First Regularisation Approvals for People Who Never Chose to Be Undocumented

Spain’s extraordinary regularisation, introduced by Royal Decree 316/2026 of 14 April, is now producing results. Applicants are beginning to receive formal resolutions granting temporary residence, and our office has just seen one of the first.

The authorisation was granted under the Twenty-first Additional Provision, the route for people in a situation of vulnerability. It allows the holder to live and work in any part of Spain, as an employee or self-employed, in any sector. The resolution confirmed that the application had been fully examined and met the legal requirements. It is valid from 26 May 2026 and lasts one year.

Behind that approval is a simple fact. Many people in this process did not choose to be undocumented. Changes in the rules, employers who failed to complete paperwork, delays in appointments and the cost of renewals all left otherwise settled, hard-working people without papers through no fault of their own. For them, regularisation is a chance to put things right.

It is also important to be realistic. More than a million applications have been submitted, and many people are still waiting to hear from the authorities. The deadline to apply closed on 30 June 2026, so only applications filed before that date remain in process. Receiving an NIE number does not mean an application has been admitted for processing, as admission is a separate step with its own official resolution. Delays are the result of volume, and they are not a sign that a file has a problem.

What happens after the first year?

The authorisation lasts one year and is not renewed in the usual way. It does not turn automatically into permanent residence. The Royal Decree treats it as a temporary residence authorisation for exceptional circumstances, equivalent to the one granted for social roots (arraigo social). The practical question is which ordinary authorisation the holder moves on to.

We believe that the path path will be a modification, moving from the extraordinary authorisation to one of the ordinary residence and work routes in the Immigration Regulations, such as employment-based or social roots. The best preparation is steady work with contributions to Social Security, so holders should keep their employment records, payslips and registrations in order.

If a modification is not possible, an exceptional extension is available. It lasts one year, or four years where there are causes that prevent working. The one-year extension requires active job-seeking, registered with the public employment service, or a favourable integration report. The four-year version applies to serious illness, disability or reaching retirement age. After the one-year extension, the holder has to find an ordinary route.

On timing, the request can be filed in the two months before expiry or up to three months after, and the authorisation stays valid while the application is processed. Filing late carries a risk, because the three-month window keeps the authorisation alive but can open the door to sanction proceedings. Holders should aim to file before the authorisation expires.

If the year runs from the 26 May 2026 start date, expiry would fall around 26 May 2027, so the filing window would open in late March 2027. Holders should check the exact expiry date on their resolution and card.

If you have applied, keep your documents together, check your notifications regularly, and be patient. The first approvals show the process works.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.