Finally, the good news for the undocumented migrants in Spain, as the EU country has announced a new extraordinary regularisation process. The unique and indeed required measure is designed to provide stability, legal protection, and access to the labour market for thousands of undocumented migrants who have built their lives in Spain.
Who Is This Process For?
The new decree is intended for non-EU foreign nationals who are currently living in Spain in an irregular administrative situation. In simple terms, this means people who do not have a valid residence permit at the time of application.
The measure applies regardless of nationality, as long as the applicant meets all the legal requirements set out in the decree.
It is especially relevant for:
- People who have been living in Spain but could not regularise their status through existing immigration routes.
- Individuals whose asylum (international protection) applications were rejected or who were unable to transition into other legal residence options.
- Undocumented migrants who can demonstrate that they were already residing in Spain before the established deadline.
Main Requirements for Applicants
To qualify under Spain’s new decree, applicants must meet several important conditions, such as the following:
1. Presence in Spain Before 31 December 2025
All potential applicants must prove that they were physically present in Spain before 31 December 2025. This is a fundamental requirement. Anyone who arrived after that date will not be eligible under this extraordinary process.
2. Minimum Continuous Stay of Five Months
At the time of submitting the application, the person must demonstrate at least five months of continuous residence in Spain. Furthermore, continuity is important. Short trips outside Spain could affect eligibility, depending on how the final regulations interpret “continuous stay.”
3. Proof of Stay in Spain
Applicants must provide documentation to prove both:
- Their presence in Spain before 31 December 2025, and
- Their continuous residence for at least five months before applying.
Moreover, the decree allows different types of evidence. These may include public or private documents, or a combination of both.
Examples of supporting documents may include:
- Municipal registration (empadronamiento)
- Medical records or appointment confirmations
- School enrolment documents (for adults or children)
- Rental agreements
- Utility bills
- Bank statements
- Official correspondence sent to a Spanish address
- Transport tickets or other dated documents showing presence in Spain
The key is that the documents must clearly show that the applicant has been living in Spain during the required period.
4. Special Consideration for Asylum Applicants
Individuals who applied for international protection (asylum) may also qualify, provided they can demonstrate that their asylum application was submitted before 31 December 2025. This means indeed the proper documentation proving the submission date of the asylum request will be required.
5. No Criminal Record
A top important requirement is that all applicants must not have a criminal record. This requirement typically applies both in Spain and in previous countries of residence. In addition, the person must not represent a threat to public order or national security. This is a standard condition in Spanish immigration procedures, as well.
What About Minor Children?
The decree also allows for the simultaneous regularisation of minor children who are already in Spain with the applicant. If approved, minors may receive a residence authorisation with a longer validity period compared to the main applicant. This helps ensure family stability and integration.
What Type of Residence Permit Will Be Granted?
If the application is approved, the person will receive:
- A residence and work authorisation
- Valid throughout Spain
- Allowing employment in any sector
The initial validity is expected to be one year. After that period, individuals would need to transition into one of the ordinary residence pathways under Spain’s general immigration law.
Application Period
The government has indicated that the application window is expected to open in April 2026 and remain available until the end of June 2026.
Because this is an extraordinary and time-limited measure, eligible individuals should prepare their documentation carefully and apply within the established timeframe.
Final Considerations
Spain’s new decree represents an important opportunity for undocumented migrants who are already living in the country and who meet the legal requirements.
However, this is not an automatic regularisation. Applicants must provide proper documentation, meet all eligibility conditions, and submit their applications within the official period.
This also means that anyone considering applying should carefully review the final approved version of the decree once published and, if possible, seek professional legal advice to ensure that all requirements are properly met.