The approval of Royal Decree 316/2026, of 14 April, has introduced one of the most significant reforms in immigration law in recent years. It establishes a new mechanism for extraordinary regularisation based on the so-called extraordinary “arraigo”.
Analysis of the new regularization due to an extraordinary “arraigo”
An exceptional measure, but not automatic.
It is important to clarify from the outset that this is not a general or automatic regularisation. The regulation sets out a structured administrative procedure, subject to cumulative requirements and an individualised assessment by the authorities.
This measure is available to foreign nationals who were present in Spain before 1 January 2026, provided that they are of legal age, are in an irregular administrative situation, and are not involved in other residence procedures or beneficiaries of specific regimes such as temporary protection granted in response to the conflict in Ukraine.
Important:
This is not an automatic regularisation. Each application is individually assessed and subject to specific requirements.
Proof of residence: a key practical element.
One of the central elements of this extraordinary “arraigo” is the requirement to prove continuous residence in Spain for at least five months prior to the application.
In this respect, the regulation adopts a flexible approach by allowing any legally valid means of proof, provided that it identifies the applicant. This aspect will undoubtedly become a key point in practice, as it opens the door to a wide range of evidentiary possibilities (registration certificates, social reports, medical documents, delivery records, among others).
Public order requirements and criminal records.
The regulation maintains the absence of a criminal record as a fundamental requirement, while introducing important nuances. In particular, criminal records that are eligible for cancellation under Spanish law will not be taken into account, and applicants may initiate the cancellation process during the procedure.
Furthermore, the existence of entries in police reports will not automatically result in refusal. Instead, the authorities must carry out an individualised and reasoned assessment of any potential risk to public order or security.
This approach reinforces the principle of proportionality and avoids automatic refusals that have, in some cases, been controversial in administrative practice.
The distinguishing element: employment, family ties or vulnerability.
Beyond the general requirements, the legislator requires applicants to demonstrate an additional element justifying the granting of the residence authorisation. This may consist of actual or prospective employment, cohabitation with certain family members, or a situation of social vulnerability.
Particularly noteworthy is the broad definition of vulnerability, which may be certified not only by public social services but also by duly registered third-sector organisations. This reflects a clear legislative intention to protect individuals in situations of particular fragility.
Provisional authorisation to work: a significant change.
One of the most innovative aspects of the new regime is the recognition of a provisional right to reside and work from the moment the application is formally admitted.
This represents a substantial change compared to other immigration procedures, as it allows applicants to enter the labour market immediately, even before a final decision is issued.
From a practical perspective, this provision may have a direct impact on employment relationships and on the effective integration of applicants.
Procedure, time limits and legal effects.
The procedure must be resolved within a maximum period of three months, after which negative administrative silence will apply. Applications may be submitted until 30 June 2026 through a specific system that involves multiple administrative offices, including post offices and Social Security offices.
If granted, the authorisation will be valid for one year and will allow the holder to work in any sector and throughout the national territory. It will also produce significant legal effects, such as the termination of ongoing expulsion proceedings.
Final considerations:
The new extraordinary “arraigo” constitutes a far-reaching legal instrument designed to address a complex social reality. Its structure combines flexibility—particularly in evidentiary matters and the assessment of vulnerability—with the control and verification mechanisms inherent to immigration law.
From a practical standpoint, its application will require a careful analysis of each individual case, especially regarding proof of residence, the applicant’s personal circumstances, and the most appropriate legal pathway.
At Templecambria, we have extensive experience in immigration law and provide comprehensive legal advice on regularisation procedures. If you wish to assess your specific situation or submit your application with full legal certainty, we will be pleased to assist you.
ÁLVARO MORALES SOUSA
PARTNER – LAWYER
amsousa@templecambria.com
MARIANO SEBASTIÁN ROMERO
LAWYER
Legal2@templecambria.com
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