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
| Case status | Can they continue working? |
|---|---|
| Received the notice that the procedure started and fewer than three months have passed | Yes |
| Received the notice that the procedure started and more than three months have passed | Yes |
| Three months have passed without an express decision | Yes, as long as no express refusal has been notified |
| The case still appears as being processed | Yes, if the provisional authorization was previously recognized |
| An approval decision has been notified | Yes, with the definitive authorization granted |
| An express refusal decision has been notified | The provisional authorization loses its validity |
| Only the application was submitted, but the notice that the procedure started has not been received | The provisional authorization has not yet been recognized |
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:
- Una copia de la comunicación de inicio del procedimiento.
- El documento en el que conste que la persona está provisionalmente habilitada para residir y trabajar.
- Una copia del NIE, pasaporte o documento identificativo de la persona trabajadora.
- Los justificantes relacionados con el alta y la afiliación en la Seguridad Social.
- Las comunicaciones posteriores recibidas de la Administración.
- 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.
