If you are preparing your application for the 2026 Extraordinary Regularization, one of the most important questions is what happens with your minor daughters or sons and how their documents should be submitted.
Here is the first and most important point: the final text no longer relies on the draft references to the fifth or sixth transitional provision of the 2024 Regulations. The correct legal basis, now that the rule has been approved, is the twentieth additional provision, the twenty-first additional provision and the first transitional provision of Royal Decree 316/2026 of 14 April.
In addition, the timetable is now closed: the royal decree was published on 15 April 2026, the online procedure opened on 16 April, in-person assistance began on 20 April, and the application period will remain open until 30 June 2026.
1) First: there are two routes for the adult person
The extraordinary regularization is aimed at two main groups:
1. People who applied for international protection, if they submitted their application before 1 January 2026. This route is established through the twentieth additional provision.
2. People in an irregular administrative situation who were already in Spain before 1 January 2026. This route is established through the twenty-first additional provision. In this case, in addition to proving previous residence and five months of continuous stay, at least one of these three situations must be demonstrated: having worked or intending to work, living with the family unit provided for in the rule, or being in a documented situation of vulnerability.
This matters because the adult person’s route also determines the form used to process the minor daughter or son.
2) The minor daughter or son is not simply “included” in the main application
The approved rule states that, when the adult person covered by the twentieth or twenty-first additional provision has minor daughters or sons, or adult children with disabilities who require support, the application under Article 159 or Article 160 must be submitted simultaneously with the parent’s application. Both applications will also be decided jointly.
Put simply, it is not enough to name the minor in the adult person’s application. Their specific authorization must be processed at the same time. The official regularization forms already include separate boxes for “Minor child born in Spain” and “Minor child not born in Spain”, both on form EX-31 and on form EX-32.
3) Which article applies depending on the minor’s situation
The rule here is quite clear:
Article 159
This is used for a minor daughter or son born in Spain. Under the general rules, the application must be submitted within six months of the birth or from the time the parent obtains residence, if that happens later.
Article 160
This is used for a minor daughter or son not born in Spain, or for an adult daughter or son with a disability under the terms provided for in the rule. Under the general rules, this authorization requires two years of previous residence, as well as the financial means and accommodation required for family reunification.
4) What the 2026 extraordinary regularization makes easier for minors
Aquí está una de las mejoras más importantes de la norma aprobada.
La disposición transitoria primera establece que, en las solicitudes simultáneas de menores:
- if the case falls under Article 159, the application will not have to be submitted within six months of the birth;
- if the case falls under Article 160, neither the previous two-year residence requirement nor the requirement for the parent or guardian to prove the financial means and accommodation required for family reunification will apply.
But there is a key nuance that should be explained clearly: in cases under Article 160, although the two-year requirement and the financial-means and housing requirements are removed, it must still be shown that the minor has remained in Spain uninterruptedly for the five months immediately before the application is submitted. This point is new and essential.
In addition, these authorizations will be granted in accordance with the best interests of the child and may be valid for up to five years.
5) Which form should be submitted
This point also differs from many older guides.
If the adult person is applying through international protection
Form EX-31 is used. That form expressly includes the following boxes:
- Minor child born in Spain
- Minor child not born in Spain
- Family member of an applicant for international protection
If the adult person is applying because of an irregular situation
Form EX-32 is used. It also expressly includes the following boxes:
- Minor child born in Spain
- Minor child not born in Spain
- Family member of an applicant for a residence authorization for exceptional circumstances under the twenty-first additional provision
Therefore, for this extraordinary regularization, the case should not be explained as if a “standard” EX-25 form for minors were the only form to be submitted. In this extraordinary process, the minor’s simultaneous application is made using the specific EX-31 or EX-32 forms, depending on the adult person’s route.
6) Documents to prepare for the adult person
All applicants must submit, as a minimum:
- the relevant official form;
- a complete copy of the passport, registration certificate or valid travel document in Spain;
- proof that they were already in Spain before 1 January 2026;
- proof that they remained in Spain during the five months before the application;
- a criminal-record certificate from the country of origin and from the countries where they have lived during the five years before entering Spain.
If the person is not and has not been an applicant for international protection, they must also prove one of these three areas:
- work carried out or an intention to work;
- unidad familiar;
- vulnerabilidad acreditada.
Under the family-unit route of the twenty-first additional provision, form EX-32 itself states that the applicant must prove that the minors or people with disabilities with whom they live are enrolled in school. Under the vulnerability route, the form requires the relevant certificate issued by social services or by registered third-sector organizations.
7) Which documents to prepare for the minor daughter or son
A) If the daughter or son was born in Spain: Article 159
The essential documents to prepare are:
- a complete copy of the passport, travel document or registration certificate of the minor and of the applying parent;
- the minor’s birth certificate issued in Spain;
- if the child is of compulsory school age, a document from the school or educational centre.
Under the extraordinary regularization, it is no longer detrimental if you have missed the general six-month deadline from the birth, because that requirement is expressly relaxed.
B) If the daughter or son was not born in Spain: Article 160
Here it is advisable to prepare, at a minimum:
- a complete copy of the passport, travel document or registration certificate of the minor and of the parent or guardian;
- the minor’s birth certificate or a document proving guardianship;
- a school-enrolment document, if the child is of compulsory school age;
- prueba de que el menor ha estado en España de forma continuada durante los cinco meses anteriores a la solicitud;
- if the case requires it, custody documents, authorization from the other parent or a court ruling;
- if there is a disability, the corresponding supporting documentation.
This is important to emphasize: under this regularization, you will no longer be required to prove two years of previous residence, financial means or suitable accommodation for family reunification. However, you still need to prove the family relationship, the minor’s situation and those five months of residence in Spain properly.
8) Evidence that helps prove residence in Spain
The public questions-and-answers guide reminds us that evidence should be in the person’s name and dated. Examples include passport entry stamps, tickets issued in the person’s name, bank transactions in Spain, rental contracts, official training certificates or transport documents within Spain.
For minors, the following are also especially useful:
- registration on the municipal census;
- certificates from the health centre or paediatric service;
- school enrolment or a certificate from the educational centre;
- social-services documents, when available.
This is not an exhaustive list in the rule, but in practice it helps the Immigration Office quickly see the minor’s actual presence in Spain and the relationship with the main application.
9) Be careful with foreign documents
If you are going to submit birth certificates, custody rulings or other documents issued outside Spain, remember that, as a general rule, they must be legalized or apostilled and, when they are not in Spanish, translated.
This remains one of the most common causes of requests for additional documents. It is not a minor detail.
10) Cómo se presenta la solicitud
The application may be submitted online or in person.
The online route through MERCURIO allows applications to be submitted throughout the process:
- with the applicant’s own electronic certificate;
- through an authorized representative;
- through authorized professionals;
- through entities registered in the Immigration Collaborators Register.
The in-person route always requires a prior appointment and is available through:
- Immigration Offices,
- certain Social Security offices,
- authorized post offices.
In addition, the public guide states that applications for people belonging to the same household can be handled in a single appointment, which is especially useful when also submitting an application for a minor daughter or son.
11) Mistakes to avoid
Now that the final text is available, the most common mistakes are:
- thinking that the minor daughter or son is included “automatically” in the adult person’s file;
- failing to distinguish between a minor born in Spain and a minor not born in Spain;
- forgetting that, under Article 160, the minor must prove five months of continuous residence in Spain;
- submitting foreign documents without an apostille, legalization or translation;
- failing to prepare custody documents or authorization from the other parent properly when required.
Conclusion
The approved reform makes the position of minor daughters and sons in the 2026 Extraordinary Regularization much clearer. The central point is this: they can regularize their status together with their mother, father or guardian, but not automatically as an extension of the adult’s application. The minor’s authorization must be processed simultaneously, under Article 159 if the child was born in Spain or Article 160 if the child was not born in Spain.
The good news is that the new royal decree relaxes precisely the points that previously blocked the most files: the six-month deadline for minors born in Spain and, for minors not born in Spain, the previous two-year residence and the financial-means and housing requirements. However, it does not remove the need to submit a well-prepared file. It remains essential to prove the family relationship, school enrolment where applicable and, under Article 160, the minor’s continuous residence during the five months before the application.
The most practical recommendation is this: keep the adult person’s file and each minor’s file clearly separate, use the correct form (EX-31 or EX-32), and do not submit anything without first checking the birth records, custody, residence and formal validity of the foreign documents, so that the minor can achieve a more stable situation and a clearer future for their schooling, healthcare and family life in Spain.
