Last updated: 16 April 2026

The new extraordinary immigration regularisation of 2026 in Spain now has an official legal basis. We have finally moved beyond drafts and speculation to a full reform of Organic Law 4/2000 of 11 January on the rights and freedoms of foreign nationals in Spain and their social integration, already published in the Official State Gazette (BOE) and effective from 16 April. Two exceptional routes are therefore now open for obtaining temporary residence authorisation for foreign nationals who were already in Spain before 1 January 2026 and who meet certain requirements.

Today, we want to explain why the practical significance of this reform is enormous. On the one hand, it creates a specific route for people who applied for international protection before 1 January 2026. On the other hand, it introduces an extraordinary arraigo route for those who, even if they are not in that situation, can prove a genuine connection with Spain through work, family unity or vulnerability. In both cases, the authorisation may be applied for until 30 June 2026, and from the moment the commencement of processing is notified, the applicant is provisionally authorised to reside and work, both as an employee and on a self-employed basis, until the application is decided.

That said, one important point should be clarified: the EX-32 form currently in use relates specifically to the extraordinary arraigo route under Additional Provision Twenty-One and to certain related cases, such as specific family members, sons and daughters who are minors, and extensions linked to that same provision. It should not therefore be confused with the general legal framework of the extraordinary regularisation of 2026 as a whole and the specific form currently provided for under Additional Provision 21.

CONTENTS

What exactly Spain approved in April 2026
What the two extraordinary regularisation routes are
Common requirements that (almost) all applications must meet
Specific requirements of the route for applicants for international protection
Specific requirements of extraordinary arraigo
Required documentation: what must actually be submitted?
How to prove five months of uninterrupted residence
Foreign criminal records: one of the most delicate issues
Where the application is submitted and how it is processed
What happens while the application is being processed
What happens if your authorisation is granted
Minors, sons and daughters with disabilities, and family members
Expulsion, return and departure orders: what effect a grant may have
Why process your regularisation with Servicios de Extranjería

1) WHAT EXACTLY DID SPAIN APPROVE IN APRIL 2026 ⚖️?

Royal Decree 316/2026 amends the 2024 Immigration Regulations and incorporates two new additional provisions: first, Additional Provision Twenty, aimed at certain persons who applied for international protection before 1 January 2026; second, Additional Provision Twenty-One, which creates a temporary residence authorisation on exceptional grounds based on extraordinary arraigo. The legislation is justified on grounds of administrative integration, protection of rights, combating irregularity, sustainability of the system, and responding to situations of vulnerability.

Put another way, the “2026 regularisation” is not a single category with one form and one type of beneficiary. Legally, these are two different routes which, although they share certain common requirements, each have their own specific requirements as well. That is why the first step is not simply “submitting the paperwork”, but properly fitting the case into the correct route. In practice, it must already be borne in mind that form EX-32 relates to Additional Provision 21, not to all cases covered by the extraordinary regularisation.

2) WHAT ARE THE TWO EXTRAORDINARY REGULARISATION ROUTES 🛣️?

Route for applicants for international protection

This route is intended for foreign nationals who, before 1 January 2026, had submitted, registered or formalised an application for international protection in Spain. The explanatory memorandum to the Royal Decree expressly links it to those whose application or appeal remained unresolved, and the legislation adds a consequence of considerable importance: if the application is granted, the person must withdraw the asylum application or pending appeal.

Extraordinary arraigo route

This second route is intended for foreign nationals who were in Spain before 1 January 2026 and who, in addition to meeting the general requirements, can prove at least one of the following three situations:

They have worked or intend to work;
They live with a qualifying family unit in Spain; or
They are in an accredited situation of vulnerability. (This is precisely the route to which form EX-32 circulated for Additional Provision 21 relates.)

3) COMMON REQUIREMENTS THAT (ALMOST) ALL APPLICATIONS MUST MEET ✅

Both under the international protection route and under the extraordinary arraigo route, the legislation clearly requires a common baseline. The applicant must:

Be of legal age;
Be in Spain at the time of submitting the application;
Not hold a stay or residence authorisation;
Not have the status of an interested party in proceedings aimed at the grant, extension, renewal or modification of stay or residence authorisations. (This point is decisive, because the extraordinary regularisation is not designed for someone who is already within another ordinary administrative route.)
Not be and not have previously been the holder of a residence authorisation arising from temporary protection for displaced persons from Ukraine;
Provide a full copy of their passport, even if expired, or alternatively a registration certificate or travel document recognised as valid in Spain, also even if expired;
Prove uninterrupted residence in Spain during the five months prior to the application;
Have no criminal record within the regulatory terms required, not pose a threat to public order, public security or public health, not be listed as inadmissible, and, where applicable, not be within the period of a commitment not to return to Spain.
Pay the relevant administrative fee. (The fee for processing a temporary residence authorisation on exceptional grounds based on arraigo is currently set out in Order PJC/617/2025 and, as of today, amounts to 38.28 euros.)

4) SPECIFIC REQUIREMENTS OF THE ROUTE FOR APPLICANTS FOR INTERNATIONAL PROTECTION ☑️

If the route under Additional Provision Twenty is chosen, it is not enough simply to have been in Spain before the cut-off date. Before 1 January 2026, the person must have submitted, registered or formalised an application for international protection in Spain. That status must be capable of being documented. In addition, if the authorisation is ultimately granted, the legislation requires the applicant to withdraw from the international protection procedure or pending appeal, and proof of that withdrawal will later be required in order to apply for the TIE.

This detail changes the entire strategy of the application. We do not believe it is just another alternative; it is an option that may entail leaving the asylum route behind in order to consolidate residence on exceptional grounds. It is therefore essential to study very carefully whether this route is advisable, when it should be used, and what consequences it will have for the person concerned and their family unit.

5) SPECIFIC REQUIREMENTS OF EXTRAORDINARY ARRAIGO ☑️

In addition to the common requirements, extraordinary arraigo requires proof of at least one of the following three categories:

FIRST: having worked in Spain as an employee or on a self-employed basis during residence in Spanish territory, or proving an intention to work.

For employed work, the legislation allows a job offer to be submitted. The provision adds that, for employment purposes, all contractual forms provided for in current legislation will be accepted, provided that the contract or aggregate of contracts has a duration of more than ninety days in one year (without specifying any particular number of working hours).
For self-employed work, it provides for a declaration of responsibility using a specific form. In practice, from what we have observed, form EX-32 appears to indicate that the self-employed option also requires a description of the intended activity together with the corresponding declaration of responsibility.

SECOND: remaining in Spain together with the family unit, where that unit is composed of sons or daughters who are minors, adult sons or daughters with a disability requiring support or who are objectively unable to meet their needs for health reasons, or first-degree ascendants with whom they live. Here, it does not appear sufficient merely to allege kinship; cohabitation and documentary integration of the family unit will be essential. Moreover, where relevant, it will be especially important to justify the schooling of minors or disabled adults with whom the applicant lives.

THIRD: being in a situation of vulnerability, accredited by means of the specific form issued by the competent social assistance bodies. Such vulnerability may also be certified by third-sector entities registered in the Electronic Register of Immigration Collaborators. The legislation itself defines that vulnerability broadly, by reference to administrative irregularity and to personal, economic, social, psychosocial, family or housing-related circumstances affecting living conditions or effective access to rights. It therefore appears clear that there must be formal certification capable of being used in the procedure.

6) REQUIRED DOCUMENTATION: WHAT MUST ACTUALLY BE SUBMITTED 📜?

A properly prepared application should include everything necessary to identify the person, correctly classify the case legally, prove residence, deal with documentary issues and avoid a subsequent request for further information. As a starting point, the legislation requires acceptable identity documentation, proof of five months’ residence, evidence supporting the chosen route, proof of payment of the fee, and, where applicable, criminal record certificates from the country of origin and from the countries where the person has resided during the five years prior to entry into Spain.

However, where the application is made under Additional Provision 21, form EX-32 requires that logic to be translated into specific documents:

If the labour route is used, a copy of the contract, job offer or supporting documentation proving that the person has worked in Spain during the period of residence must be provided.
If the application is based on an intention to carry out self-employed activity, the corresponding declaration of responsibility must be included, together with a brief description of the proposed activity, as mentioned above.
If the application is based on the family unit, in addition to identity and kinship documents, it is advisable to include clear proof of cohabitation and, where appropriate, documentation showing the schooling of the minors or adults with disabilities with whom the applicant lives.
If the application is based on vulnerability, the certificate or report issued by the competent body or by the duly registered third-sector entity must be submitted; a mere generic letter will not suffice.

In practice, it will also be advisable to include coherent documentation concerning address and habitual residence, administrative history, family situation, employment or social traceability, and any other element enabling the Administration to verify quickly that the application is complete and properly put together. Where the case is submitted through a representative, as in our case, that representation must also be duly evidenced. In immigration procedures processed from within Spain, this may be formalised by means of a notarial power of attorney or an apud acta authorisation in the electronic register, without prejudice to other cases permitted by the regulations.

There is also a formal aspect that many people may overlook, namely that foreign documents usually require either a Hague Apostille or legalisation, depending on the issuing country, and in addition an official translation into Spanish where appropriate. This requirement does not arise specifically from the regularisation; it is a general requirement under the documentary regime applicable in immigration matters.

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What’s more, another relevant formal detail for certain self-employed applications exists: the form itself includes a declaration that the person is not within a commitment not to return to Spain and another declaration that they do not have healthcare cover in Spain chargeable to another State or to a third party obliged to pay. These are matters which, in our view, should not be left until the last moment or treated as mere minor formalities.

7) HOW TO PROVE FIVE MONTHS OF UNINTERRUPTED RESIDENCE 🏠

The legislation provides that uninterrupted residence during the five months prior to the application may be proved by any evidence valid in law, provided that it includes personal data enabling the applicant to be identified. It does not impose one single closed list of documents, which gives some flexibility, but it should also be borne in mind that the evidence must be presented in a formal and orderly way.

In practice, we have been observing that a continuous documentary chain tends to work better than one isolated item of evidence. For example, certificates or historical records of municipal registration, medical appointments, school documentation relating to children, tenancy agreements or rent receipts, bank transfers, bank statements, remittance receipts, transport records, social services assistance records, NGO documents or administrative communications. The key is not so much having many papers, but that they show continuity over time and do not leave gaps. To a greater or lesser extent, the strategy will consist of selecting those documents which best support real and continuous residence.

In addition, where there have been previous administrative proceedings in Spain, even refusals or unfavourable decisions, it may be useful to submit them when they help reinforce proof of residence in Spanish territory. Very often, that earlier administrative documentation fits the evidential logic of the application better than might first appear.

In accordance with the criteria laid down in the Civil Procedure Act, that category expressly includes: examination of the parties, public documents, private documents, expert reports, judicial inspection and witness examination, as well as means of reproducing words, sound and image, and instruments enabling words, data, figures and relevant mathematical or accounting operations to be stored, known or reproduced; in addition, any other means not expressly listed is also admissible if it can provide certainty regarding relevant facts. In administrative proceedings, evidence may be rejected only if it is manifestly inappropriate or unnecessary.

8) FOREIGN CRIMINAL RECORDS, ONE OF THE MOST DELICATE ISSUES 👩🏻‍⚖️

One of the most sensitive aspects of the procedure is the criminal record certificate from the country of origin and, where applicable, from the countries where the person resided during the five years prior to entering Spain. It is not enough merely to declare that there is no criminal record; this must be documented. In addition, the Administration will obtain, of its own motion, reports from the Central Criminal Records Register, European Union databases and a police report. Although the existence of police records does not automatically lead to refusal, it does entail an assessment on a case-by-case basis.

The legislation does, however, provide for an exceptional solution where the country of origin does not send the certificate in time. If the person proves that they applied for it and one month has passed without any response, they may activate the extraordinary mechanism provided for in such cases. Here, however, it is essential to be very precise: it is no longer enough simply to state this, but rather to submit the specific documentation required by the procedure. In practice, it will be necessary to provide proof that the certificate was requested, the corresponding declaration of responsibility, and authorisation for the Spanish authorities to obtain it through diplomatic channels, together with a sworn translation where appropriate. It may even be necessary to prepare a specific set of documents for each recipient country. In such a case, the procedure may be suspended for up to three months; if the document still does not arrive, the Administration will require the applicant to provide it within fifteen days, warning that the application will be deemed withdrawn if they fail to do so.

This is precisely one of the areas in which professional handling adds the most value: identifying from the outset whether the foreign criminal record certificate will be easy, difficult or almost impossible to obtain, and designing the correct documentary strategy before the application reaches a dead end.

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9) WHERE THE APPLICATION IS SUBMITTED AND HOW IT IS PROCESSED 🏛️

The application may be submitted personally or through a representative up to 30 June 2026, before the public offices enabled in the province of residence or by electronic means. The legislation provides for a specific, preferential and separate procedure, and states that public offices will be enabled throughout the national territory, including Post Office branches, Social Security offices and certain immigration offices. It also requires the use of a specific form and the submission of a questionnaire on educational, training and socio-labour circumstances, which is statistical in nature and does not affect the decision.

This means that the application must be submitted through the correct channel, using the correct form and in accordance with the specific procedural logic of these additional provisions. Under the extraordinary arraigo route, the form circulated is EX-32, which also covers cases involving family members, sons and daughters who are minors, and certain extensions linked to authorisations granted under Additional Provision 21. That is why this form should not be confused with the other extraordinary route, namely that relating to international protection, which responds to a different legal framework.

Furthermore, if the application is incomplete, the Immigration Application Processing Unit may request rectification, granting a period which may not exceed fifteen days, with a warning that the file will be closed if the requirement is not met.

10) WHAT HAPPENS WHILE THE APPLICATION IS BEING PROCESSED 🛠️

This is one of the most attractive features of the 2026 regularisation, because from the notification of commencement of processing, the applicant is provisionally authorised to reside and work, both as an employee and on a self-employed basis, anywhere in Spain and in any sector. That authorisation remains in force until the decision is issued, including during any procedural suspensions provided for by law.

That said, precision is important. The authorisation arises from the notification that processing has commenced, not from the mere private preparation of the application. That is why it matters so much to submit a complete case, without avoidable errors and through the correct route. A poorly prepared application will delay the point at which that provisional status begins to have real effect. In addition, the maximum period for a decision is three months, and administrative silence is negative, so we must not lower our guard or interpret silence as tacit approval.

11) WHAT HAPPENS IF YOUR AUTHORISATION IS GRANTED? 👍

If the decision is favourable, the authorisation will have an initial validity of one year and will entitle the holder to reside and work, both as an employee and on a self-employed basis, throughout the national territory. Under the international protection route, the authorisation is treated as temporary residence on exceptional grounds based on social arraigo; under the extraordinary arraigo route, the authorisation will be one of extraordinary arraigo.

After the grant, the person must apply for the Foreigner Identity Card (TIE) within the following month. Under the route deriving from international protection, proof of withdrawal of the asylum application or appeal must also be provided. In practical terms, the TIE application is made in person and usually requires, among other things, form EX17, payment of the relevant card issuance fee and personal attendance for fingerprinting.

Later on, during the two months prior to the expiry of the authorisation, it will be possible to apply for a modification to the regime that is appropriate under Article 191 of the Regulations. If the application is made within the three months after expiry, the previous authorisation is also extended until a decision is issued, although sanctioning proceedings may be initiated. Exceptionally, if modification is not possible, the legislation allows a one-year extension on the basis of active job-seeking or a favourable integration report, and a four-year extension in justified cases of serious illness, disability or statutory retirement.

12) MINORS 🧒🏻, SONS AND DAUGHTERS WITH DISABILITIES 🦽, AND FAMILY MEMBERS 👨🏻‍👩🏻‍👧🏻

It is important to stress that the regularisation is not limited to the main applicant. First Transitional Provision allows foreign nationals applying for these authorisations and who have sons or daughters who are minors, or adult children with disabilities or an objective inability to meet their own needs for health reasons, to submit simultaneously the residence application for those minors or dependants under Articles 159 or 160 of the Regulations. The legislation relaxes certain important requirements; for example, under Article 160 it waives the prior two-year residence requirement and the need to prove financial means and accommodation for family reunification, although it still requires the minor to have resided uninterruptedly in Spain during the five months prior to the application.

In addition, from the practical perspective of the form, EX-32 already expressly provides boxes for a minor child born in Spain, a minor child not born in Spain, and a family member of an applicant for authorisation under Additional Provision 21. This makes it necessary to review from the outset whether it is advisable to process the application simultaneously for the main applicant and the related family members, rather than improvising partial solutions later on.

The explanatory memorandum to the reform states that these authorisations for minors will have a validity of five years, thereby strengthening their protection and the best interests of the child. Under the ordinary regime, Article 159 already provides for five-year residence for minors born in Spain in certain cases, which helps to explain the protective scope of this transitional provision.

13) EXPULSION, RETURN AND DEPARTURE ORDERS: WHAT EFFECT A GRANT MAY HAVE ⏏️

The legislation includes a particularly relevant effect for many currently complex applications, namely that if the applicant is affected by return or expulsion proceedings for the infringements set out in Article 53.1(a) and (b) of Organic Law 4/2000, the grant of the authorisation will lead to the closure of the proceedings and, where appropriate, the revocation of the relevant order. This does not mean that every previous issue automatically disappears merely because the application is submitted, but it does mean that a favourable decision may have that curative effect. For precisely that reason, in cases involving previous administrative issues, proposed expulsion, prior breaches or police records, prior analysis of the application is essential.

14) WHY PROCESS YOUR REGULARISATION WITH SERVICIOS DE EXTRANJERÍA ✈️?

The new extraordinary regularisation of 2026 opens a genuine window of opportunity, but it also requires a high degree of technical precision. It is not a procedure that should be improvised or reduced to merely submitting whatever documents happen to be available at the last minute. It is necessary to verify the date of entry into Spain, choose the correct route, review criminal records, check for incompatibilities, prepare the evidence of residence, decide whether apostille and translation are needed, organise family documentation, design the strategy if foreign criminal record certificates are missing, and submit the application coherently from day one.

At Servicios de Extranjería, that is precisely the critical phase on which many applications turn: the legal classification, the full documentary review and the correct submission. We analyse whether your case falls under the international protection route or extraordinary arraigo, identify obstacles before the Administration does, coordinate foreign documentation, review representation, and prepare the application with an eye not only to the grant itself, but also to the TIE, any related family members, vulnerability reports where necessary, and the future modification of residence status.

Because regularising your status is not simply a matter of lodging an application, but of submitting an application capable of withstanding administrative scrutiny, reducing risk and genuinely making the most of this legal window, we encourage you to CONTACT SERVICIOS DE EXTRANJERÍA.