Draft for Extraordinary Regularization in Spain
The draft Royal Decree XX/2025 amends Royal Decree 1155/2024 (November 19), which approved the Regulations for the implementation of Organic Law 4/2000 on the rights and freedoms of foreigners in Spain and their social integration. The objective is to expand and strengthen temporary pathways for regularization due to "exceptional circumstances," primarily through 'arraigos' (social ties) and a "single" exceptional authorization, for individuals who are already in Spain and have an effective link (family, cohabitation, integration, work, etc.).
At the same time, it seeks greater legal certainty, preferential processing, and practical measures such as provisional work authorization while the application is being resolved. All of this is subject to control requirements, specifically having no relevant criminal record and not posing a threat to public order, security, or public health.
Why the Government is promoting this reform
The explanatory memorandum argues that:
Migration has been key in Spain's history: we were a country of emigration and today we are also a country of destination and reception.
Human mobility is increasing due to global factors: conflicts, institutional instability, and climate change, in addition to traditional economic causes.
Spain, due to its geography and perceived stability, is a priority destination for migratory flows.
Migration policy is supported by: coordination between ministries, collaboration with Autonomous Communities (CCAA) and local entities, consistency with international instruments, humanitarian care, and respect for human rights.
Structure of the Royal Decree
The text indicates that the regulation consists of:
-A single article that modifies RD 1155/2024.
-Additional provision (powers for development).
-Repealing provision (repeals incompatible regulations).
-Final provision (entry into force).
Furthermore, it mentions that it complies with the principles of "good regulation" (Law 39/2015) and undergoes reporting and consultation procedures (involved ministries, advisory bodies, CCAA, immigration offices, and the opinion of the Council of State).
Key changes: two extraordinary residency pathways (until 06/30/2026)
The reform introduces or redesigns two transitory provisions that open temporary pathways to apply for permits due to exceptional circumstances.
New wording of the Fifth Transitory Provision: 'arraigo' for international protection applicants
Who is it for?
Foreign nationals who, before December 31, 2025, have submitted an application for international protection and are in Spain.
Main requirements:
1. To be in Spain.
2. To have no criminal record in Spain or in the countries where they have resided in the last 5 years. If the records in Spain are eligible for expungement, a mechanism is provided to facilitate their cancellation before the resolution.
3. Not to pose a threat to public order, security, or public health.
4. Not to be prohibited from entering Spain or listed as rejectable in countries with which an agreement exists.
5. Not to be within the period of commitment not to return to Spain (if applicable).
6. To pay the corresponding fee.
Deadline to apply: until June 30, 2026.
Relevant measures introduced:
Provisional permit: once the application is admitted for processing and until it is resolved, authorization is granted to reside and work (as an employee or self-employed) throughout the territory and in any sector.
If denied, this provisional authorization is automatically terminated.
If granted, the final authorization may have retroactive effects to the time of the provisional authorization.
Family: allows for the simultaneous processing of authorizations for minor children (and certain adult children with disabilities/dependency), with exemptions from specific requirements (e.g., more demanding deadlines or conditions).
Return: if there is a return procedure/decision due to irregular stay or work without authorization, the application may suspend the return; if approved, the return is archived and the decision is revoked.
Preferential processing and the possibility of enabling more offices/means for submission.
Documentation already held by the Administration cannot be required.
If the criminal record certificate from the country of origin does not arrive on time despite having been requested, the Government may gather information; if it still does not arrive, a sworn statement of absence of criminal records is permitted (with the effects provided for in the regulation).
New Sixth Transitory Provision: "single authorization" for exceptional circumstances
Who is it for?
Foreign nationals who were in Spain before December 31, 2025.
General requirements:
1. To have remained continuously in that situation for at least 5 months at the time of submitting the application (proven by any public/private document or combination thereof).
2. To have no criminal record (last 5 years; with a similar expungement mechanism if applicable).
3. Not to be a threat to public order/security/public health.
4. Not to be prohibited from entry or listed as rejectable in countries with agreements.
5. Not to be under a non-return commitment (if applicable).
6. To pay the fee.
In addition, at least one of these criteria must be met:
1. To have worked during the stay or present a work contract, or
To reside with their family unit (children in school/studying; adult children with disabilities/dependency; or first-degree ascendants), or
2. To be in a situation of vulnerability, accredited by social services or registered Third Sector entities.
3. The text goes as far as to presume vulnerability for those in an irregular administrative situation.
Deadline to apply: until June 30, 2026.
Effects and important practical points:
Upon admission for processing, a provisional authorization to reside and work is also provided while the application is resolved.
The granted "single" authorization is valid for 1 year and enables the holder to reside and work as an employee or self-employed in any location and sector (provided the minimum working age is met).
It can be extended if conditions are maintained and it is not possible to switch to another ordinary modification of the Regulations.
Family: regulates simultaneous applications for children (and in certain cases, ascendants).
Return: same as in the fifth transitory provision, the application may suspend return procedures/decisions in certain cases.
Preferential processing and suspension of deadlines for other files that were in progress for the same person.
Documents already in the possession of the Administration will not be required, and a similar solution applies if the foreign criminal record certificate does not arrive.
In one sentence: what this reform entails
The amendment creates and strengthens transitory regularization pathways for exceptional circumstances (especially for individuals already present in Spain, asylum seekers, or those in a consolidated situation), with the possibility of working provisionally while the application is processed, and with a more detailed framework regarding family, return, and documentary accreditation, maintaining the absence of a criminal record and not being a threat to public order as key filters.