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Lawyer for the Extraordinary Regularisation of Migrants

The Pakistani consulate in Barcelona was packed with people queuing to obtain proof of their clean criminal record in their home country.

In recent days, the Spanish Government has announced the start of the legislative process for a Royal Decree introducing an extraordinary regularisation for foreign nationals already residing in Spain. As publicly announced, the measure could benefit around 500,000 people and aims to provide "legal certainty" to an existing social reality. (RTVE). It will be interesting to see how Europe responds, since although this is a domestic measure, any person holding a residence permit may travel freely throughout Europe, and a Spanish company can deploy them to work anywhere across the EU.

Article written by

Esjaba Messaoud

Lawyer specialising in Immigration Law, Migration and International Protection.

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Important: as of today, the information in circulation is provisional and remains subject to the final text and its official publication; requirements, documentation and deadlines may still change. (RTVE)


What is this extraordinary regularisation?

This is an exceptional procedure (distinct from the standard routes such as arraigo (residence by social/family/employment ties) social/employment ties, etc.) that would allow certain undocumented individuals to obtain a temporary authorisation which, according to published reports, would include the right to reside and work in Spain for one year. (Cadena SER)


Who is eligible? Requirements under discussion

Reports covering the announcement point to the following key criteria:

1) Presence in Spain before 31 December 2025

This cut-off date is intended to limit the scope of the measure. (Noticiastrabajo)

2) Proof of minimum continuous presence (reports indicate 5 months)

There is a requirement to demonstrate at least five months of residence linked to that prior period. (Cadena SER)

3) No criminal record

The requirement of having no criminal record appears as a key condition. 

Instruct us here at this link on how to proceed with the expungement of criminal records.

4) Alternative linked to international protection

Some reports indicate that the measure could also apply to those who had initiated international protection (asylum) proceedings before that date, although this point must be confirmed once the final text is published. (RTVE)


How is residence in Spain evidenced? Commonly accepted documents

Pending the final wording, the standard practice in these procedures is to provide evidence of presence and continuity, for example:

  • municipal registration (empadronamiento) (individual or historical certificate).

  • Medical documentation (appointments, reports, health card where applicable).

  • School enrolment records (for the applicant or their children).

  • Contracts and receipts (rental agreements, utility bills, money transfer records, named transport passes where applicable).

  • Bank documents, social assistance records, etc.

The practical key is usually to build a coherent and verifiable timeline covering the required period.

GENERAL RECOMMENDATIONS

• If the applicant entered Spain as a minor and has reached the age of majority 
on Spanish territory, they may not be required to submit a criminal record certificate. 
Nevertheless, it is advisable to obtain one. 
• It is not necessary to request a criminal record certificate from Spain.
• The criminal record certificate from the country of origin must be a 
CRIMINAL RECORD certificate. A POLICE RECORD certificate is not valid. 
THIS REQUIREMENT APPLIES ONLY TO PERSONS AGED 18 AND OVER.
• If the criminal record certificate is legalised by APOSTILLE, 
it is advisable to have it translated in Spain.
• If the person holds a municipal registration (empadronamiento) certificate, no other 
proof of residence is required, "the municipal registration takes precedence over everything else".
• If the person does not hold a municipal registration (empadronamiento) certificate, the documents 
evidencing residence should be assessed in the following order of priority:
1) Documents issued by a Public Authority (other than the municipal registration (empadronamiento) certificate), 
such as medical appointments, administrative procedure receipts, etc. 
2) Documents bearing the person's identifying details (invoices, 
certificates of attendance at training courses and/or events, etc.)
3) Utility bills, supporting documents or declarations of responsibility from 
organisations, etc.
• If the person has held a Foreigner Identity Number (NIE) at any point, the application must be submitted 
with the relevant fees paid.
• For family units: each application must include an individual historical 
municipal registration (empadronamiento) certificate. 
• If the person had another application pending: include proof of submission 
of the withdrawal from contract application. 
• If the person had been granted another residence and/or residence and work authorisation which they have renounced: include proof of submission of the renunciation request. 

 

ADULT APPLICANTS WITH municipal registration (empadronamiento)

- Signed power of representation.
- Signed EX Form (+ questionnaire).
- Full passport valid for more than 4 months (ALL PAGES, 
EVEN IF BLANK) → If the passport has been renewed, both passports must be provided to verify the entry stamp. 
- Criminal record certificate, legalised and, where applicable, translated (countries party to the Hague Convention will have documents bearing the APOSTILLE. Countries not party to the Convention must legalise documents through consular channels, i.e.: Competent Ministry + Ministry of Foreign Affairs of the country of origin + Spanish Embassy or Consulate with jurisdiction over the relevant consular district) →
VALID FOR 3 MONTHS FROM DATE OF ISSUE.
- Updated historical municipal registration (empadronamiento) certificate (VALID FOR 3 MONTHS 
FROM DATE OF ISSUE).
- Signed and paid fee form + proof of payment IF THE APPLICANT HAS HELD A Foreigner Identity Number (NIE) AT ANY POINT. 
- Document evidencing the application for International Protection submitted before 1 January 2026.
- Vulnerability certificate/report, except for: 
i) Persons living with minor children or adult children who are economically dependent on them.
ii) Applicants for International Protection (even if no longer holding that status).
iii) Persons providing a signed employment contract (general requirements 
for arraigo (residence by social/family/employment ties) on socio-labour grounds).

 

ADULT APPLICANTS WITHOUT municipal registration (empadronamiento)

- Signed power of representation.
- Signed EX Form (+ questionnaire).
- Full passport valid for more than 4 months (ALL PAGES, 
EVEN IF BLANK) → If the passport has been renewed, both passports must be provided to verify the entry stamp. 
- Criminal record certificate, legalised and, where applicable, translated (countries party to the Hague Convention will have documents bearing the APOSTILLE. Countries not party to the Convention must legalise documents through consular channels, i.e.: Competent Ministry + Ministry of Foreign Affairs of the country of origin + Spanish Embassy or Consulate with jurisdiction over the relevant consular district) →
VALID FOR 3 MONTHS FROM DATE OF ISSUE.
- Evidence of continuous presence during the 5 months immediately preceding the DATE OF APPLICATION (utility bills, purchase receipts, training certificates, medical appointment records, proof of administrative dealings, etc.) → IMPORTANT: ARRANGE IN ORDER FROM MOST RECENT TO OLDEST.
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- Signed and paid fee form + proof of payment IF THE APPLICANT HAS HELD A Foreigner Identity Number (NIE) AT ANY POINT.
- Document evidencing the application for International Protection submitted before 1 January 2026.
- Vulnerability certificate/report, except for: 
iv) Persons living with minor children or adult children who are economically dependent on them.
v) Applicants for International Protection (even if no longer holding that status).
vi) Persons providing a signed employment contract (general requirements 
for arraigo (residence by social/family/employment ties) on socio-labour grounds).


*MINORS MAY ONLY BE INCLUDED IN THE REGULARISATION PROCESS
IF THEIR APPLICATION IS SUBMITTED SIMULTANEOUSLY WITH AT LEAST ONE
OF THEIR PARENTS OR LEGAL GUARDIANS
*The parent's application must be submitted first, followed by the minor's
(both may be submitted on the same day, but the parent's application must always
come first, as the platform requires their details). → DO NOT
SUBMIT INDEPENDENT FILES FOR MINORS.

 

MINORS LIVING WITH BOTH PARENTS

- Power of representation signed by BOTH PARENTS.
- EX Form signed by BOTH PARENTS.
- Full passport valid for more than 4 months (ALL PAGES,
INCLUDING BLANK ONES) → If the passport has been renewed, both passports must be provided to verify the entry stamp.
- Legalised birth certificate and, where applicable, a certified translation (countries that are party to the Hague Convention will have documents bearing the APOSTILLE stamp. Countries that are not party to the Convention must legalise documents through consular channels, i.e.: Competent Ministry + Ministry of Foreign Affairs of the country of origin + Spanish Embassy or Consulate with jurisdiction for the relevant consular district) → VALID FOR 3 MONTHS FROM DATE OF ISSUE.
- Updated school enrolment certificate (IF THE MINOR IS BETWEEN 6 AND 16 YEARS OF AGE).
- Updated historical municipal registration (empadronamiento) certificate (VALID FOR 3 MONTHS FROM DATE OF ISSUE) or evidence of continuous residence covering the 5 months prior to the DATE OF APPLICATION SUBMISSION (utility bills, purchase receipts, training certificates, medical appointment records, administrative procedure receipts, etc.) → IMPORTANT: ARRANGE IN ORDER FROM MOST RECENT TO OLDEST.
- Signed and paid fees + proof of payment IF THE PERSON HAS AT ANY POINT HELD A Foreigner Identity Number (NIE).

 

MINORS LIVING WITH ONE PARENT ONLY

- Power of representation signed by THE PARENT WITH WHOM THE MINOR RESIDES.
- EX Form signed by THE PARENT WITH WHOM THE MINOR RESIDES.
- Full passport valid for more than 4 months (ALL PAGES,
INCLUDING BLANK ONES) → If the passport has been renewed, both passports must be provided to verify the entry stamp.
- Legalised birth certificate and, where applicable, a certified translation (countries that are party to the Hague Convention will have documents bearing the APOSTILLE stamp. Countries that are not party to the Convention must legalise documents through consular channels, i.e.: Competent Ministry + Ministry of Foreign Affairs of the country of origin + Spanish Embassy or Consulate with jurisdiction for the relevant consular district) → VALID FOR 3 MONTHS FROM DATE OF ISSUE.
- Updated school enrolment certificate (IF THE MINOR IS BETWEEN 6 AND 16 YEARS OF AGE).
- ruling and/or public document establishing the guardianship, care and custody arrangement in respect of the minor, duly legalised and, where applicable, translated (countries that are party to the Hague Convention will have documents bearing the APOSTILLE stamp. Countries that are not party to the Convention must legalise documents through consular channels, i.e.: Competent Ministry + Ministry of Foreign Affairs of the country of origin + Spanish Embassy or Consulate with jurisdiction for the relevant consular district) → VALID FOR 3 MONTHS FROM DATE OF ISSUE.
- WHERE POSSIBLE, a signed authorisation from the other parent + a copy of the biographical page of that parent's passport and/or identity document.
- Updated historical municipal registration (empadronamiento) certificate (VALID FOR 3 MONTHS FROM DATE OF ISSUE) or evidence of continuous residence covering the 5 months prior to the DATE OF APPLICATION SUBMISSION (utility bills, purchase receipts, training certificates, medical appointment records, administrative procedure receipts, etc.) → IMPORTANT: ARRANGE IN ORDER FROM MOST RECENT TO OLDEST.
- Signed and paid fees + proof of payment IF THE PERSON HAS AT ANY POINT HELD A Foreigner Identity Number (NIE).


Timeline: when could an application be submitted?

The probable window published is between April 2026 and 30 June 2026, but we stress: until the Royal Decree is approved and published, the timetable may change. (OndaCero)


What do you obtain if your application is granted?

Based on information reported in the media and official statements, the outcome would be a one-year residence and work authorisation. Whether and how subsequent renewals will be available, and on what conditions, will depend on the final wording of the regulation and any accompanying administrative guidance. (Cadena SER)


Why legal advice matters, and how a law firm can help

In extraordinary regularisation processes, the most common pitfalls tend to be:

  • Insufficient or poorly organised evidence of continuous stay in Spain.

  • Criminal or police records that may lead to rejection of the application.

  • Procedural errors: fees, appointments, deadlines, application forms, representation, translations and legalisation of documents.

If you are looking for an immigration lawyer in Barcelona, an immigration lawyer in Valencia or an immigration lawyer in Madrid, case preparation typically focuses on: assessing whether your situation meets the eligibility criteria, a full document checklist, a strategy for proving continuous residence, and a review of any criminal or administrative records before submission.

Immigration lawyer

The 2026 extraordinary regularisation is attracting significant attention, and if it is confirmed in the Spanish Official Gazette (BOE) on the terms announced, it could open an exceptional pathway for many people already living in Spain. Until the final text is published, the most prudent course of action is to gather documentation proving your length of stay, review your records and keep a close eye on the official publication and the criteria set by the Immigration Authorities. (RTVE)