On April 14, 2026, Spain officially enacted Real Decreto 316/2026, introducing significant amendments to the country’s immigration framework. These changes revise the previous regulations established under Real Decreto 1155/2024 and bring forth two new legalization pathways aimed at undocumented foreigners and international protection applicants.
Emergency Regularization via Arraigo Extraordinario
The centerpiece of the new decree is the introduction of a temporary residence permit under the exceptional grounds of arraigo extraordinario. This emergency regularization targets foreigners who were present in Spain before January 1, 2026, and can demonstrate ties to the country through employment, family connections, or social vulnerability.
Key eligibility criteria include:
- Presence in Spain as of January 1, 2026;
- No valid residence permit and not awaiting renewal or modification decisions;
- Exclusion from temporary protection under the Ukrainian scheme;
- Continuous residence in Spain for at least five months prior to application submission;
- Clean criminal record;
- No entry bans to Spain or the European Union;
- No active commitments to avoid returning to Spain.
Applicants must also satisfy at least one of the following conditions:
- Proof of past employment in Spain or a clear intention to work, either as an employee with a job offer or as a self-employed individual through a special declaration;
- Living in Spain with family members such as minor children, adult children with disabilities or health conditions preventing self-support, or parents;
- Being in a socially vulnerable situation confirmed by social services or authorized organizations.
Required Documentation
- A valid or expired full passport; alternatively, a cédula de inscripción or a recognized travel document valid or expired;
- Proof of continuous residence in Spain during the five months prior to application;
- Criminal record certificates from countries of residence during the five years before entering Spain.
Additionally, applicants must provide evidence supporting one of the special grounds for legalization, such as employment status, family cohabitation, or social vulnerability.
Applications can be submitted in person or via a representative until June 30, 2026. Upon approval, applicants will receive a one-year temporary residence permit under the arraigo extraordinario status, granting immediate rights to live and work anywhere in Spain, in any sector, either as employees or self-employed individuals. Importantly, the right to reside and work begins once the application is accepted for processing, with the final permit retroactively effective from the filing date.
The decree also allows minor children and dependent adult family members of applicants under these new schemes to be included in the application simultaneously.
New Legalization Pathway for International Protection Applicants
This pathway applies to foreigners who, before January 1, 2026, had applied for international protection or asylum, are awaiting decisions, or have received refusals and filed appeals. A separate temporary residence permit based on exceptional grounds of arraigo is now available. Applications are accepted until June 30, 2026.
The eligibility criteria largely mirror those of the emergency regularization, with the notable exception that employment documentation is not required. Successful applicants must withdraw their international protection applications or appeals before completing biometric registration for the residence card.
Additional Amendments to Foreigners Regulation
- Adult children and first-degree parents of Spanish citizens can now apply for temporary residence permits as family members without leaving Spain.
- New restrictions prevent applications for ordinary arraigo if the applicant already holds a valid stay or residence permit.
- Proof of integration under arraigo social must now be issued by the autonomous community or, in some cases, local authorities, with a one-month issuance deadline. If not provided within this timeframe, other admissible documents may be used.
- Under arraigo sociolaboral, applicants gain a preliminary right to work once their application is admitted for processing.
- Permit renewals under arraigo de segunda oportunidad, sociolaboral, and social categories are simplified, removing the requirement to seek employment or register with employment services if the applicant is unable to work due to illness, disability, or retirement age.
- Individuals under temporary protection through the Ukrainian scheme can now apply from within Spain for other types of residence permits, subject to specific conditions.