Proof of clean criminal record to be required in Spain's migrant regularisation plan

The Spanish cabinet gave their final approval on Tuesday to the royal decree that will allow the regularisation of migrants in an irregular situation.

The application period will open on Thursday, April 16, for online submission, although in-person assistance will not begin until April 20.

The regularisation, which will grant the right to work for one year, is aimed at individuals in an irregular situation as well as applicants for international protection (asylum seekers) who have been in Spain since before January 1, 2026.

As the government noted, it will be an "essential requirement" to have no criminal record and not pose a threat to public order, public safety or public health.

As migration minister Elma Saiz emphasised on Tuesday, the aim is for the procedure to be "swift, effective and without obstacles" and to process all applications submitted by June 30.

October deadline for criminal record certificates

Applicants who encounter difficulties obtaining criminal record certificates in their country of origin will be able to extend the processing of their regularisation applications until October.

According to sources from the Spanish government cited, the text approved by the cabinet provides for a one-month period to submit criminal record documentation.

However, if the documents have not been obtained by the end of that period, a diplomatic channel assisted by the government will be activated.

If this also proves unsuccessful, applicants will be granted an additional 15 days to obtain the documents on their own.

Taken together, these extensions push the effective deadline – formally set at June 30 – into mid-October.

Proof of clean criminal record

Earlier on Tuesday, it was reported that the Spanish government would introduce changes to the royal decree on the regularisation of migrants.

The modifications largely incorporate adjustments requested by the Council of State.

Government sources told the Catalan News Agency (ACN) applicants will be required to prove they have no criminal record.

Officials stressed that this has always been a requirement under Spain's immigration law.

The regularisation plan has faced political opposition from the conservative People's Party (PP).

"Demographic winter"

Spanish Prime Minister Pedro Sánchez defended the policy on Tuesday and reminded critics that it has the backing of several sectors, including employers' associations and the Catholic Church.

Speaking at a press conference in Beijing, he said: "What we are doing is recognising the rights of citizens who are already in our country."

Sánchez said the policy is necessary at a time of what he described as a "demographic winter," adding that it is aimed at supporting pensions and economic growth.

"We are doing something that is good for our country, because recognising rights is good and above all because migration is contributing very decisively to economic growth, job creation and also to having Social Security accounts as sound as possible," Sánchez said.

He also recalled that the conservative government of José María Aznar regularised around half a million undocumented migrants in the early 2000s.

PP "absolutely against"

PP leader Alberto Núñez Feijóo insisted on Tuesday that his party is "absolutely against" the migrant regularisation plan.

"It is inhuman, unjust, unsafe and unsustainable," Feijóo said.

Podcast

Around half a million undocumented migrants, including up to 150,000 in Catalonia, are set to benefit from the extraordinary regularisation announced by the Spanish government.

But why now? And how will it actually work? Watch the podcast to find out.

 

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