You have been in Spain for three years without papers, counting the months until you can apply for arraigo (settlement). One neighbour tells you the law has changed and it is no longer three years. Another assures you that was “the regularisation” and it has already closed. Both are partly right.
The Immigration Regulation has changed twice in just over a year, and the Supreme Court has also annulled part of it. This is the updated map for 2026.
The New Immigration Regulation: in Force Since 20 May 2025
Royal Decree 1155/2024 replaced the former 2011 Regulation (RD 557/2011), which should no longer be cited as current law. Its main changes are:
- Five types of arraigo (settlement): social, socio-labour, socio-training, family and second chance.
- A prior stay of two years instead of three, except for family arraigo.
- The job-search visa goes from three months to twelve months.
- A separate regime for family members of Spanish citizens, distinct from that of EU citizens.
Family Members of Spanish Citizens: More Cases and Applications From Spain
Articles 93 to 99 allow residence applications by the spouse, the registered or stable partner with twelve months of cohabitation, children under 26 and, in certain cases, parents.
When the family is already in Spain, the application can be filed without returning to the country of origin, with provisional authorisation to work from the moment it is admitted for processing. We explain how this applies to de facto couples here.
The 2026 Reform: Royal Decree 316/2026
In force since 16 April 2026, it amended several articles of the Regulation:
- It opened an extraordinary regularisation whose application window ran from 16 April to 30 June 2026 and is now closed.
- Socio-labour arraigo allows provisional work from the moment the application is admitted.
- Students can switch to residence and work in the two months before or three months after their authorisation ends or they obtain their degree.
What the Supreme Court Annulled
A Supreme Court judgment of 8 July 2026 annulled the automatic refusal for criminal records in applications by family members of Spanish citizens covered by EU law: the Administration must now assess each case individually.
Mistakes We See After the Reform
- Still applying requirements from the 2011 Regulation, such as three years for arraigo.
- Confusing ordinary arraigo with the extraordinary regularisation, which has already closed.
- Choosing a type of arraigo that does not fit your profile and losing months.
- Assuming that a record means an automatic refusal without reviewing your case.
Your neighbours were half right: the extraordinary regularisation has closed, but ordinary arraigo with two years is still open. Knowing which one applies to you, and with which documents, is what turns those years of waiting into a viable application.
Talk to a Lawyer Before You Apply
If you are not sure which route applies to you under the new Regulation, we review your situation and point you to the safest option. At MigratioLex, we review your specific case, not a generic checklist. We respond within 24 hours, in English, French or Spanish.
Book Your Initial ConsultationThis article is for informational purposes only and does not constitute legal advice. Based on Organic Law 4/2000, Royal Decree 1155/2024, Royal Decree 316/2026 of 14 April, and the Supreme Court judgment of 8 July 2026 (BOE-A-2026-19632).
