Spain Approves Royal Decree for Extraordinary Regularisation of 500,000 Undocumented Migrants

Spain’s newly approved extraordinary regularisation process, adopted by Royal Decree on Tuesday, January 27, 2026, is designed to convert certain long-term undocumented residents into documented residents with work authorization, potentially affecting roughly 500, 000 undocumented migrants (with estimates sometimes reaching about 600,000).

1) Overview of the extraordinary regularisation

An extraordinary regularisation is a one-time, government-created pathway that allows certain undocumented residents—who meet defined criteria—to obtain lawful residence and permission to work.

Unlike standard regular routes (family reunification, employer sponsorship, or long-term residence permits), an extraordinary regularisation typically aims to address a large population already living and working in the country, often in the informal economy.

Spain adopted this measure through a Royal Decree, a legal instrument the Spanish government can use to put rules into effect quickly. In practical terms, the Royal Decree’s “immediate effect” means the policy is legally in force without needing a separate parliamentary vote first.

It does not mean everyone becomes regularised automatically; applicants must still file during the set window and prove eligibility.

The government’s estimate of the beneficiary population is commonly cited around 500,000, though some public estimates run higher. Those figures vary because different institutions count different subgroups (people with some records vs. none, recent arrivals vs. longer-term residents, and regional concentration such as Catalonia).

2) Eligibility criteria and accepted evidence

Core eligibility framework (as described by the government)

While the final implementing instructions control, the publicly announced framework centers on:

• Presence in Spain before a cutoff date: Applicants must prove they were physically present in Spain before December 31, 2025.
• Continuous residence requirement at filing: Applicants must show at least five months of continuous residence in Spain at the time of application.
• Criminal record condition: Applicants must show they do not have a relevant criminal record.

“Continuous residence” typically means Spain was the person’s real, ongoing place of living. Short, well-documented breaks may be explainable, but long or frequent absences can raise issues.

If you had gaps, it is often helpful to document why (medical emergency, family crisis) and show you kept ties to Spain (lease, bills, school records, appointments).

For criminal records, applicants should expect scrutiny of convictions in Spain and, where required, records from countries of prior residence or nationality. What is “relevant” can depend on the offense, sentence, recency, and whether it indicates a public-safety concern under the implementing rules.

Evidence strategy: traditional and non-traditional proof

Spain has signaled it will accept non-traditional evidence to reflect real life for people working informally. A strong file usually tells a consistent story of day-to-day life in Spain over time.

Traditional evidence often includes municipal registration records and housing documents. Non-traditional evidence may include:

• medical or clinic records
• utility bills or phone bills
• school or childcare records
• remittance or money-transfer receipts
• bank movements or prepaid card activity
• NGO letters paired with corroborating documents

The implementing guidance is expected to label certain items as required and others as optional. Treat that labeling seriously.

Where you lack a “traditional” item, a coherent bundle of non-traditional documents may still help demonstrate residence.

Warning: Do not submit altered documents or “purchased” padrón registrations. Fraud findings can lead to denial and may trigger enforcement consequences.

3) Timeline and application window

Spain has indicated the application window is expected to open in April 2026 and close on June 30, 2026. Even though filing starts later, early preparation matters because applicants may need time to obtain criminal record certificates, medical records, municipal history, translations, and apostilles where required.

Two timing rules work together:

• Present before December 31, 2025 (a fixed historical cutoff), and
• Five months continuous residence at the time you apply (a moving requirement tied to the filing date).

That means someone present before the cutoff still must show the five months of continuous residence leading up to (or encompassing) the filing period, depending on how the final rules measure those months.

“Immediate effect” means the Royal Decree exists now as law. It does not eliminate the scheduled filing window, appointment requirements, fees (if any), or documentary standards.

Deadline: If the filing period ends on June 30, 2026, a late submission may be rejected even if you otherwise qualify. Plan for appointment backlogs.

4) Beneficiaries and scope

This extraordinary regularisation is aimed at undocumented residents who meet the criteria, not a universal amnesty for anyone who enters Spain. Estimates differ because the undocumented population is not a single, fixed set: some people have partial records (health cards, school enrollment, municipal registration), while others have avoided institutions entirely.

Geography also matters. Reports citing more than 150,000 potential beneficiaries in Catalonia reflect how work opportunities and established communities can concentrate residence in certain regions.

The scope boundaries are important:

• It is designed for people already living in Spain who can prove residence and meet public-safety conditions.
• It is not a substitute for asylum, family-based permits, student residence, or other standard categories.
• Individuals with complex enforcement histories may face additional hurdles.

5) Rights and benefits granted

The central benefit is lawful residence with work authorization. That typically allows a person to:

• work formally with a contract
• register for social security contributions
• access labor protections and wage enforcement mechanisms
• reduce exposure to exploitation tied to irregular status

The government has also indicated the process may have a pausing effect on pending deportation matters, but the impact can vary. People with active removal orders or pending proceedings should treat this as a major decision point and seek individualized advice.

Access to public healthcare and the social security system often becomes more straightforward once a person is documented and working formally, though eligibility for specific benefits may still depend on contribution history and regional rules.

Spain has described the status as a provisional permit with an exact validity period set out in the implementing materials. Applicants should confirm the precise duration and renewal or transition options in the published text.

6) Step-by-step process (what applicants should expect)

Because implementing instructions can change details, applicants should follow the BOE publication and Ministry guidance closely. In many cases, the process will look like this:

1. Confirm eligibility against the cutoff and residence test — Collect proof you were in Spain before Dec. 31, 2025, and proof of continuous residence leading up to filing.
2. Request criminal record certificates early — Obtain Spanish certificates and, if required, foreign certificates. Check validity periods and translation requirements.
3. Build a chronological residence file — Organize documents month-by-month. Add brief explanations for gaps or inconsistencies.
4. Complete the official application form and pay any required fee — Use the form and payment method specified in the BOE/Ministry instructions. Keep proof of submission.
5. Attend any required appointment (fingerprints/identity verification) — Bring originals, a copy set, and proof of your filing.
6. Respond to any request for evidence (RFE) — If authorities request more proof, respond within the deadline and address the specific issue raised.
7. Decision and next steps — If approved, follow instructions to obtain the residence card/authorization proof and confirm work registration steps. If denied, review appeal or reconsideration options under Spanish administrative procedures.

Warning: The most common denial drivers in mass programs are missed deadlines, inconsistent address histories, missing required items, and unaddressed criminal-record questions.

7) Context for UK and U.S. readers (and a key misinformation note)

This is a Spain-only measure. The UK has its own immigration rules and does not automatically recognize Spanish regularisation as UK status. Similarly, the United States has no role in administering Spain’s process.

There were no official DHS/USCIS statements tied to Spain’s internal regularisation as of January 27, 2026.

For readers comparing systems: U.S. “regularisation” concepts often arise through specific statutes (for example, adjustment of status under INA § 245) or humanitarian programs, each with separate eligibility and enforcement consequences. Those U.S. provisions do not apply to Spain’s decree.

Finally, some reports have referenced “migrant registration” in Port of Spain (Trinidad and Tobago). That is not related to Spain’s national regularisation policy and should not be conflated with it.

Official sources (Spain)

For authoritative text and updates, rely on:

• The Official State Gazette (BOE)
• Spain’s government presidency site (La Moncloa)
• The Ministry of Inclusion, Social Security and Migration

If your situation includes prior arrests, an existing removal order, identity/document issues, or cross-border travel concerns, consult a qualified immigration attorney in Spain before filing.

Resources:

– AILA Lawyer Referral