The Ministry of Inclusion, Social Security and Migration has updated the criteria for applying Royal Decree 316/2026, which regulates the extraordinary regularization process.
These criteria are important because they explain how the Foreigners’ Offices should interpret some parts of the legislation. In other words, they help clarify who may submit an application, which documents are required in certain cases, and what happens with minors, families, asylum seekers, vulnerable people, or people who already had another procedure under way.
In this article, we explain it in simple terms.
1. People who applied for asylum before 1 January 2026
One of the most important points concerns people who requested international protection, that is, asylum.
The criterion confirms that everyone who applied for international protection before 1 January 2026 may use this route.
And this is important: they do not have to remain asylum seekers when they submit the regularization application.
Therefore, people who applied for asylum before 1 January 2026 may apply for this authorization if they are in one of the following situations:
- Their asylum application is still pending.
- They withdrew their asylum application.
- They withdrew an appeal against the refusal of asylum.
- They received a refusal of asylum.
- They filed an administrative or judicial appeal that is still pending.
- They received a negative decision on the appeal.
Simple example
Ahmed applied for asylum in March 2025, was refused, and filed an appeal. Even if the appeal is still pending, he may also use this route.
Ahmed applied for asylum in March 2025, was refused, and filed an appeal. Even if the appeal is still pending, he may also use this route.
If someone applied for asylum before 1 January 2026 but later withdrew the application, they may also use this route.
2. People who were in Spain before 1 January 2026 but applied for asylum afterwards
The criterion also clarifies another very common situation.
If someone was already in Spain before 1 January 2026 but applied for asylum after that date, they do not qualify through the international-protection route for applications made before 1 January.
In that case, they may apply for authorization through the extraordinary roots route, provided they meet the remaining requirements.
Simple example
Because he applied for asylum after 1 January 2026, he would not qualify through the route for international-protection applicants from before 1 January. However, he could qualify through extraordinary roots if he can show that he was in Spain before 1 January 2026 and meets the other requirements.
Because he applied for asylum after 1 January 2026, he would not qualify through the route for international-protection applicants from before 1 January. However, he could qualify through extraordinary roots if he can show that he was in Spain before 1 January 2026 and meets the other requirements.
3. A vulnerability certificate is not required in every case
This is another very important point.
There are several routes for extraordinary roots. The legislation refers to three main possibilities.
First: having worked in Spain or intending to work. This may be demonstrated through previous employment, a job offer, or a declaration of responsibility if the person intends to work as a self-employed person.
Second: living in Spain as part of a family unit. For example, with minor children, adult children with disabilities, or first-degree ascendants with whom the person lives.
Third: being in a situation of vulnerability, demonstrated through a certificate or report.
The criterion makes clear that a vulnerability certificate or report is required only when the person applies through the vulnerability route.
It is not required if the person applies through the employment route or the family-unit route.
Simple example
If a mother applies because she lives with her minor child and they form a family unit, she also does not need a vulnerability certificate.
If a mother applies because she lives with her minor child and they form a family unit, she also does not need a vulnerability certificate.
But if someone applies because they cannot demonstrate employment or a family unit and wants to apply on the basis of vulnerability, they do need the certificate or report.
4. Who can issue the vulnerability certificate or report
The criterion explains which entities may issue this certificate.
They may be issued by:
- Third-sector entities registered in the Electronic Register of Immigration Collaborators.
- Trade-union organizations registered in that register.
- Public authorities with responsibility for social assistance or social services.
This means that not every association can issue this certificate. It must be properly registered or be a public body with competence in social services.
5. Important rules on vulnerability certificates
The criterion clarifies several practical issues:
The entity must be registered in the Electronic Register of Immigration Collaborators if it is a third-sector entity or a trade union.
If the entity has a limited territorial scope, it may issue certificates only within that territory.
For example, an entity registered to operate only in Galicia should not issue certificates for someone who lives in Andalusia.
The entity is not required to issue certificates. Being registered does not mean that it must issue certificates to everyone who asks for one.
The certificate may be signed by anyone who is part of the entity. That person does not have to appear individually on the register’s list of authorized people.
The certificate must bear the entity’s stamp, which may be electronic or physical.
The entity’s registration number must also appear.
The certificate must also be free of charge.
6. Reports issued by social services
The criterion also clarifies that the authorities competent in social assistance are public administrations with responsibility for social services.
For example, municipal or regional social services, depending on the case.
In these cases, the vulnerability report may be signed by anyone working for the public authority competent in social assistance.
This may make it easier to issue the document, because it does not require a specific person with a very particular position to sign it.
7. Important recommendation: do not withdraw or waive rights without reviewing the case first
The criterion recommends that people who have already submitted an application for a stay or residence authorization, or who already hold a valid authorization, should not withdraw the application or waive their rights without carefully analyzing their situation.
This is very important.
The extraordinary process is intended for people who were in an irregular situation or who are, or have been, applicants for international protection.
If someone already has an authorization or a procedure under way, giving it up may harm them.
Simple example
Another example: a person has submitted an application for renewal or modification. Before withdrawing it, they should check whether that is really in their interest.
Another example: a person has submitted an application for renewal or modification. Before withdrawing it, they should check whether that is really in their interest.
8. Minors born in Spain
The criterion also addresses minors.
When someone eligible to apply for regularization has minor children, they may also apply for residence authorization for those children.
For minors born in Spain, the general rule in Article 159 is that the minor’s residence authorization is requested from six months after birth, or from the time one of the parents obtains residence if that occurs later. This extraordinary process creates an exception: there is no need to wait for those six months to pass before submitting the minor’s application together with that of the father, mother, or guardian who is applying for regularization.
Simple example
9. Minors not born in Spain
9. Minors not born in Spain
There is also a special rule for minors who were not born in Spain.
Normally, authorizing residence for a minor not born in Spain requires proof of two years’ prior residence, as well as the parents’ or guardians’ financial means and accommodation.
These requirements are made more flexible under this extraordinary process.
The two-year prior-residence requirement does not apply.
The parents or guardians are not required to demonstrate financial means and accommodation as they would in an ordinary family reunification procedure.
However, it must be shown that the minor has remained in Spain continuously during the five months before the application.
Simple example
10. Applications for minors must be submitted simultaneously
10. Applications for minors must be submitted simultaneously
The criterion states that when someone applies for authorization under the twentieth or twenty-first additional provision and has minor children, or adult children with disabilities or support needs, they must also submit the children’s residence applications at the same time.
This means that the applications should be processed together so that they can be decided at the same time.
Simple example
It is not simply a matter of “adding the minor to the mother’s application”. The minor also needs a separate application, even though it is linked to the parent’s.
It is not simply a matter of “adding the minor to the mother’s application”. The minor also needs a separate application, even though it is linked to the parent’s.
11. What happens if the adult’s application was already submitted without the minor’s application
The criterion also clarifies a practical situation.
If someone has already submitted their application for temporary residence on exceptional grounds without simultaneously submitting the minor’s application, they may submit the minor’s application until 30 June 2026.
The aim is for both decisions to be issued at the same time.
Simple example
12. This also applies to people with long-term residence
12. This also applies to people with long-term residence
The criterion says that these transitional rules on minors also apply to foreign nationals who hold a long-term residence authorization, in relation to their minor children, adult children with disabilities, or people under their guardianship.
This is important because it extends the possibility of applying these special rules to families in which the parent already holds long-term residence.
13. Applications submitted between 20 May 2025 and 15 April 2026
The second transitional provision is very important for applications that had already been submitted before Royal Decree 316/2026 entered into force.
The criterion clarifies that it applies to pending applications submitted between 20 May 2025 and 15 April 2026, inclusive.
It also applies to pending appeals, both administrative and judicial.
This concerns temporary residence authorizations on exceptional grounds under Title VII of the Regulations, except for the authorization on humanitarian grounds under Article 128.1.
14. What requirements apply to these older applications
The criterion distinguishes between two situations.
For applications submitted under the fifth transitional provision of the 2024 Regulations before Royal Decree 316/2026 entered into force, the only requirements are proof of no criminal record and that the applicant does not represent a threat to public order, public security, or public health.
For other temporary residence applications on exceptional grounds that were pending and were submitted between 20 May 2025 and 15 April 2026, the applicant must have been in Spain before 1 January 2026 and meet the general requirements of the twenty-first additional provision.
Simple example
15. Which authorization is granted in those pending cases
15. Which authorization is granted in those pending cases
The criterion states that people with pending applications submitted between 20 May 2025 and 15 April 2026 will receive the authorization they applied for.
Its validity will begin when it is granted.
This is important because not everything is automatically converted into a single new authorization. If the person applied for arraigo for training, they will receive arraigo for training. If they applied for another authorization on exceptional grounds, they will receive that authorization if they meet the requirements.
16. Special case: arraigo for training
The criterion clarifies that if someone had applied for arraigo for training and receives a favorable decision, they will receive that authorization with its own characteristics.
This includes authorization to work as an employee, subject to a maximum of 30 hours per week.
Simple example
A person applied for arraigo for training in October 2025 and is now granted the authorization. They may work, but subject to the limit applicable to this type of authorization: a maximum of 30 hours per week.
The criterion also clarifies an important issue concerning arraigo for employment and social ties.
The criterion also clarifies an important issue concerning arraigo for employment and social ties.
The effectiveness of an application for authorization through arraigo for employment and social ties will not be conditional on prior registration with Social Security.
This means that prior registration is not required for the application to be effective.
Simple example
18. People with a valid authorization: beware of the deadlines
18. People with a valid authorization: beware of the deadlines
The twentieth and twenty-first additional provisions require that the person not hold a stay or residence authorization and not have a pending application for the grant, extension, renewal, or modification of an authorization.
The criterion clarifies that a person may not apply for these authorizations during the three months following the expiry of their authorization, because during that period they can still request an extension, renewal, or modification of their previous authorization.
Simple example
19. Family members: applying together does not mean everyone is exempt from the requirements
19. Family members: applying together does not mean everyone is exempt from the requirements
The criterion clarifies a very important point about family members.
The legislation allows certain family members to submit their applications simultaneously and for the applications to be decided at the same time.
This may apply to:
- First-degree ascendants.
- Spouse.
- Registered partner.
However, the criterion clarifies that this option is for submitting the applications together and having them decided together. It does not mean that family members are automatically authorized or that they do not have to meet the requirements.
Each applicant must meet the general requirements of the authorization that applies to them.
Among others:
- Being in Spain before 1 January 2026.
- Having remained in Spain continuously during the five months before the application.
Simple example
Being the applicant’s husband is not enough.
Being the applicant’s husband is not enough.
20. Family unit in extraordinary roots
The criterion also explains how the family-unit route should be understood within extraordinary roots.
The family unit may consist of:
- Minor daughters and sons.
- Adult daughters and sons with disabilities who require support.
- Adult daughters and sons who cannot meet their own needs because of their health.
- First-degree ascendants with whom the applicant lives.
The criterion clarifies that the cohabitation requirement applies to all these family members.
In other words, having a family relationship is not enough. The people must also live together.
Simple example
But if someone’s mother lives in another city and they do not live together, the cohabitation requirement for that route would not be met.
But if someone’s mother lives in another city and they do not live together, the cohabitation requirement for that route would not be met.
21. Minors and family members with disabilities
For minor children or adult children with disabilities or support needs, the requirements of Articles 159 and 160 of the Regulations apply, with the specific features set out in the first transitional provision.
This means that a distinction must be made between:
- Minor born in Spain.
- Minor not born in Spain.
- Adult with a disability or support needs.
- Person who cannot meet their own needs because of their health.
In these cases, the application must be prepared correctly and include documents proving the family relationship, cohabitation, and residence in Spain when required.
22. First-degree ascendants and adult children without disabilities
The criterion clarifies that first-degree ascendants or adult children without disabilities must meet the general requirements of the twenty-first additional provision.
Pero, si forman parte de la unidad familiar y conviven, se entiende que tramitan por la vía de unidad familiar.
In that case, they do not need to demonstrate vulnerability through a certificate or report.
Simple example
Una persona vive con su padre, que también llegó a España antes del 1 de enero de 2026 y cumple los cinco meses de permanencia. Si se cumplen los demás requisitos, el padre puede ir por unidad familiar sin necesidad de certificado de vulnerabilidad.
23. Final summary: key points
The update of 18 May 2026 clarifies several important issues:
People who applied for asylum before 1 January 2026 may use the international protection route even if their asylum application is pending, has been refused, is under appeal, or they have even withdrawn it.
People who were in Spain before 1 January 2026 but applied for asylum after that date may use extraordinary roots if they meet the requirements.
A vulnerability certificate is required only when applying through the vulnerability route.
A vulnerability certificate is not required when applying through the employment route or the family-unit route.
Entities issuing vulnerability certificates must meet specific requirements.
It is not advisable to withdraw or waive rights to valid authorizations or pending applications without carefully reviewing the case.
Minors may submit their authorization linked to the parent’s application, under more flexible special rules.
Minors’ applications must be submitted simultaneously or, if the adult’s application has already been submitted, by 30 June 2026.
Pending applications submitted between 20 May 2025 and 15 April 2026 may benefit from the transitional regime.
Submitting family applications together does not mean that everyone is exempt from meeting the requirements.
Under the family-unit route, cohabitation is mandatory.
24. SenValos recommendation
This process may be a great opportunity for many people, but each case must be reviewed carefully.
Not everyone qualifies through the same route. It is not the same to have applied for asylum before 1 January 2026, to have applied afterwards, to have minor children, to live with family members, to have a job offer, or to be in a situation of vulnerability.
Therefore, before submitting the application, it is important to review carefully:
- The date of entry into Spain.
- The date of the asylum application, if there was one.
- The current administrative situation.
- Whether there is a valid authorization or a pending procedure.
- Proof of residence in Spain.
- Criminal records.
- The family situation.
- Whether there are minors or people with disabilities.
- Whether or not a vulnerability certificate is required.
At SenValos, we recommend not submitting incomplete applications or applications filed under the wrong route, because this may lead to requests for additional documents, delays, or even refusals.
The key is to choose the right route and provide the appropriate documentation from the outset.
