I. INTRODUCTION: PURPOSE AND NATURE
The very recent and controversial extraordinary regularization of foreign nationals without residence authorization constitutes an exceptional mechanism within the Spanish legal system aimed at legally integrating individuals who are already residing in the country.
This process goes beyond the ordinary and established immigration mechanisms and seeks to provide a legal and social solution for hundreds of thousands of migrants who, despite their continuous presence in Spain, remain in an irregular administrative situation.
Its nature is clearly exceptional; it does not constitute an automatic subjective right for all persons in an irregular situation, but rather a conditional administrative benefit responding to migration policy considerations, social integration objectives, and public order concerns of the current government.
This is not an unprecedented decision within the Spanish legal system: mass regularizations have been implemented by different governments since the 1980s, the most recent being that promoted during the government of José Luis Rodríguez Zapatero, in which 576,506 applications were granted (a figure similar to the estimate for this upcoming regularization).
The extraordinary regularization will be implemented through a forthcoming Royal Decree-Law, with the aim of modifying certain aspects of the Immigration Regulation (the relatively recent Royal Decree 1155/2024, together with Organic Law 4/2000) and establishing a transitional provision enabling this regularization.
At present, this measure has just completed the public consultation phase, meaning that the period for citizen participation and submission of contributions prior to its implementation has ended.
II. ACCESS REQUIREMENTS
Although the final text of the Royal Decree has not yet been officially published and may still undergo adjustments following the public consultation, the common elements communicated by official and specialized sources are as follows:
a. Temporal Cut-Off Date and Minimum Residence: Applicants must documentarily prove that they have resided in Spain for five months and since before January 1, 2026. They must also demonstrate a minimum continuous stay of five months in Spanish territory at the time of submitting the application.
b. Criminal Record and Public Order: Applicants must have no criminal record and must not pose a threat to public order, security, or public health. The absence of criminal records will be verified both in Spain and in the applicant’s country of origin or previous residence, as is standard in other initial applications or renewals.
c. Administrative Situation and Causes of Irregularity: As mentioned, this measure targets individuals in an irregular administrative situation at the time of applying for regularization. If prior administrative proceedings exist (such as expulsion orders or sanctions for irregular stay), the submission of the application will automatically suspend such proceedings, which may not serve as grounds for refusal.
Accordingly, an additional requirement is not being involved in an ongoing procedure concerning the granting, extension, renewal, or modification of residence or stay authorizations. This requirement has been introduced to prevent the regularization from generating a so-called “pull effect” for new immigrants.
d. Other Requirements: Additional requirements include:
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Not being subject to an entry ban into Spain or listed as inadmissible;
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Not being within a period of commitment not to return to Spain;
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Payment of the applicable administrative fees;
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Not having previously held a residence permit as a person displaced by the war in Ukraine.
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Meeting One of the Following Conditions
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e. Meeting One of the Following Conditions: Applicants must also meet one of the following:
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Having worked, either as an employee or self-employed, during their stay in Spain, or demonstrating an intention to work by presenting an employment contract or self-employment project;
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Remaining in Spain together with their family unit, consisting of minor children or adult children with disabilities;
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Being in a situation of vulnerability.
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III. PROCEDURE
According to official projections and known draft versions, the official application period will likely open in early April 2026 and will definitively close on June 30, 2026.
Admission of the application for processing should be communicated within a short timeframe (approximately 15 days), after which the applicant will obtain a provisional residence and work authorization.
The final decision on the application should be issued within a maximum period of three months, granting an authorization initially valid for one year, renewable according to the ordinary rules of the Immigration Regulation.
An important aspect is that, if three months pass without an administrative response, the application will be considered rejected due to negative administrative silence, immediately terminating the provisional authorization to work in Spain.
IV. LEGAL EFFECTS
For the time being, the granting of extraordinary regularization will generate significant legal effects:
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Legal residence in Spain for one year;
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Access to the labor market legally and regularly, both as an employee and self-employed, regardless of sector;
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Access to labor rights, Social Security coverage, and social benefits in accordance with current legislation;
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Suspension of administrative proceedings (such as expulsions) and elimination of administrative sanctions linked to irregular status.
These effects align with constitutional principles of equality before the law, protection of the family, and the right to work recognized by the Spanish Constitution, although their implementation remains conditional upon compliance with requirements and administrative assessment.
It may reasonably be argued that the objective of this measure is to regularize the situation of tens of thousands of migrant workers already present in the country, transforming them into contributors operating within legal labor and tax frameworks.
V. MINORS
Mass regularization would allow protection of family unity by enabling family members to obtain authorization together with their parents.
However, it is noteworthy that the simultaneous regularization of minor children and their parents will not have the same duration, since permits granted to minors will have a validity period of five years from the moment of issuance.
The measure is justified on the basis of protecting family unity, one of the central pillars of the project.
VI. REGULARIZATION OF INTERNATIONAL PROTECTION APPLICANTS
Following the public consultation of the first draft, an amendment was introduced granting residence authorizations to foreign nationals who had submitted an application for international protection or stateless status in Spain before January 1, 2026.
Thus, individuals who filed such applications before that date may apply for a residence authorization based on extraordinary social roots (“arraigo extraordinario”) if they meet the previously mentioned requirements, except those relating to employment, family unity, or vulnerability.
Admission of this extraordinary permit application before June 30 will authorize the applicant to reside provisionally in Spain and to work in any sector.
VII. DISCUSSION
From a doctrinal perspective, extraordinary regularization raises several important legal debates.
From a procedural standpoint, the use of a Royal Decree-Law to introduce mass regularization mechanisms has been subject to political and legal criticism, particularly when it is argued that this method bypasses full parliamentary debate. Nevertheless, the Spanish Constitution allows the use of Royal Decree-Laws in matters not excluded from legislative scope, provided that urgency and necessity exist.
From a political perspective, access to regularization may raise questions regarding its proportionality and consistency with equality principles established in European and Spanish legal systems. The measure is presented as a way to guarantee fundamental rights for individuals already socially and economically integrated in Spain.
However, critics argue that such measures may discourage the use of ordinary legal immigration channels by creating expectations of future regularizations, as well as generating a perception of inequality between those who strictly complied with legal requirements and those benefiting from an exceptional process despite being in an irregular situation. Supporters counter that the measure merely corrects an already existing and dysfunctional reality.
Furthermore, this policy diverges from the broader immigration approach of the European Union; while Brussels seeks to deter irregular migration and tighten migration policies, Spain has opted for mass regularizations, which could facilitate access for thousands of migrants to other EU countries.
Another debate concerns the objectives of the measure. From a legal-political perspective, regularization is presented as an instrument of social and labor integration aimed at correcting prolonged exclusion and ensuring systemic coherence. However, this integrative function is precisely where the strongest criticisms arise. Some views consider it merely a temporary fix to a structural problem, while others question whether many migrants genuinely seek integration, suggesting instead that some aim primarily to legalize residence without fully regularizing their labor or tax situation, or to access benefits perceived as unfair. Supporters again argue that the measure functions as a corrective mechanism addressing an already existing social reality.
VIII. CONCLUSION
The extraordinary regularization of migrants represents an exceptional legal response to a complex and widely debated social situation. Although structured as an administrative mechanism conditioned by specific requirements and a time-limited procedure, its potential impact is significant, as it provides a legal pathway for hundreds of thousands of irregular migrants to regularize their status and fully exercise their rights.
While it is not a novelty within the Spanish legal system, its proper implementation and its real material consequences remain to be seen.
