The PROPOSED RESIDENCY AMNESTY 2026 in Spain
- Jackie McAngus
- 3 hours ago
- 2 min read
There are currently a lot of reports of the new proposed Amnesty for 2026, some of which are informative and some are more speculation.
The draft proposal is now out but the Royal Decree has not yet been published however, this is what we know so far;
Firstly, let us make the point that the proposal specifically says that it is open to all nationalities so UK illegal residents are intended to be included at this point of which there are about 20,000.
Secondly, it is expected to pass into law in April and applications will close at the end of June so the window of opportunity will not be open for very long.
The intention of the law is simply to legalise the residency of those who qualify which is estimated to be around 500,000 foreign nationals already living in Spain. It will grant an initial 1 year authorisation which will include both a residence permit and a work authorisation to work in whatever sector in the whole of the Spanish territory.
Whilst many who have been through the sometimes arduous process of gaining residency in the normal way may think this is unfair, there are others who, for one reason or another and not necessarily of their own fault, have not achieved residency and this is part of Spain initiative in reinforcing its migration policy based on “human rights, integration and coexistence compatible with economic growth and social cohesion”.
It is intended that those previously denied residency and asylum seekers (providing that they applied for asylum before 31st December, 2025) can also apply and the process will be very fast.
Conditions for application
Applicants must prove continuous residence for a minimum of 5 months before December 31, 2025 and conclusive proof of continuous residency will be required using public and/or private documents including bank statements, appointments etc.
Applicants must not have a criminal record or pose a threat to public order. This may include access to European records as well.
Family members can also be included such as illegal parents and children. Minor children must be enrolled in school and it can include unborn children.
After the initial year
Applicants will the be integrated into the ‘standard categories established in the Immigration regulations’ so presumably in the same way as many of the Arraigos are converted after the initial year, they then get temporary residency via a type of work permit etc.
As soon as the Royal Decree is available in April we will publish a definitive guide but in the mean time, those who believe they would qualify should get an ACRO with apostille and translation and start gathering evidence.
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