Sheet 32 - Temporary residence authorization for exceptional circumstances for humanitarian reasons

* The content of this page is for guidance only. Only the provisions of the regulations in force at the time of submission of the application are applicable. 

Last Updated: May 2025

Index of contents 

  • Type of Authorization
  • Basic regulations
  • Requirements
  • Exigible documentation
  • Procedure
  • Extension
  • Authorization of work for someone else
  • Documentation required on behalf of others
  • Authorization of self-employment
  • Documentation required on its own account

TYPE OF AUTHORISATION 

It is an authorization of temporary residence for exceptional circumstances that may be granted for humanitarian reasons to foreign citizens in an irregular situation in Spain at the time of the application.

BASIC REGULATIONS 

  • Organic Law 4/2000, of 11 January, on the rights and freedoms of foreigners in Spain and their social integration (article 31.3).
  • Law 12/2012, of 26 December, on urgent measures to liberalize trade and certain services.
  • Royal Decree 1155/2024, of 19 November, approving the Regulations of Organic Law 4/2000, of 11 January, on the rights and freedoms of foreigners in Spain and their social integration (articles 124, 128 and 130-132).

REQUIREMENTS 

  • Not to be a citizen of a State of the European Union, of the European Economic Area or of Switzerland, or a family member of citizens of these countries to which the regime of citizen of the Union applies.
  • Lack of criminal records in Spain and in its previous countries of residence, during the last five years, for crimes existing in the Spanish legislation.
  • Not to appear as rejectable in the territorial space of countries with which Spain has signed an agreement in this regard.
  • Not to be found, where appropriate, within the commitment period of no return to Spain that the foreigner has assumed when voluntarily returning to his country of origin.
  • Cases in which an authorization may be granted for humanitarian reasons, its accreditation being necessary:
  • Foreign persons to whom the holder of the Ministry of the Interior has authorized the stay in Spain in one of the following cases:  
  • In accordance with the provisions of articles 37.b) and 46.3 of Law 12/2009, of 30 October, regulating the right of asylum and subsidiary protection.
  • To foreign displaced persons in accordance with the regulations on temporary protection in the event of a mass influx of displaced persons.
  • In the cases provided for by the regulations of development of Law 12/2009, of 30 October.
  • In the case of a foreign person victim of a crime typified in articles 311 to 318 , 510, 511.1 and 512 of the Criminal Code: crimes against the rights of workers and crimes committed in the exercise of the fundamental rights and public freedoms guaranteed by the Constitution.
  • In the case of a foreign person victim of crimes in which the aggravating circumstance of commission has occurred on racist, anti-Semitic or other grounds of discrimination concerning the ideology, religion or beliefs of the victim, the ethnicity, race or nation to which he belongs, his sex or sexual orientation, or the disease or handicap that he suffers.
  • In the case of a foreign person who is a victim of crimes due to violent conduct in the family environment, provided that a judicial decision has been handed down to end the judicial procedure establishing the status of victim.
  • When the foreign person suffers from a serious illness in Spain that requires specialized health care, not accessible in their country of origin, and that the fact of being interrupted or not receiving it poses a serious risk to health or life. To prove this, a clinical report issued by the corresponding health authority will be necessary. In the case of minors, this authorization may be extended, to the parent or guardian of the same who is with the minor in Spain at the time when the illness occurs and is responsible for it.
  • When the transfer to the country from which they originate or come, for the purpose of applying for the relevant visa, involves a danger to their safety or that of their family and they meet the other requirements for obtaining a temporary authorization of residence or residence and work.

EXIGIBLE DOCUMENTATION 

Note: in general, copies of the documents must be provided and the originals must be displayed at the time of submitting the application. 

  • Full copy of the passport in force, registration card or travel title in force, recognized as valid in Spain.
  • Criminal record certificate issued by the authorities of the country or countries in which you have resided during the last five years prior to entry into Spain.
  • Documentation accrediting the humanitarian circumstances, which will be:  
  • If you are a victim of any of the above-mentioned crimes, a court order terminating the judicial procedure establishing the status of victim.
  • If you suffer from acquired disease or are a foreign minor displaced for medical treatment, clinical report issued by the relevant health authority.
  • Foreign persons whose transfer to their country involves a danger to their safety or that of their family must contribute:  
  • Documentation proving that your transfer involves a danger to your safety or that of your family.
  • Documentation proving that you have financial means and health insurance or meet the requirements to obtain a residence and work authorization r for an employed or self-employed person, which you can apply for simultaneously with the application for residence authorization for exceptional circumstances.

Important note: when documents are provided from other countries they must be translated into Spanish or co-official language of the territory where the application is submitted by a sworn translator.  

List of sworn translators. 

On the other hand, any foreign public document must be previously legalized by the Consular Office of Spain with jurisdiction in the country in which the document has been issued or, where appropriate, by the Ministry of Foreign Affairs, European Union and Cooperation except in the case where the document has been apostilled by the competent authority of the issuing country in accordance with the Hague Convention of 5 October 1961 and unless the document is exempt from legalization under the International Convention.

Information on translation and legalization of documents. 

PROCEDURE 

  • Subject legitimated to submit the application: the foreign person personally, or his legal representative or person who provides support in the event of being a minor or a person with disabilities.

Information sheet on legitimated subjects. 

  • Place of presentation:  
  • Presencialmente, en la Oficina de Extranjería de la provincia en la que la persona extranjera tenga fijado el domicilio.  

Address information, telephone numbers and hours of service to the public. 

  • Corresponding fee: it will accrue at the time of submission of the application, and must be paid within ten working days:
  • Form 790 code 052, section 2.3.2. (a) “authorization of temporary residence for exceptional circumstances for humanitarian reasons (except victims of crimes of art. 128.2 RD 1155/2024), collaboration with authorities, national security or public interest, or processed on the basis of DA 2ª RD 1155/2024”: to be paid by the foreign person.  

The form for the subscription can be downloaded from this page. 

  • Deadline for the resolution of the application: three months from the day following the date on which it entered the register of the competent body for processing. Once this period has elapsed without the Administration having made the notification, it may be understood that the application has been dismissed by administrative silence. (When it has not been possible to notify the resolution, it will be announced in the Single Bulletin Board (TEU). If you have opted for electronic notification or if you are legally obliged to use that medium, the resolution will be notified by publication in the electronic headquarters. If the resolution is not accessed within ten calendar days of its publication, it will be given as notified). 
  • Within one month of notification of the granting of the temporary residence permit due to exceptional circumstances, the alien must personally apply for the alien identity card at the competent Police Station or police services in his/her place of residence.  

The documentation to be provided in the application for the alien identity card can be consulted at the following link:  

https://sede.administracionespublicas.gob.es/procedimientos/index/categoria/34 

  • The authorization granted will be valid for one year.  
  • The granting of the temporary residence permit due to exceptional circumstances will entail an authorization to work for oneself or others in Spain without limitation of geographical scope and occupation during the term of the permit, except that granted to persons who have not reached the minimum age of admission to work.

EXTENSION 

  • The authorization of temporary residence for exceptional circumstances for humanitarian reasons, as well as its extensions, will be valid for one year without prejudice to the specificities established in the regulations on international protection.
  • In the case of foreign persons who demonstrated that they suffered from a serious illness, the residence permit will be valid for one year and may be extended for successive periods of one year whenever necessary to complete the treatment.
  • Foreign persons may request the extension, during the two months prior to the expiration date of their authorization. It may also be requested within three months of the date on which the authorization ended, without prejudice to the possibility of the corresponding sanctioning procedure being initiated.

WORK AUTHORIZATION FOR EMPLOYED PERSONS 

EXIGIBLE DOCUMENTATION 

Note: in general, copies of the documents must be provided and the originals must be displayed at the time of submitting the application. 

  • Copy of the complete passport, travel certificate or registration card with a minimum validity of one year.  
  • Copy of the application for residence due to exceptional circumstances or, where applicable, of your concession or alien identity card.
  • Copy of the documentation accrediting the training and, where appropriate, the professional qualification legally required for the exercise of the profession, as well as the homologation and/or recognition for the exercise of the profession in the case of regulated professions in Spain
  • Documentation that identifies the company:  
  • If it is an individual entrepreneur: copy of the NIF or NIE, or consent to check identity data through the Identity and Residence Data Verification System.
  • If it is a legal person (S.A., SL, Cooperative, etc. ): copy of the NIF of the company and copy of the deed of incorporation duly registered in the corresponding Registry and NIF or NIE of the signer of the contract or consent to check the identity data through the Identity and Residence Data Verification System.
  • Signed employment contract indicating that it will enter into force from the moment in which, once the authorization is granted, it is registered in the Social Security.
  • Accreditation that the company guarantees the necessary solvency. You will be able to present: declaration of income tax, or VAT, of Corporate Tax, or the Working Life of the Company (VILE) report. Likewise, a descriptive memory of the occupation to be carried out must be provided.  

If the employer is a natural person, he must prove, once the payment of the agreed salary has been discounted, 100% of the IPREM if there are no dependants.

If the family unit includes two members, 200%. If the family unit includes more than two people, 50% of the IPREM for each additional member must be added to the previous amount.

SELF-EMPLOYMENT AUTHORIZATION 

EXIGIBLE DOCUMENTATION 

Note: in general, copies of the documents must be provided and the originals must be displayed at the time of submitting the application. 

  • Copy of the complete passport, travel certificate or registration card with a minimum validity of one year.  
  • Copy of the application for residence due to exceptional circumstances or, where applicable, of your concession or alien identity card.
  • Copy of the documentation accrediting the training and, where appropriate, the professional qualification legally required for the exercise of the profession, as well as the homologation and/or recognition for the exercise of the profession in the case of regulated professions in Spain.
  • In retail commercial activities and provision of the services listed in the Annex to Law 12/2012, which are carried out in permanent establishments, whose useful surface area is equal to or less than 750 square meters, responsible declaration or prior communication (in the terms of article 69 of Law 39/2015) and, where appropriate, proof of payment of the corresponding tax.  
  • In the other activities and benefits of professional services, list of authorizations or licenses required for the installation, opening or operation of the planned activity or for the professional exercise, indicating, the situation in which the procedures for its achievement are found, including, where appropriate, the application certifications before the corresponding bodies.
  • Copy of the documentation that proves to have the training and, where appropriate, the professional qualification legally required for the exercise of the profession, as well as the homologation and/or recognition for the exercise of the profession in the case of regulated professions in Spain.
  • Accreditation that sufficient economic investment is available, or commitment of support from financial institutions or others.
  • Project of establishment or activity to be carried out, with indication of the expected investment, its expected profitability and, where appropriate, jobs expected to be created.  

By way of example and regardless of their justification by other means admissible in law, the last two extremes can be accredited by the valuation report issued by one of the following organizations:

  • National Federation of Employers' and Self-Employed Workers' Associations (ATA)
  • Union of Professionals and Self-Employed Workers (UPTA)
  • Intersectoral Confederation of Spanish Self-Employed Persons (CIAE)
  • Organization of Professionals and Self-Employed Persons (OPA)
  • Union of Associations of Self-Employed Workers and Entrepreneurs (UATAE)