Key changes in the second draft (extraordinary regularization, asylum and minors) in the 2026 Extraordinary Regularization in Spain

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

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

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

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

1) Se “separan” dos vías con más nitidez

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

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

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

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

4) Incompatibility with other stay or residence procedures is tightened

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

5) Provisional work authorization: maintained and clarified

5) Trabajo provisional: se mantiene y se concreta mejor

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

6) Plazo máximo de 3 meses y silencio negativo expresos

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

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

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

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

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

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

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

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

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

The focus is on:

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

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

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

Clear examples (common cases)

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

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

10) Menores: tramitación simultánea y orientación a estabilidad

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

11) Procedimiento: modelo específico en sede y UTEX

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

12) Cambios “colaterales” del Reglamento

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

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

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

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

Common requirements

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

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

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

Impact on minors and families

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

Regulatory changes that may affect alternative strategies

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

Practical recommendations

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

FAQ

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

Conclusion

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

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