According to media reports, the Spanish government is set to advance a highly anticipated administrative regularization process for immigrants, commonly known as an ‘amnesty’. While the final details await official announcement, we can outline the key aspects of this new regularization policy based on a previously leaked draft decree.
Launch Timeline and Legal Framework
It is anticipated that the Spanish Council of Ministers will approve the Royal Decree implementing this plan during its regular meeting on Tuesday, April 14, 2026. The decree is expected to be published in the Official State Gazette (Boletín Oficial del Estado, BOE) the following day, Wednesday, April 15, and will take effect immediately upon publication.
It is crucial to emphasize that all current interpretations of the application requirements are based on the draft decree released by the government on January 27, 2026. The final implementation details, application periods, and other specifics will be determined by the final text published in the BOE. The initial draft set an application deadline of June 30, but as the launch is slightly delayed from the original plan, it remains to be confirmed whether this date will be adjusted accordingly.
Core Application Requirements
Based on the current draft, the main conditions for applying for this regularization are as follows:
- Entry Date: Applicants must prove they were already in Spain before December 31, 2025.
- Proof of Residence: At the time of application, applicants must be able to demonstrate at least five months of continuous residence in Spain. This is generally interpreted as requiring proof of residence from July 1, 2025, or earlier, to meet the prerequisite of being in the country before the end of 2025.
- Special Exemption: Individuals who had submitted an asylum application before December 31, 2025, may not need to provide the aforementioned five-month proof of residence.
Furthermore, Ukrainian nationals who have already obtained residency and work permits under international protection laws are not covered by this amnesty program.
Supporting Documents and Criminal Record
The draft indicates that the requirements for supporting documents in this regularization process are relatively flexible.
Proof of Residence Documents: Various forms of proof will be accepted, including but not limited to municipal registration (padrón), medical records, rental contracts, utility bills, bank transfer records, or public transport passes.
Criminal Record Certificate: In principle, applicants need to provide a criminal record certificate from their country of origin or any country where they have resided in the last five years. However, the draft also specifies exceptions:
- If the applicant has previously submitted this certificate to the Spanish authorities for other procedures, they do not need to resubmit it.
- Those who have lived continuously in Spain for five years before submitting the application may be exempt.
- If an applicant has applied for the certificate from their country of origin but has not yet received it, they can initially submit the application receipt, a sworn personal declaration, and an authorization for Spanish authorities to request the record from the relevant country. If there is no result after one month, the applicant may be able to submit a ‘sworn declaration of no criminal record’ as a substitute.
Key Highlights of the New Policy
Compared to previous regularization processes, this draft amnesty shows several significant advancements:
- No Job Offer Required: The most significant change is that applicants are not required to provide a job contract when submitting their application. This substantially lowers the barrier to entry.
- Family Member Benefits: The applicant’s minor children can apply at the same time. The children will directly receive a five-year residency permit, while the main applicant will receive a one-year temporary residency permit, which can be renewed after one year according to standard immigration laws.
- No Geographical or Sectoral Restrictions: The approved residency permit will no longer be restricted to a specific autonomous community or industry, as was sometimes the case in the past. Holders will have the right to live and work freely throughout Spain in any sector.
It is important to note that the residency rights obtained through this process are limited to legally residing and working within Spain and do not automatically grant the right to long-term residence in other European Union countries.
