Since the Government announced at the end of January 2026 an extraordinary regularisation process for foreign nationals in Spain who are in an irregular situation, enquiries have continued to come in. The measure has raised many hopes, but also many doubts, and the most urgent question in almost every case is the same: when does it begin, who can apply, and what can you do to make sure you are not left out?

WHAT EXACTLY IS THE EXTRAORDINARY REGULARISATION, WHO IS IT AIMED AT?

The 2026 extraordinary regularisation is a process introduced by the Spanish Government so that certain foreign nationals who are in Spain in an irregular situation may obtain a residence and work authorisation. At this point, it is important to make clear that this is not an unconditional amnesty, nor is it a measure that applies to every foreign national in Spain. It has a specific legal framework, with a cut-off date, residence requirements and specific conditions that must all be met at the same time.

The measure will be implemented through a Royal Decree which, at the time of writing this article, has still not been published in the Official State Gazette (BOE), although it is expected to be approved at the end of this month (March) 2026. The period for submitting applications will begin in early April and will end, without extension, on 30 June 2026. The fact that the deadline cannot be extended is not a minor detail, because if you do not submit your application within that time frame, you will not be able to benefit from this process, regardless of whether you meet all the substantive requirements.

The route that is being established is technically known as a residence authorisation on exceptional grounds, linked to the fifth transitional provision of the immigration regulations. Strictly speaking, it is not essential to know this in order to apply for regularisation, but it may help you understand that this is neither an ordinary procedure nor one of the existing arraigo-based routes, but rather an extraordinary route with its own characteristics and logic.

WHO CAN APPLY AND WHAT CONDITIONS MUST BE MET?

The most important condition is that you must have been in Spain before 31 December 2025. And let us be clear: it will not be enough simply to say so; you will need to prove it by means of documents showing your actual presence in Spain, such as a passport stamp or an entry ticket. In addition, when the application is submitted, you will have to show a minimum continuous stay of five months in Spain. That stay may be proved by any evidence admissible in law, which leaves significant room for action, provided the documentary strategy has been properly prepared.

Added to this dual requirement of date of entry and length of stay are other conditions. The applicant must not have a criminal record in Spain or in any country in which they have lived during the five years prior to arrival, must not be subject to a ban on entering Spanish territory, and must not be within the period of a previously assumed commitment not to return. Nor may they hold, or have pending, another residence or stay authorisation, except in the cases specifically provided for in the final wording of the regulation.

There is also a parallel route for people who submitted an application for international protection before 1 January 2026. For that group, the requirements are essentially the same as those under the general route, but they will apparently be applied according to a different logic, given that their prior administrative situation is different. In both cases, the outcome of the regularisation will, in principle, be an initial residence and work authorisation valid for one year.

HOW AND WHERE IS THE APPLICATION SUBMITTED, AND WHAT HAPPENS IF YOU DO NOT HAVE A DIGITAL CERTIFICATE?

The process will be structured in two clearly separate stages. The first consists of collecting and submitting the documentation. The second, which will be handled exclusively by the Case Processing Unit of the Secretary of State for Migration, covers the processing and decision of each individual file.

The main way to submit the application is online, although the Government has recognised that many people do not have a digital certificate or may have difficulty identifying themselves electronically. For that reason, in March 2026, Order ISM/164/2026 of 2 March was published in the Official State Gazette (BOE), regulating the Electronic Register of Immigration Collaborators. This mechanism allows trade unions, NGOs, labour relations professionals and other authorised collaborators to act as intermediaries when submitting applications, which is especially relevant for those in more vulnerable situations or without the means to deal with the procedure themselves.

For those who prefer or need to apply in person, specific offices will be opened in provincial capitals, mainly at Social Security offices. In cities such as Madrid and Barcelona, three service points will be set up, while in other provinces with a higher concentration of foreign population, such as Valencia, Murcia, Alicante or Málaga, two are expected. Opening hours will apparently be in the afternoon, from 4.00 pm to 7.00 pm, Monday to Friday, with appointments required in advance. The figures being used by the Administration for the total number of applications range from five hundred thousand to one million files, which gives a clear idea of the scale of the process and the importance of acting with proper planning.

WHAT MISTAKES CAN CAUSE A WELL-INTENTIONED APPLICATION TO GO WRONG?

The first, and the most common one we have been seeing, is underestimating the importance of documentary evidence. As we have already pointed out, regularisation will not be granted simply because someone is in Spain; it has to be proved in an orderly and credible way. Those who have not followed a consistent approach to keeping documents over time will find that they need to reconstruct their life history retrospectively, and that requires knowing what has evidential value and what does not. An application supported by weak, incomplete or patchy documentation that is difficult to justify will carry a real risk of refusal.

The second frequent mistake is acting without properly reviewing the exclusion conditions. Some people meet the residence requirement but have a prior administrative situation, an ongoing procedure or a ban on entry that excludes them from this route. Discovering this at the moment of submitting the application, or worse still after having submitted it incorrectly, may close off options that could otherwise have been dealt with properly.

The third has to do with deadlines. The application period is short: it starts around the beginning of April and closes on 30 June. The pressure on support and service points will be considerable. Anyone who waits until the last minute to gather documents or request an appointment may find that no slots are available or that their application is incomplete by the closing date.

HOW SHOULD YOU PREPARE BEFORE THE APPLICATION PERIOD OPENS?

The time remaining before the formal opening of the process should not be seen simply as waiting time, but as preparation time. The first step is to check whether the requirements of having entered Spain before 31 December 2025 and having remained continuously in the country for five months are met, because without that basis there is no point in moving forward. Next, it is advisable to identify which documents are already available and which still need to be obtained or reinforced. Criminal record certificates from the country of origin require consular processing and time; in some cases, obtaining them may take weeks, and the deadline for submitting the application will wait for no one.

If your personal administrative situation includes any factor that may give rise to doubt, such as a previous application still being processed, a departure and return that may interrupt continuous residence, or any circumstance affecting the exclusion requirements, it is essential to analyse it before submitting anything. Acting without that prior assessment is an unnecessary risk in a process with a fixed closing date and no second chance within this extraordinary route.

At Servicios de Extranjería, we support every case with an individual assessment of the situation before starting any procedure, because in processes like this the details make the difference between a favourable decision and an avoidable refusal. If you have doubts about whether you meet the requirements, how to organise your documentation, or how to deal with any circumstance that complicates your case, we recommend that you CONTACT US.”