The twenty-first additional provision of Royal Decree 316/2026 not only defines the requirements to access the extraordinary regularization, but also establishes a key practical element: the need to prove compliance with at least one of the qualifying grounds for obtaining a residence permit.
These grounds —employment activity, family unit, or vulnerability— must be properly documented, and how they are evidenced will be decisive in the outcome of the application.
⏺️ Meeting the requirement is not enough: it must be proven
The Royal Decree introduces a clear approach: it is not sufficient to meet one of the qualifying conditions; it must be properly demonstrated through supporting documentation.
To obtain the residence permit, the applicant must prove compliance with at least one of the following:
- Employment activity or intention to work
- Family unit in Spain
- Situation of vulnerability
⏺️ Employment activity or intention to work
This will likely be one of the most commonly used pathways.
Compliance with this requirement can be demonstrated in three different ways:
- Having worked in Spain, either as an employee or self-employed
- Demonstrating the intention to work as an employee by submitting a job offer
- Submitting a declaration of responsibility to work as a self-employed individual
In the case of a job offer, the Royal Decree introduces a relevant new development:
- All types of employment contracts are accepted
- It is sufficient for the contract, or the sum of contracts, to exceed 90 days within one year
From a practical perspective, this significantly increases flexibility, but also requires that the documentation is well-structured and internally consistent.
⏺️ Residence in Spain with the family unit
Another pathway is to prove that the applicant resides in Spain with their family unit, which may include:
- Minor children
- Adult children with disabilities requiring support
- First-degree ascendants with whom the applicant cohabits
In this case, it will be necessary to demonstrate:
- The existence of the family relationship
- Effective cohabitation
This ground focuses on the personal and family reality of the applicant, meaning that documentary evidence will be essential (such as registration certificates, school records, etc.).
⏺️ Situation of vulnerability
The third pathway allows access to the residence permit in cases of vulnerability.
This must be proven through:
- A certificate issued by competent social assistance authorities
- Or by authorized third-sector entities registered in the Immigration Collaboration Electronic Registry
The Royal Decree defines vulnerability broadly, including circumstances that may be:
- Administrative
- Economic
- Social
- Family-related or housing-related
This opens the door to a wide range of situations, but also requires careful preparation of the application and coordination with the entities issuing these certificates.
⏺️ What will the Administration review?
The Immigration Case Processing Unit will be responsible for:
- Verifying that at least one of the qualifying grounds is met
- Assessing whether the supporting documentation provided is sufficient
- Requesting corrections or additional documents if necessary
This reinforces the importance of submitting a complete and well-prepared application from the outset.
⏺️ How can ARC Legal Abogados help you?
Proving compliance with the requirements of the extraordinary regularization process is one of the most sensitive aspects of the procedure. It is not only about meeting the criteria, but about demonstrating it correctly, with coherent documentation aligned with official standards.
In a process like this, proper preparation of the application will be decisive in avoiding requests for additional documentation and ensuring a smoother procedure.
At ARC Legal, we are analyzing each requirement of the extraordinary regularization in detail, with a practical approach focused on building strong applications.
If you want to understand which pathway best fits your situation and how to properly evidence your eligibility, feel free to get in touch with us.
Related publications
- Extraordinary regularization: requirements to access the procedure
- Publication of Royal Decree 316/2026 in the Official Gazette
- Administrative Fees in Spain’s Extraordinary Regularization
¿Prefieres leer este artículo en español 🇪🇸? Aquí te dejamos el enlace: Regularización extraordinaria: cómo acreditar el cumplimiento de los requisitos
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 up-to-date advice, we recommend consulting a qualified immigration lawyer.