The extraordinary regularization process being prepared by the Spanish government opens the door for thousands of foreign individuals in irregular situations to obtain residency and work permits.
However, it will not be automatic or universal.
Immigration lawyer Vicente Marín, one of the country's most well-known experts in immigration law, has clearly explained who will be eligible for benefits and, most importantly, who will be excluded from the process.
In a video shared on Facebook, Marín warned that "there will be papers for almost everyone, but not for everyone," emphasizing that in addition to meeting the general requirements, there are profiles that will not be able to regularize due to legal reasons or errors in processing.
The regularization, although extensive, will have clear filters.
According to the legal expert, one of the first groups excluded will be those who entered Spain after December 31, 2025. In other words, all individuals who arrive in 2026 will not be able to participate in this process.
The regulation requires not only having entered before that date but also being physically present in Spain at the time of the application.
Those who have entered the country as tourists and have not stayed for at least five months before submitting the application will also be unable to regularize their situation. Continuity of stay is a key requirement to demonstrate effective residency.
Another group that will be excluded consists of individuals with criminal records or serious police records. Marín was emphatic that the regularization is intended for those without conflicts with the law.
In the same vein, those with expulsion orders issued by other European Union countries could be excluded.
The lawyer also warned about a risk that is not always taken into account: making mistakes in the application.
The lack of documents, incorrect presentation of evidence, or procedural errors can exclude individuals who, in theory, would meet the requirements.
That is why he insisted on the need to be "very cautious and meticulous" when preparing the file.
In addition to explaining who will not be able to access the regularization process, Marín has taken several opportunities to clarify how this new procedure interacts with the residence applications that are already underway.
Many people have submitted applications for social, socio-labor, or socio-educational residency and have yet to receive a response, which has generated questions about whether it is better to wait or to join the new pathway.
The jurist noted that the current text of the regulation allows for the submission of an extraordinary regularization file even if another process is already underway.
And he clarified a key point: it is not necessary to archive or withdraw from the previous procedure. According to Marín, it is possible to maintain the ongoing ties and, at the same time, submit the new application.
In practice, he explained, many firms - including his own - will choose to submit the new file because it will have priority status.
This means that, in theory, it will be resolved before the older residency procedures. In this way, those who have two open processes increase their chances of regularizing their situation more quickly.
The Government has framed this extraordinary regularization within a royal decree approved by the Council of Ministers with urgent processing.
The Minister of Inclusion, Elma Saiz, presented it as a mechanism to provide equal rights and opportunities to thousands of foreign individuals already living in Spain.
The measure is aimed at those who entered the country before December 31, 2025, have been in Spain for at least five months at the time of application, and have no criminal record.
Those who applied for international protection before that date will also be eligible. From the moment their application is accepted— which must occur within 15 days— applicants will be able to work legally and access public healthcare.
Applications can be submitted starting in early April, once the processing of the royal decree is completed, and the deadline will remain open until June 30, 2026. The Administration will have a maximum of three months to resolve each case.
According to estimates cited by various sources, the process could benefit around 500,000 people, although some calculations raise the potential figure of irregular immigrants in Spain to as high as 840,000.
This is not the first time the country has faced a process of this kind: since the advent of democracy, there have been seven regularizations, the most significant of which took place in 2005, during the government of José Luis Rodríguez Zapatero, benefiting more than 576,000 people.
In this context, Vicente Marín's message is clear: the regularization will be a historic opportunity for many, but not for everyone.
The key, the legal expert insists, will be to gather information thoroughly and to carry out the process with diligence.
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