The announcement of a potential mass immigration regularisation in Spain in 2026 has rapidly become one of the most searched — and most misunderstood — topics in Spanish immigration law.
Social media posts, messaging apps and misleading headlines have generated widespread confusion among foreign nationals currently living in Spain, many of whom believe that a general regularisation process is already underway.
From a strictly legal perspective, it is essential to clarify one point from the outset:
There is currently no mass regularisation in force in Spain.
What does exist is a draft Royal Decree whose content allows for a reasonably precise assessment of who may qualify, under what conditions, and within which timeframe — but no applications can yet be filed.
Current legal status: no active regularisation process
At present, the extraordinary regularisation has not entered into force. The draft Royal Decree has not yet been published in the Official State Gazette (BOE), which means that:
- No applications can be submitted
- No legal rights have been generated
- No administrative procedure is currently open
Until publication in the BOE occurs, the measure has no legal effect. However, the draft text itself is real and provides a clear indication of the structure of the future process.
What the draft regulation actually introduces
The draft Royal Decree proposes two significant amendments to Spain’s Immigration Regulations through the introduction or modification of transitional provisions.
Amendment to Transitional Provision Five
This pathway is primarily aimed at asylum seekers who:
- Applied for international protection in Spain
- Have remained in the country for a prolonged period
- Are socially and/or economically integrated
- Have an asylum application that is still pending or has already been refused
The objective is to resolve the prolonged legal uncertainty affecting individuals whose immigration status has remained blocked for years despite long-term residence.
Introduction of Transitional Provision Six
A second, broader pathway is created through a one-time exceptional residence authorisation for foreign nationals who:
- Were physically present in Spain before 31 December 2025, and
- Can demonstrate at least five months of continuous residence
Importantly, this route is not limited to asylum applicants, substantially expanding the scope of the expected regularisation.
Who may qualify under the 2026 regularisation
Applicants for international protection (asylum seekers)
Individuals who applied for asylum before 31 December 2025 may qualify provided they:
- Are physically present in Spain
- Have no criminal record in Spain or in countries of residence during the last five years
- Do not pose a risk to public order or security
- Are not subject to an entry ban
- Are not bound by a non-return commitment
- Pay the applicable administrative fee
Other foreign nationals present in Spain before 31 December 2025
Under Transitional Provision Six, eligibility may extend to individuals who:
- Can prove at least five consecutive months of residence in Spain
- Have no criminal record
- Do not pose a public security risk
- Are not subject to an entry ban or non-return obligation
- Pay the corresponding administrative fee
Expected application window
Although the regulation is not yet in force, the draft establishes a very limited timeframe for submissions:
- Expected opening: April 2026
- Expected closing date: 30 June 2026
This is expected to be a short and closed window. Applicants who are not prepared in advance may miss the opportunity entirely.
Type of permit that would be granted
Successful applicants would receive:
- A residence and work authorisation in Spain
- Valid for both employed and self-employed activities
- An initial validity of one year
From the moment an application is formally admitted for processing, the applicant would be allowed to reside and work legally in Spain on a provisional basis until a final decision is issued.
The draft also foresees priority processing, requiring the administration to fast-track these applications.
Family members and dependent children
The draft regulation includes specific safeguards for family unity. Eligible applicants may also regularise:
- Minor children
- Adult children with disabilities
These dependants would receive a five-year residence authorisation, providing a higher degree of legal stability.
What not to do at this stage
Until the Royal Decree is officially published:
- Do not rely on unverified social media claims
- Do not pay intermediaries promising immediate filings
- Do not submit documentation without a clear legal strategy
The prudent approach is to:
- Obtain accurate, up-to-date legal information
- Assess eligibility on a case-by-case basis
- Prepare documentation in advance, anticipating evidentiary requirements
Conclusion
Spain’s anticipated 2026 mass regularisation represents a real but limited legal opportunity. It is neither automatic nor universal, and success will depend on:
- Strict compliance with the legal criteria
- Careful preparation of documentary evidence
- Strategic planning aligned with the final regulatory text
As with most extraordinary immigration measures, preparation — rather than urgency — is likely to be decisive.
Professional legal guidance
Digital Nomad Visa and residence applications are assessed on a case-by-case basis, where administrative practice and documentary consistency often matter as much as the legal requirements themselves. Obtaining specialised legal advice at an early stage can help identify potential risks, align the application with current criteria and avoid unnecessary delays or refusals. For personalised assistance, you may contact us at info@nomadimmigrationlawyers.com or call (+34) 660 60 91 92.
