Corporate Immigration update — Spain launches a new regularisation for undocumented migrants

Effective 15 April 2026, the Kingdom of Spain introduces two exceptional pathways to obtain residence and work authorisation for foreign nationals in an irregular situation under a new extraordinary regularisation process through arraigo.

Who will be affected?

This regularisation will affect asylum applicants and undocumented foreign nationals already in Spain.

• Establishment for applicants for international protection (DA 20) — For people who submitted an asylum application before 1 January 2026 and who have been in Spain for at least 5 months without interruption.
•  Extraordinary residence permit (DA 21) — For people who were in Spain before 1 January 2026 without authorisation and who can prove at least one of the following links: having worked or having a job offer, living with minor children or dependants, or being in a situation of vulnerability certified by a competent authority.

Background

This is an extraordinary regularisation process that allows access to a temporary residence permit (with the right to work) through two new channels:

• Settlement for applicants for international protection
• Extraordinary settlement

Both options aim to facilitate the administrative integration of foreign nationals who are already in Spain and who, until now, have been unable to regularise their situation through ordinary channels.

Impact

Withs this Royal Decree, it is expected a large-scale – between 500,000 to 750,000 undocumented migrants already living in Spain which makes one of the larges regularisation processes in Spain in decades reducing irregular status and provides immediate access to legal work, from the moment they apply (even before approval).

Successful applicants receive a residence and work permit (initially 1 year, renewable) which will provide better integration and reducing vulnerability to migrants by offering special protections for families and children, access to services and legal identiy and documentation.

Date of implementation

15 April 2026

Deadlines

• Applications may be submitted until 30 June 2026
• The decision-making period shall be a maximum of 3 months
• From the date of acceptance for processing, the applicant shall be provisionally authorised to reside and work as an employee or self-employed person in any sector within the national territory, without having to wait for the final decision. The authorisation granted will be valid for one year, renewable in accordance with Article 191 of the Regulations.

Main requirements

Although the requirements vary depending on the type of ties to Spain, the general criteria include:
Common requirements:

• Be present in Spain before 1 January 2026 and not hold a residence or stay permit
• Have no criminal record (or one that is eligible for expungement)
• Not pose a risk to public order or security
• Provide proof of identity (passport or other valid document)
• Have resided in Spain (for a minimum of 5 consecutive months prior to the application)

Conditions of the authorisation

• Initial validity of 1 year
• Permits employment and self-employment
• Possibility of subsequent modification or extension
• If granted, ongoing deportation proceedings may be suspended

Santa Fe recommendation

Given the extraordinary nature of the process, the tight deadlines and the anticipated high volume of applications, it is essential to plan ahead and analyse each situation on a case-by-case basis.

For further information or to assess specific cases, please do not hesitate to contact us.

Contact us

Please get in touch with us for further information or clarification:
Patricia Ruiz
Head of Relocation, Spain
Santa Fe Relocation
patricia.ruiz@santaferelo.com

Esther Lozano
Southern Europe Sales & Marketing Director
Santa Fe Relocation
esther.lozano@santaferelo.com

About our Immigration Services

Our distinguished immigration services oversee a substantial volume of visa applications annually, catering to a diverse array of international corporations. Our seasoned team of immigration experts and accredited migration agents are entrusted with the meticulous management of the entire immigration process on your behalf. We are committed to delivering streamlined reporting and offering comprehensive guidance on all immigration-related affairs, ensuring a smooth and efficient experience for our valued clients.