When the procedure becomes the problem: two recent decisions that reshape access to immigration in Europe

There is a moment that many skilled foreigners living in France know well.

You have found the job. The employer wants you. The offer is on the table. And then the question comes: what do we need to do to get you working legally?

What follows is often weeks of confusion for both sides.

The work authorisation process in France is not intuitive, and most employers encounter it for the first time when they are already in the middle of trying to hire someone. This article exists to change that.

‍Note: this article covers the standard visa salaré process, which is the most common route for non-EU nationals taking up employment in France. It does not cover accelerated or simplified routes such as the Passeport Talent salarié, the métiers en tension list (shortage occupations), or the EU Blue Card. Those routes have different criteria and will be addressed separately.‍

First, a Word That Goes Beyond Paperwork

Companies regularly talk about the difficulty of finding engaged, committed employees. At the same time, qualified immigrants, people who learned a new language, rebuilt their professional lives in a foreign country, and brought years of international experience with them, often end up feeling undervalued.

Not because they underperform. But because, when the moment comes to formalise the employment relationship, some employers hesitate to take on the cost and process of a work authorisation.

There is something worth reflecting on there. An employee who goes through this process to work with you is not a liability. They are, in most cases, someone who has already demonstrated resilience, adaptability and commitment in ways that no hiring assessment can fully capture.

What follows is a practical guide to that process. Because understanding it is the first step to making it manageable.‍

What Is a Work Authorisation and Why Does It Exist?

In France, non-EU nationals who wish to work must hold both a right to reside and a right to work. In many cases, these rights come bundled together in what is known as a titre de séjour salarié, the employee residence permit.

Before that permit can be issued, the French Labour Authority, the DREETS (Directions régionales de l’économie, de l’emploi, du travail et des solidarités), must authorise the hire.

This step is called the autorisation de travail, and it is the employer’s responsibility to file it.‍

What the Employer Must Demonstrate

The autorisation de travail is not a formality. The DREETS evaluates the application against several criteria.

1. Labour Market Test (opposabilité de la situation de l’emploi)

The employer must demonstrate that the position could not be filled by a candidate already present in the French or European labour market. This typically involves publishing the vacancy through France Travail (formerly Pôle Emploi) for a minimum of three weeks before submitting the application.

Roles listed on the métiers en tension (shortage occupations) list are exempt from this requirement, but that is a separate route. In the standard salarié process, the labour market test applies.

2. Employment Contract

The contract must be a CDI (permanent contract) or a CDD (fixed-term contract) of at least 12 months. The salary must meet a minimum threshold, currently set at 80% of the gross SMIC for most roles, which in 2026 represents approximately €1,370 gross per month.

The role must also be compatible with the candidate’s qualifications. A mismatch between the position and the applicant’s professional background is one of the most common reasons for delay or refusal.

3. Employer Compliance

The employer must be registered in France with a valid SIRET number, up to date with social contributions, and must sign a formal commitment, the engagement de l’employeur, confirming compliance with French labour law.‍

The Process, Step by Step

Step 1. The employer publishes the vacancy on France Travail for a minimum of three weeks.

Step 2. The employer submits the autorisation de travail application via the Administration+ platform, attaching the employment contract, job description, the candidate’s CV and qualifications, and proof of the job posting.

Step 3. The DREETS reviews the file. The legal deadline for a decision is two months, though timelines vary in practice depending on the region and time of year.

Step 4. Once the autorisation de travail is issued, it is the employee who takes the next step. They gather that document together with the other supporting documents required for their specific visa category and file the full residence permit application, either at the consulate if they are abroad, or at the prefecture if they are already in France.

Step 5. Once the application is approved, the employee obtains their visa or residence permit and can legally begin working.‍

What Happens When the Candidate Is Already in France

A candidate already in France on a different residence permit, whether a student visa, a visitor permit, or another category, may be able to apply for a changement de statut (change of status) rather than going through a consulate. This avoids leaving the country and can speed things up in some cases.

That said, not all permit types allow for a change of status. The current permit, the salary offered, the nature of the role, and the applicant’s immigration history all affect eligibility. A case-by-case legal assessment is essential before any application is filed.‍

Common Mistakes That Delay or Derail the Process

Starting work before the permit is issued. This exposes both the employer and the employee to significant legal risk, including fines and cancellation of the application.

Underestimating the timeline. From the start of the labour market test to the moment the employee holds a valid permit, the process can take three to six months. Planning ahead is not optional.

Ignoring the salary thresholds. A salary below the applicable minimum is grounds for refusal, regardless of the employer’s intentions.

Filing without legal guidance. Each prefecture has its own practices, and applications that are technically complete on paper can still be delayed or refused due to procedural gaps or missing documents.‍

Are There Faster Routes?

Yes, though they come with their own eligibility criteria.

The Passeport Talent salarié is France’s own high-skill work permit, separate from the EU Blue Card. It is available to candidates holding a qualification equivalent to a Master’s degree and earning approxim. €40,000 gross per year. It offers a simplified process, a longer validity period, and access to an accelerated family reunification scheme.

The EU Blue Card is available across EU member states for highly qualified workers earning at least €59,373 gross per year, which is the 2026 threshold in France. The labour market test is waived and processing is generally faster.

The métiers en tension route skips the labour market test entirely for roles on the national shortage occupation list, which is updated periodically.

Each of these routes has its own documentation requirements and strategic considerations. Choosing the right one from the outset can save months.

‍What This Means for Employers

Hiring a non-EU national in France is entirely possible, and the process is well established. But it requires preparation, documentation, and realistic expectations about timing.

Employers who understand the process can plan accordingly. Those who do not often find themselves in a situation where a candidate they have committed to hiring cannot start, with real costs on both sides.

The work authorisation is not a barrier to hiring international talent. It is a structured process, and like any structured process, it becomes straightforward once you know what it involves.

If you are an employer navigating this for the first time, or a candidate trying to understand your options, a legal consultation can save months of uncertainty.

If you are planning your life in Europe, or already living here without papers, understanding this new landscape is not a technical detail. It is what separates a workable plan from a strategy that no longer exists. This guide walks you through what changed in each major destination country between 2025 and 2026, and what those changes mean in practice for non-EU nationals.

Why 2025–2026 Marks a Turning Point for EU Immigration Policy

There is no single European law tightening immigration rules. What exists is a sequence of national reforms, each with its own political logic, all converging towards the same practical outcome: regularisation from within the territory has become significantly harder. The shift has been broad and relatively quiet, driven by domestic political cycles in several Member States, with restrictive coalitions gaining ground across the continent.

For non-European nationals — particularly Brazilians, who make up one of the largest groups of recent migrants to the EU — the practical effect is significant. Routes that worked in 2023 no longer exist in 2026. Routes that were narrow have become narrower. And one country, somewhat against the tide, has chosen to do the opposite.

^{Portugal: The End of the Manifestação de Interesse}

For years, Portugal worked as a generous gateway for Brazilians. Simply arriving and filing a so-called manifestação de interesse was enough to start the process towards a residence permit. That route is now closed.

What changed

Law 61/2025, published on 22 October 2025, abolished the "manifestação de interesse". The current rule requires a valid visa obtained at a Portuguese consulate in the country of origin before any application for residence can be filed. In practice: those already in Portugal irregularly no longer have a Portuguese path forward — they must leave and apply from outside.

Impact on citizenship timelines

The reform of the Nationality Act, enacted in May 2026, also raised the residence period required for naturalisation. Brazilians and other CPLP nationals now need 7 years of legal residence (previously 3), and the clock starts running from the date the residence permit is issued, not from the date of application. For all other non-EU nationals, the requirement is now 10 years.

France: The Retailleau Circular and Tighter Regularisation Rules

France traditionally allowed two main routes to regularise irregular status: prolonged presence (admission exceptionnelle au séjour, AES) and labour in shortage occupations (métier en tension). Both were narrowed significantly in 2025.

Admission exceptionnelle au séjour

The Retailleau Circular, issued on 23 January 2025, revoked the previous more flexible regime (the Valls Circular). Regularisation based on prolonged presence now requires 7 years of uninterrupted residence, up from 5 years. Refusals are also now systematically accompanied by an OQTF (obligation to leave French territory).

Métier en tension

Regularisation based on shortage occupations survives, but only as a temporary mechanism running until 31 December 2026. It requires 3 years of residence plus 12 months of work in an occupation on the official shortage list. The impact of the new orientation was immediate: regularisations granted in the first half of 2025 fell by approximately 42% compared to the same period the previous year.

Italy: Why Permanent Regularisation Has Never Existed

Italy has never offered a structured in-country regularisation route. What exists historically are the so-called sanatorie — one-off amnesty programmes tied to specific political contexts. The last major sanatoria was the Decreto Rilancio in 2020, limited to the agriculture and domestic care sectors. Since then, nothing permanent.

The Decreto Flussi, which sets quotas for legal entry, only operates for those applying from their country of origin. For those already inside Italy without papers, there is no consolidated route in practice. Italy is therefore not an option to consider as a Plan B for regularisation from within the EU.

The Netherlands: No General Regularisation, Only Exceptional Routes

The Netherlands has no in-country regularisation instrument comparable to the Spanish arraigo or the French métier en tension. There is no general route through which a person in irregular status can obtain a residence permit while remaining in Dutch territory. What exists are specific routes, mostly narrow, and one significant exception: family reunification with an EU citizen exercising free movement.

The most favourable route is that of the family member of an EU citizen under Directive 2004/38/EC. A spouse, registered partner, duly evidenced stable partner, descendant under 21 or otherwise dependent, and dependent ascendant of an EU citizen (of any Member State other than Dutch) who is exercising free movement in the Netherlands may obtain the verblijfsdocument duurzaam verblijf voor burgers van de Unie en hun familieleden. This route does not require a prior MVV, can be applied for from within the territory, and has economic requirements substantially more favourable than the Dutch national regime. 

A critical and frequently misunderstood point: Directive 2004/38 does not apply to the foreign family member of a Dutch national residing in the Netherlands, under the "purely internal situation" doctrine (CJEU judgments McCarthy C-434/09 and Dereci C-256/11). That case will fall under the Dutch national regime, which is more restrictive. There is, however, an exception under the Surinder Singh and Lounes case law: a Dutch national who has exercised free movement in another Member State may, upon return, benefit from the Directive.

Article 64 of the Vreemdelingenwet (Aliens Act) allows the temporary suspension of the obligation to leave the country on serious medical grounds — where the health condition makes travel unsafe, or where necessary treatment is not available in the country of origin. Technically, however, this is not a residence permit: it is merely a postponement of departure. Only after one year under this regime, with the medical conditions persisting, can it be converted into a temporary residence permit for medical treatment.

The buitenschuldvergunning (literally "no-fault permit") is reserved for those who can demonstrate that, despite genuine efforts, they cannot leave the country due to circumstances beyond their control — typically inability to obtain travel documents from the country of origin. The IND applies a very high evidentiary standard, and grant rates are low.

There are also routes for victims of domestic violence, honour-based violence, and human trafficking, who may receive a temporary humanitarian permit (1 year, renewable), conditional on formal reporting and cooperation with the criminal investigation. And, in truly exceptional cases, applicants may invoke Article 8 of the ECHR (protection of private and family life) — a discretionary instrument rarely granted without compelling supervening facts.

For the typical profile of a Brazilian migrant in irregular status in the Netherlands — without serious illness, without a recognised dependency relationship, without having gone through the asylum system — none of these routes is, in practice, accessible. The legal path remains voluntary departure and consular application from Brazil or from another country of legal residence.

Germany and Belgium: Narrow Doors

Germany

The instrument known as Chancen-Aufenthaltsrecht is often mistaken for a broad regularisation route. It is not. It applies only to those who already hold Duldung status — typically rejected asylum seekers — with a minimum continuous residence of 5 years since 2017. For those who have never gone through the asylum system, it is simply not available. The Chancenkarte (Opportunity Card) introduced in 2024 is a different instrument: it is an entry visa applied for from the country of origin, not a regularisation route.

Belgium

The well-known Article 9bis (humanitarian regularisation) exists, but requires demonstration of truly exceptional circumstances — administrative impossibility of obtaining travel documents, risk of violation of Articles 3 or 8 of the European Convention on Human Rights. Throughout the proceedings, the applicant has neither the right to reside nor to work. It is, therefore, not a structured route but a discretionary mechanism, and not a path to plan a strategy around.

Spain: The Last Open Route in the European Union

In the midst of this continent-wide tightening, Spain has moved in the opposite direction and is now, in 2026, the most realistic European country for in-country regularisation for non-EU nationals.

Royal Decree 1155/2024 — the new arraigo system

Royal Decree 1155/2024, in force since 20 May 2025, overhauled the entire arraigo system (regularisation based on rootedness). Five new pathways were created. The most relevant for most profiles is the arraigo sociolaboral, which requires:

• 2 years of continuous residence in Spanish territory
• An employment contract with a minimum working week of 20 hours
• Pay of at least the Spanish national minimum wage (SMI)
• A minimum contract duration of 90 days

Royal Decree 316/2026 — provisional work authorisation

In April 2026, Royal Decree 316/2026 added a meaningful practical advance: from the moment the arraigo application is admitted for processing, the applicant becomes provisionally authorised to work formally. This eliminates the dead time previously experienced between application and effective regularisation of the labour relationship.

The path to EU citizenship through Spain

Spain maintains its preferential citizenship regime for nationals of Ibero-American countries: 2 years of legal residence allow the citizenship application to be filed. For Brazilians, this means a total horizon of approximately 4 years between arrival in Spain and obtaining a European passport — by far the fastest route currently available in the European Union for someone starting from irregular status.

What This Means for People Planning Their Life in Europe

The 2026 European map for non-EU immigration looks very different from the 2023 map. For those planning to leave Brazil (or any non-EU country), the legally safest path remains to obtain the right visa at the consulate of the destination country, before travelling. There is no shortcut, and entering irregularly with the hope of regularising later is now riskier than ever in most countries.

For those already in Europe without papers, any strategy requires careful, case-by-case analysis of the specific country framework, personal profile, family ties, and timing. In many cases, relocation to Spain has become the most viable path to eventual European citizenship but the move must be structured carefully, particularly the exit from the current irregular situation, which must be strictly voluntary to avoid a Schengen-wide entry ban.

There is no single answer that fits every profile. What exists is up-to-date information and case-by-case strategy. In the current scenario, that is worth more than ever.

Frequently Asked Questions

Which European country offers the fastest path to EU citizenship in 2026?

For Brazilian and other Ibero-American nationals, Spain offers the fastest path: approximately 4 years from arrival in Spanish territory to citizenship, using the arraigo sociolaboral route (2 years of residence to regularise) followed by 2 years of legal residence for the preferential Ibero-American naturalisation regime.

Can I still regularise my status in Portugal in 2026?

No. Law 61/2025 abolished the manifestação de interesse on 22 October 2025. Residence applications now require a valid visa obtained at a Portuguese consulate in the country of origin. Those already in Portugal irregularly must, in practice, leave and apply from outside.

Does France still have the métier en tension regularisation?

Yes, but only temporarily. The mechanism remains in force until 31 December 2026, requiring 3 years of residence plus 12 months of work in an occupation on the official shortage list. After that date, the regime may not be renewed in its current form.

What is the Spanish arraigo sociolaboral?

The arraigo sociolaboral is a regularisation route created by Royal Decree 1155/2024, in force since May 2025. It requires 2 years of continuous residence in Spain plus an employment contract meeting specific criteria (minimum 20 hours per week, national minimum wage, minimum duration of 90 days). Since April 2026, applicants are provisionally authorised to work as soon as the application is admitted for processing.

Can someone regularise their status in the Netherlands in 2026?

Not from within the territory, except in very specific cases: relationship with an EU citizen exercising free movement, family reunification with a Dutch national or legal resident (applied for at the consulate from the country of origin), severe humanitarian grounds, or international protection. The Netherlands has no equivalent to the Spanish arraigo or the French métier en tension.

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When it comes to immigration, public discussion usually revolves around substantive rules—who is entitled to what, what documents are required, what integration criteria must be met. But in our day-to-day work with clients, the weakest link in an immigration project is rarely the law itself. It is access to the procedure: securing an appointment at the consulate, opening a case on the online platform, getting the system to recognize an application that has already been submitted.

Within a few weeks of each other, two decisions—one from the Court of Justice of the European Union, the other from the French Conseil d’État—placed this issue at the center of the legal debate. And together, they outline more clearly what the state must (and is not required to) do to ensure this access. It is worth understanding both.

The Gonrieh case: the CJEU defines the outer limits of the state’s obligation

On March 26, 2026, the Court of Justice of the EU ruled on case C-819/25 PPU (Gonrieh): a Palestinian refugee in Belgium, who managed to leave Gaza in 2024 with one of his children, left behind his wife and four other children when the Rafah crossing was closed. He applied for family reunification; after several legal back-and-forths, visas were granted, but on the condition that family members appear in person at a Belgian consular post for identity verification.

However, the family was in Gaza, under bombardment, with no physical possibility of leaving. The question put to the CJEU was straightforward: does Article 13(1) of Directive 2003/86 (which obliges Member States to grant “every facility for obtaining the required visas”), read in conjunction with the Charter of Fundamental Rights, oblige Belgium to organize or facilitate the evacuation of these persons to a consular post?

The Court held that the obligation to “provide every facility” refers to the processing of the visa application, not to a positive obligation to ensure the safe passage of family members through a third country, nor to negotiate their departure with foreign authorities. The State must keep the procedure open and process the application with due diligence, but the operational burden of physically reaching the consular post remains with the applicant family.

‍It is important to note the context: this decision aligns with the Court’s previous case law (the Afrin case, C-1/23 PPU, of April 18, 2023), which had already established that Member States may not, without exception, physical presence for the initial submission of the family reunification application, and must allow for alternative means (email, proxy) when travel is impossible. The Gonrieh case, therefore, is not a reversal; it marks the limit of the Member States’ obligations. The State must accept the application remotely; however, it is not required to provide or be responsible for transportation.‍

The ANEF case: the Conseil d'État outlines the French State’s domestic obligation

A little over a month later, on May 5, 2026, the Conseil d'État—the government body that serves as the supreme administrative court and advisor to the executive branch in France—issued Decision No. 502860, which addressed a problem that anyone attempting to renew a residence permit in France knows all too well: the chronic malfunctions of the ANEF (Administration Numérique pour les Étrangers en France) platform, which, since 2021, has become the mandatory channel for most residence permit applications.

Prompted by a coalition of associations (including Cimade, Secours Catholique, Emmaüs, and the Fédération des Acteurs de la Solidarité), the Conseil d’État acknowledged what foreigners and lawyers had been documenting for years: inaccessible accounts, applications that cannot be completed, identification numbers the system does not recognize, and a lack of response months after submission. 

The consequences are tangible: job loss, suspension of social benefits, threat of eviction, disruptions in a legal status that should have been nothing but continuity.

The decision establishes a principle that seems obvious, but which had to be stated by France’s highest administrative court: when the use of a digital public service is mandatory, the State must ensure that users can effectively carry out their administrative procedures. 

The ANEF’s malfunctions, according to the Court, “are such as to abnormally limit users’ right of access or to compromise their ability to exercise the rights granted to them by law.”

The Conseil d'État gave the Ministry of the Interior six months to correct the problems. And it emphasized a point that often goes unnoticed by clients: when someone applies to renew their residence permit with a complete application before it expires, the administration is required to issue an attestation de prolongation de l'instruction and to renew it for as long as the review process lasts. 

Today, this document is often not issued on time, and even when it is, it does not provide full access to social benefits and housing, unlike the old receipts. It is precisely this gap that hinders many ongoing migration projects. 

‍Two decisions, one message

Looking at the two decisions together, a picture emerges that is worth noting:

→ Externally (Gonrieh), the Member State must keep the procedure accessible and process the application diligently—including by accepting alternative submission methods when in-person travel is impossible. But it has no positive obligation to ensure the applicant’s physical arrival at the consular office.

→ Domestically (ANEF), the State is responsible for the effective functioning of the access channel that it itself has made mandatory. If the platform crashes, it is the State’s problem, not the foreign national’s.

‍What this means in practice—especially for France

For those planning a migration project involving France, three practical points emerge from these decisions:

1. Applications for family reunification with relatives in conflict zones (or areas with difficult access to French consular offices) remain possible, but the burden of organizing travel and producing the necessary documentation falls largely on the applicant. Alternative methods for initial submission exist, but physical presence for biometric verification at some point in the process is practically inevitable.

2. Those already in France with a residence permit need, more than ever, to plan for renewal in advance. The Conseil d’État’s decision is good news, but the six months the government has to fix the ANEF system are counted starting in May 2026—meaning that disruptions will continue throughout this period. Submitting the application in advance (ideally 3 to 4 months before the expiration date), keeping proof that the file was submitted complete and on time, and formally requesting the attestation de prolongation de l'instruction is no longer just “recommended” but has become a basic protective strategy.

3. System outages at ANEF now have clear legal backing. This changes the dynamics of appeals: it is no longer the foreign national who must prove that the platform failed; it is the State that has the obligation to ensure it functions properly. Anyone stuck in a renewal process with complete documentation can (and should) invoke this decision to support requests for preliminary injunctions, administrative appeals, and complaints filed with the Défenseur des droits.

‍A personal take

There is something these two decisions reveal that often baffles those just beginning the immigration process: being entitled to a residence permit or a visa does not mean the path to obtaining it is, in fact, open. There are legal rules, and there are barriers to access. The two worlds do not communicate as much as they should—and it is precisely in this gap that many people waste time, energy, and, in the worst cases, their very right.

European and French case law is slowly beginning to treat access to the procedure as an autonomous right, rather than a mere procedural step. This is an important development. But it does not change the fact that, in the short term, those who prepare in advance, document every step, anticipate deadlines, and understand where their process might stall have a better chance of reaching the end of the road with their rights intact.

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Anyone who follows the European immigration landscape knows that France has never been exactly an open-door country. However, in recent months, the changes have gone beyond the usual — and they directly impact those planning to reside, work, or apply for French citizenship.

Since January 2026, France has begun requiring formal proof of both civic knowledge and French language proficiency for non-European nationals applying for residence permits or naturalization. In practice, simply attending a language course is no longer sufficient: applicants must now present an officially recognized certificate — level A2 for multi-year residence permits, B1 for permanent residence, and B2 for naturalization.

But language is only part of the story. A circular published in May 2025 reinforced that naturalization is not an automatic right, even for those who meet all legal requirements. In practice, what the government evaluates is the applicant’s level of integration into French society — which goes far beyond length of residence or employment status.

Economic criteria have also been tightened: for citizenship applications outside of marriage, applicants are now required to demonstrate stable employment and a minimum income equivalent to the French minimum wage. Individuals with a history of irregular status or failure to comply with removal orders are automatically excluded from the process.

And the changes do not stop there. Access to social benefits now requires five years of continuous residence, the waiting period for family reunification has increased from 18 to 24 months, and children of foreign nationals born in France no longer automatically acquire citizenship upon reaching adulthood.

The landscape is more restrictive, but not insurmountable. Those who prepare in advance and understand the rules of the game are far more likely to build a strong and successful application. That is exactly why we exist.

Studying in the United States has always required planning. However, in recent months, the process has become visibly more complex — and ignoring these changes can jeopardize not only your visa but your entire academic trajectory.

One of the updates with the most impact on students is social media screening. All F-1 and J-1 visa applicants are now subject to additional vetting of their online presence as part of the adjudication process. What you post, share, and comment on can indeed be analyzed before a decision is reached.

There is also a proposal under discussion that is particularly concerning for those considering graduate studies: the DHS (Department of Homeland Security) has proposed limiting the period of stay for students to four years. This directly conflicts with the average of six years required for a PhD in the U.S. Anyone exceeding this timeframe would be required to apply for a formal extension of stay.

Another critical point is the proposed elimination of "Duration of Status" (D/S). The proposal to terminate this mechanism for F and J visas was formally published in the Federal Register in August 2025. Currently, this system allows a student to remain in the U.S. for as long as they maintain their status to complete their studies without a fixed expiration date on their I-94 — a flexibility that may soon cease to exist.

For students from certain countries, the scenario is even more delicate. Those already in the U.S. with a valid F-1 visa are not affected by recent travel bans or restrictions. However, students from restricted countries who did not have a visa issued by January 1, 2026, are likely ineligible to obtain one at this time.

Despite all of this, the F-1 program remains active, with over one million international students in American institutions, and undergraduate enrollment grew by 2% in the fall of 2025. The U.S. remains a viable destination — but it demands more diligence than before.

If you are planning to study there, the time to understand these changes is now, before taking any steps in the application process.

In April 2026, the Spanish government took a historic step: it approved a Royal Decree opening a window for the extraordinary regularization of undocumented immigrants already living in the country. The process has been open since April 16 and will close on June 30, 2026.

For those who meet the requirements, this could be a real and urgent opportunity. However, the criteria are specific, and errors in the process can jeopardize the application.

What is this regularization and why did it happen?The measure responds to a broad social demand: more than 700,000 people signed a Popular Legislative Initiative calling for the regularization of immigrants already living and working in Spain without documentation. Congress accepted the request by a large majority, and the government turned the demand into reality via decree.

The authorization granted is initially valid for one year. At the end of this period, beneficiaries must transition into the ordinary categories provided for in the Reglamento de Extranjería (Immigration Regulations), moving toward full and progressive integration into the system.

Who can apply?There are two profiles covered by this regularization:

Profile 1 — Foreigners in an irregular situation

• Must have been in Spain before January 1, 2026.
• Must have remained in the country uninterruptedly for at least 5 months prior to the application.
• Must have no criminal record and not pose a threat to public order or security.
• Must not have an entry ban for Spain or be listed as inadmissible in countries with agreements with the Spanish State.

Profile 2 — Applicants for international protection

• Must have submitted an application for international protection before January 1, 2026.
• Must be in Spain at the time of the application.
• Must have no criminal record and not pose a threat to public order.

Who CANNOT participate?

• Persons with a current residence permit or one that is in the process of being renewed.
• Students, holders of a job-seeking authorization (búsqueda de empleo), or non-lucrative residence permits.
• Stateless persons (who have their own specific regime).
• Ukrainians with a current temporary protection authorization.

What do you receive?Those approved will receive a residence and work permit valid for 1 year, applicable to any sector and anywhere within Spanish territory. Important: this authorization does not grant the right to work in other European Union countries, only in Spain.

How is the application made?The process can be initiated in two ways: in person, by prior appointment at service centers, or electronically via the MERCURIO platform, available 24 hours a day throughout the application period.

The deadline to submit the application is June 30, 2026. No extension is expected.

A special note on "uninterrupted stay"The 5-month uninterrupted requirement is strict: any departure from Spanish territory during this period compromises fulfillment of the criterion. This differs from the concept of "continuous residence," which allows for short, justified absences. For extraordinary regularization, the presence must be literal and documentable.

What to do now?If you believe you qualify for this regularization, the first step is to carefully evaluate your situation — especially your history of physical presence in the territory and the documentation available to prove the 5-month stay. Any mistake in the application or documentation can result in the case being dismissed.

Seeking specialized advice from the beginning is not a luxury: it is the difference between a well-constructed process and one that misses the deadline due to a missing document.

Those who follow the immigration reality in France know that one of the greatest challenges is not just meeting legal requirements, but ensuring the prefecture (préfecture) reviews the file within a reasonable timeframe. In many departments, processing delays for residence titles can last years. However, the scenario is slowly starting to change.

What is happening?In early April 2026, the Prefect of Val-de-Marne, Étienne Stoskopf, announced the recruitment of dozens of temporary agents to accelerate the processing of backlogged applications. The prefecture processes approximately 82,000 residence titles per year—80% of which are renewals—and had accumulated a backlog of 2,100 10-year carte de résident files awaiting analysis.This is not an isolated measure; it is part of a national movement to strengthen foreign national departments in prefectures, acknowledging that administrative overload has caused serious consequences for immigrants, including warnings from the Défenseur des droits regarding violations of users' rights.

The debate on automatic renewalOn the legislative front, a bill under discussion in the Assemblée Nationale goes even further: it proposes the automatic renewal (renouvellement automatique) of multi-year residence permits (cartes de séjour pluriannuelles) and resident cards (cartes de résident).The central idea is to radically simplify administrative procedures for those who already have a consolidated history of legal residence. Instead of redoing the entire process at every expiration, renewal would occur automatically, provided the holder continues to meet legal requirements.

What the proposal provides for:→ Automatic renewal of cartes de séjour pluriannuelles and cartes de résident→ Reduction in the volume of files at prefectures→ Less bureaucracy for long-term legal residents

Note: The proposal is not yet law. It remains a measure under discussion.

What does this mean in practice for those residing in France?For now, renewal rules have not changed. The obligation to start the application in advance—at least two months before expiration, or four months via the ANEF portal—remains valid.What is changing is the context: there are clear signs that the system is being pressured to function better. For immigrants, this means it is worth keeping up with news and, above all, not leaving the process until the last minute.

Attention: the new 2026 requirements remain in forceParallel to these operational improvements, the requirements introduced in January 2026 remain: a French language certificate (Level A2 for multi-year cards, B1 for the carte de résident) and a civic exam with a minimum passing score of 80%. Reducing waiting times at the prefecture does not mean granting exceptions to the requirements.

In April 2024, the European Union adopted Directive (EU) 2024/1233, known as the Recast of the Single Permit Directive. The goal is to simplify and modernize immigration procedures for third-country workers wishing to live and work in European territory.The Directive is already in force at the European level, but its practical application depends on the transposition into the national law of each Member State. The deadline for this implementation is May 2026.

What is the Single Permit?The Single Permit is a single authorization that combines, in one document, the right of residence and the right to work. It replaces the multiple separate applications previously required in many European countries—centralizing administrative procedures and making the process more coherent for the worker.

What changes with the new Directive?Three changes stand out:

• Applications from within EU territory: One of the most relevant changes is that holders of a valid residence permit in any Member State may apply for the Single Permit without needing to return to their country of origin. This rule should take effect from May 2026, unless a State implements it sooner.
• Maximum decision period reduced to 90 days: The response time will become mandatory after national transposition. The 90-day period already includes any labor market tests.
• Greater legal certainty: The Directive reinforces the principle of equal treatment between foreign and national workers, expands access to essential labor rights, and makes migration status more predictable and continuous.

What the Directive does NOT do:

• It does not grant European citizenship.
• It does not eliminate national immigration requirements.
• It does not automatically regularize undocumented situations.

Each Member State remains competent to define minimum wages, establish working conditions, and evaluate applications individually.

One of the most common misconceptions when discussing immigration is the use of the word "citizenship" to refer to visas or residence permits. While all three concepts allow one to live in another country, they are legally very distinct. Confusing them creates false expectations and, in many cases, leads to decisions that jeopardize the entire migration process.

Before taking any step, it is essential to understand what each one represents.

What is a Visa?A visa is an entry authorization issued, as a rule, by the consulate of the destination country. It allows an individual to enter the territory for a specific purpose: work, study, family reunification, among others.A visa is not equivalent to nationality. It has a limited duration, may impose restrictions on the type of activity performed, the employer, or the number of hours worked, and it eventually expires. It is the starting point of the migration process, but not the destination.

What is a Residence Permit?A residence permit is the legal document that allows a foreigner to remain in the country after entry. It can be temporary or permanent, renewable, and is always conditional on maintaining the requirements that justified it, such as: employment status, income, family ties, among others.An important point: even after many years of legal residence, a person does not automatically become a citizen of the country. These are different legal frameworks with their own requirements and timelines.

What is Citizenship (Nationality)?Citizenship is a permanent legal and political bond between the individual and the State. It grants political rights, such as the right to vote and be elected, the unrestricted right to reside and work in the national territory, a national passport, and diplomatic protection abroad.Unlike a visa or residence permit, citizenship cannot be "cancelled" in the same way. It is a long-term status and requires its own process, with requirements and deadlines that vary from country to country.

Before starting any migration process, the first question to answer is: which legal status are you truly seeking? And next: which one is feasible in your specific case? Correct information is not a detail — it is the foundation of a secure migration strategy.

Author: Laura Ferreira de Alcantara — Legal Consultant in International Law

Article 2 — Directive (EU) 2024/1233 – Single Permit (Recast): When it takes effect and what changes in EU labor immigration

In April 2024, the European Union adopted Directive (EU) 2024/1233, known as the Recast of the Single Permit Directive. The goal is to simplify and modernize immigration procedures for third-country workers wishing to live and work in European territory.The Directive is already in force at the European level, but its practical application depends on the transposition into the national law of each Member State. The deadline for this implementation is May 2026.

What is the Single Permit?The Single Permit is a single authorization that combines, in one document, the right of residence and the right to work. It replaces the multiple separate applications previously required in many European countries—centralizing administrative procedures and making the process more coherent for the worker.

What changes with the new Directive?Three changes stand out:

• Applications from within EU territory: One of the most relevant changes is that holders of a valid residence permit in any Member State may apply for the Single Permit without needing to return to their country of origin. This rule should take effect from May 2026, unless a State implements it sooner.
• Maximum decision period reduced to 90 days: The response time will become mandatory after national transposition. The 90-day period already includes any labor market tests.
• Greater legal certainty: The Directive reinforces the principle of equal treatment between foreign and national workers, expands access to essential labor rights, and makes migration status more predictable and continuous.

What the Directive does NOT do:

• It does not grant European citizenship.
• It does not eliminate national immigration requirements.
• It does not automatically regularize undocumented situations.

Each Member State remains competent to define minimum wages, establish working conditions, and evaluate applications individually.