Sheet 33 - Authorization of temporary residence by circumst. surplus in collaboration with law enforcement, prosecutorial, judicial or national security authorities

* 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 to foreign citizens who are in Spain and collaborate with police, fiscal, judicial authorities or for reasons of national security in matters unrelated to the fight against organized networks.

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 129 to 131).

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 a criminal record in Spain and in its countries where it has resided during the last five years prior to the date of entry into Spain, for crimes provided for in the Spanish legal system.
  • 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 deadline of commitment not to return to Spain.  
  • Collaborate with police, fiscal or judicial authorities, or obtain national security reasons that justify the granting of the 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 full passport, travel document or registration card in force.
  • 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.
  • Report of the corresponding headquarters of the Security Forces and Bodies of the State or Autonomous Community, or the Fiscal or Judicial Authority to prove the reasons justifying the request.

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 the translation and legalization of documents. 

PROCEDURE 

  • Subject legitimated to submit the application: the foreign person personally, or his legal representative in the event of being minor or incapable.

Information sheet of legitimated subjects. 

  • Place of presentation:  
  • In person, in the Immigration Office of the province in which the domicile is established.  

Information of the address, telephones and hours of attention to the public.

  • The authority with which the alien collaborates may request the competent body to grant the residence permit.
  • 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, heading 2.3.2.a) “initial authorization 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 subscription form 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 rejected by administrative silence. (When it has not been possible to notify the resolution it will be announced in the Single Edictal 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, the foreign person 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 residence permit may be extended for exceptional circumstances provided that it is determined by the competent authorities that the reasons for granting it remain. The extensions will be valid for one year.
  • Only in the event that the authorities conclude that the reasons for the concession have ceased, the holders, at the end of the validity of the authorization, may request authorization of residence or residence and work.
  • The alien may request, personally, the corresponding authorization to work simultaneously with the application for residence for exceptional circumstances or during the period of validity of the application.

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 report of the working life of the company (VILE). 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 full passport, travel certificate or valid registration card.
  • 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 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 the sufficiency of the investment foreseen for the implementation of the project and on the incidence, where appropriate, in the creation of employment, including as such self-employment. 

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

  • 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)