Immigration regulations: new developments

The Government, through a proposed law, has promoted a reform of the Immigration Regulations—Royal Decree 1155/2024, of November 19—which includes, among other measures, an extraordinary regularization process for undocumented immigrants residing in Spain . This is the seventh major regularization process since the return of democracy, the first since 2005, and it is estimated that it could benefit more than 500,000 people nationwide. Applications can be submitted between April and June 30, 2026, which requires employers and companies to prepare in advance.

ACCORDING TO THE BILL:

Who will be eligible for regularization?

In order to apply for regularization, the foreign worker must meet the following main requirements:

• Having entered Spain before January 1, 2026 (before 23:59 h on December 31, 2025).
• Prove continuous residence of at least five months at the time of submitting the application.
• To have no criminal record in Spain and in the countries of residence during the five years prior to entering Spain.
• Not to be involved in active procedures for granting or renewing authorizations for stay or residence.
• Not to pose a threat to public order, safety or public health, nor to be prohibited from entering Spain.

Applicants for international protection who submitted their application before that deadline will also be eligible for the process . Special protection is also provided for minor children in Spain, who will receive a five-year permit.

Direct impact on the employer

According to the draft bill (pending approval), once the application is accepted for processing—without needing to wait for a final decision—the worker will be provisionally authorized to reside and work, either as an employee or self-employed, in any sector and throughout the country. This means that the employer can formalize an employment contract with complete legal certainty from that moment on, without waiting the three months that the decision can take.

Furthermore, from the moment the application is submitted, return proceedings or deportation orders for administrative reasons, including those stemming from working without a permit, will be suspended. This protects both the worker and any employer who may have previously employed an undocumented person.

If the decision is favorable, the worker obtains a residence and work permit valid for one year , without sector or territorial restrictions, renewable according to the ordinary regulations once that period has elapsed.

Obligations of the contracting company

Companies that hire workers benefiting from this regularization must comply with their usual obligations:

• Formalize the employment contract in writing and register the worker with Social Security from the first day of activity.
• Keep a copy of the provisional or final authorization that enables the worker to carry out their activity.
• Report the signed contracts to the public employment service within the legally established deadlines.
• Check the expiry date of the permit to manage its renewal or modification well in advance.

Hiring a foreigner without properly verifying their immigration status can lead to serious administrative penalties for the company. Therefore, seeking expert advice is not only recommended, but essential.

Calendar and deadlines

• March 2026 : the Council of State issues its opinion and the text is passed to the Council of Ministers for final approval.
• April 2026 : opening of the application period after the publication of the Royal Decree in the BOE.
• June 30, 2026 : Application deadline.
• Maximum resolution period : 3 months from the date of admission for processing. Negative administrative silence in case of lack of express resolution.

This process represents a real opportunity to regularize the employment status of workers already part of many companies' teams, or to incorporate new profiles that until now have been unable to legally access the labor market. However, the regulatory complexity—with specific requirements, strict deadlines, and concrete documentation—makes it essential to act proactively and with the support of specialized professionals.

Puigverd Assessors , a team of specialists in labor and immigration law, is at your disposal to guide you through the entire process: from verifying your employees' eligibility requirements to managing all aspects of the paperwork. We invite you to contact us to prepare for this situation with the greatest possible legal certainty.