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Arraigo Extraordinario 2026: Legalisation in 5 Months

Immigration Law / Reform 2026

RD 316/2026 · BOE 15 April 2026 · Deadline: 30 June 2026

On 15 April 2026, the Spanish Official Gazette (BOE) published Royal Decree 316/2026, introducing an unprecedented legalisation opportunity — the arraigo extraordinario. For the first time in 20 years, individuals in an irregular administrative status can obtain a residence and work permit with just 5 months of continuous presence in Spain.

What Is Arraigo Extraordinario

Royal Decree RD 316/2026 adds two new additional provisions to the Foreigners Regulation (RD 1155/2024): the twentieth (for international protection applicants) and the twenty-first (arraigo extraordinario for everyone else).

Unlike ordinary pathways — arraigo social (3 years) and arraigo laboral (2 years) — this new procedure requires only 5 months of continuous residence in Spain before filing.

Key Requirement: Entry into Spain must be evidenced before 1 January 2026, along with at least 5 months of continuous residence.

Three Pathways to Legalisation

The decree establishes three alternative categories (meeting just one is sufficient):

1. Employment Pathway

A work contract of more than 90 days per year or a responsible declaration to work as an autónomo (self-employed).

2. Family Pathway

Certified cohabitation with minor children or dependants.

3. Social Vulnerability

Status certified by competent social organisations in Spain.

Documents and Administrative Fee

The application requires the following basic document package:

  • Passport: Applications with an expired passport are explicitly accepted.
  • Proof of Residence: Empadronamiento or other dated documents proving presence prior to 01/01/2026.
  • Criminal Record: Criminal record certificate from your country of origin.
  • Pathway Proof: Documents demonstrating compliance with one of the three pathways (employment, family, or vulnerability).
  • Administrative Fee (Tasa): Modelo 790-052 (heading 2.3.1) — €102.58. Without proof of payment, the application will not be admitted.
  • Permit Duration: Issued directly for 5 years with full work rights and renewal options.

Frequently Asked Questions (FAQ)

If I entered Spain in August 2025, can I apply?
Yes. If at the time of application you have been continuously in Spain for 5 months and can prove entry before 01/01/2026, you meet the residence requirement.

Is an expired passport accepted?
Yes, RD 316/2026 explicitly permits applications to be submitted with an expired passport.

What happens after 30 June 2026?
30 June is the strict deadline. After that date, this extraordinary window closes, and only ordinary arraigo routes will remain available.

Need legal advice?
Book your consultation with a lawyer before 30 June:
📞 +34 696 85 95 47 | 🌐 igorlapchynskyi.com
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