Temporary Residence Authorization for Exceptional Circumstances on Humanitarian Grounds

[toc]

What is temporary residence authorization for exceptional circumstances on humanitarian grounds in Spain?

 Temporary residence on humanitarian grounds is an exceptional authorization to reside in Spain granted to:

• Foreign nationals who are victims of offences against workers’ rights, offences involving any form of discrimination, or domestic violence offences.
• Foreign nationals who develop a serious illness requiring medical care that is not available in their country of origin and who would suffer serious harm to their life or health if they did not receive or had to interrupt that care.
• Foreign nationals who can show that returning to their country of origin would pose a threat to their safety or that of their family, and who meet the requirements to apply for a residence authorization or a residence and work authorization.

What are the requirements for applying for temporary residence authorization for exceptional circumstances on humanitarian grounds in Spain?

The requirements for applying for temporary residence authorization for exceptional circumstances on humanitarian grounds in Spain are:

1. You must not be a citizen of an EU Member State.
2. You must have no criminal record in Spain or in your country of origin for offences defined as crimes under Spanish law.
3. You must not be subject to an entry ban in Spain or be listed as inadmissible in countries with which Spain has an agreement to that effect.
4. You must not be within the period during which you are prohibited from returning to Spain.

What is the procedure for obtaining temporary residence authorization for exceptional circumstances on humanitarian grounds in Spain?

The foreign national must apply for the authorization in person at the Immigration Office responsible for their place of residence, submitting a copy of their passport, a criminal record certificate and documents proving that they meet one of the circumstances described in the previous section.

The application must be decided within three months.

If no express decision is issued on the application, it is deemed to have been refused under the rules on administrative silence.

If the documents are incomplete, the foreign national will be asked to submit the missing documents within one month.

If the application is approved, the foreign national must apply for a Foreigner Identity Card (TIE) within one month.

Can you work with temporary residence authorization for exceptional circumstances on humanitarian grounds?

Yes. You can apply for work authorization either at the same time as the residence application or while it is in force.

How long is temporary residence authorization for exceptional circumstances on humanitarian grounds valid for?

The initial validity period of temporary residence authorization for exceptional circumstances on humanitarian grounds is one year. It may be extended for the same period if the circumstances that led to its approval continue to apply.

It may also be replaced with a residence authorization or a residence and work authorization.

Is temporary residence on exceptional grounds for humanitarian reasons the same as a humanitarian visa?

Yes. A humanitarian visa is the same as temporary residence on exceptional grounds for humanitarian reasons.