Spain has formally approved an extraordinary regularisation process for undocumented migrants through a Royal Decree published on 15 April 2026 in the Spanish Official State Gazette (BOE). Individuals who were present in Spain before 1 January 2026 and meet the relevant conditions may be eligible for a temporary residence permit with work permission.
The application period runs from 16 April 2026 until 30 June 2026.
Key aspects of the regularisation process
The Spanish government has approved an extraordinary regularisation process that would allow foreign nationals currently living in Spain without immigration 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 Royal Decree introduces two main pathways for regularisation:
Following are general requirements applicable to all individuals:
Once an application is accepted for processing, which is expected to take no more than 15 days, the individual will be allowed to work immediately, while the application remains under review.
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 reform reflects a social reality that many undocumented migrants are already working and contributing to the Spanish economy but lack legal protection. The temporary measure has also been described as improving legal certainty, responding to labour market needs and promoting social fairness.
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. Applications must be submitted by 30 June 2026.
We can advise employers on the legal and practical implications of the extraordinary regularisation process, ensuring compliance while safeguarding workforce continuity. Our support includes the assessment of employees’ eligibility in line with the requirements established in the Royal Decree, as well as the identification of potential legal risks associated with irregular employment situations and guidance on mitigating actions. We can also assist with the preparation and submission of applications, ensuring that all formal requirements and deadlines are met, and provide advice on the management of employment relationships during the processing period and once work authorisation is granted. In addition, we support employers and employees in planning the transition into the ordinary immigration framework following the expiry of the one-year residence permit.
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
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