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Spain’s planned mass regularisation of undocumented migrants is taking clearer shape, with new details revealing how overseas criminal records will be handled under the scheme promoted by President Pedro Sánchez.

 

According to a draft published on Tuesday by the Ministry of Migration and Social Security, the process will focus only on offences that would actually count as crimes under Spanish law, and only those committed within a defined time frame. The document, dated January 28, sets out rules that narrow the scope far more tightly than earlier political statements suggested.

 

At the heart of the proposal is a five year limit. Criminal offences committed abroad more than five years before a person arrived in Spain will not be taken into account. Even within that period, records will only matter if the offence is also recognised as a crime under Spanish law. In practical terms, this means convictions overseas for acts that are not illegal in Spain would be excluded from consideration.

 

The draft confirms that people who submitted an application to reside in Spain before December 31, 2025, whether on the basis of family or social roots or what are described as “unique exceptional circumstances”, may benefit from the new rules. This builds on the political agreement reached earlier this year between the PSOE and Podemos to regularise the status of hundreds of thousands of migrants.

 

For those unable to apply on the basis of ties to Spain, the government plans to authorise temporary residence instead. In these cases, Article 31.5 of the Organic Law will apply, requiring applicants to have no criminal record in Spain or in previous countries of residence for offences recognised under Spanish law, and not to be listed as inadmissible in countries that share agreements with Spain. Applicants must also prove they have lived in Spain for at least five months.

 

One of the most sensitive aspects is how criminal records will be verified. If a migrant cannot obtain official documentation from their country of origin or recent residence, Spanish authorities will request the information directly. The draft states, “If a month passes without receiving a response, the administration may obtain the necessary information directly from the relevant authority.”

 

However, if no reply arrives within that month, a sworn declaration from the applicant stating they have no criminal record will be accepted. In that case, the administration will treat the individual as having no record for the purposes of the regularisation.

 

This level of detail contrasts with earlier references from Podemos, which spoke more generally about the need to avoid admitting people with “relevant criminal records”. The draft now clarifies what that actually means in legal terms.

 

So far, the government has not publicly commented on the document, which remains open to public input until February 6.