Temporary residence for women who are victims of gender-based violence

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What is residence for women who are victims of gender-based violence?

Residence for women who are victims of gender-based violence is an authorization that can be granted to foreign women who are in Spain without regular immigration status and have suffered abuse.

This authorization also covers their minor children or children who are legally incapacitated.

What are the requirements to apply for temporary residence in Spain as a woman who is a victim of gender-based violence?

The requirements to apply for temporary residence in Spain as a woman who is a victim of gender-based violence are:

• Not be a citizen of the European Union
• Have reported being a victim of gender-based violence and provide either a protection order or a report from the Public Prosecutor’s Office confirming that there are sufficient grounds to consider her a victim of gender-based violence.

For the authorization to be granted definitively, the criminal proceedings must end with a conviction or a court decision from which it can be inferred that the woman was a victim of gender-based violence.

Who must submit the application for temporary residence on exceptional grounds for women who are victims of gender-based violence?

A foreign national who is a victim of gender-based violence may submit the application for temporary residence on exceptional grounds to the Immigration Office responsible for her place of residence.

She may submit the application for temporary residence once a protection order has been issued or she has obtained a report from the Public Prosecutor’s Office.

If the criminal proceedings have concluded, the application may be submitted once 6 months have passed since the court decision establishing that she is a victim of gender-based violence.

What is the application process for residence on grounds of gender-based violence?

After the application for residence on grounds of gender-based violence is submitted, and until a final decision is made, the foreign national will receive provisional residence and work authorization. This authorization takes effect when it is granted and remains valid until the criminal proceedings end or the residence authorization is refused or granted.

This provisional authorization will be valid for 1 year.

Once the criminal proceedings have concluded, if there is a conviction or a court decision establishing that the woman was a victim of gender-based violence, the definitive authorization will be granted within 20 days and will be valid for 5 years.

The foreign national must apply for her Foreigner Identity Card (TIE) within one month.

Can foreign women who are victims of gender-based violence work with temporary residence authorization?

Yes. Temporary residence authorization for foreign women who are victims of gender-based violence allows them to work. Both provisional and definitive authorization permit self-employment or employment in any occupation, activity or geographical area.

What happens to the temporary residence authorization for women who are victims of gender-based violence if the court issues an acquittal?

If it cannot be established that gender-based violence occurred, the application for temporary residence on exceptional grounds for women who are victims of abuse will be refused, and sanction proceedings will be initiated because the person is in Spain without regular immigration status. These proceedings may result in an expulsion order.