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Legalization of 500,000 migrants in Spain in 2026: what it means for those applying for a residence permit

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Spain will legalize 500,000 migrants in 2026. How will this affect residence permit processing times, who qualifies under the program, and what should legal applicants do? Expert insights from Visa Dan.

On January 27, 2026, the Spanish government approved a royal decree launching a large-scale regularization program — a mass legalization of undocumented migrants currently residing in the country. According to preliminary estimates, up to 500,000 people may benefit from this measure.

For those already applying for a Spanish residence permit through legal channels — such as the Digital Nomad Visa, Startup Visa, family reunification, or investment routes — this decision raises an important question: will already complex processing times become even longer?
Let’s break down what happened, why, and how it may affect your plans.

What happened: overview of the legalization program

Spain’s Council of Ministers approved an emergency Royal Decree-Law (Real Decreto-ley) that grants undocumented foreign nationals a pathway to legal status. As a royal decree, the measure enters into force without requiring parliamentary approval.

The program is the result of an agreement between the ruling Spanish Socialist Workers’ Party (PSOE), led by Prime Minister Pedro Sánchez, and the left-wing party Podemos. The initiative has a long history: in April 2024, a Popular Legislative Initiative (Iniciativa Legislativa Popular) supported by over 700,000 citizen signatures was submitted to parliament advocating for regularization.

Key Program Parameters:
  • Application period: Early April to June 30, 2026
  • Status granted: 1-year temporary residence permit with the right to work
  • Children: Minor children receive a 5-year residence permit
  • Processing time: Up to 3 months from submission
  • Protection: Deportation procedures are suspended while the application is under review

Who is eligible to apply?

Foreign nationals may participate in the regularization program if they meet three conditions:
  1. Arrival in Spain before December 31, 2025. Applicants must prove presence in Spain prior to this date.
  2. At least 5 months of continuous residence at the time of application.
  3. No serious criminal record or threat to public order. A criminal record certificate from the country of origin may be required (with apostille and sworn translation if applicable).
Proof of residence may include not only municipal registration (empadronamiento), but also rental contracts, medical appointments, social assistance records, remittance receipts, and even transportation tickets.

The program also applies to asylum seekers and refugees who meet the stated criteria.

Why is Spain doing this?

While much of Europe and the United States have adopted increasingly restrictive migration rhetoric, Spain has strong economic reasons behind this decision.

Labor Shortages
According to the Bank of Spain and the UN, the country needs approximately 300,000 migrant workers annually to sustain its social security system. Critical labor shortages exist in construction, agriculture, and hospitality.

Combating the Shadow Economy
Analysts estimate that regularizing 500,000 individuals could generate between €790 million and €950 million annually in taxes and social security contributions.

Demographic Crisis
Like many European nations, Spain faces an aging population. Legalizing migrant workers is seen as a way to stabilize the social system.

Historical Precedent
Between 1986 and 2005, Spain conducted six mass regularizations under both socialist and conservative governments. Approval rates in past programs ranged from 80% to 87%.

How will this affect residence permit processing times?

This is the main concern for applicants pursuing legal residence routes — and the answer is unfortunately not entirely reassuring.

Increased Workload for Immigration Offices
Spain’s immigration authorities (Oficina de Extranjería) already operate under heavy workloads. Standard residence permit processing times are officially up to 90 working days, though in practice they often take 1–2 months.
Processing hundreds of thousands of additional applications will inevitably put pressure on the system.

Peak Period: April–September 2026
The application window runs from April to June 2026. Since each case may take up to 3 months to process, peak administrative pressure is expected between April and September 2026. Delays during this period are highly likely.

Which Residence Permits May Be Affected?
Potential delays may impact all applications processed through immigration offices, including:
  • Digital Nomad Visa
  • Startup Visa
  • Non-Lucrative Residence (Residencia no lucrativa)
  • Family Reunification
  • Arraigo (social roots regularization)
  • Residence permit renewals
It is worth noting that Spain’s Golden Visa program through real estate investment was officially abolished in April 2025, and new applications are no longer accepted.

Lessons from Previous Regularizations
In past legalization waves, temporary delays in standard immigration procedures did occur. However, these delays were generally not critical and did not lead to higher rejection rates — only longer waiting times.

What should legal applicants do?

Apply Before April 2026
If you are ready to submit your residence permit application, do so before the legalization program begins. Applications filed before April are likely to be processed under normal timelines.

Prepare Documentation Carefully
Errors — such as incorrect translations, missing apostilles, or incomplete files — cause delays even under normal circumstances. During peak workload periods, mistakes can significantly prolong processing.
Make sure you have:
  • All documents with sworn translations (traducción jurada)
  • Apostilles where required
  • Valid criminal record certificates
  • Clear proof of financial means
Build in Extra Time
If applying between April and September 2026, add at least 1–2 extra months to expected timelines. This is particularly important if your residence permit affects family relocation, employment start dates, or housing arrangements.

Consider Alternative Countries
If Spain is not your only option, you may want to explore comparable destinations without current administrative overload:
  • Portugal — D7 (passive income) and D8 (Digital Nomad) visas
  • Greece — Golden Visa from €250,000 and financial independence residence permits
  • Italy — Digital Nomad Visa and Investor Visa from €250,000
  • Serbia — Simplified business-based residence with fast processing
Stay Updated
The situation may evolve. The government could adjust deadlines or allocate additional funding to immigration services. Follow updates carefully to adapt your strategy if needed.

Important nuances often overlooked

Legalization does not equal citizenship. Participants receive a 1-year temporary residence permit. The path to Spanish citizenship requires at least 10 years of legal residence (with exceptions for certain nationalities).

Not all applications will be approved. Historically, 13–20% of applications were rejected due to insufficient proof of residence, criminal records, or documentation errors.

The program may be repeated or expanded. Authorities will evaluate the program’s impact during 2026.

Political opposition exists. The conservative People’s Party and far-right Vox have strongly criticized the measure. While the royal decree does not require parliamentary approval, political debates may influence implementation.

Conclusion

The legalization of 500,000 migrants in Spain is historically significant in the European context of 2026. For undocumented residents, it offers a path out of the shadows. For Spain’s economy, it promises new taxpayers and relief for labor shortages.

However, for those applying for residence permits through legal channels, it likely means temporary processing delays — especially between April and September 2026.

To minimize risks:
  • Apply early
  • Prepare documentation meticulously
  • Allow extra time
  • Consider alternative destinations if flexibility allows
If you are planning relocation to Spain or evaluating other residence options, contact Visa Dan for a personalized consultation. We will help you choose the optimal route in light of current changes and guide you through the process from your first document to your residence card.

Why do customers choose Visa Dan?

Visa Dan is an international company with a strong legal team and experience in assisting more than 1,000 clients. We offer:
  • Individual selection of solutions and strategies for obtaining a residence permit.
  • Complete transparency and support at every stage.
  • A strong team in Europe: lawyers, translators, operators, notaries.
  • Support until you receive your ID card, as well as assistance with renewal and integration in the country.
The Visa Dan team will help you navigate this journey from start to finish. Get personalized advice and start your new life in 2025!