FAQ on the 2026 amnesty in Spain: how to obtain a residence permit through mass legalization

April 24, 202627 views
FAQ on the 2026 amnesty in Spain: how to obtain a residence permit through mass legalization

The amnesty procedure in Spain in 2026 raises many questions — both for those planning to submit documents independently and for specialists accompanying the process. The requirements, list of documents, and the submission procedure itself have their nuances, submission deadlines are tight, and the practice of applying new rules is still being formed.

In this article, we have compiled answers to the most frequently asked questions: from basic eligibility conditions to details of document preparation and application submission. The material will be regularly updated as official clarifications and case review practices emerge — so we recommend saving the page and returning to it.

Applicant Status

Must I renounce asylum if I receive a permit through amnesty?

Yes, this is a mandatory condition. Applicants for international protection must renounce asylum after receiving a residence permit.

Can I apply for amnesty if I received a denial of international protection?

Yes, the D-20 applicant category also includes those who applied for international protection before January 1, 2026 and received a denial.

Can a person with a valid residence permit intentionally renounce it to apply through amnesty?

Theoretically — yes, renunciación al permiso de residencia is possible. However, we do not recommend this path: renouncing a residence permit carries risks and provides no guarantees of approval through amnesty.

Can stateless persons apply for amnesty?

No. One of the requirements is having a valid passport from the country of citizenship. Stateless persons cannot use this legalization program. Other mechanisms exist for them, particularly proceso de reconocimiento de apatridia (recognition of statelessness).

Can I apply for amnesty if my current residence permit was recently revoked?

Yes, you can submit an application the day after official notification of the revocation of your current residence permit, provided you meet the main requirements of the program.

Can I apply for amnesty if we received a residence permit refusal and are in the appeals process?

No, you first need to submit an application to withdraw the appeal and wait for official notification that your application has been withdrawn. After that, you can submit documents for amnesty.

Can I apply for children under amnesty if parents applied for another type of residence in 2025 and documents are under review?

You cannot apply for children separately under the new legalization procedure. You can legalize them through the standard procedure (form EX-25). For applications submitted between April 15 and June 30, 2026, you do not need to provide a housing suitability report and proof of funds.

General Requirements

From what date should the 5-month continuous residence period be counted?

You must reside in Spain for at least 5 months as of the date of submitting your amnesty application. You must have entered the country before January 1, 2026. If you entered on December 31, 2025, you can also submit an application, but only after the 5-month period from that date has elapsed.

Can single pensioners living illegally in Spain apply for amnesty?

Yes, on the basis of "vulnerable situation" with provision of a vulnerability report. Suitable grounds: social isolation or lack of support system, lack of sufficient income, difficulties with employment (access to the labor market).

Are administrative offenses considered a criminal record?

No, administrative offenses (multas) are not considered an obstacle for application. However, it is recommended to check each specific case with a lawyer.

Documents

Will a certificate of no criminal record issued at the Russian consulate in Spain be accepted?

Yes, Russia is on the list of countries from which consular certificates of no criminal record must be accepted. Such a certificate must be additionally legalized at the Legalization Department of the Spanish Ministry of Foreign Affairs.

Where to legalize a certificate of no criminal record issued at the Russian consulate?

Such a certificate must be legalized at the Legalization Department of the Spanish Ministry of Foreign Affairs:

  1. Any person can contact the Ministry without an appointment, no power of attorney is required.

  2. The legalization procedure is performed immediately on site.

Address: Calle del General Pardiñas 55, Madrid, 28006

Opening hours: Monday–Friday, 09:00-14:00 (except holidays)

What should I do if I cannot provide a certificate of no criminal record from my country of citizenship?

If you have requested this certificate from the competent authorities of the country and have not received a response within a month, you can submit an application with a declaration of responsibility (Annexes I-1 and I-2 to the form) and a copy of your request. In this case, the Spanish Ministry of Foreign Affairs will request it independently. But it is important to keep in mind that in the absence of a diplomatic response, your application may be rejected.

What period of residence in other countries requires providing a certificate of no criminal record?

More than 6 months, everything else is considered tourist trips.

What is the validity period of a criminal record certificate for amnesty application?

At the time of application submission, the validity period of the criminal record certificate is 3 months.

Does the Declaración responsable del solicitante replace the criminal record certificate?

No. In this declaration of responsibility, you state that you have no criminal record, requested a certificate from the competent authority in your country of residence, but have not received a response within a month.

It is important to understand that this document does not confirm the absence of a criminal record for Spanish authorities. In this case, the Ministry of Foreign Affairs will request the information independently, but if there is no diplomatic response within 3 months, your application may be rejected.

What needs to be specified in the declaration of planned self-employment?

With this document, you confirm your commitment to register as autonomo in Spain. In the declaration, you need to specify the main activity code according to the classifier.

Who can issue a vulnerability report?

Municipal social services, NGOs and charitable organizations from the official registry https://www.inclusion.gob.es/documents/d/guest/entidades-colaboradoras, as well as medical centers (in case of serious illnesses)

How much does obtaining a vulnerability report cost?

Free of charge. This is a fundamentally important point: the law explicitly states that the certificate is issued without payment. Any attempts to charge a fee for obtaining it are illegal.

What if the employer signs a fictitious contract only for legalization?

This is criminally punishable for both the employer and the employee. Moreover, if after obtaining the permit it turns out that the contract was fictitious and social contributions were not paid, the permit may be revoked. The administrative authority has the right to conduct inspections.

Which documents require a sworn translation?

All official documents not in Spanish, namely:

  • Marriage certificate

  • Birth certificate

  • Consent of the second parent for the child to obtain a residence permit

  • Document of sole custody

  • Certificate of no criminal record

Which documents for amnesty require an apostille?

An apostille is placed on original documents:

  • marriage certificate

  • children's birth certificates

  • certificate of no criminal record

According to a bilateral agreement between Spain and Russia, certificates issued by the Russian ZAGS are recognized in Spain without the need for apostille. However, in practice, regional extranjería offices often request it, so we recommend submitting these documents with an apostille.

What are the technical requirements for uploading documents?
  • The total size of all uploaded files must not exceed 15 MB, and the maximum size of one file cannot be more than 6 MB

  • Provide clear scans of documents of good quality

  • Format of uploaded documents: pdf, jpg, tif, gif

  • Scans of pages of one document must be combined into one file (for example, all passport pages in one pdf file)

Submission Procedure

At which offices can I submit amnesty documents in person?

From the official registry: https://www.inclusion.gob.es/documents/d/guest/entidades-colaboradoras. In each province, there are several organizations authorized to accept amnesty documents. Documents are accepted by prior appointment.

How to get an appointment for in-person submission?

On the administration portal: https://sede.administracionespublicas.gob.es/pagina/index/directorio/icpplus. You need to log in with Cl@ve or Certificado digital and select the procedure type REGULARIZACIÓN.

Can another person get an appointment for in-person submission for me?

Yes, if they have Cl@ve or Certificado digital, they can schedule an appointment for you.

I have Cl@ve but no digital certificate. Can I submit documents online?

No, online document submission is done through the Mercurio platform only with Certificado digital (ACCV or FNMT). If you don't have one, you can submit documents through a representative (lawyer or gestor) who has a digital signature and the right to submit residence permit documents in Spain.

I don't have an NIE, can I submit documents online?

No, online submission is only possible with Certificado digital, which requires an NIE number to obtain. If you don't have one, online submission is only possible through a representative (lawyer or gestor with a digital signature).

I don't have an NIE, how can I pay the fee?

There are 2 options here:

  1. You can submit documents without paying the fee. After submission, you will receive a notification about the assignment of an NIE and the need to pay the fee. You are given 10 days to pay the fee, after which the receipt must be uploaded to the case (the receipt must indicate your case number).

  2. The receipt can be paid for you by any other person who has an electronic signature (Certificado digital). In this case, the receipt must have a mark indicating that the fee is being paid on behalf of another person ("Pago en representación de otra persona")

Share: