Spain's new Immigration Regulation 2025–2026: what changes for Latin Americans

Royal Decree 1155/2024 of 19 November, published in the BOE on 20 November 2024, entered into force six months later: 20 May 2025. By June 2026 it has been running for over a year, yet we still see Latin American families filing under the old logic of RD 557/2011. The result is avoidable denials.

This is our operational summary — what we see at Málaga's immigration office, at the Subdelegación del Gobierno, and what we recommend to anyone coming to an immigration consultation with AEM.

The five types of arraigo

There used to be three: social, work-based, family. Now there are five separate figures, each with its own requirements:

The second-chance arraigo is the most discussed: it rescues people who held residence and lost it for not renewing in time. If it expired within the last two years, this route restores regularity without restarting.

From three years to two — why it matters

The old regulation required three years of continued stay for arraigo social. The new one drops it to two. Many people who arrived in 2024 are eligible in mid-2026 without waiting longer.

Time is proved by anything that shows physical presence: padrón certificates, healthcare visits, kids' school enrolment, contracts, invoices, transfers, transport passes, medical certificates. One source is never enough — the office cross-checks.

From tourist visa to arraigo: 90 days, then no status

Schengen visas allow 90 days in 180. After that, presence becomes irregular. The new regulation offers a clear path: register on the padrón on day one (Spain's 2013 law allows it without a rental contract via sworn declaration) and start building proof of arraigo from minute one. The bottleneck is usually the town hall appointment, and that is one we find and book for you.

Wider family reunification for children in training

Children can now be reunited up to age 26 if they are in regulated training or economically dependent. Previously, the cut-off was 18 with narrow exceptions. A major change for families with university-age kids in Latin America.

• Children under 21: no extra condition.
• Children 21–26: must prove economic dependency or active studies.
• Ascendants from 65 years old, with motivated grounds for residence in Spain.

Mistakes we keep seeing in 2026

1. Mixing old and new requirements — especially income documentation under updated IPREM criteria.
2. Requesting arraigo formativo with a non-recognised course. Check the SEPE or Ministry of Education catalogue before enrolling.
3. Letting the padrón lapse. It expires every two years for non-EU citizens. Missed renewal breaks continuity proof.
4. Mixing up arraigo social and socio-labour. The first needs the town hall's integration report; the second doesn't, but needs current employment or work life.
5. Showing up to the appointment without apostilles. Latin American documents need The Hague Apostille and, depending on country, sworn translation. If yours are Argentine, we apostille them without you flying back.

And the 2026 extraordinary regularisation

What we informally call "2026 regularisation" is not a separate law: it's the combination of the new second-chance arraigo, the lighter hour threshold of arraigo socio-labour, and broader documentary criteria. The real window for people long irregular is now.

The 2026 extraordinary procedure also had its own window, now closed. If you filed, what matters now is tracking your file: we break it down step by step in how to check your regularization status and when the TIE arrives. And to see which figure fits you, there's the residency quiz.