Key Points of the Draft Regulation, Expected Timelines, and Actual Effects Once the Proposal Is Accepted for Consideration
At Overys Migrant, we have been handling cases involving residency permits, international protection, and regularization based on exceptional circumstances for years. That is why, when a draft Royal Decree is published that could lead to one of the largest administrative regularization processes in decades, we believe it is important to explain what the text actually says, what might change, and how to prepare from a legal standpoint.
The following is a preliminary analysis based on the draft legislation currently available.
What is the purpose of this Royal Decree?
The project’s objective is clear: to reduce the administrative irregularity of people already living in Spain by recognizing situations involving deep-rooted ties, family life, employment, or vulnerability, and by providing greater legal certainty.
To this end, the text introduces two transitional provisions that establish two separate avenues for extraordinary regularization.
Scenario 1
Regularization of Applicants for International Protection
(Fifth Transitional Provision – Arraigo)
Who is this for?
People who applied for international protection in Spain before December 31, 2025, and are currently in Spanish territory (and will remain in Spain until the application is filed).
Applicant requirements
You must:
- Be in Spain at the time of application.
- You must have no criminal record in Spain or in any countries where you have resided during the past 5 years (except for expungable records, which must be expunged).
- Not pose a risk to public order, safety, or public health.
- Not be barred from entering Spain or listed as inadmissible in the Schengen Area.
- Not being subject to a non-return commitment, if one exists.
- Pay the administrative fee.
Family members included
They can regularize their status with you:
- Minor children.
- Adult children with disabilities or who require care.
- Other family members who can demonstrate social ties.
In the case of minor children, the draft exempts applicants from the financial, housing, and time-limit requirements normally required for family reunification.
(Tentative) Term:
Through June 30, 2026.
Scenario 2
One-time authorization due to exceptional circumstances
(Sixth Transitional Provision)
This is the broadest aspect of the project and the one that could affect the most people.
Who is it intended for?
Foreign nationals who:
- They were in Spain before December 31, 2025.
- They must have resided in Spain for at least 5 consecutive months (up to the date the application is filed).
General Requirements
You must provide proof of:
- A minimum continuous period of 5 months (as evidenced by any means).
- No criminal record in the past 5 years.
- Not pose a risk to public order or safety.
- Not be barred from entering Spain.
- Not be subject to a non-return agreement.
- Payment of the administrative fee.
Additional requirement (only one is required)
In addition, you must meet one of the following requirements:
- Employment: Must have worked in Spain or provide a contract.
- Household: living with school-age children, children with disabilities, or first-degree relatives.
- Social vulnerability: certified by public social services or third-sector organizations.
The project assumes that individuals in an irregular administrative status are vulnerable.
(Tentative) Term:
Through June 30, 2026.
Relevant Common Aspects
- Expedited processing.
- Suspension of other ongoing immigration proceedings.
- Option to submit a sworn statement if the criminal background check from the country of origin is not obtained in time.
- Provisional Residence and Work Permit.
From the moment the application is accepted for processing:
- You may legally reside and work—whether as a self-employed individual or as an employee—throughout the country.
- This authorization remains in effect until a decision is issued.
- If the decision is ultimately favorable, the final authorization is granted retroactively—that is, from the date of the application up to one year later; if it is unfavorable, the authorization lapses—that is, it is terminated—and the person returns to the same status they had prior to the application.
- Deportation or Return Orders
- Filing the application suspends proceedings based solely on unauthorized stay or unauthorized employment.
And if the decision arrives and it is favorable, the process doesn’t end there. What comes next — your TIE, the deadlines, renewal and Spanish citizenship — is explained step by step in the guide “You have your residence (or your application under way): what now?”.
Conclusion: Be prepared, but don’t rush
If this Royal Decree is approved in terms similar to the current ones, it will result in a far-reaching regularization process, with one key element: access to employment upon acceptance of the application for processing.
But it is worth emphasizing:
- The text is not final.
- The requirements, deadlines, and conditions are subject to change prior to publication in the BOE.
That is why we at Overys Migrant recommend:
- Prepare the documentation in advance.
- Carefully analyze which approach is most appropriate in each case.
- Do not file claims without a clear legal strategy.
You can check out our list of FAQs about the 2026 regularization process and subscribe to our newsletter to receive reliable, verified updates on this process.
And when your decision arrives, this is the next step: “Your residence is now under way. Here’s what comes next.”.
Would you like personalized help to make it easier?
We know that moving to a new country can be emotionally overwhelming, which is why at Overys Migrant we don’t just handle the paperwork—we also guide you every step of the way, answering your questions with warmth and professionalism.
Are you ready to get started? Request your free consultation here and start building your new future.
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The information contained in this article is provided for general informational purposes only. It does not constitute personalized legal or tax advice, nor does it replace consultation with a professional. Overys assumes no liability for decisions made based on this content without a prior analysis of the specific case. If you would like to receive advice tailored to your situation, we recommend that you contact our team. .
