Spain is facing new legal concerns over its plan to grant residency to around 500,000 undocumented migrants, after the Council of State flagged key gaps in the proposal.
The advisory body raised concerns about background checks, warning against allowing migrants to submit self-declared criminal records when official documents from their home countries are unavailable. It urged the government to introduce stricter verification measures to avoid potential risks.
The plan, expected to open for applications later this month, aims to provide a three-year work and residence permit to eligible migrants. These include individuals who applied for asylum before December 31, 2025, or those who can prove strong social ties, known as “arraigo,” within Spain.
While the Council of State supported the humanitarian goal of the initiative, it called for clearer definitions, especially around what qualifies as “vulnerability.” It also stressed the need to ensure that beneficiaries are not already holding another legal status, such as international protection.
Another major concern is the capacity of immigration offices to handle the expected surge in applications. Experts estimate that staffing levels may need to increase significantly to meet the six-month processing deadline set by the government.
The Spanish government has acknowledged the feedback and promised to make technical adjustments before the proposal is finalized. Additional funding and improved digital systems are expected to be introduced to support the process.
If approved, this would become Spain’s largest regularisation programme to date and the sixth of its kind since 1986. The initiative is also expected to be highly digital, with applications, biometric appointments, and documentation handled through an online platform.
For businesses, the plan could open up access to a larger legal workforce, especially in sectors facing labour shortages such as hospitality, logistics, and elderly care. However, employers are advised to closely monitor the final rules to avoid compliance issues.
The move highlights ongoing efforts across Europe to balance migration control with labour needs and humanitarian considerations.