Spain has officially adopted Real Decreto 316/2026 of April 14, 2026. This document changes the current rules for foreigners that had previously been approved under Real Decreto 1155/2024. The key change in the new decree is the introduction of two new legalization pathways. The first is intended for those who applied for international protection and have not received a response or have received a refusal and are awaiting a decision on their appeal. The second is the new arraigo extraordinario, that is, emergency regularization for foreigners who have already been in Spain for at least 5 months on the date of filing the documents. The new rules come into force on April 16, 2026, that is, the day after publication in the BOE.
Emergency regularization for undocumented foreigners: what is arraigo extraordinario
The main innovation of the decree is a temporary residence permit on exceptional grounds based on arraigo extraordinario. The procedure is intended for foreigners who were in Spain before January 1, 2026 and can prove ties to the country through work, plans to work, family, or social vulnerability.
Main requirements:
- presence in Spain on January 1, 2026;
- no valid residence permit, and the applicant is not awaiting a decision on its renewal or modification;
- no temporary protection under the Ukrainian scheme;
- continuous residence in Spain for five months before submitting the residence permit application;
- no criminal record;
- no entry ban to Spain or the EU;
- no active commitment not to return to Spain.
In addition, at least one of the following three special conditions must be met:
- the person has already worked in Spain or can prove that they intend to work: as an employee through a job offer, or as self-employed through a special declaración responsable;
- the person lives in Spain with their family: minor children, adult children with a disability or health condition preventing them from supporting themselves, or parents live with them;
- the person is in a socially vulnerable situation, and this is confirmed by social services or organizations.
What documents will be required
- a full passport, valid or expired. If there is no passport, a cédula de inscripción or a título de viaje recognized as valid in Spain may also be submitted, whether valid or expired;
- proof of continuous stay in Spain during the five months before filing;
- criminal record certificates from the countries where the person lived during the five years before entering Spain.
In addition, one of the special grounds for legalization must be confirmed:
- that the person works or plans to work as a self-employed individual;
- family composition and cohabitation;
- social vulnerability.
Apply for the new status in person or through a representative until June 30, 2026.
If the application is approved, the person will receive a temporary residence permit under arraigo extraordinario for one year. This status immediately grants the right to live and work, both as an employee and self-employed, anywhere in Spain, in any profession and in any sector. Moreover, the temporary right to reside and work arises from the moment the person is notified that the application has been admitted for processing. If the decision is later positive, the final permit will take effect retroactively from the date of filing the application.
The decree also introduces a transitional rule for children and dependent family members. If an applicant under one of the two new schemes has minor children or adult children with a disability or health condition preventing them from supporting themselves, their documents may be submitted at the same time as the parent’s application.
A new path for international protection applicants to switch to a regular residence permit
This concerns foreigners who, before January 1, 2026, had already applied for international protection or asylum, are awaiting a decision, or have already received a refusal and filed an appeal. For them, a separate temporary residence permit on exceptional grounds based on arraigo is being introduced. Applications may be submitted until June 30, 2026.
The main requirements here are almost the same as for the new emergency regularization described above.
The most important difference is that employment documents are not required. If the application is approved, the person must withdraw their application for international protection or their appeal, if it has not yet been decided, before giving fingerprints for the residence card.
Other changes to the Foreigners Regulation introduced by the new Real Decreto 316/2026 of April 14, 2026
- Adult children of Spanish citizens and first-degree parents will now be able to apply for a temporary residence permit as family members of a Spanish citizen without leaving Spain.
- A new restriction has been introduced for ordinary arraigo: it is not possible to apply if the person already has a valid stay or residence permit.
- The rules for proving integration under arraigo social have changed: the report must now be issued by the autonomous community and, in some cases, by the local administration. One month is given to issue the document. If it is not issued within that time, integration may be proven with other admissible documents.
- Under arraigo sociolaboral, a preliminary right to work now arises from the moment the application is admitted for processing.
- Renewing permits under arraigo de segunda oportunidad, sociolaboral, and social will now be easier: there is no need to look for work or be registered with the employment service if the person objectively cannot work due to illness, disability, or retirement age.
- People with temporary protection under the Ukrainian scheme will now be able to apply from within Spain for other types of stay and residence permits as well, although there are many nuances.
