The recent publication of Royal Decree 316/2026, dated April 14, introduces one of the most significant immigration measures in recent years: the so-called extraordinary regularization, structured through a new legal figure known as extraordinary residency based on exceptional circumstances (arraigo extraordinario).
This is a residence authorization based on exceptional circumstances that will allow thousands of foreign nationals currently in an irregular situation to obtain legal status in Spain, provided they meet certain requirements.
In this article, we analyze in a clear and practical way the requirements needed to access this extraordinary regularization process.
⏺️ Who can apply for extraordinary regularization?
Before going into the specific requirements, it is important to understand the starting point: this extraordinary regularization is aimed at foreign nationals who were already in Spain before January 1, 2026, and who currently do not hold a valid residence authorization.
This time requirement is key and acts as an initial filter for the procedure.
⏺️ General requirements to access extraordinary regularization
The Royal Decree establishes a set of requirements that must be met cumulatively. Below, we analyze them one by one.
Presence in Spain before January 1, 2026
The applicant must prove that they were in Spain before this date. This is a fundamental requirement, as it clearly defines the scope of the extraordinary regularization.
Continuous residence in Spain for at least 5 months
In addition, applicants must demonstrate continuous residence in Spain during the five months prior to the application.
The regulation allows this to be proven through any legally valid means, as long as it identifies the applicant (municipal registration certificates, medical appointments, deliveries, administrative documents, etc.), meaning they must be documents issued in the applicant’s name.
Not holding a residence or stay authorization and not being involved in another immigration procedure
This mechanism is specifically designed for individuals in an irregular situation.
Therefore, those who already hold a residence or stay authorization, or who are in the process of obtaining one (renewals, modifications, etc.), will not be eligible.
Likewise, applicants cannot be involved in ongoing immigration procedures related to residence or stay authorizations. This is intended to avoid overlaps and ensure that extraordinary regularization remains a specific and independent pathway.
No criminal record
Applicants must:
- Have no criminal record in Spain
- Provide a criminal record certificate from their country of origin (and from countries where they have resided in the last 5 years)
Not pose a threat to public order or security, not be listed as inadmissible in the Schengen area, and not be subject to an entry ban in Spain
The Administration will assess this through:
- Police reports
- Checks in national and European databases
Applicants must not be listed as inadmissible in countries with which Spain has agreements in this regard. Additionally, individuals subject to a non-return commitment or an active entry ban will not be eligible.
⏺️ A key additional requirement: proving ties to Spain
In addition to all the requirements above, applicants must meet at least one of the following conditions:
- Have worked or show an intention to work
- Have family ties in Spain
- Be in a situation of vulnerability
⏺️ How can ARC Legal Abogados help you?
The extraordinary regularization introduced by Royal Decree 316/2026 represents a unique opportunity for foreign nationals who have been living in Spain in an irregular situation.
However, meeting the requirements is strict and will require proper preparation of the application, particularly in relation to:
- Proof of residence
- Identification documents
- Criminal record certificates
- Personal and administrative situation
We are dealing with a procedure with a high practical impact, but also with important legal implications that must be analyzed on a case-by-case basis.
At ARC Legal, we assess each situation individually to determine eligibility for extraordinary regularization and to prepare a strong application from the outset.
If you would like to know whether you meet the requirements or how to prepare your application, feel free to contact us.
Related publications
- Extraordinary regularization: official approval and opening of the application period
- The Council of State publishes its Opinion on the Extraordinary Regularization
- Spain approves extraordinary regularization: Royal Decree 316/2026 published
¿Prefieres leer este artículo en español 🇪🇸? Aquí te dejamos el enlace: Regularización extraordinaria en España: requisitos del nuevo arraigo extraordinario (Real Decreto 316/2026)
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.