Madrid, Spain. Spain’s cabinet approved a decree in January 2026 creating a pathway to legal residency for hundreds of thousands of undocumented migrants already living in the country. The measure allows eligible migrants without legal status to apply for temporary residence permits.
Decree sets out temporary residency pathway
The decree enables migrants to come out of administrative invisibility by applying for temporary residence permits. It contrasts with tougher migration measures in other countries, including intensified ICE operations in the United States and moves toward harsher immigration policies by European governments, including the United Kingdom.
Citizen-backed initiative behind the policy
The decree follows a longer political and social process rooted in a “popular legislative initiative” under the Spanish constitution, which allows citizens to submit proposals to parliament with at least 500,000 supporting signatures. More than 700,000 people backed an initiative promoted by social organisations calling for an extraordinary regularisation of migrants living in Spain without papers.
According to the organisers, around 500,000 people were affected, residing and working in Spain without access to basic rights. In April 2024, the Congress of Deputies voted to consider the proposal, with 310 MPs in favour and 33 against; Vox was the only party to oppose it. The initiative later stalled in 2024 and remained blocked.
Precedents and research cited in the debate
The January 2026 decree explicitly revives the citizen-led proposal and draws on earlier experiences, including a 2005 regularisation under the Socialist Party government led by José Luis Rodríguez Zapatero that covered more than 570,000 undocumented migrants.
Academic research on that process found higher tax revenues and social security contributions, as well as improved labour market outcomes, and found it did not trigger a large-scale “welfare magnet” effect cited by critics of regularisation policies.
Eligibility and conditions
Under the new scheme, any foreign national already in Spain before 31 December 2025 may apply if they can demonstrate at least five months of continuous residence. Proof can be established through public or private documents, or a combination of both. Applicants must have no criminal record and must not be considered a threat to public order.
For asylum seekers, eligibility depends on having filed an application for international protection before 31 December 2025 and being able to document it.
Permit duration and limits
Successful applicants will receive a residence permit valid for one year and will then be required to transition into one of the ordinary residence categories under Spain’s immigration rules. The measure does not grant permanent status, citizenship, or voting rights, except for local elections under demanding terms.
How do you think the new eligibility rules will affect undocumented migrants already living and working in Spain?