Sheet 38 - Authorization of temporary residence and work for exceptional circumstances of foreign persons victims of trafficking in human beings

* 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
  • Procedure
  • Authorization of residence and work
  • Assisted return
  • Family reunification of the victim’s children who are not in Spain

TYPE OF AUTHORISATION 

It is a temporary residence and work authorization for exceptional circumstances that may be obtained by foreign persons victims of human trafficking.

BASIC REGULATIONS 

  • Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration (article 59 bis).
  • 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 148-155).

PROCEDURE 

  • The police unit that has identified the foreign person as a victim of human trafficking will raise (ex officio, at the request of a party or by order of the Government Delegate or Subdelegate), within the maximum period of forty-eight hours and subject to the consent of the victim, proposal on the granting of the period of restoration and reflection to the Government Delegation or Subdelegation of the province where the identification was made.  
  • In the case of granting the period of restoration and reflection, the resolution will include the duration of the period, which will be at least ninety days, the suspension of the sanctioning procedure, and will authorize the stay of the foreign person for the duration that has been determined for it.
  • The Delegate or Subdelegate of the Government may determine ex officio on the basis of the personal situation of the victim, or at the request of the authority with which the victim of trafficking in human beings is collaborating in the investigation of the crime or criminal procedure, the exemption of responsibility of the foreign person , for being found irregularly in Spanish territory.
  • Determined the exemption of responsibility, the Delegate or Subdelegate of the Government will inform the foreign person of the possibility of requesting authorization of residence and work for exceptional circumstances, addressed to the holder of the Secretary of State for Security or the Secretary of State for Migration, depending on whether the motivation lies, respectively, in the collaboration of the victim in the investigation of the crime or in his personal situation.

This provision will be extended, if requested by the victim to:

  • his sons and daughters under the age of guardianship, those over that age who have a disability that requires support, or those over that age who are not objectively able to provide for their own needs due to their state of health
  • their ascendants in the first degree and direct line, to whom a temporary residence permit will be issued for humanitarian reasons

These relatives must be found in Spain at the time of the identification of the victim. 

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: 
  • Copy of the complete passport, or travel certificate, in force of the foreign person. 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.

However, the Government Delegation or Subdelegation may exempt from the contribution of those documents whose obtaining poses a risk to the victim.

  • 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 Government Delegation or Subdelegation that determined the exemption of responsibility.

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 Delegation or Subdelegation shall transmit the request to the competent bodies for resolution, attaching a report on the administrative and personal situation of the foreign person and on the meaning of the resolution.
  • The favourable report of the Delegation or Subdelegation shall entail the granting of the provisional authorization of residence and work, which shall be notified to the person concerned and shall involve the possibility of employment or self-employment in any occupation, sector of activity and territorial area, and shall be effective from the time of notification of its granting and until a final decision is given on the application for authorization made.
  • Within one month of notification of the concession, the alien 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 

  • The alien identity card will be renewable on an annual basis and until a decision on the final authorization is issued.
  • The favorable resolution, where appropriate, of the definitive authorization of residence and work will be valid for five years, will imply the possibility of working as an employed or self-employed person in any occupation, sector of activity and territorial scope and requires the need to process, within one month of the concession, a new alien identity card.
  • The refusal resolution, if applicable, of the definitive authorization, will imply the loss of validity of the provisional authorization. In this case, the ownership of the provisional authorization may not be invoked in order to obtain the status of long-term resident or Spanish nationality.

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 

  • The foreign person may request the assisted return to his/her country of origin, at any time since reasonable grounds are assessed on his/her possible status as a victim of human trafficking, without prejudice to the fact that the competent authorities in the framework of the investigation of a crime or criminal procedure, could determine his/her necessary stay in Spanish territory.  
  • The application may be submitted to any of the authorities competent in the procedure and addressed to the Secretariat of State for Migration.  
  • Assisted return will include pre-departure assessment of risks and safety, transport, as well as assistance at the point of departure, transit and destination.

FAMILY REUNIFICATION OF THE VICTIM’S CHILDREN WHO ARE NOT IN SPAIN 

It will facilitate the family reunification of minor sons and daughters, minors under guardianship, or those over that age who have a disability that requires support or those over that age who are not objectively able to provide for their own needs due to their state of health that are not found in Spain at the time when the exemption of responsibility of the victim is declared. The provisions of Organic Law 4/2000 of 11 January on family reunification will be complied with, although the victim of trafficking will be exempted from the obligation to provide proof of sufficient means of living, requirement of prior residence and provision of adequate housing.