Living in Spain

Sheet 34 - Temporary residence permit by circumst. except. For public interest or collaboration with the Labor Administration

* 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
  • Requirements
  • Exigible documentation
  • Procedure
  • Authorization of work for someone else
  • Documentation required on behalf of others
  • Procedure (account of others)
  • Authorization of self-employment
  • Documentation required on its own account
  • Procedure (own account)

TYPE OF AUTHORISATION 

It is a temporary residence permit for exceptional circumstances which may be granted in collaboration with administrative authorities or in the public interest.

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).
  • 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 criminal records in Spain and in the countries where he has resided for the last five years, for crimes existing in the Spanish legislation.
  • 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.  
  • There are reasons of public interest that justify the granting of the authorization. 
  • Collaborate with the labor administration, certifying to the Labor and Social Security Inspectorate that they have been working in an irregular situation for a minimum period of six months in the two years prior to the beginning of the collaboration.

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 relevant administrative authority, to establish the reasons justifying the public interest.
  • In the case of collaboration with the labor authority: certify before the Labor and Social Security Inspectorate, by any means of proof, that you have been working in an irregular situation for a minimum period of six months in the two years prior to the beginning of the collaboration.

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.
  • It may also be initiated ex officio by the labour authority in the event of collaboration with the labour administration.
  • 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.

  • Electronically, in the General Electronic Registry of the General State Administration (REGAGE), formerly known as the Common Electronic Registry (REC) of Red SARA., directed to the General Directorate of Migration.
  • Residence 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 Bulletin 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). 
  • In the event that it is in the public interest, the holder of the General Directorate of Migration Management will grant a residence permit of one year. 
  • In the event of collaboration with the labour authority, the person holding the Government Delegation or Sub-Delegation may grant a one-year residence permit, which shall enable him to work as an employed person and on his own account. 
  • 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 

  • At the end of the validity of the authorization, the interested party may request authorization of residence or residence and work if he/she meets the requirements for that purpose, for information you can consult the information sheet corresponding to the authorization requested.
  • In the event of a public interest, the foreign person may request, personally, the corresponding authorization to work simultaneously with the application for residence for exceptional circumstances or during the period of its validity.

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 four months.

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.

PROCEDURE (AUTHORIZATION OF WORK ACCOUNT OF OTHERS) 

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

The form for the subscription can be downloaded from this page. 

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. 

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:

PROCEDURE (AUTHORIZATION OF WORK OWN ACCOUNT) 

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

The form for the subscription can be downloaded from this page. 

  • 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.  
    • Subject legitimated to submit the application: the foreign person personally, or his legal representative in the event of being minor or incapable.
    • Place of presentation:  
    • In person, in the Immigration Office of the province in which the domicile is established.  
    • Fee for work authorization: provided that the work authorization has a duration equal to or greater than six months, it will accrue at the time of admission to the processing of the application, and must be paid within ten working days:
    • Model 790 code 062, heading 3.2.1. “Work Authorization for Initial Authorization of Temporary Residence of Employed Persons”: to be paid by the employer.
    • 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 Bulletin 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). 
    • Copy of the complete passport, travel certificate or registration card in force .
    • 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. 
    • 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)
    • Subject legitimated to submit the application: the foreign person personally, or his legal representative in the event of being minor or incapable.
    • Place of presentation:  
    • In person, in the Immigration Office of the province in which the domicile is established.  
    • Fee for work authorization: provided that the work authorization has a duration equal to or greater than six months, it will accrue at the time of admission to the processing of the application, and must be paid within ten working days:
    • Form 790 code 062, heading 3.3.1 “work authorization for initial authorizations of temporary residence of self-employment”: to be paid by the foreign person.  
    • 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 Bulletin 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).