Country Update 2026: SPAIN

Contributed by: Andrés de Ceballos Cabrillo and Viviana Echeverría Pascual

May 2026

1. Legislative changes

The Foreigners’ Regulation has been amended as follows by RD 316/2026 of 14 April:

• The possibility for relatives of Spanish nationals to submit applications within the national territory.

• In cases of applications for ‘arraigo’ (rooting), a provisional residence and work permit shall be granted from the time of application until the decision is made.

• The requirement not to be registered with employment agencies in the case of a second-chance renewal of a residence permit on grounds of ties to the country.

• The deadline for deciding on residence permits for unaccompanied minors shall be one month.

• The submission of an application for renewal on the grounds of studies shall extend the validity of the previous authorisation until notification of the decision on such application.

• Two additional provisions establish two types of extraordinary regularisation:

  • Regularisation for foreign nationals who, prior to 1 January 2026, had applied for international protection in Spain.

  • Regularisation for foreign nationals who were present in Spain before 1 January 2026, and who:

a)     have worked or demonstrates an intention to work; or

b)     reside in Spain as part of a family unit comprising minor or adult children with a disability requiring support, or first-degree relatives living in the same household; or

c)     are in a situation of vulnerability, as certified by social services or third-sector organisations authorised for that purpose.

All applicants must be present in Spain at the time of submitting the application, must not hold a stay or residence permit nor be subject to proceedings concerning such permits, must have resided continuously in Spain during the previous five months, must have no criminal record in accordance with the terms set out in the Regulation, and must not pose a threat to public order, public safety or public health.

The authorisation shall be valid for one year, with the possibility of extension in certain cases; and may be renewed into an authorisation of four years in accordance with the general provisions governing residence permits. 

2. Business Immigration

It should be recalled that, as from 3 April 2025, certain provisions were repealed.

EU Blue Card: introduction of an official salary threshold

On 30 January 2026, Spain introduced, for the first time, an official minimum salary threshold for EU Blue Card applications under Law 14/2013.

The general rule is that the salary must be at least 1.4 times the average gross annual salary published by the Spanish National Statistics Institute (INE).

In certain cases, the threshold may be reduced, in particular in respect of shortage occupations or recently qualified professionals.

This reform aligns Spanish legislation with Directive (EU) 2021/1883 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment.

Practical amendments concerning High Qualified Professional permits

Management Criteria 1/2025 introduced a number of practical amendments regarding Highly Qualified Professional permits:

• It is no longer permitted to switch from an HQP permit to the general immigration regime while continuing to work for the same employer or corporate group.

• Where the employment relationship is terminated, the holder shall have three months to change their immigration status.

• In cases of part-time employment situations, the full minimum salary threshold applicable to HQP permits shall nevertheless be met.

3. Family based immigration.

See section 1 above.

4. Asylum

Humanitarian residence status for asylum seekers of Venezuela will be discontinued as from 12 June, relying on the alleged impossibility of continuing to process such cases through the Asylum Office in light of the European Pact on Migration and Asylum.

Temporary protection holders have been authorised to modify their residence status to a regular residence permit in Spain, provided that it is one of those that can be applied for from within Spanish territory.

No other amendments have been introduced, and no implementing legislation or protocols have been published to date, so the manner in which the Pact will be implemented in Spain remains unclear.

4. Deportation

There have been no changes in this area. The new regulations reproduce verbatim the provisions of the previous regulations concerning sanctions.

5. Citizenship

The effects of the Law on Democratic Memory continue to be observed. According to the most recent figures published in April 2026, approximately 2.4 million persons have applied for Spanish nationality. As of 31 March 2026, 545,000 applications had been approved and 306,500 entries had been made in the Civil Register.