New EU Regulation on Return of Immigrants: What Companies with Foreign Workers Must Do in 2026

Key data

If your company hires foreign workers, this regulation affects you directly. The Regulation (EU) 2026/2280, published on October 15, 2026, establishes a single legal framework for the return of nationals of third countries in irregular situations throughout the European Union. As it is a regulation and not a directive, it enters into force directly in all Member States—including Spain—without the need for any national implementing law.

This has an immediate consequence for companies: immigration procedures are standardized at the European level, and Spanish authorities must adapt their actions to the new framework. The margin for national interpretation that existed under the previous Directive 2008/115/CE disappears.

What does this regulation establish?

Regulation (EU) 2026/2280 repeals and replaces three previous norms that regulated the return of immigrants in irregular situations in the EU:

• Directive 2008/115/CE — the so-called «Return Directive», which was the main norm until now
• Directive 2001/40/CE — on mutual recognition of expulsion decisions
• Council Decision 2004/191/CE — on criteria and practical measures to compensate for financial imbalances between Member States

The new regulation regulates in a unified manner the following key aspects:

The change from directive to regulation is not a minor technical detail: it means that there is no room for Spain to adapt or soften the rules. What the European regulation says is what applies, uniformly in all 27 Member States.

Economic and operational impact

For companies, the main impact is not direct (the regulation regulates the actions of authorities, not companies), but it does generate relevant indirect operational and legal risks:

• Greater rigor in immigration controls: As procedures are standardized at the European level, more systematic and homogeneous application of return rules can be expected, which may translate into more inspection activities on companies hiring foreign workers.
• Risk of worker loss: Employees in irregular situations who are subject to return procedures can cause unexpected absences, with the associated replacement and training costs.
• Corporate responsibility: Spanish regulations on hiring foreigners without work authorization already establish sanctions for companies. An environment of greater European control may intensify labor inspections.
• Compliance cost: Companies with high turnover of foreign personnel will need to invest in more rigorous and systematic document verification processes.

The most exposed sector is any company with high hiring of foreign workers, especially in activities with greater presence of workers from third countries.

Who does it affect?

• Companies with workers from non-EU countries — especially those with high turnover or temporary hiring
• Sectors with greater presence of non-EU workers: hospitality and food service, construction, agriculture and livestock, logistics and transport, domestic work and care services
• HR departments and hiring managers who manage documentation of foreign employees
• Labor advisors and management firms that process registrations and contracts of foreign workers
• Spanish immigration authorities, which must adapt their procedures to the new European framework
• Immigrants from third countries in irregular situations in Spain and the rest of the EU

Practical example

A hospitality company in Barcelona with 25 employees, of which 8 are nationals of non-EU countries (Morocco, Ecuador, Senegal), must verify that all of them have valid and proper work authorization.

With the new Regulation (EU) 2026/2280, if one of those workers were in an irregular situation and subject to a return procedure, the company could face:

• An unexpected absence with need for urgent replacement
• An inspection by the Labor Inspectorate that detects irregular hiring
• Administrative sanctions for hiring foreigners without authorization, according to current Spanish regulations

Preventive action is straightforward: conduct a document audit of all non-EU employees, verify the validity of their residence and work permits, and establish an alert system for upcoming renewals.

What should companies do now?

1. Audit the documentation of all non-EU employees: Verify that each worker from a non-EU country has valid residence and work authorization. It is not enough to have checked it at the time of hiring.
2. Establish an expiration alert system: Create a calendar of permit renewals to anticipate expirations. An expired permit automatically puts the worker in an irregular situation.
3. Review hiring processes: Ensure that the HR department or external management firm has a clear protocol to verify administrative status before formalizing any contract with a national of a third country.
4. Inform affected workers: Communicate to non-EU employees the importance of keeping their documentation in order and facilitate the renewal process when necessary.
5. Consult with an immigration law specialist: Given that Spanish authorities must adapt their procedures to the new European framework, it is advisable to have updated advice on the procedural changes being implemented.

Official source

Consult complete regulation in official source

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://eur-lex.europa.eu/./legal-content/AUTO/?uri=OJ:L_202602280