Analysis of the Third Draft of the 2026 Regularization: Key Novelties and Changes
We know that the wait for the new Immigration Regulation causes a lot of uncertainty. At inforegularizacion2026.es, we continue to analyze every regulatory step to bring you the clearest, most real, and updated information possible.
We have recently thoroughly analyzed the third draft of the Royal Decree. After the revisions of the previous text, the Ministry has made very important adjustments that directly benefit thousands of foreign people in Spain.
Below, we explain in plain language what remains, what improves, and above all, why this new text brings excellent news for obtaining your papers.
✅ What remains (The foundations of the process)
The main skeleton of the regularization remains intact compared to previous versions. If you were preparing with these rules, you are on an excellent track:
- Cut-off date: You must prove that you were in Spain before January 1, 2026.
- Length of stay: You are required to have stayed in Spain uninterruptedly for the five months prior to submitting the application.
- Immediate work permit: Once your application is accepted for processing, you will have provisional authorization to reside and work (employed or self-employed) throughout the national territory while you wait for the resolution.
- Deadline: The authorization can be requested until June 30, 2026.
🚀 The Great Novelties of the Third Draft (Good News!)
This is where the new text fine-tunes the details and brings the best news for those seeking to regularize their situation.
1. The employment contract is NOT mandatory! (The great advantage)
To request the Extraordinary Arraigo, the regulation requires fulfilling at least one of three possible requirements. Although one of the options is to present a contract that adds up to more than 90 days in a year, it is not mandatory to have it.
The key: Another valid requirement is to be in a "situation of vulnerability". The great advance of this draft is that it clearly establishes that it will be presumed that foreigners who are in an irregular administrative situation in Spanish territory are in such a situation of vulnerability.
What does this mean for you? That the irregular status alone is enough and serves to access the process. You do not need to rely on an employer making you a contract if you are in an irregular situation.
2. Asylum Seekers: The appointment problem is over
Previously it was required to have "submitted an application" formally, which left out those who were blocked trying to get an appointment at the Police.
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The novelty: The third draft solves this by allowing those who before January 1, 2026 had "submitted an application for access to the procedure", "registered" it, or "formalized" it to apply. In addition, the law now understands that you are an applicant for international protection from the very moment of the "manifestation of will".
3. Less bureaucracy with Criminal Records
Getting criminal records from the home country always delays files. This draft introduces very positive exemptions to avoid having to present them if you meet one of these two conditions:
- Having stayed continuously in Spain during the last five years before applying.
- Having proven the absence of a criminal record in another previous application in the last five years, provided you have not left Spain since then.
4. What happens to files already in process?
If you already had an arraigo file in process, there is an automatic lifeline. Applications submitted under the fifth transitional provision before this new decree enters into force will be resolved favorably, unless the lack of a criminal record is not proven or there is a threat to public order.
⚠️ Attention: What is still delicate
Although the text is highly favorable, there is a critical point where we cannot risk making mistakes in the application:
Automatic loss of work permit: If your application is denied because of a missing document or a mistake in the procedure, this will mean the automatic loss of validity of the provisional authorization to work, without the need for an express administrative pronouncement.
That is why it is vital to present a perfect and flawless file from day one.
📅 Secure your Regularization with inforegularizacion2026.es!
This third draft opens a historic door: without the need for a contract and just by proving your irregular status, you can get your papers. But a single mistake in the documentation can make you lose the right to work provisionally.
Don't take risks. At inforegularizacion2026.es, we are experts in Immigration and we are ready to analyze your case, prepare your documentation, and ensure that your file is presented flawlessly.
Do you want to be one of the first to present your file with guarantees?