Migrant Regularization 2026: What Is Official and What Is Pending

In recent days, the upcoming extraordinary regularization of migrants in Spain has generated a huge amount of information, interpretations, and, also, some confusion.

While many people are already trying to prepare applications, the Ministry of Inclusion, Social Security, and Migration has sent a very clear message: the application period is not yet open and the final text does not yet exist.

Within the European framework, the European Commission has reiterated that, although regularization is the exclusive competence of Spain, national authorities must ensure that its implementation does not have negative consequences in other EU Member States, especially regarding mobility within the Schengen area. Let’s see what is known and what is still pending.

Can applications be submitted?

The State Secretariat for Migration has publicly reminded that:

• The Royal Decree regulating this measure is still in the final approval phase.
• It will then need to incorporate contributions and request reports (including from the Council of State).
• It will go through the Council of Ministers again.
• And only after its publication in the Official State Gazette (BOE) will the application period open.

The official forecast is that the application period will begin around early April and will extend until June 30, 2026.

What requirements are confirmed by official sources?

Although the text is not final, both the Ministry and Moncloa agree on the essential elements structuring the measure. Those who meet the essential requirements explained in this other post will be eligible.

• Have resided in Spain before December 31, 2025.
• Be able to demonstrate a minimum continuous stay of five months at the time of application.
• Have no criminal record.
• Be in Spain at the time of application.

Additionally, it is confirmed that applicants for international protection will also be eligible if their application was submitted before December 31, 2025.

Another key point for companies and workers: the granted authorization automatically allows work throughout the national territory and in any sector.

The initial authorization will be for one year, after which it must be converted to the ordinary figures under the Immigration Regulation.

This regularization does not replace the Immigration Regulation

The government introduces a very important idea to understand the measure. The 2025 Immigration Regulation reform creates a modern and structural framework for future migration, but it cannot automatically resolve irregular situations accumulated over more than a decade.

The extraordinary regularization acts on that “inherited stock.” That is:

• It does not change the rules of the system.
• It allows thousands of people to finally enter the system.
• And from there, the ordinary pathways for residence, studies, work, etc., function.

Will it create a “pull effect”? The government’s official position

The official argument is clear:

• There is a fixed cut-off date (December 31, 2025).
• There is a limited application period (until June 30, 2026).
• Spain currently has an Immigration Regulation that reinforces regular and orderly pathways.
• Evidence from the 2005 regularization shows that it did not create a pull effect, but it did improve labor integration and tax collection.

The position is that irregularity is precisely the territory where criminal networks operate, and regularizing reduces that space.

 

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Labor impact: acknowledging a reality that already exists

Official data provided by Moncloa are very significant:

• More than 3.1 million foreign nationals affiliated with Social Security in 2025.
• 14.1% of all contributors.
• 77% of new self-employed registrations correspond to people of foreign origin.

The official interpretation is clear: many of the people who can regularize are already working, but under informal or administratively precarious conditions. Regularization does not create new jobs, but legally formalizes employment that already exists.

Debate in the European Union

On February 10, 2026, the European Parliament held a debate on the impact of this regularization in the Schengen area and EU migration policy.

The European Commissioner for Migration, Magnus Brunner, stated that regularization is Spain’s responsibility, but reminded that Member States must ensure that its implementation does not have negative consequences in other EU countries, especially regarding beneficiaries’ mobility.

Brunner clarified that a residence permit granted in Spain is not a blank check to move freely to other Member States beyond the limits set by European legislation. If a beneficiary is found to reside irregularly in another EU country, they must return to the State that issued the permit.

Changes in EU rules on safe countries and returns

During the plenary session, the European Parliament approved the creation of a first list of safe countries of origin, including Bangladesh, Colombia, Egypt, Kosovo, India, Morocco, and Tunisia, as well as EU candidate countries. This list will facilitate the processing of asylum applications from nationals of these countries.

Additionally, amendments were approved to EU legislation on returns of irregular immigrants, including the possibility of sending certain applicants to third safe countries, regardless of prior connections with that country. These measures aim to strengthen migration management and cooperation among Member States, ensuring that migration and asylum policy is coherent and secure across the EU.

How can we help?

The extraordinary regularization in Spain represents an exceptional and temporary step to regularize migrants in irregular situations, with clear requirements and a defined timeframe. At the European level, the measure has sparked debate on Schengen mobility and migration policy coordination, but it remains within a legal framework compatible with EU legislation.

At Adlanter, we support companies and professionals in immigration processes, international mobility, and visa management.