Spain's 2026 regularization scheme grants eligible migrants legal residence and work rights in Spain, along with access to the Spanish healthcare system, but it does not automatically allow them to live or work in other EU countries, where any longer-term stay could require separate national authorization. Here’s what to know about how the measure works and what it does -- and doesn’t -- offer.
Spain’s decision to regularize hundreds of thousands of undocumented migrants has prompted discussion across European Union member states about what rights are granted under the scheme and whether it has implications beyond Spain’s borders. The policy provides legal residence and work permits within Spain, but does not create an EU-wide immigration status.
Far-right politicians have thrown into questions the difference between residence rights granted at national level and the rules governing short-term movement within Europe's Schengen area.
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Rights limited to Spain, with 90 days travel over 180-day period
Under Spain’s 2026 regularization program, eligible migrants receive a temporary residence and work permit valid for use within Spain. This allows them to live legally in the country and work in any sector, as well as register for social security. However, the permit does not grant the right to live or work in other EU member states. Although Spain is part of the Schengen area, which allows passport-free travel between participating countries, that system applies to short-term movement only and does not replace national immigration rules.
Beneficiaries may travel within the Schengen zone for up to 90 days within a 180-day period, but any longer-term stay, employment, or relocation in another country requires authorisation under that country’s own immigration system. This has raised concerns among some policymakers that migrants may overstay the 90-day travel limit permitted within other European countries.
Healthcare access limited within Spain
Once granted legal status, migrants are also integrated into the Spanish social security system and can access public medical services on the same basis as other legal residents. This includes the ability to register with the public health system, obtain a social security number, and receive treatment in public hospitals and clinics.
Healthcare rights, however, are limited to Spain. If a beneficiary travels to another EU country, they do not automatically become part of that country’s healthcare system. Treatment abroad may be billed back to Spain or paid for privately, depending on the circumstances. Regularized migrants therefore, would not have to travel to another country to receive healthcare.
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Why concerns have emerged in parts of Europe
The policy has raised concerns among some EU governments about possible indirect effects within the Schengen area. Concerns over “secondary movement,” the possibility that migrants who obtain legal status in one member state may attempt to move to others, even though they do not have residence there.
Among the critics is Finland’s Interior Minister, Mari Rantanen, who has questioned whether divergent national approaches to regularization are compatible with the functioning of the EU's Schengen system.
She has argued that migration policy cannot be managed through solidarity alone, and has suggested that differences in national policy approaches may create pressure on shared border arrangements. Her comments reflect concerns among some member states about maintaining consistency in migration and asylum rules across the EU.
Concerns across various corners of the EU relate to the perception of migration policy more broadly. Some governments argue that large-scale regularization programs may be seen as signalling that undocumented life in Europe can eventually lead to regularization, which could influence migration patterns and create push factors.
Spain’s government says the regularization program is intended to address labor shortages and demographic pressures linked to an ageing population, particularly in care work. Vital sectors such as agriculture, tourism and services, where many migrants, including undocumented workers from Latin America and Africa (in particular Venezuela, Colombia and Morocco), are already employed, are expected to benefit from bringing this workforce into the formal economy. Many of those eligible have long been living and working in Spain, with established community, family, and linguistic ties to the country, and have less incentive to relocate to another European country, and more so one that is not Spanish-speaking.
Other similar policy changes are taking place across Europe. Italy, which is also facing labor gaps, has approved a three-year migration decree to issue close to 500,000 work permits to non-EU nationals between 2026 and 2028 to meet its economic needs. Germany, also struggling to secure skilled workers and address its labor shortage, such as elderly care workers, are turning to workers from India.
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National rights within a shared travel area
The legal structure of Spain's regularization scheme reflects a broader feature of EU migration governance: while Schengen allows free short-term movement across much of Europe, residence, employment, and welfare rights are expected to be controlled by individual member states.
As a result, a residence permit issued in Spain:
- Allows legal residence and work only in Spain
- Provides access to Spain’s healthcare and social security systems
- Allows short-term travel within the Schengen area
- Does not permit settlement or employment in other EU countries
Any move to another member state may require a separate application under that country’s national immigration rules.
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