Spain has announced an extraordinary regularisation process for undocumented migrants. Individuals who were present in Spain before 31 December 2025 and meet the relevant conditions may be eligible for a temporary residence permit with work authorisation. Based on the current timeline, applications are expected to open in early April 2026 and close on 30 June 2026. The measure may also be relevant for employers with eligible workers whose status may be regularised under the scheme.
Key aspects of the regularisation process
The Spanish government has announced an extraordinary regularisation process that would allow foreign nationals currently living in Spain without proper documentation to obtain a lawful residence and work authorisation. The measure aims to provide legal security to those who have been in the country for a long time but have not been able to regularise their immigration status through existing channels.
The plan has been approved by the Council of Ministers. To qualify, applicants must have been present in Spain before 31 December 2025 and must be able to prove continuous residence in the country for at least five months. This can be evidenced through different types of public or private documents. Individuals who applied for asylum before that date may also be eligible. Applicants must not have a criminal record or pose a risk to public safety.
Once an application is accepted for processing, a step expected to take no more than 15 days, the individual will be allowed to work immediately, while the application remains under review. The complete administrative process is expected to take up to three months. Successful applicants will receive a one-year residence permit, valid across Spain, with authorisation to work in any sector. After the first year, they will be required to transition into the standard immigration system. The new facility will also include minor children living in Spain, who are expected to receive residence permits valid for five years.
According to government officials, the measure reflects a social reality that many undocumented migrants are already working and contributing to the Spanish economy but lack legal protection. The initiative has also been described as a way to improve legal certainty, respond to labour market needs and promote social fairness.
Based on the current timeline, applications are expected to open in early April 2026, once the final Royal Decree is approved, and close on 30 June 2026.
EU level considerations
The European Commission has indicated that, while this extraordinary regularisation is a national decision adopted by the Spanish government, Spain must ensure that it does not create adverse consequences for other EU Member States. In particular, Brussels officials stressed that a residence permit granted in Spain under this scheme does not confer a right to settle in another EU Member State. The Commission also noted that although such matters remain within the responsibility of individual Member States, that responsibility requires each Member State to ensure its decisions do not create negative effects elsewhere in the Union.
The extraordinary regularisation scheme may be particularly relevant for employers from a business perspective. In some cases, employers may have employment relationships with foreign workers who initially held valid residence and work permits but later fell into an irregular administrative situation. This could, for example, have been due to failure to renew permits within the required timeframe, administrative processing issues, the rejection of renewal or status-modification applications. In such situations, the employer may no longer be able to continue the employment relationship lawfully due to the lack of a valid work authorisation.
From a business standpoint, this measure represents a clear benefit, as it may allow companies to retain workers who are already familiar with the organisation, its processes, and the specific requirements of their roles. This may help avoid the costs associated with recruiting, selecting, and training new staff. It may also support operational continuity, particularly in sectors facing labour shortage, such as construction, hospitality and catering, agriculture, and other lower-skilled occupations.
In short, beyond its social dimension, the measure may also have implications for the internal organisation of companies and the prevention of legal risks associated with the employment of individuals in an irregular administrative situation.
Employers should promptly identify any eligible workers who may be in an irregular administrative situation or whose permits have expired. The application window opens on 1 April 2026 and closes on 30 June 2026.
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Elena Pérez Martin
Director
Elena Román Rodríguez
Senior Associate
Simply follow our Vialto Alerts page on LinkedIn and posts will be displayed on your feed. To ensure you don’t miss one, once you’re on our LinkedIn page, click on the bell icon under the banner image to manage your notifications.
Further information on Vialto Partners can be found here: www.vialtopartners.com
Vialto Partners (“Vialto”) refers to wholly owned subsidiaries of CD&R Galaxy UK OpCo Limited as well as the other members of the Vialto Partners global network. The information contained in this document is for general guidance on matters of interest only. Vialto is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. In no event will Vialto, its related entities, or the agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this document or for any consequential, special or similar damages, even if advised of the possibility of such damages.
© 2026 Vialto Partners. All rights reserved.