Royal Decree 316/2026, of 14 April, published in the Official State Gazette (BOE) on 15 April 2026 (BOE-A-2026-8284) and in force since 16 April 2026, establishes the extraordinary regularisation procedure for foreign nationals already residing in Spain. The enabling instrument was published on 30 January 2026 (BOE-A-2026-2142), following the Council of Ministers' agreement of 27 January 2026.
Scope of the process
This is the first extraordinary regularisation in Spain since 2005. The process is aimed at foreign nationals who have been present in Spanish territory but have fallen outside the ordinary regularisation channels (social, labour, family or training arraigo), including:
- People with pending or refused international protection applications.
- People who were unable to access the various arraigo routes provided in the Foreigners Regulations.
- Children under 18 who are the children of applicants and are currently in Spain.
Main requirements
- Prior residence: entry into Spain before 1 January 2026 and at least 5 months of continuous presence in Spain at the time of application.
- No criminal record: no criminal record in Spain or in any country of prior residence during the last 5 years.
- Not an EU/EEA citizen and no current valid residence authorisation.
- Not subject to an enforceable expulsion order.
Evidence of residence
The 5-month residence requirement can be established through:
- Municipal census registration (empadronamiento).
- Records of public services attendance (healthcare, social services).
- Administrative documentation demonstrating presence (dealings with public authorities).
- Any other means admissible under Spanish law.
Procedure and timetable
| Phase | Estimated date |
|---|---|
| Royal Decree 316/2026 published in BOE | 15 April 2026 (BOE-A-2026-8284) |
| Application window opens (decree enters into force) | 16 April 2026 |
| Application window closes | 30 June 2026 |
| Resolution of applications | 6–9 months from application date |
Effects of admission to processing
The mere admission to processing of the application allows the foreign national to work provisionally in any sector and location in Spain, without waiting for the final resolution. This is operationally significant: companies can hire an applicant immediately once their application is accepted for processing.
Authorisation granted
- Initial duration: 1 year.
- After that year, beneficiaries must transfer to the ordinary routes of the Foreigners Regulations (renewal of residence and work authorisation).
- Minors: children under 18 will receive a 5-year authorisation.
Royal Decree 316/2026: key provisions of the enacted text
Royal Decree 316/2026 (BOE-A-2026-8284), now in force, incorporates the following provisions relative to earlier draft texts:
- Expansion of the accepted means of evidence for demonstrating residence.
- Participation of NGOs and trade unions as accredited collaborators who can manage applications on behalf of applicants (Orden ISM/164/2026 — Electronic Register of Immigration Collaborators).
- Simplification of the procedure for accompanying minors.
The accredited collaborator mechanism means that registered legal and social organisations can represent applicants in the full process, which may be particularly relevant for applicants who have difficulty navigating the administrative procedure independently.
Implications for companies
Companies that employ or wish to employ people in an irregular administrative situation must consider:
- Provisional employment: once the application is admitted to processing, the worker can be hired legally.
- Social Security obligations: registration and contribution are required from the first day of work. The admission to processing does not retroactively regularise prior periods of irregular employment.
- Labour Inspectorate: the regularisation process does not exempt employers from liability for previous periods of irregular employment. Companies that have been employing irregular workers should seek legal advice on their exposure.
- Sectors with labour demand: agriculture, hospitality, construction and domestic services are expected to be significantly affected by the regularisation.
Comparison with ordinary residence routes
For those not eligible for the extraordinary process, or who prefer a more permanent route, Spain offers the following ordinary regularisation paths:
| Route | Minimum residence | Work authorisation |
|---|---|---|
| Arraigo social | 3 years | Yes (simultaneous) |
| Arraigo sociolaboral | 2 years + employment offer | Yes |
| Arraigo familiar | None | Yes (with conditions) |
| Arraigo socioformativo | 2 years + enrolment in training | No (initially) |
| Arraigo de segunda oportunidad | 2 years (as former resident) | Yes |
| Extraordinary regularisation 2026 | 5 months | Yes (from admission) |
The extraordinary process is significantly more accessible than any ordinary route, which accounts for the very high expected demand.
Recommendations
For foreign nationals:
- Gather residence documentation (municipal registration certificates, medical records, administrative documents) before the application window opens.
- Request an appointment as soon as the window opens — demand is expected to be very high.
- If using an NGO or trade union collaborator, verify they are registered with the Electronic Register of Immigration Collaborators.
For companies:
- Identify employees who may be eligible for the process.
- Prepare employment contracts to formalise the employment relationship once the application is admitted to processing.
- Ensure Social Security registrations are made from the first day of legal work.
- Take legal advice on historic exposure for periods of irregular employment.
For advisers:
- Register with the Electronic Register of Immigration Collaborators (Orden ISM/164/2026) if acting on behalf of applicants.
- Coordinate the regularisation application with any pending tax residency or NIE registration requirements.
BMC has a specialist immigration and foreigners law team to accompany both individuals and companies through this process. Learn about our immigration services.
Regulatory Framework: Legal Instruments of Spain’s 2026 Extraordinary Regularisation
The extraordinary regularisation operates within a specific legal framework that applicants must understand to assess their eligibility accurately.
Organic Law 4/2000 of 11 January on the Rights and Freedoms of Foreigners in Spain (Ley Orgánica 4/2000, LOEX): This is the foundational instrument of Spanish immigration law, establishing the categories of residence and work authorisations, the requirements for regularisation (arraigo social, laboral and familiar), and the procedural framework for applications. The 2026 extraordinary measure expands on the arraigo-based regularisation pathways of the LOEX by introducing simplified evidentiary requirements and extended eligibility windows for qualifying applicants.
Royal Decree 1155/2024, of 19 November (Reglamento de Extranjería, in force since 20 May 2025): This implementing regulation replaced and reformed Royal Decree 557/2011 and defines the specific documentation requirements, procedural steps and evidentiary standards for each regularisation route, including the five arraigo modalities. Applicants must meet the documentary requirements of the Reglamento as modified by the specific provisions of the 2026 extraordinary measure — including proof of continuous presence in Spain, economic integration (employment contract or self-employment registration), and absence of criminal record in Spain and in the country of origin.
Law 14/2013 of 27 September on Support for Entrepreneurs and Internationalisation: The entrepreneur visa and the highly skilled worker permit routes introduced by this law remain available as alternative pathways for foreigners who do not meet the arraigo requirements but have a qualifying business project or professional profile. For applicants who qualify under both the ordinary and extraordinary routes, a comparative assessment of the rights attached to each permit — duration, family reunification, access to social benefits — is advisable before choosing the application route.
NIE and Tax Registration Obligations: Regularisation through any of the three routes generates the obligation to register for a Número de Identificación de Extranjero (NIE) if not already held, and to fulfil any pending tax registration obligations with the AEAT under the Ley 58/2003 (General Tax Law). Foreign nationals who have been generating income in Spain during their irregular period may have outstanding IRPF or IVA obligations that must be assessed — and potentially regularised — in parallel with the immigration process.
