Arraigo in Process and Regularization 2026: What You Need to Know

If you have a residence permit in process and regularization 2026 it raises doubts, this guide resolves exactly what you should do regarding the Regularization 2026. The most frequent question is: Do I submit a new regularization application, or does my residency permit already cover me? The answer depends on when you submitted the residency permit and under what regulations, and in many cases, the answer is that you don't need to do anything additional.

Rooting in progress and regularization 2026: what happens to your file

This is especially relevant for those who wish to advance in their process of Regularization 2026 and understand the benefits of the new regime.

Royal Decree 316/2026 includes a transitional provision that establishes a specific regime for arraigos already filed before its entry into force. In general terms: If you have a residency permit in process, your file will automatically benefit from the new simplified requirements.

The two assumptions of the transitional regime

Assumption 1 - Rooting filed under Transitional Provision 5

If you submitted a social, socio-labor, socio-educational, or second chance arraigo under the shelter of the Transitory Provision 5 of RD 1155/2024, Your file benefits from the transitional regime with the simplified requirements of the new Royal Decree.

The requirements that remain are the essential ones: being in Spain before January 1, 2026, not having a criminal record, and not having another application in progress. The more demanding requirements of ordinary residency are eliminated.

Assumption 2 – Residency filed since May 2025

If you submitted an application for residency since May 20, 2025 under Title VII of Royal Decree 1155/2024, you also benefit from the transitional regime with simplified requirements.

Assumption 3 — Landed Property acquired before May 2025 under previous regulations

If your settlement was filed before May 20, 2025, under different regulations, is not automatically benefited by the transitional regime. Your request will be resolved according to the original requirements of the residency you requested.

In this case, consult with a lawyer to see if it might be in your best interest to withdraw your roots and file a new extraordinary regularization application before June 30, 2026.

What NOT to do if you have residency pending

The special case of humanitarian grounds for residency

If your residency is pending due to humanitarian reasons, this scenario is excluded from the transitional regime. In this case, you can—and should—consider taking advantage of the extraordinary regularization if you meet the general requirements.

What if my residency was denied?

If your residency was denied before the entry into force of Royal Decree 316/2026, extraordinary regularization may be a valid alternative. You must meet the general requirements plus at least one of the three pathways (labor, family, or vulnerability).

However, if the denial of your residency permit was due to a criminal record, keep in mind that the extraordinary regularization process also requires not having a criminal record. Consult with a lawyer to assess your options.

Expungeable criminal records — act now

If you have a criminal record cancellable In Spain, the time to request the cancellation is now, before your residence permit resolution is notified. Cancellable antecedents are not taken into consideration once the cancellation has been requested.

Frequently Asked Questions

Do I have to make a new appointment if I have a pending residency application?

No. If your residency benefits from the transitional regime, you do not need to do anything additional. Your application will be resolved favorably with simplified requirements.

How long does it take for a residence permit to be resolved under the transitional regime?

The Administration has a maximum of 3 months to resolve. With the transitional regime, preferential processing is expected, although the exact timelines will depend on the volume of cases.

Can I work while waiting for my arraigo to be resolved?

With the transitional regime, from the moment your application is admitted for processing, you are provisionally authorized to reside and work in Spain.

Source: Royal Decree 316/2026, second transitional provision. Official State Gazette April 15, 2026.