Spain Faces Surge in Legalisation Requests from Undocumented Migrants
Spain has recently experienced a significant influx of applications from undocumented migrants seeking legal residency, far surpassing government expectations. The initiative, implemented as a measure to address unregistered employment and exploitation, particularly in sectors such as agriculture, required individuals without legal status to submit their applications by a set deadline. Authorities had anticipated around 500,000 applications; however, over one million were received, indicating the scale of the undocumented population and the demand for regularisation.
The government's approach aimed to create a structured and lawful pathway for migrants to obtain residency, thereby reducing instances of illegal employment and ensuring improved working conditions. The policy, described by officials as responsible and necessary, was intended to promote legal, safe, and orderly migration. The administration also highlighted the economic implications of migration, noting that without continued immigration, Spain could face a significant reduction in its economic output by 2050 and beyond.
The extraordinary volume of applications has highlighted both logistical and administrative challenges. Data from the Ministry of Inclusion, Social Security, and Migration indicated that over 900,000 applications had already been submitted two weeks prior to the deadline, with estimates now reaching as high as 1.3 million. However, experts caution that the actual number of unique applicants may be lower due to duplicate submissions and applications from individuals who were not eligible for this process, such as those who had previously sought asylum.
Certain groups, including stateless individuals--many from the region of Western Sahara--were excluded from this process, prompting criticism from rights organisations. The exclusion stemmed from Spain's political stance on Western Sahara and the government's decision to recognise Moroccan sovereignty over the territory, despite longstanding international disputes.
Civil society organisations have raised concerns about the adequacy of the process, particularly regarding the timeframe given to submit necessary documentation. Many applicants struggled to obtain required paperwork, such as police clearance certificates, from both their countries of origin and any other countries where they had lived prior to arriving in Spain. This requirement was seen as a significant hurdle, particularly for those with complex migration histories.
As of now, only about 300,000 applications have been processed and approved, reflecting delays and bottlenecks in the administrative system. The government had initially pledged to process applications within 15 days, but reports indicate that this timeline was seldom met. The backlog has been compounded by understaffing in relevant government offices, which has also affected EU citizens seeking documentation in Spain.
Labor unions have criticised the lack of additional personnel allocated to manage the increased workload, arguing that this has led to extended wait times for applicants. Migrants who successfully complete the process receive a temporary residence permit and are issued a foreigner's identity card, which allows them to work legally in the country for one year. The regularisation measure aims to reduce the number of people working in informal sectors under exploitative conditions and to increase tax and social security contributions.
The legal basis for the process has been questioned, as the measure was enacted by decree rather than through standard legislative procedures. The minority government has struggled to pass new laws or budgets in recent years, leading to reliance on executive orders. Several regional governments have challenged the legality of the decree, and the Supreme Court has referred the matter to the European Court of Justice for a preliminary ruling. This means that, for many applicants, uncertainty remains regarding the long-term validity of their newly acquired legal status.