Sheet 36 - Authorization of temporary residence and work by circumst excep. for collaborating with autor.adm.no police. against networks

* 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 AUTHORISATION 

It is a residence and work authorization for exceptional circumstances that may be obtained by foreign persons who are irregularly present in Spain and who are collaborating with non-police administrative authorities and who are victims, injured or witnesses of an act of illicit trafficking in human beings, illegal immigration, exploitation of labour or illicit trafficking in labour or sexual exploitation in prostitution.

BASIC REGULATIONS 

  • Organic Law 4/2000 of 11 January on the Rights and Freedoms of Foreigners in Spain and their Social Integration (article 59).
  • 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 142, 143 and 145 to 147).

PROCEDURE 

  • The non-police administrative authority, with which the foreign person who is a victim, injured or witness of the act of illicit trafficking in human beings, illegal immigration, labour exploitation or illicit trafficking in labour or sexual exploitation in prostitution is collaborating, will send a report on such collaboration to the body that investigates the file sanctioning, in order to propose to the Delegate or Subdelegate of the Government the exemption of responsibility of the foreign person for violation of article 53.1.a of Organic Law 4/2000, of 11 January (found irregularly in Spanish territory).
  • The Delegate or Subdelegate of the Government of the province in which the sanctioning file on aliens was opened or issued shall decide on the exemption from liability and the temporary suspension of such file, and inform the foreign person of the possibility of applying for residence and work authorization or assisted return to his country of origin.

AUTHORIZATION OF RESIDENCE AND WORK 

Note: in general, copies of the documents must be provided and the originals must be displayed at the time of submitting the application. 

  • The application shall be accompanied by the following documentation: 
  • Copia del pasaporte completo, o documento de viaje, en vigor, de la persona extranjera. If applicable, this document will be replaced by registration card, in force.
  • Where applicable, public document granting legal representation in favour of the natural person making the request.
  • Sujeto legitimado para presentar la solicitud: la persona extranjera personalmente o a través de representante.

Information sheet on legitimated subjects. 

  • Place of presentation: 
  • In person, before the corresponding police unit for foreigners, and addressed to the Secretary of State for Security.

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

  • 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 the foreign person. 

The subscription form can be downloaded from this page.

  • The Government Delegation or Subdelegation shall forward the application to the Secretariat of State for Migration for resolution, attaching a report, which, if favourable, determines the granting of the provisional authorization of residence and work.
  • The provisional authorization granted will be notified to the interested party by the Government Delegation or Subdelegation and will imply the possibility of working as an employed or self-employed person in any occupation, sector of activity and territorial scope.  
  • Within one month of notification of the concession, the foreign person must personally apply for the alien identity card at the competent Police Station or police services of his/her place of residence. This card will state that its holder is authorized to reside and work in Spain, but not its provisional nature or its status as a collaborator in actions against organized networks.

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 

  • The alien identity card will be renewable on an annual basis and until a decision on the final authorization is issued.
  • The favourable resolution, where applicable, of the definitive authorization of residence and work will be valid for five years, will imply the possibility of working as an employed and self-employed person in any occupation, sector of activity and territorial scope and requires the need to process, within a month from the concession, a new Foreigner Identity Card.
  • The decision to refuse, if applicable, the definitive authorization, will imply the loss of validity of the provisional authorization.

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. 

ASSISTED RETURN 

  • Without prejudice to what the competent authorities in the framework of the investigation against organized networks may determine about the necessary permanence in Spanish territory, the foreign person, once declared the exemption of responsibility, may request the assisted return to his country of origin, before the Delegation or Subdelegation that had determined the exemption of responsibility and addressed to the Secretariat of State for Migration.  
  • Assisted return shall include pre-departure assessment of risks and safety, transport, as well as assistance at the point of departure, transit and destination.