And finally, regularisation!

After months of debating requirements, analysing drafts, and why not say it, defending the reputation of professionals who advise and accompany foreigners in immigration procedures, the regulatory modification that comes into force on 16 April 2026 is now here, and allows access to regularisation, subject to compliance with requirements, until 30 June 2026, among other interesting and necessary new features.

1. Relevant modifications other than regularisation:

a) In applications from Spain for residency for family members of Spanish nationals:

• The possibility of submitting applications from Spain for children of legal age and ascendants is also allowed and they are considered beneficiaries of the provisional residence and work authorisation after admission for processing.

b) Exceptional circumstances of roots:

• It is recalled and included as a requirement the need not to be in possession of any authorisation of stay or residence.
• For social and socio-training roots: The content of the integration report is detailed.
• For social and labour roots: Provisional authorisation to work is established from the moment of admission for processing.
• In applications submitted since 20 May 2025 and which are still being processed, only the requirement of being in Spain before 01-01-2026 will be reviewed in order to be granted.

c) In modifications from the situation of stay to residence and work:

• It is specified that the presentation within the deadline of the modification maintains their legal residence status in the same previous conditions until the resolution, even if the total processing exceeds three months.
• The possibility of modifying their status is included for holders of residence for humanitarian reasons of art. 128.1.a).

2. Exceptional circumstances due to roots: applicants for international protection:

a) General requirements:

• Having applied for International Protection before 01-01-2026.
• Make the application between 16-04-2026 and 30-06-2026.
• Be of legal age and be in Spain.
• Not be the holder of a residence or stay permit, nor be interested in the process of granting, extending, renewing or modifying it.
• Not be the holder of the protection authorisations provided for Ukrainians.
• Provide a passport or identification card, although these documents may be accepted if they have expired.
• 5 months of uninterrupted stay in Spain.
• Apostilled and translated criminal record certificate from your country of origin and the countries where you have resided for the last five years. If this is not obtained, it is necessary to provide:
  1. Proof of having applied for it for one month to obtain it through diplomatic channels.
  2. Responsible declaration.
  3. Authorisation from the Spanish authorities.
  4. The above documentation will allow the procedure to be suspended for three months, after which, if the certificate has still not been received, the applicant will be granted a new period of 15 days to provide it.
• The applicant must not represent a threat to public order, nor appear as a rejectable person in the territorial space of countries with which Spain has signed an agreement in this regard, nor be within the period of commitment of non-return.
• Pay the corresponding administrative fee.

b) Ascendants, spouse or cohabiting partner:

• They can apply for their residences simultaneously.

c) Provisional concession of residence and work with the admission for processing and the return or expulsion file:

• With the notification of the commencement of the procedure, provisional authorisation to reside and work is granted. If it is subsequently denied, this provisional authorisation is lost and the employee must inform their employer of this circumstance.
• If it is granted, the expulsion or refoulement procedure derived from Art. 53.1.a) and b) will be closed.
• The validity of the residence permit, if finally approved, is from the date of application and for one year.
• It entitles the holder to work both as an employee and as a self-employed person.

d) Obligation to withdraw the application for International Protection or the appeal, after the granting of this residence.

e) Application for EIT during the month after obtaining it, providing the withdrawal and the rest of the necessary documentation at that time.

f) What happens when the year of validity expires?

1. Modification in accordance with art. 191 within two months before or three months after or,
2. Possibility of extension by accrediting active job search and registration in SEPE as a job seeker; or by providing an integration report; or accreditation of situations that prevent access to employment.

4. Exceptional circumstances due to extraordinary roots:

a) General requirements

• To be in Spain before 01-01-2026.
• Make the application between 16-04-2026 and 30-06-2026.
• Be of legal age and be in Spain.
• Not be the holder of a residence or stay permit, nor be interested in the process of granting, extending, renewing or modifying it.
• Not be the holder of the protection authorisations provided for Ukrainians.
• Provide a passport or identification card, although these documents may be accepted if they have expired.
• 5 months of uninterrupted stay in Spain.
• Apostilled and translated criminal record certificate from your country of origin and from the countries where you have resided for the last five years. If you do not have one, it is necessary to provide:
  1. Proof of having applied for it for one month in order to obtain it through diplomatic channels.
  2. Responsible declaration.
  3. Authorisation from the Spanish authorities.
  4. The above documentation will allow the procedure to be suspended for three months, after which, if the document is still not received, the applicant will be granted a new period of 15 days to provide it.
• They must not represent a threat to public order, nor be listed as a rejectable person in the territorial space of countries with which Spain has signed an agreement in this regard, nor be within the period of commitment of non-return.
• Pay the corresponding administrative fee.

b) Additional specific requirements:

• Fulfil at least one of the following:

1. To have worked during the stay in Spain, or to present a job offer as an employee or a declaration of self-employment.
2. Cohabit in Spain with minor children, or adults with a disability; or cohabit with ascendants.
3. Be in a situation of vulnerability accredited by a report issued by the competent bodies.

c) Ascendants, spouse or cohabiting partner:

• They can apply for their residences simultaneously.

d) Provisional concession of residence and work with the admission for processing and the return or expulsion file:

• With the notification of the commencement of the procedure, provisional authorisation to reside and work is granted. If it is subsequently denied, this provisional authorisation is lost and the employee must inform his/her employer of this circumstance.
• If it is granted, the expulsion or refoulement procedure derived from Art. 53.1.a) and b) will be closed.
• The validity of the residence permit, if finally approved, is from the date of application and for one year.
• It entitles the holder to work both as an employee and as a self-employed person.

e) Obligation to withdraw the application for International Protection or the appeal, after the granting of this residence.

f) Application for EIT during the month after obtaining it, providing the withdrawal and the rest of the necessary documentation at that time.

g) What happens when the year of validity expires?

1. Modification according to art. 191 within two months before or three months after or,
2. Possibility of extension by accrediting active job search and registration in SEPE as a job seeker; or by providing an integration report; or accreditation of situations that prevent access to employment.

5. Common assumptions for descendants of the applicants of the assumptions analysed for the assumptions of arraigo: 

a) General requirements for minors or adults with disabilities born in Spain. 

• Cohabit with the applicant for arraigo in accordance with the provisions analysed.
• 5 months of uninterrupted residence in Spain.
• Make the application between 16-04-2026 and 30-06-2026 at the same time as the family member applying for roots.
• Financial means are not required, nor a housing report.
• Complete copy of the minor's passport.
• Apostilled birth certificate.
• Authorisation, if applicable, from the other parent.
• Documentation of schooling, if applicable.

b) General requirements for minors or adults with disabilities who were not born in Spain 

• Cohabit with the applicant in accordance with the provisions analysed.
• There is no applicable period of prior stay in Spain for the minor, provided that the application is made between 16-04-2026 and 30-06-2026 simultaneously with that of the family member requesting the integration.
• Complete copy of the minor's passport.
• Apostilled birth certificate.
• Authorisation, if applicable, from the other parent.
• Documentation of schooling, if applicable.

The above summary is intended to facilitate understanding of the approved regulatory modifications, as well as access to the new authorisations envisaged. Without yet assessing whether it has been worth the wait, the purpose of the reform seems to be positive.

ECIJA remains at your disposal for any queries related to this matter.

Informative note written by ECIJA Madrid's Labour Law Department.