Published: 16-04-2026
Royal Decree 316/2026 of 14 April has introduced a new extraordinary pathway for regularization in Spain through the creation of what is known as extraordinary settlement (arraigo extraordinario). This is a temporary measure that may allow certain foreign nationals to obtain a residence and work permit if they were already in Spain before 1 January 2026 and are currently in an irregular situation.
At Gentile Law, we are already reviewing and handling cases related to this new pathway, assessing in each matter whether the interested person truly meets the legal requirements established by the regulation.
What is extraordinary settlement (arraigo extraordinario)?
The reform introduces a new temporary residence authorization on exceptional grounds based on extraordinary settlement. It is not an automatic or general regularization process, but rather an exceptional pathway aimed at specific cases expressly provided for by the regulation.
This authorization may be applied for until 30 June 2026, so it is a limited-time opportunity.
Who could benefit from it?
In general terms, this pathway may be relevant for foreign nationals who:
In principle, this pathway could apply to you if you:
- ya se encontraba en España antes del 1 de enero de 2026;
- continues to be in Spain at the time of application;
- is of legal age;
- is currently in an irregular situation;
- does not have a valid residence or stay authorization;
- is not part of another procedure for the granting, extension, renewal or modification of residence or stay;
- can prove five months of uninterrupted stay in Spain prior to the application;
- and, in addition, may fit into at least one of these three scenarios:
- work or intention to work;
- family unit in Spain;
- accreditable situation of vulnerability.
In addition, the applicant must prove at least one of these circumstances:
1. Work or intention to work
The regulation contemplates this route for persons who have worked during their stay in Spain or who can prove their intention to work, either by means of a job offer or by means of a responsible declaration in the case of self-employment.
2. Family unit in Spain
This regularization may also apply to those who remain in Spain together with their family unit, under the specific terms established by the regulation, especially in cases with minor children, dependent adult children or certain cohabiting ascendants.
Vulnerability situation
The new regulation also covers people who are in a situation of vulnerability, provided that this is duly accredited by the competent entities or, in some cases, by third sector entities authorized to do so.
Each case must be reviewed individually, because it is not enough to be in Spain in an irregular situation: it is necessary to analyze whether all the legal requirements are actually met.
Is it possible to work?
Yes, one of the most relevant aspects of this new pathway is that, from the moment the applicant is notified of the start of the process, he/she will be provisionally authorized to reside and work as an employee or self-employed person until the file is resolved.
The initial authorization, if granted, will be valid for one year and will allow the holder to reside and work throughout the Spanish territory.
Why is it important to act as soon as possible?
Although the measure has generated great interest, it should not be lost sight of the fact that:
- is time-limited;
- requires careful documentary preparation;
- and not all cases will actually fit into this new figure.
Precisely for this reason, before submitting an application, it is advisable to review in detail the immigration status of the person concerned, whether or not there are other avenues open and the documentation available to prove residence, work, family or vulnerability.
At Gentile Law, we are already in the process of processing this new route.
At Gentile Law we are already analyzing files and advising people who wish to assess whether they can benefit from this extraordinary regularization.
If you would like us to review your case or that of a family member, our team can help you:
- check if it meets the requirements;
- define the most appropriate basis for the application;
- prepare the necessary documentation;
- and process the file securely and strategically.
If you believe that this new approach may be applicable to your case, you can contact our team for an individualized assessment.
Contact us:
Elièzer Ruan
+34 604 516 052
Santiago Randazzo
+34 684 463 082
Loreto Fernández
+34 604 516 052