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 that is valid for one year, and as its expiration approaches, it is possible to apply for a regular residence permit or residence and work permit, except for minors receiving medical treatment. In this latter case, the Spanish residence for humanitarian reasons will be extended for the time necessary to complete the treatment.
However, exceptions may also occur, where Spanish legislation contemplates the granting of temporary residence if it is the only way to preserve life and personal or family integrity for humanitarian reasons.
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.
What does it mean to be granted residency for humanitarian reasons?
Firstly, it is necessary to clarify what residence for humanitarian reasons entails, as it is common to think that any situation can be classified as a humanitarian reason, which is incorrect.
In reality, it is a temporary residence permit granted to some individuals in exceptional situations.
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.
What rights 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.
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.
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.
Worker Rights
The first scenario is that the applicant demonstrates being a victim of a crime against workers’ rights, specifically those contemplated in articles 311 to 315, 511.1, and 512 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.
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
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.
Get in touch with our lawyers and let us guide you step by step:
