Spain 2026: reform of the regulations and new extraordinary regularisation of immigrants

1. Introduction

In January 2026, the Government of Spain approved a reform of the Foreigners’ Regulations that introduces extraordinary regularization for foreign persons already in the country.

This is an express regulatory amendment, approved by Royal Decree, with exceptional and temporary character, that enables a new route to access legal residency for a limited period of time in 2026.

This reform does not replace the general regime for foreigners, but modifies it in a specific way to respond to a consolidated social and administrative reality.

2. Background: the regulations in Spain

Spain has historically resorted to extraordinary regularization processes when the ordinary framework did not allow for the absorption of already existing factual situations.

Among the most relevant ones are:

• Regularizations of the years 1991, 1996 and 2000.

• The 2005 regularization, the most extensive, which allowed more than half a million people to be regularized.

All of them shared common elements:

• Foreigners with a prolonged presence in Spain.

• Social integration and, in many cases, employment.

• Lack of realistic legal pathways to access the residence under the ordinary regime.

The 2026 regularisation follows the same logic, although with a more limited design, defined criteria from the outset and a closed timeframe.

3. Legal nature of the 2026 regularization

It is important to be precise:

• Yes, it is an amendment to the Foreigners' Regulations.

• That reform introduces extraordinary regularization, limited in time.

• It is not an administrative instruction or a mere interpretative flexibility.

The regularization exists because the Regulations are expressly modified to create this exceptional pathway for access to legal residence.

4. What this regulatory reform aims to achieve

According to the published institutional information, the reform aims to:

• Reduce structural administrative irregularities.

• Regularize situations of established permanence.

• To incorporate individuals already integrated into Spanish society into the legal framework of the administration.

Providing specific responses to groups that did not find a place in the ordinary system, including certain applicants for international protection.

5. Official calendar of the process

The planned timetable for the extraordinary regularization is as follows:

• Application opening: April 2026

• Closure of the process: June 2026

The process is temporary and closed. Applications must be submitted within that period. After that deadline, it will not be possible to apply for this regularization.

6. General known requirements

Although the final text of the Royal Decree will specify the final details, the basic criteria for access have already been made public:

• Be located in Spain before December 31, 2025.

• Must have at least 5 months of continuous stay in Spain at the time of applying.

• Lack of criminal records in Spain and in the country or countries of previous residence.

• Submit the application within the official deadline (April–June 2026).

Regularization is not automatic: it requires express application and sufficient documentary proof.

7. Inclusion of asylum seekers and those seeking international protection

The reform of the Regulation explicitly includes people seeking asylum or international protection, with a specific criterion:

• Those who have submitted their application for international protection before December 31, 2025, will be able to apply.

• In these cases, the determining factor is the date of the asylum application, not the subsequent administrative situation.

• Regularization is configured as an alternative means of access to residence, in the terms established by Royal Decree, for persons with pending, denied, or final unresolved international protection procedures. This point represents a relevant innovation compared to previous regularizations.

8. Documentation and preparation

Although the deadline has not yet been set, it is already possible (and advisable) to prepare the basic documentation, including:

• Evidence of having entered Spain before December 31, 2025, which will be verified by means of a passport, which must be fully scanned (all pages, even if they have no stamps).

• Documentation confirming continued residence (registration, official documents, reports) for the required period of 5 months from the date of the application.

• Criminal records certificates from the countries where you have resided, apostilled in the event that it is not a country of the EU.

• In the case of asylum seekers, safeguards, resolutions, and documentation of the international protection file.

Proper documentation preparation will be key to avoiding any incidents or requirements.

9. How are we going to manage this process at Nomadis?

From Nomadis we will approach this regularization according to a technical and orderly approach:

• Preliminary analysis

• Individual review of each case to verify:

• Compliance with deadlines.

• Type of lace within the renovation.

• Risks and exclusions.

• Preparation of the file

• Customized documentary checklist.

• Review and organization of tests.

• Preparation in accordance with the final regulatory text.

• Presentation and follow-up

• Submission of applications from the opening of the deadline.

• Administrative follow-up until resolution.

10. Conclusion
The extraordinary regularization of 2026 is a normative reality, articulated through a reform of the Foreigners' Regulations.
This is a specific legal opportunity, with defined requirements and a limited timeframe, which requires prior preparation and meticulous documentation.
Anticipation will be crucial for a proper processing.