Is an employment contract required for extraordinary regularisation?
No, it is not necessary, as it can be replaced by a sworn statement. The sworn statement regarding employment is a key element of the application for a residence permit on grounds of established ties, and its importance lies in how it changes the approach to the process.
What exactly is it?
It is a document included in the application in which the foreign national declares, on their own responsibility, that:
- They have a job offer, or
- They are going to carry out work (either self-employed or employed by another)
It does not require, at that stage, all the traditional employment documentation (such as a signed, definitive contract), but rather anticipates the genuine intention to work.
Why has this declaration been introduced?
The main reason is to adapt the system to the reality of many people in an irregular situation:
- Many are already working in the informal economy
- Or have job opportunities they cannot formalise without papers
- Or are dependent on lengthy processes to finalise a formal contract
Requiring a full contract from the outset created a ‘vicious circle’: without papers there is no contract, and without a contract there are no papers. The sworn statement breaks this deadlock.
What does this tool offer in practice?
- It streamlines the administrative procedure
- It reduces barriers to access for regularisation
- It allows for the assessment of potential labour market integration, not just formal employment
- It introduces a criterion of administrative trust, based on the applicant’s good faith
Responsibility and control
This is not a symbolic formality. As it is a sworn declaration:
- It has legal validity
- It obliges the applicant to comply with what has been declared
- It may entail consequences if proven to be false
This maintains the balance between administrative flexibility and legal certainty.
Please contact us for further information at www.regularizacionextraordinaria2026.org or via email
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