There are many types of residence permits to stay in Spain. However, the residency for humanitarian reasons is one of the most special, as it is only granted in very particular cases, and it is essential to meet a series of important conditions.
In this article, we will explore what you need to apply for this residence permit, and analyze all situations wherein you can obtain it. You will even find a step-by-step process so that you can do it easily.
The humanitarian reasons residency is an authorization intended for foreign nationals who have developed serious illnesses, are victims of certain crimes, or have had an application for international protection (asylum) denied.
The purpose of this permit is to provide support to foreigners who are at risk due to conflicts in their country of origin or whose fundamental rights would be in danger if they were to return to that place.
It has an initial validity of one year. As its expiration approaches, its extension may be requested for successive periods of one year, provided that the humanitarian circumstances that motivated its granting persist.
The extension can be requested within two months prior to the expiration date, or up to three months later (in the latter case, with the possibility of administrative sanction).
There is a relevant exception, and that is that when the authorization was granted due to a serious illness that occurred in Spain, the extension is granted for successive periods of one year as long as it is necessary to complete the medical treatment, without a predetermined limit.
If the affected person is a minor, the authorization can also be extended to the parent or guardian who is with them in Spain and is responsible for their care.
So, if you are currently in this situation, do not hesitate to contact us. We will be happy to help and advise you on everything you may need.
How is it different from asylum?
Asylum recognizes refugee status for those who flee their country due to political, religious, ethnic, or social persecution, and gives access to a stable residence and work permit.
Residence for humanitarian reasons is different: it is an exceptional authorization for people in vulnerable situations, victims of certain crimes, seriously ill people, and people at risk if they return to their country, and is granted temporarily and is renewable.
In some cases, it can be requested precisely after an asylum request has been denied.
What rights and benefits do you have on humanitarian grounds?
Rights granted on humanitarian grounds include being issued a documented identity (Foreigner Identity Card or “TIE”). Thus, individuals are entitled to a one-year, renewable residence and work permit, applicable for both self-employment and employment.
This work authorization is automatic and requires no additional procedures; it is not limited by geographic area or sector of activity (Art. 131 of Royal Decree 1155/2024).
They also have access to free legal assistance and an interpreter, on par with Spanish citizens. Other rights encompass receiving medical care and accessing free public education, subject to the same conditions as Spanish nationals.
Moreover, individuals lacking financial resources are eligible to receive housing and social services for a designated period, ensuring their basic needs are met in dignified conditions.
Can you work with the residence for humanitarian reasons?
Yes. The residence authorization for humanitarian reasons automatically entails a work authorization, both employed and self-employed, without limitation of geographical scope or sector of activity (art. 131 RD 1155/2024).
What are the humanitarian reasons for granting this permit?
With the aim of protecting the individual and ensuring their well-being, the residence permit may be granted in certain cases, but a series of requirements and rules must always be met. It is not feasible to consider any situation as a humanitarian reason to access this residency.
In this case, the legislation outlines the conditions that allow a person to apply for this authorization. So, pay attention to the following points if you think this is a topic of interest to you:
Imminent danger
Those whose return to their country of origin or place of origin represents an imminent threat to their safety or that of their family may apply for humanitarian residency. It is important to note that they must meet the requirements established to obtain temporary residence or residence and work authorization.
For family reasons
Similarly, those who are declared victims of crimes related to violent behavior within the family environment through a court decision have the possibility to apply for humanitarian residency.
Due to serious illness
Likewise, individuals affected by a serious illness that arises unexpectedly and requires specialized medical attention, inaccessible in their country of origin, may opt for this permit. It is crucial to demonstrate that the interruption or absence of such medical care could pose a significant risk to health or life.
To prove it, it is necessary to provide a clinical report issued by the corresponding health authority. If the affected person is a minor, the authorization can be extended to the parent or guardian who is with them in Spain and is responsible for their care.
Worker Rights
The first scenario is that the applicant proves to be a victim of a crime classified in articles 311 to 318 (crimes against workers’ rights), 510 (hate crimes), 511.1 and 512 (discriminatory denial of benefits or services) of the Penal Code.
Some of these crimes include illegal labor trafficking, deceit through false job offers, severe discrimination, use of violence and intimidation, imposition of harmful working conditions, and employment without proper authorization.
Free exercise of personality
The next recognized cause for requesting this residency is being a victim of crimes motivated by racial, religious, ethnic, nationality, gender, or sexual orientation reasons, as well as by illness or disability.
Relatives of women victims of gender or sexual violence
When a foreign woman is a victim of gender violence or sexual violence and is processing her own authorization due to exceptional circumstances, the regulations allow residency for humanitarian reasons to also be granted to her sons and daughters, including those of legal age with disabilities or who do not. They can take care of themselves for health reasons, the minors under guardianship and their first-degree ascendants.
What requirements must be met to proceed with the application?
It is advisable to consult with a lawyer specialized in immigration matters to determine if your situation falls within any of the scenarios mentioned above.
Once the applicant’s situation has been clearly identified, the following requirements must be met to apply for this type of residency:
- The applicant must be a non-EU citizen, meaning they cannot be a national of a European Union member state, the European Economic Area, or Switzerland. They cannot be a family member of citizens from these countries subject to the Union citizen regime
- The foreigner must have no criminal record in Spain or in their previous countries of residence for offenses classified under Spanish law
- They must not be prohibited from entering Spain or be listed as inadmissible in the territorial space of countries with which Spain has corresponding agreements
- You must not be within the commitment period of non-return to Spain, if you have previously taken advantage of a voluntary return program to your country of origin.
Necessary documentation
To apply for residency for humanitarian reasons, you need:
- Application form on official model EX-10.
- Complete copy of the valid passport, registration card or valid travel ticket.
- Criminal record certificate from the countries where you have resided in the last five years.
- Documentation that proves the specific humanitarian assumption: judicial resolution (victims of crime), official clinical report (serious illness) or documentation that proves the risk of your transfer (imminent danger).
Foreign documents must be presented translated by a sworn translator and legalized or apostilled.
Step by step application procedure
- Submit the application in Spain. This authorization cannot be processed from abroad: you must request it personally (or through your legal representative) while already in Spanish territory.
- Choose the channel: in person at the Immigration Office of your province, or electronically through the Mercurio electronic headquarters.
- Pay the fee (form 790, code 052) within ten business days from admission for processing.
- Wait for the resolution. The legal period is three months from presentation. If there is no response, the request is considered rejected due to administrative silence.
- Request the TIE. If they grant it to you, you have one month from the notification to request your Foreigner Identity Card at the corresponding Police Station.
At Immigration Spain, we believe in inclusivity, respect, and treating others with dignity. If we can help someone understand their rights and situation better, we will surely do what we can to help.
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