Table of Contents
- Intro
- The extraordinary regularization of 2026
- What happens at the end of the year: the modification
- Why it is important to maintain the contract
- What happens if you get fired
- The best scenario: to have a contract when applying
- Information for our customers
- Summary
- Frequently asked questions
- Conclusion
1. Introduction
Thousands of people have obtained their residence and work authorization thanks to the extraordinary regularization of 2026. But that permit is only the first step: at the end of its validity, it is necessary to move to an authorization of the general regime. And for that, employment is key. What if the company fire you before that moment?
2. The extraordinary regularization of 2026
The Royal Decree 316 / 2026 of 14 April, Aliens Regulations approved by Royal Decree 1155 / 2024 to open an extraordinary regularization process. It was addressed to persons in an irregular situation and to applicants for international protection who were in Spain before 1 January 2026, with at least five months of uninterrupted stay and no criminal record.
The authorization granted allows for residence and work for one year. After that period, its holders must move to the ordinary figures of the regulation.
3. What happens at the end of the year: the modification
It is not a question of renewing the extraordinary authorization, but of amend to an authorisation from the general scheme, normally of residence and work. The Regulation allows for such an amendment to be applied for within two months of the expiry of the authorisation or within three months of the expiry of the authorisation, and remains valid during the procedure.
4. Why it is important to maintain the contract
In order to ensure that the general scheme is amended, it is safe to work throughout the year of the authorisation and to maintain the employment contract until the time of application. Stable and targeted employment is the best test of integration and facilitates compliance with requirements.
5. What happens if you get fired
Losing employment does not mean automatically losing the possibility of moving to the general regime. As we explained in the video, the Article 191 of Royal Decree 1155 / 2024 refers to its Article 80so that it is possible to achieve the modification if these conditions are met:
- Having worked and listed for social security at least 3 months.
- Having registered as Employment applicant in the Public Employment Service from the time of dismissal.
- Keep this registration until the time you request the modification.
It's a possible way, but not the best of the scenarios. Furthermore, if the dismissal is not justified, it should be challenged within 20 working days. We explain how in our article on the redundancies in Spain.
6. The best scenario: to have a contract when applying
If a new job is achieved after a dismissal and, at the time of application for a change, an employment contract is released, the situation is even better. That is why, after losing a job, it is important to register as a job seeker immediately and at the same time actively seek a new contract.
7. Information for our customers
In the video we address our clients of the extraordinary regularization procedure: we have achieved what we promised. Now, to ensure that the general regime is amended, we ask you to work and maintain the contract all year round. If they are fired, with three months of work and contributions and the registration as job seekers from the dismissal to the application, we can get the change. It's not the best scenario, but it's possible. And if they have a new discharge contract at the time, even better.
8. Summary
| Status | What to do | Legal basis |
|---|---|---|
| Authorization of extraordinary regularization | One-year life | RD 316 / 2026 |
| End of validity | Request the amendment to the general scheme | RD 1155 / 2024 |
| Deadline for request | Two months before or three months after expiry | RD 1155 / 2024 |
| Dismissed during the year | Three months of contributions and registration as an employment applicant until application | Arts. 191 and 80 of RD 1155 / 2024 |
| Best scenario | Be discharged with contract upon request | RD 1155 / 2024 |
9. Frequently asked questions
Do I lose my papers if I get fired after regularization?
Not necessarily. With three months of contributions and the registration as an employment applicant since the dismissal, it is possible to obtain the amendment.
Do I have to renew the regularization authorization?
It is not renewed: it is amended to an authorisation under the general scheme.
When should I request the amendment?
In the two months prior to the expiry of the authorisation or in the three months following.
What do I do just get fired?
Register as a job seeker immediately, seek a new job and consult with a lawyer if the dismissal is indisputable.
10. Conclusion
The extraordinary regularization was the gateway, but the aim is to move to the general regime. Maintaining employment is the safest way to go; and if a dismissal comes, acting quickly by registering as a job seeker keeps the possibility of getting the change open.
In the area of Aliens and Immigration from Leynver Lawyers we accompany our customers from regularization to modification of their authorization.
