Arraigo Spain 2026: New Rules Under RD 316/2026 (Step-by-Step)

Spain has enacted one of the most significant immigration reforms in years. Royal Decree 316/2026, of 14 April, published in the BOE on 15 April 2026 and in force since 16 April 2026, amends the Immigration Regulations (Reglamento de Extranjería, RD 1155/2024) to create two new extraordinary residence pathways for undocumented immigrants already living in Spain.

The reform directly impacts thousands of foreign nationals on the Costa Blanca and across Spain who have been living without legal status.

The Two New Arraigo Pathways

1. Arraigo for International Protection Applicants (New DA 20ª)

This pathway is available to foreign nationals who submitted an international protection application before 1 January 2026. Applications can be filed until 30 June 2026.

Key requirements:
- Be of legal age
- Be physically present in Spain at the time of application
- Not hold any current residence or stay authorisation
- Have resided in Spain continuously for the 5 months preceding the application
- No criminal record in Spain or in countries of residence during the last 5 years
- Not represent a threat to public order, security or health

Crucial benefit: From the moment the application is formally acknowledged as being processed, the applicant is provisionally authorised to reside and work (employed or self-employed) throughout Spain, in any sector. The maximum processing time is 3 months (negative silence applies). If approved, the applicant must withdraw their international protection application.

The authorisation lasts one year and is treated as a temporary residence permit for exceptional circumstances (social arraigo).

2. Extraordinary Arraigo (New DA 21ª)

This pathway targets foreign nationals who were in Spain before 1 January 2026, regardless of whether they applied for international protection. Applications are also open until 30 June 2026.

Additional requirements (must meet at least one):
- Employment evidence: Having worked or demonstrating genuine intent to work
- Family unit: Living in Spain with minor children, adult children with disabilities requiring support, or first-degree ascendants
- Vulnerability: Certified by competent authorities or Third Sector organisations registered in the Electronic Register of Immigration Collaborators

The same provisional work authorisation applies from the start of processing. The permit lasts one year with the possibility of extension.