The Council of Ministers has recently approved the initiation of the procedure for an extraordinary regularisation process aimed at foreign nationals who were already in Spain in an irregular administrative situation. This is a broad-reaching measure intended to address an established social and administrative reality, providing legal certainty both to those affected and to the immigration system.

Written for Expat Network by Eugenia Blasco Rodellar, Partner Immigration area. AGM Abogados

Although the final regulatory framework will be enacted by Royal Decree, the essential elements of the process have already been released, allowing for an initial legal and practical analysis of its scope and of the groups who may potentially benefit.

1.  Context and purpose of the extraordinary regularisation

This regularisation is part of a migration policy aimed at the effective integration of foreign nationals who already live and work in Spain but have been left outside the ordinary residence mechanisms provided for under the Immigration Regulations.

The stated objectives of the measure are to:

• Acknowledge the rights of people who already form part of Spanish society.
• Reduce prolonged administrative irregularity.
• Facilitate entry into the labour market under lawful conditions.
• Provide legal stability for both workers and companies.

This is not an isolated exceptional mechanism, but rather a recognised tool within the Spanish immigration system, used at various moments when social realities have exceeded the capacity of ordinary administrative channels.

2.  Cut-off date and eligible individuals

A key element of the process is the cut-off date, set at 31 December 2025. Foreign nationals may be eligible if they:

• Were in Spain before 31 December 2025, and
• Can prove at least five months’ continuous presence prior to that date.

For applicants for international protection, the requirement is that their application must have been submitted before 31 December 2025, irrespective of its stage of processing.

The regularisation applies regardless of nationality, provided that all regulatory requirements are met, including the absence of criminal records and the individual not posing a risk to public order.

3.  Providing presence in Spain: beyond municipal registration

One of the most significant aspects — and one likely to generate the greatest variety of cases — is how individuals may prove their presence in Spain.

The information released makes it clear that:

• Municipal registration (empadronamiento) is not the only valid form of evidence.
• Presence may be proven through public or private documentation, or a combination of both.

This allows for an individualised analysis of cases where, despite not being registered, applicants have other sufficient evidence (medical, school, banking, employment or administrative documentation, among others).

For this reason, a detailed and strategic preliminary assessment of each case — both legally and documentarily — will be crucial in anticipating potential requests for further information and minimising risks during processing.

4.  Type of authorisation granted

Successful applicants will be able to obtain:

• A residence permit,
• With automatic authorisation to work from day one,
• Valid throughout Spain and across all sectors.

The initial permit will be valid for one year. Once this period ends, the individual will need to transition into the ordinary categories of the Immigration Regulations, enabling gradual and stable integration into the system.

The procedure also enables the simultaneous regularisation of minor children residing in Spain, reinforcing the protection of family unity as a central element of the integration process.

5.  Expected timelines

Although the Royal Decree must still complete its formal adoption, official information indicates that:

• Applications will likely open in April 2026.
• The application window will remain open until 30 June 2026.

Given the defined timeframe and the expected high volume of applications, it is advisable to prepare documentation in advance, avoiding reactive approaches once the window opens.

6.  Practical recommendations and prior legal

From both a legal and practical standpoint, this regularisation requires:

• An individually tailored assessment of each person’s circumstances.
• A robust documentation strategy, particularly in cases without municipal registration.
• Coordination between the person’s administrative, family and employment situation.

For this reason, we recommend seeking specialist legal advice in cases involving non-EU nationals who were in Spain before 31 December 2025 — even if they have been in an irregular situation for years or lack municipal registration.