Spain: Law Regularizing Irregular Foreign Nationals in Effect

The situation

The Spanish government has approved a temporary measure to allow irregular foreign nationals to regularize their immigration status and obtain a one-year (extendable) work and residence permit.

A closer look

• Eligibility.
  • Applicants must have arrived in Spain prior to January 1, 2026, and be able to demonstrate an uninterrupted stay of at least five months immediately prior to the application.
  • Additionally, applicants must be over 18 years of age and have a clean criminal record for the last five years.
  • Applicants must also satisfy one of the following three requirements:

• • • • Labor integration. Applicants must either submit proof of a current job (of at least 90 days' duration) or a formal declaration of intent to pursue self-employment.
      • Family ties. Applicants must show they are living with immediate family members in Spain - either minor children, adult children with disabilities, or parents.
      • Social vulnerability. Applicants must show that their irregular status severely harms their basic living conditions, as attested by a certificate of vulnerability from social services organizations.

• Authorization and work rights.
  • Interim immigration status. Upon submitting the application, applicants are granted provisional authorization to reside and work (both as an employee or in a self-employed capacity) in any sector across Spain.
  • One-year permit. Successful applicants are granted a one-year work and residence permit. Extensions are possible provided the permit holder can show active job search or integration efforts (for instance, attending regional language courses). Additionally, permit holders can apply in-country for other work and residence permits (subject to eligibility).
• Application deadline. Applications must be submitted by June 30, 2026.
• Applications for minor children. The following eligibility rules apply – until June 30, 2026 – to the children of foreign nationals with irregular status:

• • • Children born in Spain will be eligible for a dependent residence permit regardless of when they were born. Normally, dependent family status is only possible in such situations if the application is submitted within six months of birth.
    • Children born outside Spain will be eligible for a dependent residence permit after five continuous months in Spain. Normally, dependent family status is only possible in such situations if the child has resided continuously in Spain for two years. Additionally, parents of such children do not need to prove adequate financial capacity or housing; normally, this is required.

Impact

This reform is expected to affect up to 500,000 foreign nationals in Spain, and will increase the available labor market for employers.

Background

In explaining the law, the Spanish government noted that Spain faces demographic challenges due to an aging population, and that the new inflows of migrants will be necessary for the Spanish economy and to support its social security system.

Looking ahead

Opposition parties have said they will challenge the new law in courts.

We will report on related developments.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.