If the country of origin takes more than a month to provide the applicant’s criminal record, one of the concerns of citizens from the Island, the Spanish authorities will obtain it through diplomatic channels

14ymedio, Madrid, April 15, 2026 / Tens of thousands of Cubans may benefit from the extraordinary regularization of immigrants who were living in Spain at the beginning of this year, a figure that is around 840,000. The measure, approved this Tuesday by the Government and entering into force on Thursday, April 16, will allow nearly half a million people to obtain the rights and obligations associated with temporary residence, including working, contributing to social security, and paying taxes.
It is estimated that the number of Cubans in an irregular situation in Spain is about 16,000, while 72,270 have legal or “quasi-legal” residence, which includes a large number of asylum seekers. There are currently between 45,000 and 55,000 asylum applications from Cuban citizens in process or accumulated without resolution, a wide range calculated from those already registered as such (and who have a red card) and those who only have a prior appointment. This is one of the reasons cited by Pedro Sánchez’s Government to support the reform: to provide a solution for hundreds of thousands of people who have been living in the country for months and years without rights and obligations due to administrative reasons and bureaucratic delays.
There are two new pathways for regularization: one for asylum seekers who applied for international protection before January 1, 2026 and have not yet received a response; and another for those who were residing in the country without any type of permit as of that date.
There are currently between 45,000 and 55,000 asylum applications from Cuban citizens in process or accumulated without resolution, a wide range calculated from those already registered as such (and who have a red card) and those who only have a prior appointment
In the case of the first group, the main requirement is to be of legal age and to have been in Spain continuously for at least five months prior to the application, which can be proven by any document containing the applicant’s personal data. To apply, they must provide their passport, pay the corresponding fee (38.28 euros), and have no criminal record. This is one of the points that most concerned Cubans — and other foreigners — for various reasons, including the traditional delays of the Cuban Government in continue reading
During the processing of the regulation, it was speculated that a sworn statement would replace the need to provide such records, but an opinion from the Council of State advised against it, so the situation has been resolved in an intermediate way. The applicant must request the certificate from the country of origin and be able to prove that they have done so, but if they do not receive it within a month, there is an alternative. They can submit proof of the request and a sworn statement, as well as authorize Spain to carry out the process through diplomatic channels.
If a person chooses this pathway, which is contained in Additional Provision 20, settlement for asylum seekers, it is mandatory to formally withdraw the asylum application. In return, immediate work authorization is granted, unlike the previous procedure, which required waiting six months without a response (a deadline almost always reached due to the volume of cases) to obtain permission for self-employment or employment by others. This authorization lasts one year, after which the applicant can apply for ordinary residence.
The other pathway — Additional Provision 21, extraordinary settlement — is very similar, although it is more universal in nature and is intended for those who arrived in Spain irregularly without having requested international protection. The measure also applies to those who were in the country before January 1, 2026, have been there for five months at the time of application, have no criminal record with the same rules applying if the country of origin does not provide it within a month, and are of legal age. In addition, they must demonstrate one of the three situations specified by law.
The other pathway, Additional Provision 21, extraordinary settlement, is very similar, although it is more universal in nature and is intended for those who arrived in Spain irregularly without having requested international protection
One is having worked in Spain, having a job offer or a self-employment project, which must be declared in a specific document. Another is having minor children, adult children with disabilities, or dependent parents. The last is proof of vulnerability through a report from social services or authorized private organizations of the same type.
In this case, immediate authorization to work is also granted from the start of the process for a period of one year, after which it must be converted into ordinary residence. If no response is received within three months, the application is considered denied.
A point of common interest for both pathways is that applications can be submitted simultaneously, so that in a family, all members — spouse, partner, and cohabiting children of an applicant — can submit their applications at the same time and must receive a response simultaneously.
The regulation also specifies what can be done if ordinary residence is not obtained within a year, for example in the absence of a work contract. Affected individuals may request a one-year extension if they can prove they are actively seeking employment through registration with the state public employment service, or submit a report demonstrating integration efforts, a document prepared by authorized regional bodies in which knowledge of official languages will be taken into account. For more serious cases, such as if the applicant becomes seriously ill, acquires a disability, or reaches retirement age, there will be extraordinary extensions of four years.
The Royal Decree was published this Wednesday in the Official State Gazette, which means it comes into force this Thursday. From that day, applicants can request an appointment online to begin the process, the most recommended option, although it can also be done at post offices, Social Security offices, and immigration offices to be designated.
The deadline ends on June 30, and some organizations have expressed concern to the press about the fact that the documents are not yet available on the website. “We spend the whole day checking the ministry’s website to see if the forms we will have to fill out are being published,” Mónica López, general director of the Spanish Commission for Refugee Aid (CEAR), told El País.
The measure has sparked broad debate in Spain, as it is opposed by the main opposition parties (PP, Vox, and the Catalan nationalist party Junts), which asked for it to be halted in Congress. The rest of the parties support the measure, including the Basque regionalist right, which, although it has described it as “opportunistic,” believes it will facilitate the labor integration of hundreds of thousands of workers who are currently in the informal economy.
Translated by Regina Anavy
______________________
COLLABORATE WITH OUR WORK: The 14ymedio team is committed to practicing serious journalism that reflects Cuba’s reality in all its depth. Thank you for joining us on this long journey. We invite you to continue supporting us by becoming a member of 14ymedio now. Together we can continue transforming journalism in Cuba.





















