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Guide to the Extraordinary Regularization 2026 (RD 316/2026)

If you are in an irregular situation, the Government of Spain has enabled a process of extraordinary regularization through the Royal Decree 316/2026, of April 14. It represents a historic opportunity to obtain your papers, work legally, and settle in Spain with complete peace of mind with the support of expert lawyers.

ATTENTION! The deadline to submit your application ends on June 30, 2026. Do not wait until the last minute; bureaucracy does not forgive errors and a poor submission can mean rejection.

Who can apply for this regularization?

To be a beneficiary of this extraordinary process, you must meet two fundamental conditions of residence:

  1. Arrival in Spain: You must have entered Spanish territory before January 1, 2026.
  2. Recent residence: You must prove uninterrupted residence of at least 5 months immediately prior to the date of your application.

The two regularization pathways

The Royal Decree establishes two main paths (Additional Provisions 20th and 21st):

1. Pathway for International Protection Applicants (Form EX-31)

If you applied for asylum or international protection before January 1, 2026 and your case has not yet been resolved (or is in the appeal phase), you can avail yourself of this pathway.

  • Advantage: Preferential procedure that is resolved within a maximum of 3 months.
  • Management: You must officially withdraw your asylum application once residence is granted.

2. Extraordinary Social Roots Pathway (Form EX-32)

For the rest of persons who arrived before January 1, 2026. To be granted this, you must prove ONE of these social roots scenarios:

  • Labor Tie: Having worked in Spain, having a real job offer, or intending to work through your own project (minimum 90 days in a year).
  • Family Tie: Living with minor children, adults with disabilities requiring support, or first-degree ascendants.
  • Vulnerability Situation: Proving a situation of social vulnerability through certificates from social services or accredited Third Sector entities.

Automatic Authorization to Work

One of the great news of this RD is that, from the moment you receive the communication of procedure initiation, you are provisionally authorized to work (self-employed or employed by others) throughout the national territory until your file is resolved.

Essential Documents

To avoid wasting time, start preparing these documents:

  • Passport: Complete copy (valid or expired).
  • Criminal Record: Certificate from the country of origin and from countries where you have resided in the last 5 years.
  • Proof of residence: Documents proving the 5 months of residence (municipal registration, bills, medical records, etc.).
  • Fee paid: Proof of administrative payment.

Submission and Processing

The Government has enabled access points throughout the country to facilitate regularization:

  • Correos (Post Office) offices.
  • Social Security offices.
  • Immigration offices.

Step by Step: The Path to Your Residence

To avoid delays, we recommend following this logical order in your processing:

  1. Eligibility Assessment: Confirm that you entered before January 1, 2026, and that you have 5 months of demonstrable residence.
  2. Pathway Identification: Do you have pending asylum? Use AP 20th (Form EX-31). Don't have asylum? Use the Extraordinary Social Roots (Form EX-32).
  3. Evidence Collection: Gather all documents proving your residence (see following section).
  4. Criminal Record Request: This is the document that takes the longest; request it from your consulate or country of origin as soon as possible (with apostille/legalization).
  5. Online or In-Person Submission: Submit your application through Correos, Social Security, or Immigration.
  6. Work Authorization: Keep your submission receipt; from that moment you can start working legally.
  7. Resolution and Fingerprints: Once approved (maximum 3 months), request your fingerprint appointment to obtain the TIE.

Essential Documentation Checklist

Don't let your file stall due to lack of a basic document:

  • Identity: Complete passport (all pages). The RD accepts expired passports, but it is preferable to have it valid.
  • Criminal Record: Certificate of criminal record from your country of origin (and where you have lived in the last 5 years) duly apostilled or legalized and translated by a sworn translator if not in Spanish.
  • Residence (The "5-Month Pack"):
    • Municipal registration (historical).
    • Medical appointments or emergency reports.
    • Nominal transport passes.
    • Money transfer receipts or bills in your name.
  • Proof of Social Roots:
    • Job offer (if going through the labor pathway).
    • Birth certificates/relationship proof (if going through the family pathway).
    • Vulnerability report (if going through that specific pathway).

How to prove residence (if you don't have continuous municipal registration)

It is not about submitting "many papers," but rather well-distributed over time evidence with your name visible. Here are the most effective examples accepted by the administration:

  • Health: Medical appointments, emergency reports, or dated prescriptions.
  • Housing: Registered rental contracts, utility bills, or nominal communications.
  • Consumption and Services: Bills and bank movements showing regular activity in Spain.
  • Education: School enrollment certificates for dependent minors or courses taken.
  • Verifiable movements: Money transfers or remittances with date and personal data.

Cases Requiring Legal Strategy

This process has nuances that can complicate the resolution if not managed well:

  • Pending or Denied Asylum: It is vital to avoid contradictions between what you declare in asylum and what you request in the regularization.
  • Criminal Records: If you have cancellable records, we must act before submission to clean your file.
  • Expulsion Orders: The granting of this authorization implies the archiving of expulsion proceedings, but it must be requested correctly.

Take the next step with us

The complexity of this RD 316/2026 demands absolute precision. At MigrationLaw, we help you navigate the process successfully:

  1. Information Sessions: Free online sessions to resolve general doubts.
  2. Private Advisory: Exhaustive analysis of your documentation to ensure compliance with the RD.
  3. Comprehensive Management: We process your application from start to finish, from the fee to obtaining the TIE.

👉 Reserve your spot for the next Free Information Session

Doubts about other procedures?

Published: 2026-04-16 | Last updated: 2026-04-20 | Source: BOE RD 316/2026

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