Extraordinary Regularization 2026: What asylum seekers need to know

The extraordinary regularization process planned for 2026 continues to move forward.

Following the publication of the Draft Royal Decree amending Royal Decree 1155/2024, a public consultation and hearing phase was opened to allow institutional and social stakeholders to submit comments and observations. That phase has now concluded.

The next step consists of the technical review of the submissions received. The text may be adjusted based on the mandatory ministerial reports, as well as the opinion of the Council of State. Once any relevant amendments are incorporated, the draft will be submitted to the Council of Ministers for final approval and subsequent publication in the Official State Gazette (BOE).

Until that moment, the content of the draft is not final and may still be subject to changes.

In this context, we analyze what this extraordinary regularization could mean for individuals who have applied for international protection in Spain.

⏺️ Extraordinary regularization for asylum applicants

The information below is based exclusively on the Draft Royal Decree currently under review. As this is a provisional text, its content may change before final approval.

If you have applied for asylum in Spain and your procedure is still pending, this potential regularization may open an important opportunity to stabilize your legal status. The draft introduces a new wording of Transitional Provision Five (DT5), specifically aimed at individuals who have applied for international protection.

⏺️ Who may qualify for the 2026 extraordinary regularization as an asylum applicant?

This residence authorization based on exceptional circumstances (arraigo) through the extraordinary regularization process may be requested by individuals who filed their international protection application before December 31, 2025, who are physically present in Spain at the time of filing the application, and who submit the request within the established deadline, which would expire on June 30, 2026.

⏺️ Main requirements for asylum applicants

According to the draft text, the applicant must:

Have submitted the international protection application before December 31, 2025
Have no criminal record in Spain or in the countries where they resided during the five years prior to entering Spain, for offenses recognized under Spanish law
Not represent a threat to public order, security, or public health
Not be subject to an entry ban in Spain nor listed as inadmissible in countries with which Spain has relevant agreements
Not be within a non-return commitment period
Pay the applicable administrative fee

⏺️ Provisional residence and work authorization

One of the most relevant aspects of the draft is that the mere admission of the application for processing would grant provisional authorization to reside and to work, both as an employee and as self-employed, in any sector and throughout the entire Spanish territory.

If the final authorization is granted, its effects would be retroactive to the date on which the provisional authorization was issued.

If the application is denied, the provisional authorization would automatically lose validity.

⏺️ Suspension of return proceedings and other procedures

One of the most significant effects contemplated in the Draft Royal Decree is the direct impact that simply filing the application would have on the applicant’s administrative situation.

First, if the individual is subject to a return procedure or if a return decision has already been issued due to irregular status — for example, because a prior residence permit was not renewed on time or because the individual worked without proper authorization — filing the regularization application would automatically suspend both the procedure and the enforcement of the return decision.

This means that, while the extraordinary application is being processed, expulsion based on those grounds could not be executed. If the application is ultimately approved, the return procedure would be closed and the decision revoked.

Second, the draft establishes that filing this application would suspend any pending deadlines in other procedures previously initiated by the same individual. This includes international protection procedures, residence applications, or residence and work applications currently under review.

This point is particularly sensitive from a strategic perspective. The suspension implies that the asylum procedure would effectively be paused until a final decision is issued on the extraordinary regularization request. Therefore, before choosing this route, it is essential to carefully analyze the current status of the international protection file, the stage of the process, and the realistic prospects of success.

In short, this is not simply a new residence authorization. It is a decision that may alter the course of ongoing legal procedures. For this reason, each case must be thoroughly assessed before activating this option.

⏺️ Situation of children and family members

The Draft Royal Decree introduces important flexibility measures when the applicant for international protection has minor children or adult children with disabilities in their care.

In these cases, it would be possible to submit residence applications for the children simultaneously with the parent’s application, avoiding separate procedures and potential periods of legal uncertainty. In certain situations, exemptions would apply to the general requirement of two years of prior residence and to the obligation to prove sufficient financial means and adequate housing, which represents a significant difference from the ordinary regime.

The draft also allows certain direct family members to regularize their status simultaneously, without having to meet some of the standard requirements applicable to social arraigo.

For many asylum-seeking families, this aspect may be decisive, as it affects not only the main applicant but also the legal stability of the entire family unit.

⏺️ How we can assist you at ARC Legal

At ARC Legal, we analyze each international protection case taking into account the latest regulatory developments and the current legislative status of the Draft Royal Decree.

We assess risks, compatibility with ongoing asylum proceedings, and design the safest legal strategy for each individual profile.

If you are an applicant for international protection and would like to anticipate the possible 2026 scenarios, we can help you evaluate your options with legal rigor and strategic vision.

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The information provided in this article is for informational purposes only and does not constitute legal advice. While we strive to provide accurate and up-to-date information, immigration regulations are subject to change and interpretation by the competent authorities. For personalized and current legal advice, we recommend consulting a specialized immigration lawyer.