Spain's 2026 Extraordinary Regularisation: Who Qualified, What the Permit Gives, What Happens Next
Royal Decree 316/2026 of 14 April, published in the Official State Gazette on 15 April 2026, opened the widest regularisation Spain has run in two decades: a temporary residence permit "for exceptional circumstances on grounds of extraordinary rootedness" for people who were already in Spain before 1 January 2026, plus a parallel route for asylum seekers whose claims were pending. The application window closed on 30 June 2026. This guide explains the conditions as the decree writes them, what the permit allows, and what holders and late-comers can do now.
Quick answer
The 2026 regularisation gave a temporary residence authorisation to foreigners who could show they were in Spain before 1 January 2026, had stayed continuously for the 5 months before applying, had no criminal record (records that can be cancelled in Spain were disregarded) and were not a threat to public order, security or health, and who had worked or intended to work, lived with minor children or dependent relatives, or otherwise showed ties to Spain. Applications were accepted until 30 June 2026. From the moment the administration acknowledged the start of processing, the applicant was provisionally allowed to live and work, as an employee or self-employed, until the decision, which had to come within 3 months. The permit granted is valid for one year and counts as an arraigo social authorisation. A second route, for people who had lodged an asylum claim before 1 January 2026, ran on the same deadline. Every condition below is quoted from the decree in the BOE.
What the decree did
Royal Decree 316/2026 amends the Immigration Regulation approved by Royal Decree 1155/2024 of 19 November, the regulation that implements Organic Law 4/2000 on the rights and freedoms of foreigners in Spain. Its preamble explains the reasoning: after almost a year of the 2024 regulation, and ahead of the entry into force of the EU Pact on Migration and Asylum, the government decided to give an administrative solution to people who had lived in Spain for a long time and, for reasons beyond their control, could not reach an ordinary residence permit. Two new additional provisions do the work:
- Additional provision 20: a residence authorisation for exceptional circumstances on grounds of rootedness for foreigners who had applied for, registered or formalised an application for international protection in Spain before 1 January 2026.
- Additional provision 21: a residence authorisation for exceptional circumstances on grounds of extraordinary rootedness for people who were in Spain before 1 January 2026 and met the provision's conditions.
The conditions, as written
| Condition | What the decree says |
|---|---|
| Presence in Spain | In Spain before 1 January 2026 |
| Continuous stay | Uninterrupted presence during the 5 months before the application, provable by any evidence valid in law that identifies the person |
| Criminal record | None, in the terms of Article 126(d) of the regulation; records that can be cancelled in Spain are not taken into account |
| Public order | No threat to public order, public security or public health, checked through the criminal-record search and the police report; an entry in the police report is not by itself an automatic ground for refusal |
| Ties to Spain | Having worked or intending to work; living in Spain with a family unit of minor children, adult children with a disability needing support, or ascendants; or other accredited links |
| Identity document | A passport, registration card or travel document recognised in Spain, in force or expired |
| Deadline | Applications until 30 June 2026 |
Provisional right to work
The most practical feature of the scheme was the provisional authorisation. From the communication that processing had started, the applicant was provisionally entitled to reside and to work, as an employee or self-employed, until the decision. The maximum time to decide and notify was 3 months from the day after the application entered the register of the competent body, with suspensions possible under Article 22 of the Common Administrative Procedure Act. If the final authorisation was granted, its effects were backdated to the date of application. If it was refused, the provisional work authorisation lapsed automatically; where the person was employed, the employer had to be informed at once.
Families and children
The decree reads the applicant's family situation as evidence of rootedness: living with minor children, with adult children who have a disability requiring support, or with ascendants. It also flexes the rules for children: the relaxation applies, until 30 June 2026, to the sons and daughters of parents in Spain who hold a residence authorisation, and the regulation already treats the residence of minors under public guardianship as regular for all purposes under Article 35.7 of the Organic Law.
Asylum seekers
Additional provision 20 offered a way out of the asylum queue. A person who had lodged an international-protection claim before 1 January 2026 could request a residence authorisation on grounds of rootedness, on the same 30 June 2026 deadline, with the same provisional residence and work entitlement from the start of processing and the same 3-month decision period.
What happens now that the window has closed
- Pending files. The 3-month decision clock runs from registration; the provisional residence and work entitlement continues until the decision is notified.
- Granted permits. The authorisation is valid for one year and is treated as a temporary residence authorisation for exceptional circumstances on grounds of arraigo social, so the 2024 regulation's rules for that family of permits govern renewal and modification; holders should diarise the expiry date on their foreigner identity card, which is issued for the validity of the authorisation.
- Missed the deadline. The ordinary rootedness routes in the 2024 regulation (arraigo social, sociolaboral, familiar, formativo and the second-chance arraigo) remain open; see our Arraigo guide.
- Students and graduates. The decree also amended Article 97.1(c) and the study-to-work transition, letting adult children and first-degree ascendants of Spanish citizens apply from Spain and widening the window to apply for a work permit to the two months before, and three months after, the end of a study authorisation.
Documents that proved presence and stay
The decree accepts any evidence valid in law that carries the person's identity data: the municipal register (padrón), medical records, school enrolment of children, remittance receipts, bank statements, dated correspondence from public bodies. The identity requirement is met by a passport or travel document even if expired.
Frequently asked questions
Can I still apply for the 2026 regularisation?
No. Royal Decree 316/2026 set 30 June 2026 as the last day to apply under both additional provisions. The ordinary arraigo routes of the 2024 Immigration Regulation remain available.
Could I work while my application was being processed?
Yes. From the communication that processing had started, applicants were provisionally authorised to reside and work, employed or self-employed, until the decision, which was due within 3 months.
Did a criminal record exclude me?
The decree required no criminal record in the terms of Article 126(d), but records that could be cancelled in Spain were disregarded, and a police-report entry was not by itself an automatic refusal.
What if my asylum claim was still pending?
Additional provision 20 let people who had claimed international protection before 1 January 2026 apply for a residence authorisation on grounds of rootedness until 30 June 2026.
Where is the official text?
BOE no. 92 of 15 April 2026, pages 53342 to 53362: Real Decreto 316/2026, de 14 de abril.