Extraordinary regularisation of foreign people: update after the public audience
The processing of the extraordinary regularisation announced by the Government continues on its course, but to date of today (February of 2026) the measure is not still in force neither allows to present applications.
The Council of Ministers authorised on 27 January 2026 the urgent processing of the Royal decree that regulates this process. Immediately afterwards, the text subjected to public audience until 6 February, period in which they collected contributions of the citizenship and entities.
What occurs now in the processing?
Once finalised the public audience, the Ministry of Inclusion, Social Security and Migrations is analysing the proposals received to incorporate the modifications that correspond. To continuation, will collect the prescriptive reports, included the one of the Council of State, before the definite approval and publication in the Official Bulletin of the State (BOE).
The Ministry has remembered insistentemente that, until this official publication in the BOE, the norm does not produce juridical effects and is not possible to initiate any formality related with this regularisation. Any previous detail to the BOE keep on being provisional and could modify.
What maintains confirmed in the official documents
According to the press releases and the document of questions and responses of the Ministry:
The permission would be of temporary residence by exceptional circumstances, with initial force of a year and immediate habilitation to work by extraneous or own account in any sector and in all the national territory.
It heads to foreign people that resided in Spain before 31 December 2025 and accredit a permanence continued of at least five months in the moment of the application.
It demands lack penal antecedents and not representing a threat for the public order.
Also it includes to applicants of international protection whose request had presented before 31 December 2025.
It foresees that the applications can initiate around principles of April of 2026, once finalised the prescriptive formalities, and the process would be opened during a period limited (until 30 June 2026 according to the initial forecasts).
All these appearances proceed of the text subjected to public audience and official communiqués, but will remain definitively fixed only with the publication in the BOE.
Key recommendations for autonomous and small companies
In sectors like hospitality industry, cares, construction or trade, where there is a significant presence of foreign workers, this future regularisation could facilitate the legal and stable contracting of people already integrated in the squad.
However, in these moments there is not open procedure: they can not formalise tall neither agreements based in this measure, neither adopt labour decisions anticipated. The prudence is essential to avert any irregularity.
The most recommended is to follow the updates exclusively through official sources.
In Gestoría Rivero follow attentive to each official step of this extraordinary regularisation. When the norm publish definitively in the BOE, our expert squad in alienism and labour management will be to your side to analyse the impact in your business, help you to prepare the necessary documentation and transact everything with the maximum juridical security. It contacts with us without commitment!
Once finalised the public audience, the Ministry of Inclusion, Social Security and Migrations is analysing the proposals received to incorporate the modifications that correspond. To continuation, will collect the prescriptive reports, included the one of the Council of State, before the definite approval and publication in the Official Bulletin of the State (BOE).
The Ministry has remembered insistentemente that, until this official publication in the BOE, the norm does not produce juridical effects and is not possible to initiate any formality related with this regularisation. Any previous detail to the BOE keep on being provisional and could modify.
What maintains confirmed in the official documents
According to the press releases and the document of questions and responses of the Ministry:
The permission would be of temporary residence by exceptional circumstances, with initial force of a year and immediate habilitation to work by extraneous or own account in any sector and in all the national territory.
It heads to foreign people that resided in Spain before 31 December 2025 and accredit a permanence continued of at least five months in the moment of the application.
It demands lack penal antecedents and not representing a threat for the public order.
Also it includes to applicants of international protection whose request had presented before 31 December 2025.
It foresees that the applications can initiate around principles of April of 2026, once finalised the prescriptive formalities, and the process would be opened during a period limited (until 30 June 2026 according to the initial forecasts).
All these appearances proceed of the text subjected to public audience and official communiqués, but will remain definitively fixed only with the publication in the BOE.
Key recommendations for autonomous and small companies
In sectors like hospitality industry, cares, construction or trade, where there is a significant presence of foreign workers, this future regularisation could facilitate the legal and stable contracting of people already integrated in the squad.
However, in these moments there is not open procedure: they can not formalise tall neither agreements based in this measure, neither adopt labour decisions anticipated. The prudence is essential to avert any irregularity.
The most recommended is to follow the updates exclusively through official sources.
In Gestoría Rivero follow attentive to each official step of this extraordinary regularisation. When the norm publish definitively in the BOE, our expert squad in alienism and labour management will be to your side to analyse the impact in your business, help you to prepare the necessary documentation and transact everything with the maximum juridical security. It contacts with us without commitment!
