Today, 15 April 2026, Royal Decree 316/2026 has been approved, amending the immigration regulations and establishing an extraordinary administrative regularisation process for migrants residing irregularly in Spain. This measure, which will remain in force until 30 June 2026, represents a key opportunity to regularise the situation of thousands of individuals and may have a significant impact on companies managing international talent.
What does the new regularisation involve?
The new decree allows migrants in an irregular situation to obtain a residence and work authorisation through an extraordinary procedure. Applications may be submitted online starting tomorrow, 16 April 2026, and in person by appointment from 20 April. The deadline for submitting applications is 30 June 2026.
One of the main requirements is that applicants must have remained in Spain continuously for the five months prior to submitting the application. In addition, they must have been present in Spain before 1 January 2026. This means that only those who meet both time-related requirements will be eligible for regularisation. When submitting the application, applicants must provide documentation proving their stay in Spain.
Applicants must also have no criminal record in Spain or in any country where they have resided during the last five years. They must submit a criminal record certificate duly legalised or apostilled, with a sworn translation if required.
Additional requirements
The Royal Decree also establishes other key requirements:
- Be of legal age.
- Be in an irregular situation in Spain, meaning not holding any valid stay or residence authorisation.
- Not be in the process of applying for an extension, renewal, or modification of a stay or residence permit.
In addition, regularisation may be requested under one of the following three circumstances:
- Having worked in Spain, either as an employee or self-employed, or having a job offer.
- Having family ties, such as minor or dependent children or dependent ascendants.
- Demonstrating a situation of vulnerability that justifies the regularisation request.
Additional benefit: provisional authorisation to work
One of the most relevant measures of this regularisation process is that, once the application is submitted, applicants will receive a confirmation of initiation of the procedure, which will include provisional authorisation to reside and work in Spain.
If the application is rejected, the provisional work authorisation will be automatically withdrawn. Therefore, it is essential that applicants meet all the established requirements to avoid losing this authorisation.
Pending “arraigo” applications: how does this affect current cases?
An important aspect is that applications for residence authorisation based on “arraigo” (social roots) that are already in process will be resolved favourably, provided that the requirements for the extraordinary regularisation are met. This offers a solution for migrants who have already started their regularisation process but have not yet received a decision.
How does this measure impact companies?
The approval of this extraordinary regularization is especially relevant for companies planning to hire foreign talent currently residing in Spain without legal status and therefore ineligible for employment. If any of these candidates meet the established requirements, they will be able to regularize their legal status in Spain and be hired.
If your company has employees who could benefit from this regularisation or if you are considering hiring new international workers under this framework, it is important to be aware of the deadlines and requirements for submitting applications. At Feliu N&I, we provide comprehensive advice and support in managing these procedures, ensuring that your employees can regularise their status in accordance with current regulations.
Our team specialised in global mobility and immigration handles the entire process: from document preparation to application follow-up.
If you need further information or personalised assistance, please do not hesitate to contact us. We are here to help you manage the entire process efficiently and in full compliance with the law.
