For personalized legal advice and to address your concerns, please contact Fernanda Vargas via WhatsApp or book an appointment through Calendly. In this article, we provide an in-depth guide on the changes and continuities in immigration law following the 2026 early elections. Read on to find out which regulations remain in force, which reforms are on hold, and how ongoing procedures—such as arraigo, regularization under RD 316/2026, renewals, and asylum—are affected.
What Happened: Dissolution of the Cortes and the November 29, 2026 Elections
The Royal Decree 806/2026, issued on October 5 and published in the BOE on October 6, dissolved the Cortes elected on July 23, 2023, and called for general elections on November 29, 2026. This early electoral move resets the legislative agenda, meaning pending initiatives must be restarted in the new legislature. Additionally, the election campaign is scheduled from November 13 to 27, while the newly constituted Chambers of Parliament will take office on December 23, 2026.
Caretaker Government: What It Can and Cannot Do (Art. 21, Law 50/1997)
During the caretaker period, the government is limited to managing only the “ordinary affairs of public administration”, as set forth in Article 21 of Law 50/1997. This means that no new legislative proposals or major fiscal projects, such as the General State Budget, can be introduced, and legislative delegations are put on hold. These restrictions ensure that the administration focuses on maintaining the status quo without venturing into new reforms, including those affecting immigration law.
Reforms on Hold: The New Asylum Law and Immigration Law Reform
Recent efforts to modernize Spain’s immigration legislation, including the draft for a new Asylum Law and the reform of Organic Law 4/2000, have been suspended following the dissolution of the Cortes. These proposals, which had received a first reading approval by the Council of Ministers on August 25, 2026, were intended to align national law with the new European Migration and Asylum Pact. Similarly, plans to expedite asylum processes in Ceuta through a special decree have been halted. All such pending initiatives will have to be reintroduced in the upcoming legislative session.
What Remains in Force: Organic Law 4/2000, RD 1155/2024 Regulations, and RD 316/2026
Despite the political changes, several key legislative instruments remain fully operational. Organic Law 4/2000 continues to provide the foundational framework, while the Immigration Regulation set out by RD 1155/2024, along with the modifications introduced by RD 316/2026, remain in force. Although the Supreme Court annulled specific provisions in its July 2026 sentences, the overall regulatory framework is stable, ensuring consistency in ongoing migration procedures.
The European Migration and Asylum Pact: Applicability from June 12, 2026
One of the most significant changes is the direct application of EU regulations under the European Migration and Asylum Pact, which became effective on June 12, 2026. This means that these EU norms are applied immediately, regardless of changes in national legislation. The Pact enhances cross-border cooperation through clearer protocols for return procedures and establishes common standards, although specific exceptions such as those for unaccompanied minors still apply under separate rules.
Unaccompanied Minors: RD 2/2025 Remains in Force
The Royal Decree-Law 2/2025, which reformed Article 35 of the Immigration Law to manage the mandatory distribution of unaccompanied minors during migration contingencies, continues to be in effect. This measure is crucial for ensuring that unaccompanied minors receive coordinated protection and appropriate care, reflecting the ongoing governmental commitment to the welfare of vulnerable groups.
Asylum Today: Law 12/2009 Remains Applicable
Despite proposals for updates, Law 12/2009 remains the cornerstone of Spain’s asylum framework. This continuity means that asylum procedures continue to function under a well-established legal regime, providing much-needed stability and predictability to applicants while awaiting potential legislative refinements in the future.
What Happens to My Procedure: Arraigo, Regularization, Renewals, and Nationality
The most common concern among migrants is the fate of ongoing procedures. Whether you are dealing with arraigo, regularization under RD 316/2026, permit renewals, or nationality applications, it is important to note that all these processes continue to be regulated by the current legal framework. This provides assurance that your case is not adversely affected by the political changes and that existing procedures will carry on as normal.
Timeline: Election Campaign, New Cortes, and Potential Changes in 2027
The political calendar is punctuated by critical dates: the election campaign, the general elections on November 29, and the formation of the new Cortes on December 23, 2026. Looking ahead to 2027, potential modifications to immigration laws and other related regulations are expected as priorities shift with the new government. Keeping an eye on these dates is essential for anyone navigating current and future migration processes.
Frequently Asked Questions
- What happens to ongoing procedures? Applications such as arraigo, regularization, renewals, and nationality remain governed by the current regulations.
- Can the caretaker government introduce reforms? No, under Article 21 of Law 50/1997 the government is only allowed to handle ordinary administrative matters until the new Cortes are constituted.
- How does the European Pact affect national law? EU regulations are applied directly from June 12, 2026, ensuring immediate implementation of common migration and asylum standards.
- Which laws remain unchanged? Law 12/2009 on asylum, Organic Law 4/2000, and the regulations set by RD 1155/2024 and RD 316/2026 are still fully operative.
In summary, while political changes and paused reforms might signal upcoming adjustments in Spanish immigration law, the core legal framework remains intact for the time being. For any specific inquiries or detailed guidance, please contact Fernanda Vargas via WhatsApp or book an appointment through Calendly. We are here to support you!