There has been an extraordinary update process for foreign nationals in Spain in 2026.
This is currently a draft and is a proposed law which still needs to be approved by the Council of Ministers to make it law.
In this guide we explain the key points, potential eligibility, and important deadlines applicants will need to know.
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In this post we cover the following: (click any section to see its content)
Spain’S 2026 Foreign National Update:
- TWO MAIN PATHWAYS TO ELIGIBILITY »
- CRITICAL CONSIDERATIONS AND NEXT STEPS »
- ALL TYPES OF RESIDENCY AVAILABLE IN SPAIN »
- SCHEDULE AN APPOINTMENT WITH A SOLICITOR »
TWO MAIN PATHWAYS TO ELIGIBILITY:
The draft outlines two primary avenues for regularization, depending on your current status.
1. For Current Asylum Seekers
This pathway is for individuals who have already initiated the asylum process.
Core Requirements:
- Have formally applied for asylum before December 31, 2025.
- Be physically present in Spain.
- Have no criminal record and not be considered a threat to public order or health.
- Not be subject to an entry ban or active return order.
- Pay the required processing fees.
Benefits for Families:
- Minor Children: Eligible for a parallel application, potentially receiving a 5-year residence authorization. Requirements for children born in Spain (6-month application window) or abroad (2-year residence) may be waived.
- Other Family Members: Spouses, partners, and parents may apply for a residency permit based on family ties (arraigo social) without fulfilling the standard 2-year prior residence requirement.
2. For Other Foreign Nationals in Irregular Situations
This is a broader pathway for those without legal status who are not asylum seekers.
Core Requirements:
- Have entered Spain before December 31, 2025.
- At the moment of application, prove at least five months of continuous presence in the country.
- Have a clean criminal record.
- Meet at least one of the following conditions:
- Employment: Proof of having worked or a current job offer in Spain.
- Family Unit: Living in Spain with family (e.g., school-aged minor children, dependent adult children with disabilities, or parents).
- Vulnerability: Demonstration of being in a vulnerable situation, which may simply involve proving irregular status.
Important Procedural Notes:
- Submitting an application will temporarily suspend any ongoing return proceedings against you.
- Once your application is formally accepted for processing (admisión a trámite), you may receive a provisional work permit while awaiting a final decision.
- The initial residence authorization would be valid for one year and is renewable.
CRITICAL CONSIDERATIONS AND NEXT STEPS:
- This is still only a draft law: Treat all details as provisional until the law is officially published.
- Seek Professional Guidance: Immigration law is complex. Consulting with a reputable immigration lawyer or a recognized non-profit organization is highly recommended to assess your eligibility and prepare a strong application when the time comes. Click-here » to contact us today for a confidential consultation.
- Stay Informed: Follow official government channels and trusted legal sources for announcements regarding the publication of the final law and the exact opening of the application period. Click-here » to contact us today for a confidential consultation.
If the draft becomes law, this regularization represents a significant opportunity for eligible individuals and families to obtain legal residency in Spain. Careful preparation and seeking reliable advice will be essential to navigating the process successfully.
ALL TYPES OF RESIDENCY AVAILABLE IN SPAIN:
- Digital-Nomad visa Spain (Remote worker in Spain)
- Non-Lucrative visa Spain (Spanish visa non lucrative)
- Student-Visa Permit (Student-Visa & up-to 30 hours work per week)
- Self-Employed visa Spain (Self employed expats in Spain)
Please see-here our video-blog with options and legal-advice to obtain residency in Spain.
Remember that immigration procedures and immigration regulations change regularly, so it’s crucial to stay updated with the latest information from reliable sources. If you have specific questions or concerns about your situation, it’s advisable to consult with immigration authorities or legal professionals specializing in immigration matters, to do this, please click-here »
DO YOU REQUIRE ASSISTANCE TO APPLY FOR RESIDENCY IN SPAIN?
We are a Spanish Solicitor and assist our clients with all types Spanish legal processes.
Permanent residency is obtained after 5 years of Spanish Residency through Self-Employed Residency, Digital-Nomad, Non-Lucrative Residency or Golden-Visa. This followed by 5 years as a permanent resident in Spain and means you can then obtain Spanish Citizenship with a Spanish Passport.