El Consejo de Ministros has recently approved the initiation of a process of extraordinary regularization aimed at foreign nationals who were already in España in an irregular administrative situation. The measure aims to respond to a consolidated social reality and provide legal certainty both to the affected individuals and to the immigration system.
Although the final regulatory development will be approved through Royal DecreeThe essential elements of the process have already been disseminated, allowing for an initial legal and practical analysis of its scope, as well as the groups that could potentially benefit from it. Mª Eugenia Blasco RodellarPartner in the Immigration area of AGM Abogados.
1. Context and purpose of the extraordinary regularization
This proposal is part of a migration policy aimed at effective integration of foreign nationals who already live and work in Españabut who have been left out of the ordinary mechanisms for accessing residence provided for in the Reglamento de Extranjería.
The objectives of the process include:
- Recognizing the rights of people who are already part of the Spanish society.
- Reduce situations of prolonged administrative irregularity.
- Facilitate entry into the labor market under legal conditions.
- To provide legal stability to both workers and companies.
This is not an isolated, exceptional mechanism, but a well-known figure in the Spanish migration system, used at different times when social reality has exceeded ordinary administrative channels.
2. Cut-off date and subjective scope
One of the central elements of the process is the cut-off date, set for December 31, 2025.
Foreign nationals who are potentially eligible may:
- They were in España before December 31th 2025.
- They can prove a minimum continuous stay of 5 months prior to that date.
In the case of applicants for international protectionIt will suffice that the application was submitted before December 31, 2025, regardless of its processing stage. Regularization is offered without distinction of nationality, provided that the requirements established by regulation are met, including the absence of criminal record and the lack of consideration of risk to public order.
| Key Requirement | Details of the Criteria |
|---|---|
| Entry deadline | December 31th 2025 |
| Minimum stay | 5 consecutive months before the cut-off date |
| International Protection | Application submitted before 31/12/2025 |
3. Proof of residence in Spain: beyond registration
One of the most relevant aspects—and one that will foreseeably generate the most cases—is the way to prove permanence in España.
The published information confirms that:
- El Registration is not the only means of proof.
- Proof of residence may be provided through public documentation, private documentation, or a combination of both.
This opens the door to analyzing on an individual basis the situations of people who, even though they are not registered, have other sufficient evidence (medical, school, banking, employment, administrative documentation, among others).
For this reason, it will be key to carry out a preliminary and strategic study of each case, from both a legal and documentary point of view, in order to anticipate possible requirements and minimize risks in the processing.
4. Type of authorization to be granted
Those who benefit from the process will have access to:
- residence authorization, with automatic enablement to work, from the first moment, valid throughout the national territory and in any sector of activity.
The authorization will have a initial validity of one yearAfter this period, the person must be incorporated into the ordinary figures of the Reglamento de ExtranjeríaThis will allow for a gradual and stable integration into the system. Furthermore, the process also includes the simultaneous regularization of minor children present at España, reinforcing the protection of the family unit as the axis of the integration process.
5. Expected deadlines
Although the Real Decreto It still needs to complete its formal processing; the official information published indicates that:
| Milestone of the Process | Expected Date (2026) |
|---|---|
| Start of application submission | April 2026 |
| End of submission period | 30 June, 2026 |
Given that this is a procedure with defined deadlines and a high expected volume of applications, it is especially recommended Prepare the files in advanceavoiding reactive actions once the official period has opened.
6. Practical recommendations and prior advice
From a legal and practical perspective, this regularization requires:
- An individualized analysis of each personal situation.
- An solid documentary strategyespecially in cases without registration.
- Coordination between the administrative, family and employment situation of the interested person.
Therefore, we recommend contacting specialist advice from AGM Abogados if cases are managed or known of non-EU people who are found in España before December 31th 2025even if their administrative status has been irregular for years or there is no record of them being registered.
Maria Eugenia Blasco Rodellar,
Immigration Area Partner. AGM Abogados
Key points and frequently asked questions about this analysis
Is it mandatory to be registered as a resident to access this regularization?
No, registration with the local council is not the only accepted form of proof. Proof of residence in Spain can be provided through other public or private documents, such as medical reports, bank statements, or school records.
What is the deadline for arrival in Spain to be eligible?
The process is aimed at foreign nationals who were in Spanish territory before December 31, 2025 and who can prove at least 5 months of continuous stay prior to that date.
What type of permit will approved applicants receive?
They will receive a residence permit with automatic authorization to work, either as an employee or self-employed, in any sector. This permit will initially be valid for one year before transitioning to the standard residency regime.
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