The Spanish government's upcoming extraordinary regularization process offers a chance for thousands of undocumented foreigners to secure residency and work permits.
However, this opportunity won't be automatic or universal for everyone.
Immigration attorney Vicente Marín, a well-known legal expert in Spain regarding foreign affairs, has clearly outlined who stands to benefit and, more importantly, who will be excluded from this process.
In a video shared on Facebook, Marín emphasized that while "there will be papers for almost everyone, not for all," highlighting that apart from meeting the general criteria, some individuals will not be able to regularize due to legal reasons or application errors.
Despite its broad scope, the regularization will have specific criteria.
As explained by the attorney, the first group to be excluded comprises those who entered Spain after December 31, 2025. Therefore, individuals arriving during 2026 will not be eligible for this process.
The regulation requires not only entry before this date but also physical presence in Spain at the time of the application.
Similarly, tourists who have not stayed in the country for at least five months before submitting their applications will be unable to regularize their status. Continuous residency is crucial to demonstrate effective settlement.
Another category facing exclusion includes individuals with criminal records or severe police records. Marín stressed that the regularization targets those without legal conflicts.
Furthermore, those with expulsion orders from other European Union nations may also be left out.
The attorney also cautioned against a risk often overlooked: making errors in the application.
Errors such as missing documents, incorrect submission of evidence, or procedural mistakes may disqualify individuals who theoretically meet the requirements.
Marín emphasized the importance of being "very careful and thorough" when preparing the application.
Beyond explaining who cannot participate in the regularization, Marín has devoted significant attention to how this new process interacts with ongoing settlement procedures.
Many individuals have pending applications for social, labor, or educational settlement, raising doubts about whether to wait or join the new program.
The attorney noted that the current regulation text permits submitting an extraordinary regularization application even if another process is ongoing.
He clarified a crucial point: it is unnecessary to close or withdraw from the existing procedure. According to Marín, one can maintain the current process while applying for the new one.
In practice, he explained, many law firms, including his own, will choose to file the new application as it will take precedence.
This means it will likely be resolved faster than older settlement processes, increasing the chances of regularizing one's status more quickly.
The government has framed this extraordinary regularization within a royal decree approved by the Council of Ministers with urgent processing.
Minister of Inclusion Elma Saiz presented it as a mechanism to provide equal rights and opportunities to thousands of foreign nationals already residing in Spain.
The measure targets those who entered the country before December 31, 2025, have lived in Spain for at least five months at the application time, and have no criminal records.
Those who applied for international protection before this date can also participate. From the moment the application is admitted—which must occur within 15 days—applicants can legally work and access public healthcare.
The application window opens in early April, following the royal decree's processing, and remains open until June 30, 2026. The administration will have up to three months to resolve each application.
Estimates suggest the process could benefit around 500,000 people, though some figures raise the potential number of undocumented immigrants in Spain to 840,000.
This is not the first time the country has undertaken such a process; seven regularizations have occurred since democracy, with the largest in 2005 under Prime Minister José Luis Rodríguez Zapatero, benefiting over 576,000 people.
In this context, Vicente Marín's message is clear: this regularization presents a historic opportunity for many, but not for all.
The key, the attorney insists, is to be well-informed and meticulous in the application process.
Key Details About Spain's Immigration Regularization Process
Who is eligible for Spain's immigration regularization?
Eligible individuals include those who entered Spain before December 31, 2025, have resided in the country for at least five months before applying, and have no criminal records.
What could disqualify someone from the regularization process?
Disqualifying factors include arrival in Spain after December 31, 2025, insufficient residency duration, criminal records, serious police records, or expulsion orders from other EU countries.
Can applicants maintain ongoing settlement processes while applying for regularization?
Yes, applicants can maintain existing settlement processes and simultaneously file for the new regularization, as the latter will be given priority.