Regularisation of Immigrants in Spain 2026: Obtaining Criminal Records
The regularisation of immigrants in Spain 2026 will allow thousands of foreign people in Spain to obtain a residence and work permit.
In cities such as Barcelona, where the foreign population is large and diverse, there are increasingly more people who need to process criminal record certificates from their country without being able to travel. In these cases, the most practical and secure legal route is to grant a special power of attorney to authorise a trusted family member or representative to manage the document. This power of attorney, together with its corresponding Hague Apostille, allows the certificate to have full validity before the Spanish authorities.
What is the extraordinary regularisation 2026 and why does it affect thousands of foreign people in Spain?
The latest regularisation of immigrants in Spain, scheduled for 2026, will be one of the most significant administrative processes in the coming months regarding immigration. The Government has announced, through a Royal Decree, an exceptional procedure with defined deadlines and clear requirements, aimed at regularising the administrative status of foreign individuals who already reside in Spain and are active members of our society.
This is not an automatic amnesty nor an informal procedure. The objective is to provide legal certainty to real situations, allowing those who meet the requirements to obtain a residence and work permit, and subsequently integrate into the ordinary regime of the Immigration Regulations.
In cities such as Barcelona, where there is a high concentration of foreign population from countries such as Pakistan, Morocco, Colombia, Venezuela, Senegal, India or various States of the European Union, this process is generating a very significant increase in notarial procedures linked to obtaining documentation from the country of origin.
What does the Royal Decree require? Deadlines and requirements for the regularisation of immigrants:
The regulatory framework sets three requirements for the regularisation of essential immigrants that condition the entire file.
Minimum stay and cut-off date
It will be necessary to prove a continuous stay in Spain of at least five months at the time of the application, as well as having resided in Spanish territory before 31 December 2025. In certain cases, such as applicants for international protection, it will be sufficient that the application was submitted before that date.
Absence of criminal record: the key document of the file
One of the essential requirements is to have no criminal record. In practice, this means providing a criminal record certificate from the country of origin, correctly issued and with full legal validity in Spain. This document has become one of the most critical points of the regularisation procedure.
Applications can presumably be submitted from April 2026, and the deadline will be 30 June 2026, making it essential to prepare the documentation well in advance.
Why do Extranjería and Nationality require criminal records from the country of origin?
The criminal record certificate is not a mere formal procedure. Its purpose is to certify the previous civic conduct of the applicant and it constitutes a determining element in various administrative procedures.
Social or work-based residency
In social or labour arraigo procedures, the Oficina de Extranjería requires proof that the applicant has not had a criminal record in their country of origin during the last five years. The absence of this document, or its incorrect submission, usually leads to requests for further information or even to the denial of the application.
Spanish nationality by residence
In the files of Spanish nationality, the criminal record certificate from the country of origin is an essential and non-correctable requirement. Even if the rest of the conditions are met, without this document the procedure cannot be resolved favourably.
Family reunification and other cases
In certain family reunification procedures, renewals or modifications of authorisations, the Administration may also require this certificate, especially when there are prolonged periods of prior residence outside Spain. Do not forget to consult more information about this in our notary service for family reunification or in the following article.
Power of attorney to request criminal records abroad: what it is and how to prepare it at a notary?
Many foreign people residing in Spain cannot travel to their country of origin solely to request an official certificate. In these cases, the legal system offers a clear and secure solution: the special notarial power of attorney.
Why is it necessary when you cannot travel?
By means of this power of attorney, the interested person authorises a family member, lawyer or other trusted person in their country of origin to request, process and collect the criminal record certificate on their behalf before the competent authorities.
It is important to emphasise that this is a special power of attorney, limited exclusively to this specific procedure. It does not allow other transactions to be carried out or assets to be disposed of, which provides peace of mind and security to the grantor.
Necessary documentation to sign the power of attorney to request criminal records abroad in Barcelona
For the power of attorney to be effective and not rejected in the destination country, the identification must be especially rigorous.
Identification of the grantor
It will be necessary to provide:
- Original valid passport.
- NIE or TIE, if available.
- National document from the country of origin.
In many countries, such as Pakistan, Morocco or some Hispanic American states, it is essential that the corresponding national identity number is included. The omission of this data is usually a cause for rejection of the procedure at origin.
Details of the attorney-in-fact in the country of origin
They must clearly include:
- Full name and surnames.
- Identity document or passport.
- Address.
What must the power of attorney include so that it is not rejected?
Clearly defined scope of the power of attorney
The power of attorney must expressly specify that it is granted to request, process and collect the criminal or police record certificate before the competent administrative or police authorities of the country of origin.
Relevant national identifiers
In many States, the correct inclusion of national identity numbers or personal codes is crucial for the application to be processed without issues.
Apostilling the power of attorney: a general requirement for international validity
For a power of attorney granted in Spain to have legal effects abroad, it is generally necessary for the document to include the Hague Apostille, provided that the destination country is a party to the Convention.
The apostille is an official seal that certifies the authenticity of the Notary's signature and the public document, allowing its automatic recognition in other signatory States, without the need for additional legalisations before ministries or consulates.
In practice, many rejections of powers of attorney abroad are due to the lack of an apostille or the mistaken belief that it is no longer necessary. Correctly apostilling the power of attorney avoids delays, reshipments, and unnecessary costs.
The apostille is placed on the authorised copy of the power of attorney at the Notarial College of Catalonia, on Notariado Street, in Ciutat Vella. Without this procedure, the document will be rejected by the authorities of the destination country.
From the power of attorney signed at the notary to the certificate in the country of origin and its use in Spain
Once the power of attorney has been granted and the apostille completed, the procedure continues outside Spain. Although each country has administrative particularities, the structure of the process is common.
Sending the document to the country of origin
The apostilled power of attorney must be sent in its original physical format to the country of origin, usually by secure international courier. Foreign authorities usually require the original document, so scanned copies are not sufficient.
Processing of the certificate by the proxy
With the power in their possession, the authorised person may go to the competent authority of the country of origin — police, interior ministries or authorised administrative centres — to request the criminal record certificate.
In countries such as Pakistan, Morocco, Colombia, Venezuela or Senegal, correct identification through national documents is key. In other States, the procedure is more digitalised, but equally requires clear and valid representation.
Obtaining the certificate and return to Spain
Once the certificate has been issued, it must be sent again to Spain. If the document is not written in Spanish, an official sworn translation will be required for submission to the Foreigners' Office or in a Spanish nationality application.
It should be noted that these certificates have a limited validity, usually three or six months, so coordinating the timing is essential.
How can we help you with immigration regularisation processes in Barcelona?
At JLA Notarios, with a notarial office in Barcelona, we regularly assist foreign individuals in regularisation, residency and nationality processes, offering a clear, approachable and legally secure approach.
- Service in Spanish and English: We provide assistance both in Spanish and English, which facilitates the understanding of the procedure for foreign individuals and reduces errors arising from language barriers, especially in the preparation of powers of attorney and international documentation.
- Properly drafted powers of attorney and, when appropriate, bilingual: The precise drafting of the power of attorney, sometimes in Spanish–English bilingual format, allows the procedure to be expedited in the country of origin and avoids unnecessary translations or rejections due to formal defects.
- Guidance on apostille and subsequent procedures: In addition to the signing of the power of attorney, we provide guidance on the apostille, shipping logistics and subsequent steps, avoiding delays and repetition of procedures.
Other common notarial procedures in these processes are:
In many cases, these files subsequently lead to:
- Oath of Spanish nationality before a notary.
- Statements to prove cohabitation or family reunification.
- Certified copies of passports and documents.
- Powers of attorney for litigation in administrative or judicial proceedings.
Our aim is that the notary is not just a place where a document is signed, but a point of support and legal security at a key moment for the interested person. We hope to help you thanks to this article about the latest regularisation of immigrants in Spain 2026. You can contact us via Whatsapp, email or through our contact form.
Frequently asked questions about the extraordinary regularisation 2026, criminal records and powers of attorney
According to official information, applications may be submitted from April 2026 and the deadline will be until 30 June 2026. It is a limited period, so it is advisable to prepare the documentation in advance.
Yes. Having no criminal record is one of the essential requirements of the process. To prove it, the Administration requires an official criminal record certificate from the country of origin, correctly issued and legally valid in Spain.
This certificate is required, among other cases, in:
- Extraordinary regularisation 2026.
- Social or labour rooting.
- Spanish nationality by residence.
In some cases, family reunification or modifications of authorisations.
If you cannot travel, you can grant a special power of attorney before a Notary in Spain so that a trusted person can request the certificate on your behalf in the country of origin. It is a legal, safe, and widely used solution.
You will usually need to provide:
- Valid original passport.
- NIE or TIE, if you have one.
- National document from the country of origin, including the national identity number when required.
- Full details of the person who will act as attorney in the country of origin.
As a general rule, yes. For a power of attorney granted in Spain to be valid in another country that is a signatory to the Hague Convention, it must bear the Hague Apostille. Without it, foreign authorities usually reject the document.
It depends on the country, but normally criminal record certificates expire after three or six months from their issuance. Therefore, it is important to coordinate well the timing of obtaining, translating, and submitting them.
Yes, as long as the certificate is not written in Spanish. To submit it to the Foreigners Office or in a Spanish nationality application, an official sworn translation carried out by a translator authorised in Spain is required.
Yes. In many cases it is advisable to grant a Spanish–English bilingual power of attorney, which facilitates its understanding by the authorities of the country of origin and avoids additional translations at the destination.
Yes. At JLA Notarios, in Barcelona, we assist both in Spanish and English, which greatly facilitates the understanding of the procedure for foreign people and reduces errors due to language barriers.
Because the deadlines of the process are limited and many documents expire in a few months. Properly preparing the power of attorney, the apostille and the logistics avoids delays, requirements and the risk that the file cannot be submitted on time.
