Category: Immigration and Asylum

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.

Since June 12, 2026, a new instruction from the Ministry of the Interior has governed how certain applications for international protection in Spain are processed. The instruction adapts Spanish procedures to the new European regulations of the European Pact on Migration and Asylum.

Put simply: seeking asylum remains a right, but the Administration may process the application through different routes, depending on where it is submitted, how the person arrived in Spain, and whether they meet the entry conditions.

What is international protection?

International protection is the legal assistance that a foreign national may request when they cannot return to their country because they may face persecution, serious violence, threats, war, or other significant harm there.

International protection may take different forms, such as the right to asylum or subsidiary protection.

A simple example: if a person flees their country because their life, freedom, or safety is at risk, they can ask Spain to examine their case and decide whether they need protection.

What does this new instruction do?

The instruction does not create a new residence permit. Nor does it remove the right to seek international protection.

It explains how the Spanish Administration must process applications for international protection once the new European regulations apply.

These regulations seek to ensure that European Union countries have more similar procedures and that some applications are resolved more quickly.

The instruction says that applications may mainly be processed through three routes:

1. Border asylum procedure.
2. Accelerated examination procedure.
3. Ordinary examination procedure.

In addition, there may be a procedure to decide which European Union country is responsible for examining the application.

What is the border asylum procedure?

The border asylum procedure is a way of processing an application when a person requests international protection in circumstances related to entering Spain.

This does not mean that the person cannot seek protection. They can. However, their application is examined under a special procedure and within shorter time limits.

According to the instruction, this procedure may apply when the person:

• applies for international protection at a border crossing point;
• has been intercepted after crossing an external border without authorization;
• arrives in Spain following a search-and-rescue operation;
• or arrives through relocation from another Member State, provided the specified conditions are met.

In addition, to apply this procedure, the person must not have authorization to enter and must not meet the ordinary conditions for entry into the Schengen area.

Explained very simply: it is as if the Administration were saying: “First we will examine your application before deciding whether you may formally enter the territory.”

Does the person have the right to a lawyer?

Yes.

The instruction establishes that legal assistance is mandatory in the border procedure. This assistance must cover the formal submission of the application and the entire administrative process.

In addition, access to free legal assistance is guaranteed under Spanish law.

This is very important. A person requesting international protection at the border should not have to face the procedure alone. They must receive appropriate legal guidance from the outset.

Can UNHCR intervene?

Yes, but with an important condition: the applicant’s prior consent must be obtained.

If the person agrees, UNHCR may access the application for international protection and be heard before a decision declaring it inadmissible or rejecting it is issued.

This may be relevant in particularly sensitive cases, because UNHCR is the United Nations High Commissioner for Refugees and has a specialized role in international protection.

How long can the border procedure take?

The instruction states that, at the outset, the Administration will try to assess whether there are grounds for inadmissibility or expedited refusal. In such cases, it will seek to decide and notify the person within four calendar days, although this period may be extended under the terms provided by law.

If it is not possible to decide within that period, the application may continue under the border procedure until a decision is made.

The maximum duration of the border procedure is 12 weeks, including any contentious-administrative appeal.

The Administration will try to resolve the administrative part as quickly as possible, preferably within the first six weeks from registration of the application.

What happens if six weeks pass without a response?

This point is important.

The instruction states that if six weeks pass without a decision and notification, this does not automatically mean that the person moves to the ordinary or accelerated procedure. Nor does it mean that they are authorized to enter Spanish territory.

In other words, the mere passage of time does not by itself change the type of procedure or automatically grant entry.

The Administration must continue processing the application and decide as soon as possible, without using the maximum 12-week period when it is not necessary.

What happens if the application should not follow the border procedure?

Not all applications for international protection are processed under the border procedure.

If the application does not fit that procedure, it must be processed under the accelerated examination procedure or the ordinary examination procedure, as appropriate.

It may also happen that an application begins under the border procedure but it is later found that it should not have followed that route. In that case, it may be transferred to the appropriate procedure.

The basic idea is this: each application must follow the appropriate legal route, depending on the person’s specific circumstances.

What happens with applications submitted in a CIE?

The instruction also addresses applications submitted in Immigration Detention Centres.

In these cases, the application will be processed under the appropriate procedure: border, accelerated, or ordinary. The Administration must apply the European regulations and, where compatible, Spanish law.

This means that a person held in a CIE may also apply for international protection, and their case must be examined.

When does this instruction apply?

The instruction applies from June 12, 2026.

Therefore, people who apply for international protection from that date onward, or whose proceedings are affected by this new regulation, must take these new processing criteria into account.

What does this mean for a migrant?

In simple terms, this instruction means four things:

First, it remains possible to seek international protection. No one should understand this instruction as a ban on seeking asylum.

Second, the procedure may be faster, especially if the application is submitted at the border or in circumstances linked to entry into Spain.

Third, it is very important to obtain legal advice from the outset, because the deadlines may be very short and an inadequate explanation of the case may harm the application.

Fourth, each case must be assessed individually. A person seeking protection at the border, a person already in Spain, a person in a CIE, and a person who arrived after a rescue operation are not in the same situation.

Frequently asked questions

Does this instruction remove the right to seek asylum?

No. The instruction regulates how applications are processed, but it does not remove the right to seek international protection.

Will all asylum applications follow the border procedure?

No. Only those that meet certain conditions. Other applications will follow the accelerated or ordinary procedure.

Can I have a lawyer?

Yes. In the border procedure, legal assistance is mandatory and must cover the application and the administrative process.

Is the border procedure always resolved in four days?

Not necessarily. The instruction says that certain initial cases should be resolved within four days where possible, but if that is not possible, the application may continue under the applicable procedure.

If six weeks pass, can I automatically enter Spain?

No. The instruction clarifies that failure to decide within six weeks does not automatically authorize entry or change the procedure.

Does this instruction also apply to Galicia?

Yes. It is a national instruction, so it applies to the processing of applications for international protection throughout Spain, including Galicia.

SenValos recommendation

If you are considering applying for international protection, or if you have already applied and have questions about your procedure, it is advisable to seek specialized guidance before making important decisions.

At SenValos, we work from Galicia, supporting migrants through immigration, international protection, regularization, and social and employment inclusion processes. Every case has its own details and should be reviewed calmly to avoid mistakes, especially when deadlines are short or procedures are accelerated.

One of the most frequent questions among companies that have hired people participating in the 2026 extraordinary regularization process is how long their provisional work authorization lasts.

The answer is clear:

The provisional authorization does not automatically expire when three months have passed. It remains valid until the Administration notifies an express decision on the application.

This was clarified by the Directorate-General for Migration Management in an interpretative criterion signed on 22 July 2026, concerning the provisional authorizations provided for in the twentieth and twenty-first additional provisions of the Immigration Regulations.

This clarification is especially important for companies, employment advisers and employers, as it prevents dismissals, contract suspensions or lost employment opportunities caused by an incorrect interpretation of the three-month administrative deadline.

What is the provisional residence and work authorization?

People who submitted certain applications as part of the extraordinary regularization process may receive a notice that the procedure has started.

From the moment this notice is received, the person is provisionally authorized to:

• Reside legally in Spain.
• Work as an employee.
• Work as a self-employed person.

This provisional authorization allows a company to hire the person and register them with Social Security while the Administration examines and finally decides their case.

It is important to note that submitting an application, on its own, does not always mean that the person is already authorized to work. The key document is the administrative notice confirming that processing has begun and expressly recognizing the provisional authorization.

Why was there doubt about the three-month deadline?

Organic Law 4/2000 generally establishes a maximum period of three months to decide and notify applications for immigration authorizations.

When that period elapses without an express decision, the application may be deemed rejected by administrative silence.

This led some companies and advisers to interpret that, once three months had passed:

• The provisional authorization ceased to be valid.
• The worker had to be deregistered from Social Security.
• The employment contract could not continue.
• The company could face problems if it maintained the employment.

The Directorate-General for Migration Management criterion clarifies that this interpretation is incorrect.

Administrative silence does not terminate the provisional permit

Negative administrative silence is not equivalent to an express decision refusing the application.

Its purpose is to allow the interested person to file the appropriate administrative or judicial appeal against the Administration’s failure to respond.

Administrative silence is therefore a procedural mechanism that allows an appeal, but it does not automatically produce all the effects of an express refusal.

Furthermore, even after three months have passed, the Administration remains obliged to issue and notify an express decision.

The Migration Management criterion concludes that expiry of the maximum decision period does not determine the loss of the provisional authorization. It remains valid until an express decision has been notified.

How long does the provisional work authorization last, then?

Its duration is not necessarily limited to three months.

The provisional authorization remains valid:

From the notice that the procedure has started until the express decision bringing the case to an end is notified.

In practice, two outcomes are possible.

Favourable decision

When the Administration grants the application, the provisional authorization gives way to the definitive residence and work authorization.

The worker may continue their employment in accordance with the conditions of the authorization granted.

Express refusal

When an express unfavourable decision is notified, the provisional authorization is lost.

Therefore, it is the notified express refusal—not the mere passage of three months—that causes the provisional authorization to be lost automatically.

Summary for companies and employers

Can the company maintain the contract after three months?

Yes.

When the worker has received the notice recognizing their provisional authorization and there is still no express refusal, they may continue carrying out their work normally.

The company should not deregister the worker from Social Security, suspend the contract or end the employment relationship solely because three months have passed since the application or since the procedure began.

The criterion expressly states that people who have already received the notice that the procedure started may continue working normally until an express refusal is issued.

What documentation should the company keep?

Para disponer de una adecuada trazabilidad documental, es recomendable que la empresa conserve:

1. Una copia de la comunicación de inicio del procedimiento.
2. El documento en el que conste que la persona está provisionalmente habilitada para residir y trabajar.
3. Una copia del NIE, pasaporte o documento identificativo de la persona trabajadora.
4. Los justificantes relacionados con el alta y la afiliación en la Seguridad Social.
5. Las comunicaciones posteriores recibidas de la Administración.
6. Una consulta actualizada del estado del expediente cuando sea necesario comprobar que no se ha notificado una resolución denegatoria.

Estas comprobaciones permiten acreditar que la contratación se realizó basándose en una habilitación administrativa vigente.

What happens if the company receives an inquiry from its employment adviser?

An adviser, payroll office or human resources department may consider that the authorization has expired because three months have passed.

In that case, it is advisable to provide:

• The worker’s notice that the procedure started.
• The documentation recognizing the provisional authorization.
• The interpretative criterion of the Directorate-General for Migration Management dated 22 July 2026.

The key message to convey is that negative administrative silence is not an express refusal and does not terminate the provisional authorization to work.

People who have not yet received the notice that the procedure started

The criterion also examines the situation of people who submitted their application but have not yet received the notice that the procedure started.

In these cases, after three months the interested person may file the appropriate appeal against administrative silence.

However, until the notice that the procedure started has been received, it cannot be understood that the person already has the same provisional authorization recognized for those who have received that document.

The Administration remains obliged to process the case and must subsequently notify both the start of the procedure and the final decision, whether favourable or unfavourable.

Frequently asked questions about the provisional authorization

Does the provisional regularization authorization last only three months?

No. Three months is the general period available to the Administration to decide, but it is not the maximum duration of the provisional authorization.

Is the work permit lost when administrative silence occurs?

No. Administrative silence allows an appeal to be filed, but it is not an express refusal and does not by itself terminate the provisional authorization.

Can a person continue working after three months?

Yes, provided that they have received the notice recognizing their provisional authorization and have not been notified of an express refusal.

Must the company deregister the person after three months?

A deregistration should not be processed solely because three months have passed. The authorization remains valid until an express decision is issued.

Is proof that the application was submitted enough to hire someone?

Not necessarily. The company must check that the person has received the administrative notice recognizing that the procedure has started and that they are provisionally authorized to work.

When does the provisional authorization end?

When the express decision is notified. If the decision is favourable, the provisional authorization is replaced by the authorization granted. If it is a refusal, the provisional authorization is lost.

Can a company hire someone with this authorization?

Yes. The provisional authorization allows the person to work legally while it remains valid. The company must keep the documentation proving that it was recognized.

Legal certainty for companies

The clarification published by the Directorate-General for Migration Management provides legal certainty for both workers and companies.

Administrative delay cannot automatically cause a person to lose their job or force a company to end an employment relationship that began lawfully.

Consequently, the main message for employers is the following:

If the worker received the notice provisionally authorizing them to work, they can continue working after three months until an express refusal is notified.

SenValos advice for companies

At the SenValos NGO, we help companies, advisers and employers resolve questions relating to:

• Hiring foreign nationals.
• Checking residence and work authorizations.
• Documentation required to formalize a hire.
• Status of extraordinary regularization cases.
• Continuation of contracts while authorizations are being processed.
• Immigration procedures related to employment.

Before making an employment decision based on a worker’s administrative status, it is advisable to review the specific case documentation and check whether any subsequent decision has been issued.

Official source: Interpretative criterion of the Directorate-General for Migration Management concerning the validity of the provisional authorization provided for in the twentieth and twenty-first additional provisions of the Regulations implementing Organic Law 4/2000, signed on 22 July 2026.

The 2026 Extraordinary Regularization is a measure approved by the Government to allow certain foreign nationals already residing in Spain to apply for a residence permit. It is primarily designed for two groups: applicants for international protection and individuals in an irregular administrative situation. The general application period opened on April 16, 2026, and will close on June 30, 2026.

To put it simply: if you have been in Spain for some time, meet specific conditions, and can prove it with documentation, there may be an extraordinary path to regularize your status. Furthermore, the regulation allows you, in many cases, to submit applications for your underage children at the same time.

The Most Important Points at a Glance

This regularization is aimed at people in one of these two situations:

1. Having applied for international protection in Spain before January 1, 2026.
   
2. Being in an irregular administrative situation and having arrived in Spain before January 1, 2026.
   

In both cases, you must also prove a continuous stay of at least five months before submitting the application and have no criminal record under the terms required by the law.

1. Who is Eligible for Extraordinary Regularization?

A) Asylum Seekers or Applicants for International Protection

Foreign nationals who submitted their application for international protection in Spain before January 1, 2026, who are in Spain at the time of the request, and who do not hold a stay or residence permit may apply. They must also not be involved in any other procedure for granting, renewing, extending, or modifying stay or residence permits.

Requirements also include: having remained in Spain continuously for at least five months prior to the application; having no criminal record in Spain or in countries of residence during the last five years; not being a threat to public order, safety, or health; not being listed as “objectionable” (rechazable); and not being subject to a non-return commitment, if applicable.

B) Individuals in an Irregular Administrative Situation

People currently in Spain in an irregular administrative situation may also apply, provided they are in the country when submitting the request, do not have a valid stay or residence permit, do not have another pending residency procedure, and have not held temporary protection for displaced persons from Ukraine.

Additionally, they must prove five months of continuous stay before the application, have no criminal record, and not pose a threat to public order or health. Furthermore, they must prove at least one of these three situations: having worked or intending to work, living with their family unit as established by law, or being in a documented state of vulnerability.

2. Requirements for Each Case, Explained Simply

If you are an asylum seeker:

You qualify through this path if you requested international protection before January 1, 2026. In this case, you are not required to prove a work contract, family unit, or vulnerability. The essential factor is proving you requested asylum on time, have been in Spain for at least five consecutive months, and meet the general requirements. The designated form for this path is EX-31.

If you are in an irregular situation:

In this case, the intended path is Extraordinary Social Roots (Arraigo Extraordinario), and the form is EX-32. Here, proving your presence in Spain for five months is not enough. You must also prove one of the following:

1. Work or intention to work: This can be because you have already worked (as an employee or self-employed) during your stay in Spain, because you have a job offer, or because you declare your intention to be self-employed.

2. Family Unit:
You can prove you live in Spain with underage children, adult children with disabilities who require support, or first-degree ascendants (parents) with whom you reside. In this case, documentation such as school enrollment records for minors or dependents is required.

3. Vulnerability:
You must provide a certificate issued by social services or Third Sector entities registered in the Electronic Register of Foreigner Affairs Collaborators. The vulnerability report model considers situations such as social isolation, homelessness or precarious housing, lack of income, risk of exclusion, difficulties accessing employment, or exposure to exploitation or abuse.

3. What Documents Do You Need to Present?

Basic documents for almost everyone:

Generally, applicants must submit:

• The corresponding official form: EX-31 for international protection applicants or EX-32 for extraordinary social roots.
• A complete copy of your passport, registration certificate, or travel document (even if expired, if recognized as valid in Spain).
• Documents proving you were in Spain before January 1, 2026, and that you were here for at least five consecutive months before applying. Any legally valid evidence including identifying personal data is accepted. The FAQ suggests examples like entry stamps, nominative tickets, bank movements in Spain, training certificates, or nominative rental contracts.
• Criminal record certificate from your country of origin and countries where you lived in the five years prior to entering Spain.
• Proof of fee payment. The information sheet refers to Form 790, code 052, section 2.3.1.

If you cannot obtain your criminal records in time:

The law provides an exceptional solution: if you prove you requested the criminal record certificate and a month has passed without a response, the Administration may attempt to obtain it through diplomatic channels. You will need to submit specific documentation and the corresponding annexes. Important: This option does not replace the certificate; it is an exceptional way to try to obtain it officially.

If your documents are foreign:

Documents issued outside of Spain must be translated into Spanish (or the co-official language of the territory) by a sworn translator. Additionally, foreign public documents must be legalized or apostilled, unless an international treaty provides an exception.

4. Extra Documents Needed Based on Your Case

If you are an international protection applicant:

In addition to the basic documents, you must provide:

• Document proving you submitted your request before January 1, 2026.
  
• Document proving continuous stay in Spain for at least five months before the application.
  

If you are in an irregular situation (Extraordinary Social Roots):

You must provide one of these sets of documents:

Work path
Contract, proof of having worked, or a job offer; for self-employment, a formal declaration included in the model.

Family path
Proof of cohabitation and family unity; if there are dependent minors or persons with disabilities, proof of school enrollment may be required.

Vulnerability path
Vulnerability certificate issued by a competent or collaborating entity.

5. How to Regularize Children as Well?

This is one of the most important points of the reform. If the applicant has underage children, or adult children with disabilities who need support, they can simultaneously apply for a residence permit for them.

The regulation also makes requirements more flexible:

• If the child was born in Spain, the application does not need to be submitted within the first six months after birth.
• If the child was not born in Spain, the general requirement of two years of prior residence, economic means, or “adequate housing” for family reunification is waived. However, it must be proven that the minor has remained in Spain uninterruptedly for the five months prior to the application.

These permits for minors can be granted for up to five years, always prioritizing the best interests of the child.

Forms EX-31 and EX-32 include specific boxes to mark if the simultaneous application is for a child born in Spain or abroad.

6. Where to Submit the Application?

The application can be submitted online (telematic) or in person by appointment.

Online (Telematic):

It can take four forms:

1. By the applicant themselves using an electronic certificate.
2. Through a representative registered in the Electronic Register of Power of Attorney.
3. By authorized professionals (lawyers, social graduates, or administrative managers).
4. By entities registered in the Register of Foreigner Affairs Collaborators.
   

The system used is Mercurio, through the electronic headquarters of the Ministry of Territorial Policy and Democratic Memory.

In Person

In-person submission always requires a prior appointment. According to the official FAQ, applications can be submitted at authorized Foreigner Offices (Extranjería), Social Security offices, and Post Offices (Correos). Appointments can be requested on the regularization portal, via Cl@ve or a web form, or by calling 060.

Furthermore, the Royal Decree itself justifies the use of the Post Office as a channel to support online management and submission, precisely to facilitate access throughout the country, including in rural areas.

7. What Happens After Submitting the Application?

A key point: The simple receipt of submission is not yet the formal notification that the procedure has started. That notification is sent by the Foreigner Files Processing Unit. From that notification of commencement (comunicación de inicio), the person is provisionally authorized to reside and work across Spain and in any sector until their file is resolved. Additionally, a Social Security number will be assigned, and the right to healthcare will be recognized.

The initial authorization granted is valid for one year. Afterward, you will need to transition to the ordinary residence categories or request the corresponding extension.

If the decision is favourable, the TIE must be processed within one month.

8. Who Should Not Apply for This Process?

According to the official FAQ, this procedure is not intended for people who already have a valid permit or are in the process of renewal. It is also not for people displaced by the conflict in Ukraine with temporary protection or valid residency, nor for stateless persons (apátridas), as those cases have their own legal regime. If you have already applied for “arraigo” or another permit and are awaiting a decision, you do not need to submit anything new; your current application will continue its course.

Frequently Asked Questions (FAQ)

Can I apply if I requested asylum before January 1, 2026?

Yes, if you meet the other requirements (staying in Spain, no other valid permit, 5 months stay, and clean criminal record).

Can I apply if I am in an irregular situation?

Yes, but you must also prove work/intent to work, family unity, or documented vulnerability.

What is the key date?

January 1, 2026. You must have been in Spain before that date.

How long must I have been in Spain?

At least five continuous months before applying.

Does any document prove my presence?

Any legally valid proof with identifying data (tickets, bank moves, training, rental contracts).

Do I need to submit a criminal record?

Yes. If you don’t get it within a month of requesting it, there is an exceptional diplomatic route, but it doesn’t automatically replace the certificate.

Can I include my children?

Yes, you can apply for their residency simultaneously.

Do I need to prove economic means for my children?

For children not born in Spain, this requirement is waived in this specific process.

Where do I apply?

Online or in person (appointment required) at Foreigner Offices, Social Security, or Post Offices.

Can I apply through an NGO?

Yes, if the entity is registered as a Collaborator. They can also provide advice and act as representatives.

When can I start working?

From the moment you receive the notification of commencement (comunicación de inicio) of the procedure.

Does this permit allow working in other EU countries?

No, it is valid for residing and working in Spain only.

At SenValos, we recommend acting with order rather than haste. This regularization is a real opportunity, but a poorly prepared application can lead to problems. First, identify your group, gather clear evidence of your stay, check your criminal records, and prepare your children’s applications carefully. This should be done with attention and, if possible, with specialized guidance.

When a Council of State opinion is released, it does not mean that the regularization has already been approved. It means something else: that the Council has reviewed the draft Royal Decree and stated which parts it approves of, which parts must be corrected, and which changes it considers essential before the Government approves it. In this case, the opinion is dated April 9, 2026, and concludes by saying that if its essential observations are incorporated, the project can be submitted to the Council of Ministers.

Put very simply: we are not yet facing the final regulation, but we already know quite well how the extraordinary regularization process is intended to be organized and what legal and practical problems the Council of State has detected. This is important because it helps us understand who could apply, what documents might be requested, and what points may change in the final text.

Who could access regularization according to the document

The draft reviewed by the Council of State outlines two main access routes. The first is designed for individuals who had applied for international protection in Spain before January 1, 2026. The second is designed for persons in an irregular administrative situation who fit into a new category called extraordinary rooting (arraigo extraordinario).

The general idea of the project is to provide a temporary residence permit due to exceptional circumstances. Furthermore, the draft is based on a very large forecast: it estimates around 750,000 applications and approximately 500,000 beneficiaries, which explains why the Council of State insists so much that the procedure must be very clear and well-organized.

1. The route for asylum seekers

According to the reviewed text, foreign nationals who, before January 1, 2026, had submitted, registered, or formalized their application for international protection in Spain could access this route. However, the Council of State requests an important correction: it considers that this route should not be mixed with statelessness, thus proposing to remove applicants for stateless status from this specific text.

A major objection arises here: the draft stated that if a person applied for this regularization, their asylum procedure would be paralyzed until the regularization request was firmly resolved. The Council of State clearly says this must be removed, as it may create uncertainty and disrupt asylum processing. In simple terms: applying for regularization should not freeze the asylum file.

This is a key takeaway for many migrants: the Council of State disagrees with forcing people to choose between continuing with asylum or entering the extraordinary regularization. Their recommendation is for this “brake” to disappear from the final text.

2. The route for persons in an irregular administrative situation

The second door is that of the so-called extraordinary rooting. Here, the draft places several different groups under the same label. It is not a single situation. They are, in fact, several doors within the same door.

The first sub-route is for people who have already worked in Spain before or who want to work in the future. In the case of those who want to work as employees, the text speaks of an offer or contract, although the Council of State asks to remove the reference to “labor contract” and leave it better defined as a real job offer. In the case of those who want to be self-employed, the draft provides for a “responsible declaration,” but the Council says it must be much better explained what it should contain: activity, sector, scope, experience, and other basic data. It also warns that the text does not clarify well how work already performed in the past will be proven.

The second sub-route is for people living in Spain with their family unit, when in that unit there are minor daughters or sons, adult daughters or sons with disabilities who need support or cannot cover their own needs, or first-degree ancestors with whom they live. In other words: the draft attempts to open a special route for families already living together in Spain who have a situation of dependency or care.

The third sub-route is for people in a situation of vulnerability. Here, the Council of State also puts on the brakes. It accepts that this vulnerability can be accredited by competent social assistance entities and, additionally, by Third Sector entities registered in the Electronic Registry of Immigration Collaborators. But it requires one very important thing: that the regulation explains exactly what is understood by vulnerability. Furthermore, it rejects the presumption that every person in an irregular situation is vulnerable by definition.

3. What happens with minors and families

This is one of the points that most interests many families, and the opinion devotes considerable attention to it. In the case of asylum seekers entering this regularization, the draft provides that their minor children—or adults with disabilities or dependency—can apply for their own authorization at the same time. This application would be resolved simultaneously with that of the main adult. The same is contemplated for first-degree ancestors, spouses, or registered partners when they are part of the cohabitation unit.

To put it very clearly: the document tries to avoid a situation where an adult regularizes their situation, but their daughters, sons, or close relatives are left behind.

The logic of the draft is that, when there is a family living together in Spain, the administrative response should not break that unit nor leave minors in a worse situation. The Council of State values this approach positively.

What documentation might be required

Here it is advisable to be very cautious: this comes from the reviewed draft, not the definitive text. Even so, the opinion does show which papers would play a central role.

Generally, the project mentions: a complete copy of the passport, registration certificate, or valid travel document in Spain; proof of continuous stay in Spain during the five months prior to the application; proof of fee payment; and accreditation of habitual residence.

For asylum seekers, in addition to those general documents, it would be necessary to prove that the request for international protection was submitted before January 1, 2026.

If the application is also submitted for daughters, sons, or other relatives in the same unit, it is logical that documentation proving the family link and, where appropriate, cohabitation or the situation of dependency must be provided.

The most sensitive role: Criminal records

If there is a point where the Council of State gets particularly serious, it is this one. The draft required having no criminal records and proposed some exceptions and flexible solutions. The Council says that this is not enough. It calls for a much more rigorous verification.

In practice, the opinion asks for the removal of exceptions that exempted providing foreign criminal records and also rejects that the lack of that certificate can be so easily replaced with a “responsible declaration.”

Its message is clear: without serious control of criminal records in the country of origin or in countries of previous residence, the procedure remains poorly constructed.

Where and how applications would be submitted

The draft provides that the application be addressed to the Government Delegation or Sub-delegation of the province where the person resides. The maximum resolution period provided in the project is three months from the entry of the application into the registry.

Additionally, the project contemplated enabling other public offices, such as the Post Office or Social Security offices. The Council of State reminds that public companies like Tragsa or Post Office personnel cannot replace the Administration in decisions involving the exercise of public power.

In parallel, the Ministry already opened the Electronic Registry of Immigration Collaborators in March so that migration organizations can provide free support.

What effects submitting the application would have

The draft provides something very relevant: once the application is admitted for processing, the person could work throughout the national territory, in any sector, and both as an employee and as self-employed.

The Council of State asks for clarification on the difference between a simple communication of commencement and a true admission for processing.

Main conclusions and recommendations of the Council of State

First: The Council does not strike down the extraordinary regularization; it says it can be approved if essential parts are corrected.

Second: It calls for a better separation between regularization and asylum, eliminating the automatic paralysis of the international protection procedure.

Third: It demands a much clearer procedure regarding: criminal records, vulnerability, documentation, and administrative organization.

Fourth: It warns of the enormous management challenge due to the volume of hundreds of thousands of applications.

When it could be approved and when it would enter into force

The text analyzed sets a deadline for submitting applications as June 30, 2026.

Right now, as of April 12, 2026, the regularization is not yet in force. Following the release of the opinion, the Government stated it is already working to approve the text “as soon as possible.”

Some journalistic reports place that approval on Tuesday, April 14, 2026, but as of today, that remains a forecast.

Key Idea

The most sensible recommendation today is not to be carried away by rumors.

Until the definitive Royal Decree is published in the BOE, there is no officially open period to submit applications.

What we do have, however, is a fairly clear picture of the direction the process is taking and of the points that will need to be scrutinised closely once the final text is published.

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.

The Council of Ministers has agreed to extend by one year the period for exercising the right to opt for Spanish nationality set out in the eighth additional provision of Law 20/2022, of 19 October, on Democratic Memory, making it possible to extend to a third year the two-year period provided for in that section for exercising the right to opt for Spanish nationality, in the cases recognised in that additional provision.

The application of this additional provision involves the Civil Registry Offices, with a very significant impact on the Consular Civil Registries. In some Consular Posts, despite the efforts made to provide them with additional resources, the two-year period is not sufficient to absorb the demand for appointments for the exercise of the right.

Consequently, it is necessary to exercise the power granted to the Council of Ministers to extend by one year the period of two years foreseen in the law to opt for Spanish nationality, in such a way that all the applications for appointment already submitted and pending the assignment of a date can be dealt with, as well as all the applications submitted that cannot be dealt with in the first two years of application initially foreseen in the law.

The two-year period of two years provided for in that section for the exercise of the right to opt for Spanish nationality recognised by that additional provision for those born outside Spain of a father or mother, grandfather or grandmother, who were originally Spanish, and who, as a result of having suffered exile for political, ideological or religious reasons or for reasons of sexual orientation and identity, have lost or renounced Spanish nationality, as well as persons who are in the following situations, is therefore extended for a third year:

a) Children born abroad to Spanish women who lost their nationality because they married foreigners before the entry into force of the 1978 Constitution.

b) Sons and daughters of legal age of those Spaniards whose nationality of origin was recognised by virtue of the right of option in accordance with the provisions of this law or the seventh additional provision of Law 52/2007, which recognises and extends rights and establishes measures in favour of those who suffered persecution or violence during the civil war and the dictatorship.

The eighth additional provision of the Law of Democratic Memory itself establishes that the aforementioned two-year period begins with the entry into force of the law, so that its validity would end on 22 October 2024.

Since the entry into force of the aforementioned Law, until 31 March 2024, the Consular Civil Registry Offices have received 301,121 applications for the option of Spanish nationality of origin.

More than 95 percent of the applications were received at the Spanish Consular Offices in Latin America and the Consulate General of Spain in Miami. Specifically, the five consulates general of Spain in Argentina account for 40 percent of the applications, and together with the Consulate General of Spain in Havana, they account for more than 53 percent of the applications. In all of them there are a number of applicants who are unlikely to be summoned and attended to before the end of the two-year period provided for in the aforementioned eighth additional provision of the Law.

For this reason, the Government is extending the two-year deadline for applying for Spanish nationality by one year, so that all applications for appointments already submitted and pending the assignment of a date can be dealt with, as well as all applications submitted that cannot be dealt with in the first two years of application initially foreseen in the law.

The crisis in Ukraine has displaced millions, creating one of the largest waves of refugees in recent history. With families separated and lives disrupted, the need for clear and accessible information about relief resources has never been more critical.

UNHCR Platform – Ukraine is Home

The “Ukraine is Home” platform, supported by UNHCR, provides a digital safe haven for those seeking information and guidance. From legal documents to accommodation and medical care, this platform has become an indispensable resource for Ukrainian refugees.

Services and Support Available

European solidarity is manifested through a variety of services aimed at facilitating the integration and well-being of refugees. These services include:

• Legal Advice and Documentation
• Temporary and Permanent Accommodation Options
• Access to Medical and Psychological Care
• Integration and Education Programmes
• Employment and Vocational Training Opportunities

How to Access Help

Accessing these resources can seem overwhelming, but Ukraine is Home simplifies the process. With step-by-step guides and personalised assistance, the platform ensures that no one is left behind.

Navigating the Platform

The platform’s intuitive interface and inclusive language allow users of all ages and abilities to find the help they need with ease.

Information is power, and Ukraine is Home empowers refugees in Ukraine with the knowledge they need to rebuild their lives. We invite you to visit the platform, learn more and, if you can, offer your support.