What exactly has been approved?
It's a new decree, which aims to "guarantee rights and give legal certainty to an existing social reality", meaning it will seek to legalise the situation of around 500,000 undocumented migrants already living in Spain.
According to the Ministry of Inclusion, Social Security and Migration, headed up by Elma Saiz, it "reinforces" a migration policy model "based on human rights, integration and coexistence, compatible with economic growth and social cohesion”.
It also means that 60 percent of undocumented immigrants residing in Spain could be issued with residency papers after an agreement was reached between the government and far-left party Unidas Podemos.
Who is the initiative aimed at?
It is aimed at undocumented migrants who were already living in Spain before December 31st, 2025 and can prove at least five months of residence, according to Political secretary and MEP of Podemos, Irene Montero.
The figure that's been widely used by the Spanish government and Spanish press is 500,000, but according to the Funcas think-tank around 840,000 undocumented migrants lived in Spain at the beginning of January 2025, most of them Latin American.
What are the requirements for undocumented migrants?
The main requirement for migrants is to prove they have lived in Spain for at least five months, or at least since December 2025.
Authorities have said that immigrants can apply for legal papers by showing proof of registration on the municipal/town hall register (known as the padrón), rental contracts, receipts for money transfers, transport tickets, or medical certificates.
When does the application window open and close?
Applications are expected to open in April 2026, according to Saiz. Undocumented migrants can apply up until June 30th 2026.
It is not yet clear what will happen beyond that date. At the time of applying, any return proceedings or deportation orders for administrative reasons or for working without a permit will be suspended.
Which immigrants are not eligible to legalise their status under the new decree?
So far, authorities have only confirmed that no one with a criminal record will be able to apply for legal residency under the new rules.
How long will the application process take?
Spain's Minister of Migration confirmed that once the application is submitted, it will take 15 days for it to be initially checked over. She also explained that from the moment this takes place, applicants "will be able to work in any sector, anywhere in the country".
Although the initial acceptance of the application is fast, it will still take around three months to receive an official response and legal residency papers.
It's worth noting that staff at foreigners' offices are already overstretched due to the new administrative tasks and processes that were brought in with the new Immigration Law back in May.
According to immigration company Legalteam, there are currently hundreds of thousands of unresolved immigration applications, so it's unclear how authorities are going to deal with all the new applications.
READ ALSO: Seven key points to understand Spain's new immigration law
What will happen when migrants' applications are approved?
If approved, migrants will receive a provisional residence permit that allows them to work legally, as well as access certain rights like healthcare.
This will be granted for a period of one year, at the end of which an ordinary permit may be requested in accordance with normal immigration regulations.
What other rights will be given and what won't?
As mentioned, rights include residency and work permission, but applicants will not be given Spanish nationality, they will not be able to vote in regional or general elections or have immediate access to non-contributory benefits.
Will this decree have to go through another parliamentary approval process before it's confirmed?
No, as this is a processed royal decree, the Spanish government does not require parliamentary validation, like it would normally with endorsement in Congress one month after its approval. This means they can get around the fact that they don’t have support from the Catalan nationalist Junts party, for example.
Is this the Spanish government's first mass regularisation of migrants?
While the decree is new, this is not the first time the Spanish government has talked about or even issued residency papers to illegal migrants. Back in 2005, former Prime Minister José Luis Rodríguez Zapatero, handed out residency documents to 565,121 migrants already in Spain, almost 82 percent of those who applied.
An initiative was also launched around five years ago in defence of illegal migrants, which was signed by more than 600,000 people and supported by some 900 associations. The government debated the matter back in 2024. At that time, Prime Minister Pedro Sánchez said they would aim to issue papers to 300,000 migrants per year.
Spain brought in a new Immigration Law in May of last year, which aimed to make it easier for illegal immigrants to become legal in Spain. Previously, undocumented foreigners who lived in Spain had to wait three years until they could become legal and obtain a residence permit, but with the new law, it was reduced to two years.
The ruling Socialists also issued residency papers to 25,000 foreigners affected by the storm in Valencia on October 28th, in which more than 200 people died.
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