A new legal framework
Royal Decree 316/2026 of 14 April (published in the BOE on 15 April and in force since 16 April 2026) introduces an extraordinary regularisation within the Immigration Regulations, through two new additional provisions. The relevant one here is the twenty-first additional provision, which allows applications for a residence permit on exceptional grounds (“extraordinary arraigo”) to be filed until 30 June 2026.
Who this route is for
The fit for certain British nationals is particularly clear. We are referring to those who were de facto residing in Spain before 31 December 2020 but failed to document their situation under the Withdrawal Agreement, usually because at the time they did not meet the requirements of EU law, such as healthcare cover or proof of sufficient economic means. For this group, left outside the Withdrawal Agreement route and with no realistic access to the general regime, this regularisation is, in practice, the first viable way in.
The requirements
The procedure rests on a handful of requirements which need to be addressed together.
Identification
Identification is straightforward: a full passport, valid or expired, is enough. Regular entry and prior visa are not required.
Proof of residence
Residence in Spain is the core of the file and demands two distinct pieces of evidence: presence in Spain before 1 January 2026, and uninterrupted residence during the five months immediately preceding the application. Any means of proof valid in law is admitted, but in practice the authorities look for documentary consistency: historical padrón certificates, the title deed or tenancy agreement, IBI receipts, utility bills in the applicant’s name, bank statements, medical records. Padrón registration alone is not enough.
Criminal record and clearing other procedures
Two general requirements deserve particular attention. The first is the criminal record certificate from the United Kingdom (ACRO), which must be apostilled and translated; obtaining it can take several weeks, so it is sensible to start early. The second is the absence of other ongoing immigration procedures: among British applicants it is common to find pending or appealed applications under the Withdrawal Agreement, and these must be withdrawn before filing, since their mere existence blocks access to this route.
Alternative grounds
Applicants must also satisfy at least one of three alternative grounds: a working connection (either having worked in Spain or showing the intention to do so, whether through a job offer or a self-employment declaration), a family connection (living in Spain with minor children, dependent adults or direct first-degree ascendants), or a situation of social vulnerability certified by the competent authority or an authorised third-sector entity.
The application process
The application can be filed online or in person. From admission to processing, the applicant is provisionally authorised to work, which is a significant advantage compared with other immigration routes. The resolution period is three months, after which silence is deemed a refusal. The authorisation is valid for one year and, before its expiry, must be converted to the ordinary regime. It is a way into the system, not a permanent solution.
Preparation makes the difference
In practice, the difference between a viable and an unviable file lies in the preparation. For British nationals in this situation, the issue is rarely the legal fit; it is the evidence: properly documenting residence, securing the criminal record certificate in good time, and checking that no other proceedings are open.
Tax implications
It is also worth bearing in mind that regularisation can have significant tax implications. A change of administrative status, together with continuous legal residence in Spain, affects tax residence and, with it, the obligation to declare worldwide income, the reporting obligation on overseas assets (old Form 720) and other information obligations. Before filing the application, applicants should discuss this with a tax adviser.
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