The question of how cases involving migrants with criminal records or ongoing police investigations will be handled has become one of the most heated topics in the discussion about Spain’s large-scale new legalization initiative for foreigners. For many residents, this is far more than a bureaucratic detail—it’s about the future of neighbors, colleagues, and even family members. The government’s decisions could change the fate of thousands and shape the atmosphere in Spanish cities.
According to the draft plan, migrants with outstanding convictions will be automatically excluded from the legalization process unless their records can be cleared. However, for those who appear only in police databases or have been investigated but not convicted, the situation remains unclear. The final decision will rest with the local immigration office, which will rely on police reports and assess whether the individual poses a threat to public order, safety, or health.
Legal uncertainty
Lawyers and associations specializing in migration issues insist on clear definitions. They demand that a threat to public order should only be grounds for refusal if it is truly serious and current. The examples experts provide illustrate just how vague these criteria can be: minor street vending, falsifying documents to obtain work, or an old, insignificant offense—none of these should automatically lead to denial of legal status.
Current legislation and the new regulation adopted in 2024 already mention the need to protect public order. In practice, this often results in a very strict interpretation: even minor police records or old petty offenses can be cause for a negative police evaluation and, consequently, refusal of a residence permit. Lawyers emphasize that the concept of threat remains too vague, leaving officials broad room for subjective decisions.
Debates and proposals
Experts see an attempt to change the approach to risk assessment in the text proposed by the government. On the one hand, the requirement of no criminal record is meant to protect the interests of Spanish citizens. On the other, it highlights the need to consider the vulnerability of people facing difficult life circumstances. This is a signal for immigration authorities: overly strict standards should not be applied when reviewing legalization applications.
Special attention is paid to the so-called ‘state of necessity.’ If a person committed an offense for survival reasons, it should not automatically bar them from legalization. Legal experts emphasize that such cases require an individual approach rather than a blanket denial. During discussions, suggestions have been made to clarify which offenses are considered a serious threat and which are not.
Practical challenges
Since the announcement of the new legalization process, lines have formed at Spanish consulates and embassies with foreigners seeking to obtain a certificate of no criminal record from their home country. This is a mandatory requirement: to be eligible for legalization, applicants must prove that they have not had any criminal convictions in Spain or in any other country of residence for the past five years.
However, the process of obtaining documents is often delayed. The draft law includes mechanisms to ease this requirement: if a foreigner can prove they requested the certificate but have not received a response within a month, Spanish authorities can request the information from foreign agencies themselves. If this also fails, a personal declaration of no criminal record will suffice. This approach aims to prevent bureaucratic delays from becoming an obstacle to legalization.
Unanswered questions
It remains unclear how such personal statements will be verified and whether this could lead to new disputes between migrants and officials. Lawyers fear that even with all documents in order, the decision may depend on the subjective judgment of a migration officer. In some cases, a refusal can be appealed in court, but this requires time and resources that not everyone has.
In recent years, Spain has already faced similar situations. After previous regularization waves, many foreigners complained about arbitrary refusals and lengthy proceedings. Now experts hope that the new rules will be more transparent and fair, but the final criteria are still to be determined.
In recent years, Spain has repeatedly revised its approach to legalizing foreigners. In the 2020s, similar initiatives were discussed as thousands of migrants tried to obtain residence permits, facing bureaucratic hurdles and ambiguous decisions. Then, as now, the key issue remained the interpretation of threats to public order and the role of police reports. As a result, some applicants achieved legalization only through the courts. New changes in laws and regulations continue to spark debate among lawyers, officials, and migrants themselves, as well as impact public opinion and migration policy.
