If you applied for the 2026 extraordinary regularization in Spain and haven’t yet received a decision, you’re probably asking yourself the same question as thousands of others: Why is my application still being processed while other people who applied later have already received a response?

The first thing you should know is that not all applications are processed strictly in the order in which they are submitted, and the fact that another applicant received a decision before you does not necessarily mean there is a problem with your application.

The special application period, which ran from April 16 to June 30, 2026, ultimately received no fewer than 1,174,978 applications. As of June 30, 609,737 had been processed, but the number of final decisions was still much lower. The government had initially estimated around 500,000 potential beneficiaries, so the actual demand far exceeded projections.

This difference helps explain much of the delays we are seeing.

But that’s not the only reason.

Below, we analyze, one by one, the main reasons why an extraordinary regularization case may remain unresolved and what options are available in each situation.

How long does the Immigration Office have to process an extraordinary regularization application?

Royal Decree 316/2026 establishes a maximum period of three months to decide on and notify the applicant of the decision.

As a general rule, the time limit begins on the day following the date on which the application is entered into the registry of the agency responsible for processing it.

But there is one key point that many people are unaware of:

The three-month period may be suspended under certain circumstances provided for by law.

Therefore, simply calculating that “I filed the application 90 days ago” does not always indicate whether the deadline has legally expired.

1. The enormous volume of requests has caused a bottleneck

This is probably the main reason overall.

The government initially expected around 500,000 potential beneficiaries, but ultimately received 1,174,978 applications.

In other words, more than double what was expected.

By the end of July, the backlog of cases had led the Ministry of Migration to request assistance from the Immigration Offices to speed up the process. According to El País, nearly 1,300 employees volunteered to work outside their regular hours on tasks related to these cases.

The BOE itself confirmed this reinforcement by issuing a management directive so that the Immigration Offices could assist with technical tasks such as:

• verify certain information;
• verify addresses;
• verify personal or business information;
• record files in the Central Registry of Foreign Nationals;
• verify that the police and court reports had been requested correctly.

What does this mean for your record?

If a case has been pending for weeks or even more than three months without a resolution, it may simply be because it is still awaiting completion of an internal processing step.

It doesn’t automatically mean it will be denied.

2. Your case may still be pending even before it enters the decision-making phase

Submitting an application and having it registered does not necessarily mean that you have successfully completed all the administrative steps.

A particularly important aspect of this regularization process is the notice of the initiation of the procedure.

It is this notice that grants provisional authorization to live and work in Spain while the case is being processed.

During the first few months of the process, various associations and professionals reported delays even at this early stage. APDHA, for example, warned in late July of significant delays in the acceptance of applications for processing and a lack of human and material resources.

Therefore, there may be people who:

A) have already received the notice of initiation and are awaiting a decision;

or

B) have submitted their applications correctly but have not yet received notification of the start of the process.

These are different legal situations.

3. The application was submitted in person and is still undergoing data entry or verification processes

This circumstance may be particularly relevant for applications that were submitted in person.

16.8% of the applications—nearly 200,000 cases—were submitted in person at designated offices of the Post Office, Social Security, and the Immigration Office.

That type of documentation subsequently requires certain administrative steps to be properly entered into the system.

Specifically, the management directive published in July expressly calls for tasks such as registering the case file with the Central Registry of Foreign Nationals and verifying the data entered into the system.

That is why two people who were diagnosed on the same day may currently be at completely different stages.

4. The Immigration Office is awaiting reports from the police or the courts

This is one of the most important technical points.

To complete the regularization process, the Administration must perform certain verifications.

The Royal Decree stipulates that the Processing Unit must, on its own initiative, obtain:

• information from the Central Registry of Convicted Offenders;
• information from European Union databases;
• a police report on the applicant.

The regulation stipulates that these reports must be issued within a specified time frame, but in practice, the case depends on the necessary information being properly included before a decision can be made.

Therefore, a file that appears to be complete may remain pending simply because these verifications are still being conducted or incorporated.

5. Criminal record: The case requires an individual assessment

It is important to distinguish between a criminal record and a police record or police incidents.

The Royal Decree expressly states that the mere existence of a criminal record in a police report should not, in and of itself, result in an automatic denial.

In such cases, the government must conduct a case-by-case, detailed assessment to determine whether the individual truly poses a threat to public order, public safety, or public health.

This means that certain cases cannot be resolved through a virtually automatic review and require a more in-depth analysis.

What can you do?

If you know that you have a history of arrests, police proceedings, expunged records, or similar situations, it may be advisable to have a lawyer review your record before you receive a potential denial.

6. You have a criminal record that is eligible for expungement

There is another specific situation here.

The regulation stipulates that criminal records eligible for expungement in Spain will not be taken into account, but adds that, if such records exist, the person concerned must request their expungement before the decision is notified.

Therefore, if you find yourself in this situation, you shouldn’t just sit back and wait.

You may need to check:

• What exactly is the background?;
• if they can already be canceled;
• whether the cancellation has been requested;
• and whether any documentation needs to be submitted to the case file.

7. Problems with the criminal record certificate from the country of origin

This is one of the situations that can significantly prolong a proceeding.

Many people have had difficulty obtaining criminal background checks from their countries of origin, especially when these documents must be obtained abroad, legalized, apostilled, or translated.

In fact, civil society organizations have reported difficulties obtaining documents from certain countries, and recently there have been renewed reports of problems in obtaining official documents from countries such as Venezuela, Nicaragua, and Cuba.

The Royal Decree even established a specific procedure for cases in which a person had requested a criminal record certificate from their home country and had not received it within one month.

In such cases, under certain conditions, the Spanish government may attempt to obtain it through diplomatic channels. When this happens, the proceedings may be suspended for up to three months.

This is very important because it means that:

You may have filed it more than three months ago, and, legally speaking, the deadline for a decision may not have passed yet.

8. You have received a request for documentation

Another major reason why a case may remain pending is a request for corrective action.

A request for additional information means that the Administration considers that documentation is missing, that a document is insufficient, or that clarification is needed before a decision can be made.

After the application deadline on June 30, 383 post offices remained open until September 30, 2026, specifically to allow applicants to correct errors in their applications.

Examples of issues that can lead to requirements include:

• incomplete documentation;
• documents that do not allow the applicant to be properly identified;
• a missing page in the passport;
• problems related to a criminal record;
• insufficient evidence of continuous residence;
• data errors;
• failure to provide proof of meeting the relevant specific requirement;
• problems with family documentation.

Attention

A request is not a denial.

This means you still have the opportunity to complete or correct the file.

However, it must be answered correctly and within the specified time frame.

9. Difficulties in proving five months of residence in Spain

To qualify for extraordinary residence status, applicants must have resided in Spain continuously for the five months prior to filing the application and must have been in Spain before January 1, 2026.

Residency may be proven by any means of evidence admissible under the law, provided that the documents allow for the identification of the individual.

The problem arises when the tests:

• leave unjustifiably long gaps;
• are not dated correctly;
• are registered in someone else’s name;
• do not clearly identify the applicant;
• or contradict other information in the file.

In these cases, the Immigration Office may require additional documentation before making a decision.

10. The application must meet the work, family, or vulnerability requirement.

Individuals who applied for extraordinary residence permits had to meet, in addition to the general requirements, at least one of the conditions set forth in the Royal Decree.

Among them:

Work

Have worked in Spain or provide proof of intent to work through a job offer or, for self-employment, the corresponding affidavit.

Family unit

To remain in Spain as part of a family unit that meets the criteria set forth in the regulations.

Vulnerability

Provide proof of a situation of vulnerability by submitting the corresponding certificate issued by authorized agencies or entities.

If the documentation provided to demonstrate any of these circumstances raises questions, the case file may require further review.

11. Your application for legalization was filed together with family members

The Royal Decree allows certain family members living in the same household to apply for authorization at the same time.

But there is one important detail: those requests must be processed simultaneously.

Therefore, if documentation is missing for one of the family members, there is a pending request, or a member of the household requires additional verification, this may affect the time it takes to process the entire application.

This problem is particularly evident in some cases involving minors.

For example, organizations that work directly with migrant families have recently pointed out cases in which the legalization of minors is complicated by the need to obtain authorizations or documents from the other parent residing abroad.

12. There may be an issue with the notifications

There is a situation that causes a lot of confusion:

The case may be moving forward even though you personally haven’t received anything.

According to official information regarding the process, subsequent communications should preferably be made through the same channel used for the initial submission.

In addition, when a representative is appointed, notifications are sent to the representative.

That’s why it’s a good idea to check:

• who filed the case;
• which email address was provided;
• what address is on file;
• if there is a representative;
• if there is a pending notification;
• whether it was filed through an attorney, an agent, an association, or a union.

Failing to check notifications properly can lead a person to believe that “Immigration hasn’t done anything,” when in fact there is a request awaiting a response.

13. You submitted more than one application, or there is duplicate information

During the process itself, the Ministry had already noted that the initial figures might contain duplicates or other factors that needed to be corrected.

A duplicate record does not necessarily mean that this is the specific reason for a delay, but it may require the government to verify which file should be processed and what the person’s actual administrative status is.

A similar situation may arise when there are previous immigration proceedings that interfere with the new application.

That is why, when a case remains stalled for much longer than others filed around the same time, it is worth checking the person’s complete immigration history.

14. You had another pending residency application

The extraordinary regularization process was not intended for individuals who already held certain authorizations or who were in the process of obtaining, renewing, extending, or modifying them.

The regulations expressly establish certain conflicts of interest.

In addition, the Ministry itself explained that those who had already applied for authorization based on ties to the country or other exceptional circumstances did not need to file a new application: the previous case would continue to be processed.

If parallel proceedings were filed or there are doubts about which one should have been processed, it may be necessary to review the case file individually.

15. Cases are not necessarily resolved in chronological order

This point is especially frustrating.

It is entirely possible that:

You submitted your application in April, but someone else who submitted theirs in May has already received a decision.

That alone doesn’t prove that there’s a problem with your file.

Each case may be pending a different review, a report, a correction, or an internal administrative action.

In addition, the processing of cases has been distributed among different units and immigration offices specifically to try to speed up the processing of the enormous volume of applications.

Therefore, comparing only the submission date with that of another person can lead to erroneous conclusions.

It’s been more than three months: does that mean my application for legalization has been denied?

This is probably the most important point in the entire article.

Legally, the Royal Decree stipulates that, if the maximum period of three months has elapsed without a decision being notified, the application may be deemed to have been denied due to administrative silence.

But be careful:

Administrative silence does NOT constitute an express denial

On July 22, 2026, the General Directorate of Immigration Management had to issue a specific interpretive guideline to clarify precisely this issue.

The document explains that implied administrative rejection is a legal construct that allows the interested party to file an appeal in the absence of a response from the government.

It doesn’t mean that an official has reviewed your file and decided to deny it.

The Administration remains obligated to issue an explicit decision.

Can I keep working if three months have passed and I still haven’t received a decision?

If you have already received the notice of the initiation of the proceedings that provisionally authorizes you to reside and work, the answer is especially important:

Yes, that authorization doesn’t just disappear just because three months have passed.

The official policy of the General Directorate of Migration Management states that provisional authorization remains in effect until an explicit decision is issued.

The document clearly distinguishes between two situations.

If you have already received the notice of initiation

You may continue to reside and work on a provisional basis even if there has been administrative silence.

Authorization is revoked upon an express decision to deny the application, not simply upon the expiration of three months.

If you haven’t yet received the notice of commencement

Silence allows you to resort to it, but you do not yet have that provisional authorization derived from communication.

The Administration itself has indicated that it remains obligated to process the matter and that it must subsequently issue both the corresponding notice and the decision.

So, what can I do if my case is still pending?

There is no single answer. It depends on the exact status of the case.

If three months have not yet passed

The priority is usually:

Check the status of the file, review notifications, ensure that there are no pending requests, and verify that the documentation has been submitted correctly.

It doesn’t always make sense to take legal action simply because someone else has received a response before.

If there is a requirement

You must carefully review what the government is requesting and respond within the specified time frame.

You shouldn’t send out documents indiscriminately.

A poorly prepared correction may create new problems or even prevent the Immigration Office from deeming an essential requirement to have been met.

If important documentation is missing and you can still provide it

Through September 30, 2026, Correos will maintain offices specifically designated for in-person corrections as part of the special process.

This does not mean that everyone should submit additional documentation “just in case.”

Before doing so, it is a good idea to assess whether there really is a shortcoming that needs to be corrected.

If three months have already passed, can I file an appeal?

Yes.

When an implied administrative denial occurs, the option to file the corresponding appeal to a higher authority becomes available.

In fact, the official guidelines from the General Directorate of Migration Management expressly mention this possibility.

Law 39/2015 provides that, when the decision is not expressly stated, an appeal to a higher authority may be filed at any time beginning on the day following the date on which the effects of administrative silence take effect.

But this doesn’t mean that taking immediate action is always the best strategy.

It depends, among other things, on:

• how much time has passed;
• if the deadline was suspended;
• if there is a requirement;
• if you already have a provisional license;
• if the case presents any difficulties;
• and whether there are reasons to call for a decision to be made more urgently.

That is why it is advisable to review each case before deciding whether to wait or to appeal.

Will filing an appeal prompt the Immigration Office to resolve the matter immediately?

Not necessarily.

This remedy allows one to take legal action in response to the government’s failure to respond and to demand that the request be reviewed, but it does not guarantee an immediate decision.

Law 39/2015 itself also establishes a maximum time limit for resolving an appeal to a higher authority.

That is why the decision to file an appeal must be analyzed strategically based on each person’s specific circumstances.

Have the appeals against the regularization brought the cases to a standstill?

No.

In 2026, legal challenges were filed against Royal Decree 316/2026, but the Supreme Court refused to grant a preliminary injunction to suspend the regularization process.

In July, he once again rejected the call to halt the project.

Therefore, the fact that your case remains pending cannot be explained simply by saying that “a judge has halted the regularization process, ” because the procedure is currently still in effect.

Should I be concerned if my case is still “pending”?

Not necessarily.

At this point, there are thousands of applications that have gone through very different processing times.

The most telling statistic is that the program received nearly 1.2 million applications, even though it had initially been designed based on an estimate of around 500,000. The government even had to bring in extra staff later on to help process the applications.

Therefore:

“Pending” does not mean “denied.”

But it’s also not a good idea to completely ignore the procedure.

The key is to understand why your specific case is still being processed.

How to Tell If the Delay in Your Case Is Normal or Needs to Be Reviewed

There are certain situations in which we recommend paying special attention:

• It has clearly been more than three months, and you don’t know if the deadline was extended.
• You submitted your application in April or May, and you still haven’t even received the notification that the process has begun.
• Other family cases have been resolved, but yours hasn’t.
• You have received a notice that you don’t understand.
• Do you think you submitted incomplete documentation?
• You have a police or criminal record.
• You have previously been subject to a deportation or removal order.
• You previously filed another immigration application.
• There are errors in your name, passport, NIE, or personal information.
• You don’t know who’s receiving your notifications.
• You submitted your application in person and are unable to verify its status properly.
• It seems like there hasn’t been any progress on your case for quite some time.

In any of these cases, a legal review of the case file can help identify problems before they lead to an unfavorable outcome.

What are we seeing right now in September 2026?

As of the date of this article’s update, September 8, 2026, favorable rulings continue to be issued, but there are also pending requests and cases.

Organizations assisting applicants have reported, even during the first few days of September, that requests for family documentation and documents from abroad continue to be made.

As of the date of this update, we have not found a new official national tally published after the one released on July 2 that details how many of the 1,174,978 cases have already been definitively resolved.

That is why it is wise to be skeptical of figures circulating on social media if their source is not clearly indicated.

Frequently Asked Questions About Pending Files for the 2026 Regularization Process

Why did my friend apply after me and already have a green card?

Because cases are not necessarily processed strictly in the order they are filed. One case may require additional reports or verification, while another may be completely ready for resolution.

It’s been three months. Has my application been denied?

The mere passage of time does not constitute an express denial.

A constructive administrative denial occurs, which allows for an appeal, but the Administration remains obligated to issue an explicit decision.

Can I work after three months?

If you received the notice of initiation acknowledging your provisional authorization, you may continue working as long as there is no explicit decision denying your application. The General Directorate of Immigration Management officially clarified this on July 22.

How long do they have to resolve the issue?

The maximum time limit is three months from the day following the date on which the application is entered in the registry of the competent authority, although the calculation may be suspended in certain cases.

What happens if the Immigration Office asks me for documents?

You must respond to the request correctly within the specified time frame. You will not necessarily receive a decision until the issue has been resolved.

Can I submit new documents even if I have already completed the regularization process?

The deadline for submitting new applications was June 30, but there is a subsequent phase for correcting errors in applications that have already been submitted. Correos is keeping certain offices open specifically for this purpose until September 30, 2026.

Can I file an appeal if they don’t respond?

Yes. Once administrative silence has occurred, one may consider filing an appeal to a higher authority. In cases of deemed decisions, Law 39/2015 allows such an appeal to be filed starting the day after the effects of administrative silence take effect.

Is your application for extraordinary regularization still pending?

Every case is different.

At Martínez Caballero Abogados, we can review the status of your 2026 extraordinary regularization application, check the status of the proceedings, analyze any potential requirements or issues, and assess whether it is advisable to wait, correct any documentation, or file an appeal against administrative silence.

If several months have passed since you submitted your application for regularization and you don’t know why you haven’t received a decision yet, there’s no reason to just sit and wait without knowing what’s happening with your case.

You can schedule a consultation with one of our immigration attorneys to review your case and determine the best course of action based on your situation.

Diana Caballero Aguirre
CEO – Founding Partner
Martínez Caballero Abogados