The recent decision by the Spanish government to promote an extraordinary regularization process for foreign individuals in an irregular situation has raised many doubts among those who already have ongoing applications based on their roots.
In this context, immigration attorney Vicente Marín, one of the most well-known legal experts in Spain regarding nationality and foreign affairs, explained on Facebook which option may be more advantageous depending on each situation.
Marín, who runs a law firm in Granada and assists immigrants from all over Spain, specifically addressed those who have submitted applications for social-informational, socio-laboral, or social residency and have not yet received a response.
According to the explanation, the current text of the regularization regulation provides a new opportunity: to submit a regularization application even if there is already another process underway.
"Those of you who have established ties during all this time... and are in process without a response, the current regulations offer you a possibility, that of submitting a regularization file," he pointed out.
One of the key points that Marín clarified is that it is not necessary to archive or withdraw from the previous file.
"There is no need to request the file; please do not do this. With the current text... there is no need to suspend the previous procedure. Do not give up. You all are submitting your new process," he explained.
In practice, according to Marín, many law firms—including his own—will choose to submit the new regularization application even if there is a prior one for residency by settlement.
"We are going to do it here with many clients… We are not filing the previous one; we are presenting a new one," he stated.
The reason? The new regularization procedure will take priority, so, in theory, it will be resolved faster than the older cases.
"The presentation of a new one, which is also a priority, should theoretically be resolved before the old one. In theory, these will take precedence over the older ones," the legal expert affirmed.
In another of his videos, Marín explained in more detail the scope of the measure approved by the Government.
"The Government has just approved the regularization of foreigners... which will affect all those foreigners who entered Spain before December 31, 2025, and who have been in Spain for at least five months at the time of the application," he said.
The procedure will allow not only obtaining residency but also working simultaneously from the moment the application is accepted for processing.
Additionally, it will also apply to asylum seekers who have submitted their application before December 31, 2025.
Another point highlighted by Marín is that the measure will also benefit the children of those who opt for this process: "they will receive a residency directly for five years," he explained.
The extraordinary regularization is part of an initiative promoted by the Government through a royal decree approved by the Council of Ministers with urgent processing.
The Minister of Inclusion, Elma Saiz, explained that it is "an extraordinary regularization process for thousands of foreign individuals who are in our country" and aims to provide equality of rights and opportunities.
The process is aimed at foreign individuals who have been in Spain for at least five months before December 31, 2025, and who have no criminal record.
Those who have applied for international protection before that date will also be eligible.
According to the Ministry, applications can be submitted starting in early April, once the processing of the royal decree is complete, and the procedure will remain open until June 30, 2026.
The Administration will have a maximum of three months to process the applications, although from the time the application is accepted— which must occur within 15 days— applicants will be allowed to work legally and access public healthcare.
According to data cited by various media outlets, the process could benefit around 500,000 people, although some estimates raise the potential number of irregular immigrants in Spain to as many as 840,000.
Spain has carried out seven regularization processes since the arrival of democracy, the largest one being in 2005, during the government of José Luis Rodríguez Zapatero, which benefited more than 576,000 people.
In this context, Vicente Marín's message is clear: those with an ongoing application are not required to choose one option over the other; rather, they can opt for the new preferential procedure without giving up their previous application, thereby increasing their chances of regularizing their situation as soon as possible.
Filed under: