arise (charges for appointments, simulated contracts, unlicensed ‘agents’). A simple rule: no one can guarantee you a result before there is a procedure in the Official State Gazette and before studying your case.
5) If you are a company or employer: what changes and how to make the most of them
For a company, this measure can mean something very specific: expanding access to talent that is already working or could work, but without a stable administrative pathway.
What opportunities does it open up?
- More legally secure hiring when the person obtains authorisation and legal registration.
- Reduction in staff turnover and the underground economy, as employment relationships can be formalised.
What to do now
Although the final procedure will depend on the text published in the Official State Gazette, you can move forward with internal work that will allow you to react quickly and with legal certainty when the deadline opens. Start by assessing your actual staffing needs — profiles, shifts, work centres and peak times — to identify which positions could be filled as soon as people obtain authorisation to work. Next, it is advisable to define a clear circuit between Human resources, employment advice, risk prevention and team leaders , so that the incorporation is orderly and does not create bottlenecks in hiring, recognition, training, or documentation.
At the same time, establish an internal policy of compliance and document traceability: the company should only hire and register employees when there is valid authorisation or accreditation, and keep evidence (contract, registration, communications and any other required documents) in order to be able to demonstrate good practices in the event of any verification. This approach reduces risks and also instils confidence in your staff and customers.
How to support your staff
If your team includes asylum seekers with red cards who have been denied international protection but have appealed that denial and are working under precautionary measures (or other resolutions that maintain their eligibility), the most valuable thing your company can offer is order, legal certainty, and practical support.
In practice, this means periodically verifying—always with the utmost confidentiality—that the current documentation maintains the authorisation to work: valid red card, proof of renewal where applicable and, if applicable, resolution or proof of the appeal and the request/granting of precautionary measures. This is not a matter of ‘asking for too much’, but rather of ensuring that the employment relationship is based on a valid qualification and that the company can prove this in the event of any checks.
From there, useful support is operational: facilitating flexible hours for court appearances, notifications, appointments, or renewals; setting up a point of contact in HR to channel documentation without exposing the person; and establishing internal reminders about expiry dates and renewals, because an administrative oversight can lead to avoidable interruptions.
Finally, if the Royal Decree on regularisation confirms a specific route for asylum seekers in certain circumstances, the company can support its staff with a clear policy of verified information, avoiding rumours and always referring to specialist advice when there are doubts. This approach protects the individual, reduces risks for the company and reinforces a stable and dignified working environment.
6) Probable timeline and what to watch for starting 27 January
The decisive factors in the coming weeks will be: the final approval of the Royal Decree, its publication in the Official State Gazette (BOE) and the publication of implementation instructions (submission channels, documentary accreditation, internal deadlines, possible fees and admission criteria).
Until then, if your case fits the profile of a person who can benefit from this regularisation process, your best strategy is to prepare yourself to act within the planned window without improvising: organised documentation, clear dates and rigorous advice when the final text is available.
7) How SenValos can help you
At SenValos, we work with a simple idea: to guide you with accurate and realistic information, without feeding false expectations and focusing on safe decisions for you or your organisation.
Once the measure has been approved and published in the Official State Gazette, we will be able to:
- Analyse your case (migrant) or your situation as a company/employer.
- Assist you in interpreting requirements, preparing documentation, and avoiding errors.
- Supporting you so that regularisation, if applicable, translates into stability, decent employment and real inclusion.
