Policy Changes Spain

Spain grants 1-year permits to undocumented foreigners under Royal Decree 316/2026

Brandon Richards
Brandon Richards ·
Verified · 7 sources· Updated May 12, 2026
Spain grants 1-year permits to undocumented foreigners under Royal Decree 316/2026

Headline: Spain offers 1-year permits to undocumented foreigners

How the regularization works

Spain’s Royal Decree 316/2026 opens an extraordinary regularization path for undocumented foreigners and some asylum seekers who were already in the country before Jan. 1, 2026. Applicants who can prove five months of continuous stay can receive a one-year residence and work permit, renewable under standard rules.

The decree was published in the BOE on April 15 and applies nationwide. Beneficiaries get provisional work rights once their application is admitted, along with access to healthcare through a Número de Seguridad Social.

Who it affects

The measure covers people in irregular status before the cutoff date, including overstayed tourists, rejected visa applicants and some pre-2026 asylum seekers. Spain said the program is meant to help labor integration, increase social security contributions and reduce exploitation.

It can also apply to some remote workers and digital nomads stuck in limbo after expired or denied visas, if they can document their stay. Tourists still within a valid 90-day Schengen stay aren't affected because they aren't in irregular status.

What applicants need to do

Applications opened online on April 16 and in person on April 20. The deadline is June 30 with no extension. Processing can take up to three months and silence means denial.

Applicants must be 18 or older, hold a valid or expired passport, have no valid residence permit and show a clean criminal record, with some cancellable Spanish offenses allowed. The fee is €38.28 ($41), paid after admission. More than 130,000 applications were filed in the first week and free NGO and legal help is available through the ministry portal, Cl@ve, Social Security offices, Correos and extranjería offices.

Read our full Spain guide for the complete picture.

Frequently asked questions

Who can apply for Spain's Royal Decree 316/2026 regularization?
People in irregular status before Jan. 1, 2026 can apply if they can prove five months of continuous stay. The measure includes overstayed tourists, rejected visa applicants and some pre-2026 asylum seekers.
What kind of permit does Spain's regularization decree offer?
Eligible applicants can receive a one-year residence and work permit. The permit is renewable under standard rules.
When is the deadline to apply for Spain's undocumented migrant regularization?
The deadline is June 30, with no extension. Applications opened online on April 16 and in person on April 20.
What documents or conditions are required for Spain's regularization process?
Applicants must be 18 or older, hold a valid or expired passport, have no valid residence permit, and show a clean criminal record, with some cancellable Spanish offenses allowed. They also need to prove five months of continuous stay before Jan. 1, 2026.
How much does Spain's regularization application cost?
The fee is €38.28 ($41). It is paid after admission.
Can applicants work while Spain processes the regularization request?
Yes, beneficiaries get provisional work rights once their application is admitted. They also get access to healthcare through a Número de Seguridad Social.
How long does Spain take to process these regularization applications?
Processing can take up to three months. Silence means denial.

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