Spain releases a second draft of the 2026 immigration regularization. Discover new requirements, eligibility rules and how foreigners may obtain legal residency.

Important new developments have emerged regarding what could become one of the most significant immigration processes in Spain in recent decades.

A second draft of the extraordinary immigration regularization planned for 2026, dated February 18, has now been circulated following contributions and revisions made to the initial proposal.

This new version introduces substantial changes that may directly affect thousands of foreigners currently living in Spain without residence authorization, as well as asylum seekers and individuals with ongoing immigration procedures.

While the final regulation has not yet been officially approved, the information contained in this second draft already provides a clearer picture of how the Spanish government intends to implement this large-scale regularization process.

In this legal analysis prepared by Visal Immigration Lawyers, we explain what has changed, who may benefit from the new rules and what steps foreigners should start preparing now.

If you would like to understand whether your situation could qualify under the upcoming process, you can schedule your consultation here:
https://www.visalimmigration.com/en/consulting

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One of the most important changes introduced in this second draft concerns eligibility.

According to the new wording, foreign nationals who already hold a residence or stay authorization in Spain may not be eligible for this extraordinary regularization process.

This represents a significant shift compared with expectations created during earlier discussions.

If confirmed in the final regulation, individuals holding student permits, job-seeker authorizations or certain temporary residence permits could be excluded.

The regularization would therefore mainly target foreigners currently living in Spain in an irregular administrative situation.

From a legal strategy perspective, this change is extremely important because many immigration plans that seemed possible only weeks ago may now require reconsideration.

If you are unsure whether your current immigration status could affect your eligibility, we strongly recommend reviewing your situation in advance. You can schedule your consultation here:
https://www.visalimmigration.com/en/consulting

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Another key issue introduced by the second draft relates to physical presence in Spain.

The document now requires applicants to demonstrate uninterrupted presence in Spain for at least five months prior to submitting the application.

This legal wording matters greatly.

In many immigration procedures, short trips outside Spain are allowed. However, uninterrupted residence generally means that no departures from Spain should occur during the required period.

Many applicants could face difficulties if they recently travelled abroad.

It remains possible that future administrative instructions may introduce flexibility, as has happened in previous immigration reforms.

For this reason, immigration lawyers are already advising foreigners to begin collecting evidence proving continuous presence in Spain, such as municipal registration certificates, medical appointments, banking activity or administrative documentation.

If you want professional guidance on preparing this documentation correctly, you can schedule your consultation here:
https://www.visalimmigration.com/en/consulting

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A central part of the second draft focuses on asylum seekers through the new Transitional Provision Five.

This pathway may benefit a large number of individuals who applied for international protection in Spain before January 1, 2026.

The draft confirms that the asylum request will be considered valid from the moment the applicant formally expressed their intention to request protection.

Applicants must be adults and provide a complete copy of their passport.

They must also demonstrate uninterrupted presence in Spain during the five-month period required by the regulation.

Regarding criminal background requirements, the draft introduces certain flexibility.

Applicants may not need to submit new criminal record certificates if these were already provided during previous immigration procedures. In some situations, sworn declarations confirming the absence of criminal records may also be accepted.

One particularly important advantage is that once the application is admitted for processing, applicants may be allowed to legally live and work in Spain while waiting for a final decision.

If you are currently an asylum seeker and want to understand whether this route could apply to your case, you can schedule your consultation here:
https://www.visalimmigration.com/en/consulting

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The second draft also introduces important improvements affecting families with minor children.

Children may obtain residence authorization without meeting some of the usual requirements currently imposed under Spanish immigration regulations.

For example, certain economic requirements and housing reports may no longer be necessary in specific situations.

Additionally, pending applications involving children born or not born in Spain could be resolved under these transitional provisions.

The draft also allows the inclusion of family members such as spouses, registered partners or dependent parents under certain circumstances.

This could allow entire families to regularize their immigration situation together.

Schedule your consultation here:
https://www.visalimmigration.com/en/consulting

 

-- > YOU CAN DOWNLOAD THE NEW DRAFT FROM HERE : 

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Another highly relevant development concerns residence applications based on arraigo that are currently pending.

According to the draft, applications for residence permits under exceptional circumstances already in process may be approved without submitting a new application under the extraordinary regularization scheme.

This represents positive news for many foreigners waiting for decisions.

Only cases involving criminal or police records affecting public security would likely face refusal.

From a legal standpoint, this provision may significantly influence whether applicants should maintain or modify their current immigration strategy.

If you currently have an arraigo application pending and are unsure how this reform may affect you, professional advice is highly recommended. You can review your situation here:
https://www.visalimmigration.com/en/consulting

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Transitional Provision Six forms the core of the planned mass regularization.

According to the second draft, applicants must have entered Spain before January 1, 2026.

They must also meet general requirements including adulthood, passport documentation, absence of criminal records and uninterrupted presence in Spain.

However, the draft introduces an additional condition.

Applicants must fall within at least one of the following situations:

having worked in Spain for at least 90 days or having a job offer, living with certain family members in Spain, or being in a situation of vulnerability.

The vulnerability concept could become one of the most widely used legal grounds if interpreted broadly by immigration authorities.

However, uncertainty remains regarding how immigration offices will apply these criteria in practice.

Preparing a strong application strategy will therefore be essential.

If you want to prepare in advance and avoid common mistakes, you can schedule your consultation here:
https://www.visalimmigration.com/en/consulting

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Another important element confirmed by the draft concerns deadlines.

All applications are expected to be submitted before June 30, 2026.

Considering the potentially large number of applicants, preparation time may be limited once the procedure officially opens.

In previous immigration regularizations in Spain, many applications faced delays due to last-minute preparation.

Starting early may significantly improve the chances of success.

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From our experience as immigration lawyers, one of the biggest misunderstandings is believing that mass regularization means automatic approval.

Spanish immigration authorities will still analyze individual eligibility requirements carefully.

Common mistakes may include insufficient proof of presence in Spain, incomplete documentation or incorrect assumptions regarding eligibility categories.

Receiving professional legal advice before submitting an application can make a substantial difference.

You can schedule your consultation here:
https://www.visalimmigration.com/en/consulting

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Frequently Asked Questions about Spain’s 2026 Immigration Regularization

Is the regularization already open?
No. The government is currently working on draft versions within the immigration regulation reform process. The final legal text still needs approval, although implementation during 2026 is widely expected if the legislative timeline continues.

Do I need a job contract to qualify?
Not necessarily. The draft includes several possible eligibility scenarios such as previous employment, job offers, family coexistence or vulnerability situations. Final interpretation will depend on the approved regulation and administrative instructions issued afterward.

Can students apply for this regularization?
Based on the second draft, foreigners holding valid stay or residence permits may be excluded. However, this provision could still change before final approval, making individual legal assessment particularly important.

Will I be allowed to work while waiting for approval?
Yes. The draft indicates that once the application is admitted for processing, applicants may receive provisional authorization allowing them to live and work legally while immigration authorities examine the case.

Is municipal registration mandatory?
The draft does not explicitly require empadronamiento, but it will likely become one of the strongest pieces of evidence to demonstrate physical presence in Spain together with other supporting documentation.

Schedule your consultation here:
https://www.visalimmigration.com/en/consulting

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Spain is entering a new phase in immigration policy.

The publication of this second draft confirms that the 2026 extraordinary regularization is moving forward, although important details may still evolve before final approval.

Being properly informed and preparing documentation early could make the difference between obtaining legal residence or missing this opportunity.

At Visal Immigration Lawyers, we specialize exclusively in Spanish immigration law and assist foreigners every day in obtaining residence permits safely and efficiently.

If you want to know whether you may qualify under the upcoming regularization or explore alternative residence options, contact us via WhatsApp at +34 618 702 253 or request professional legal assistance.

Schedule your consultation here:
https://www.visalimmigration.com/en/consulting

 

 

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Do you need personalized legal advice?

At Visal Immigration Lawyers, our immigration attorneys analyze your situation individually and guide you step by step through the best legal pathway to obtain residence in Spain.

Book your consultation here:
https://www.visalimmigration.com/en/consulting