Living in Spain

Sheet 35 - Authorization of temporary residence and work of foreign women victims of gender violence

* 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
  • Basic regulations
  • Requirements
  • Exigible documentation
  • Procedure

TYPE OF AUTHORISATION 

This is a authorization of temporary residence and work due to exceptional circumstances, both provisional and definitive, which may be obtained by foreign women, regardless of their administrative situation, who have been victims of gender violence in Spain, as well as one of the following family members who are in Spain at the time of the complaint:

  1. Minor children, minors under guardianship or guardianship, older children with a disability requiring support, or older children who are not objectively able to provide for their own needs due to their state of health, may obtain a temporary or permanent residence and work authorization.  
  1. Ascendants in first degree and direct line may obtain a temporary residence permit for residence and work, only of a definitive nature, for humanitarian reasons. 

The authorization of temporary residence and work due to exceptional circumstances, both provisional and definitive, will enable its holders to reside and work for an employed and self-employed person, in any occupation or sector of activity, when they reach the age determined by the labor and social security regulations. 

BASIC REGULATIONS 

  • Organic Law 1/2004 of December 28, on Comprehensive Protection Measures against Victims of Gender Violence.
  • Organic Law 4/2000 of 11 January on the Rights and Freedoms of Foreigners in Spain and their Social Integration (article 31 bis).
  • Regulation of Organic Law 4/2000, approved by Royal Decree 1155/2024, of 19 November (articles 133 to 136).

REQUIREMENTS 

  • Accredit a situation of gender violence against a foreign woman in the following cases:
  • From the moment when a protection order is issued on their behalf, by the competent judicial authority in the context of criminal proceedings.
  • When a report from the Department of Public Prosecutions is issued in its favour indicating the existence of indications of gender-based violence.
  • In the event that a document proving victim status is extended in his favor in accordance with the provisions of the regulations on protection against gender violence (qualifying title or common model).  

For the purposes of the enabling title or common model, you can consult the information published by the Government Delegation against Gender Violence at the following link:

https://violenciagenero.igualdad.gob.es/informacion-3/acreditacion/ 

  • A female victim of gender-based violence may apply, simultaneously or at any time during the criminal proceedings and subsequently, for a residence or residence and work authorization, provisional or definitive, for the following family members, provided that they are present at the time of the complaint in Spain and demonstrate the family link:
  • Minor sons or daughters.
  • Minors under guardianship or guardianship. 
  • Older children or daughters with a disability who require support.
  • Older children or daughters who are not objectively able to provide for their own needs due to their state of health.
  • In the case of their ascendants in first degree and direct line, they will be able to access a temporary residence and work authorization, only of a definitive nature, for humanitarian reasons, provided that they are at the time of the complaint in Spain and demonstrate the family bond.
  • For the definitive granting of the authorization of temporary residence due to exceptional circumstances , the criminal procedure shall be concluded with a conviction or with a judicial decision indicating that the woman has been a victim of gender violence, including the filing of the case for the accused ' s whereabouts unknown or the provisional dismissal for expulsion of the accused.
  • Pay the corresponding fee for the processing of the procedure.

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. 

NOTE: Both the provisional (if any) and the final (initial) authorization must be requested separately, each with its corresponding form and procedure (except in the case that the final authorization is requested directly. Form EX-10 lists the type of application differently from the “initial” (definitive) and “provisional” legends.

  • Copy of the full passport, travel document or registration card, in force, of the applicant.
  • Where applicable, document granting representation in favour of another person to make the request.
  • Where applicable, documentation accrediting the family link.
  • Copy of documentation proving to be a victim of gender violence. You can justify it by providing the following documentation:
  • Protection order or report of the Public Prosecutor or document proving victim status in accordance with the regulations on protection against gender-based violence (qualifying title or common model).  

With this documentation, a provisional authorization of residence and work will be granted. The authorization will be definitively resolved when the criminal process ends, for which the documentation indicated in the following point must be provided.

  • Sentence of conviction or judicial decision ending the criminal proceedings which establishes that the woman has been victim of gender violence, including the filing of the case because the accused is unaccounted for or the provisional dismissal for expulsion of the accused.  

In this case, definitive authorization of residence and work. 

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 translation and legalization of documents. 

PROCEDURE 

  • Subject legitimated to submit the application: the foreign woman or her representative personally.

Information sheet on legitimated subjects. 

  • Place of presentation:  
  • In person, at the Aliens Office of the province where the foreign woman has the domicile.

Address information, telephone numbers and hours of service to the public. 

  • Deadline for submission:
  • If the criminal procedure has not been completed: the request for provisional authorization can be submitted at any time provided that the protection order or the report of the Public Prosecutor has been denounced and obtained or, where appropriate, when the situation is proven by means of a document accrediting the status of victim in accordance with the regulations on protection against gender violence (qualifying title or common model).  
  • If the criminal proceedings have been concluded: the time limit for submission is six months from the notification of the conviction, the judicial decision to the effect that the woman has been the victim of gender violence, the filing of the case because the accused was unaccounted for or the provisional dismissal for expulsion of the accused.
  • Corresponding fee: it will accrue at the time of submission of the application, and must be paid within ten working days:  
  • Form 790 Code 052, section 2.3.2.b) “Initial authorization of foreign women victims of gender violence, foreign victims of sexual violence, through collaboration against organized networks and foreign victims of trafficking in human beings, as well as victims of the crimes set forth in art. 128.2 RD 1155/2024”: to be paid by foreign women. 

The subscription form can be downloaded from this page.  

  • Time limit for resolution and notification of the application: the authorization of temporary residence and work due to exceptional circumstances of foreign women victims of gender violence will be processed on a preferential basis. After three months of non-response, the application shall be deemed to have been rejected.

Granting of provisional authorization of residence and work: 

  • Once the application for authorisation has been submitted together with the documentation provided for, the competent authority shall grant ex officio a provisional authorisation of residence and work in favour of the applicant and, where appropriate, in favour of her sons and daughters.
  • The provisional authorisation shall be effective from the moment it is granted. Its validity will be conditioned to the granting or denial of the definitive authorization.
  • Within one month of the concession, the holder of the authorization must personally request the identity card of a foreigner at the competent Police Station or police services of his place of residence.  

This card, which will have annual validity, will certify that its holder is authorized to reside and work in Spain, but not its provisional nature or its status as a victim of gender violence.  

In the event that the provisional authorisation has been granted as a result of the presentation of the supporting document provided for in the regulations on gender violence (qualifying title or common model), the applicant will have to attach a copy of the complaint at the time when the first application for renewal of the TIE is presented.

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 

Granting of definitive authorization of residence and work: 

  • Once the criminal proceedings have been concluded, the Department of Public Prosecutions shall, within one month, inform the Aliens Office and the Police Station concerned of the following:  

(1) With a conviction or judicial decision establishing that the woman has been a victim of gender-based violence, two circumstances may arise:

  1. If the foreign woman is holder of a provisional residence and work authorization, the provisional authorization shall be extinguished and the competent authority shall grant a residence and work authorization for exceptional circumstances and, where appropriate, the corresponding authorizations in favour of the sons and daughters and ascendants described.

The definitive authorization of residence and work due to exceptional circumstances will be granted and notified within a maximum period of twenty days from the date on which the Aliens Office is informed of the judgment or judicial decision.

  1. If the foreign woman had not requested the provisional authorization of residence and work, she may apply for an authorization of temporary residence and work for exceptional circumstances in her favour, as well as in favour of the sons and daughters.

It has a period of six months from the date on which it has been notified of the judgment, or judicial decision for the presentation of the request or requests.

  • The granting of a residence and work permit for exceptional circumstances shall entail the archiving of the sanctioning procedure that may exist with the foreign woman who is the victim of gender-based violence for violation of article 53.1.a). of Organic Law 4/2000, of January 11 (to be found irregularly in Spanish territory).
  • The duration of the authorisation shall be five years. 
  • Within one month of notification of the granting of the residence permit due to exceptional circumstances, the foreign woman must personally apply for the identity card of a foreigner and, where applicable, that of her family members, at the competent Police Station or police services in her place of residence.

This card will certify that the holder is authorized to reside and work in Spain, but not his/her status as a victim of gender violence.  

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 

(2) With a non-condemnation judgement or judicial decision that does not deduce that the woman has been victim of gender violence, the following circumstances apply:

  • If the foreign woman is holder of a provisional authorization of residence and work, the provisional authorization of residence and work will be denied, as well as the authorizations requested in favor of the relatives.
  • The automatic loss of effectiveness of the authorization of residence and work due to exceptional circumstances will mean the beginning or continuation of the sanctioning procedure suspended for violation of article 53.1.a). of Organic Law 4/2000, of January 11 (to be found irregularly in Spanish territory).