Sheet 64 - Work Authorization for Foreign Prisoners on Open Regime or Conditional Release

* 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
  • Basic regulations
  • Requirements
  • Exigible documentation
  • Procedure

TYPE OF AUTHORISATION

It is the case that the decision of the competent prison authority of classification of third degree or the Order of the Supervisory Judge granting such classification or conditional release has validity of authorization of employment for employed persons, under certain circumstances, for the development of work activities in open regime or conditional release.

BASIC REGULATIONS

  • Organic Law 4/2000, of 11 January, on the rights and freedoms of foreigners in Spain and their social integration (articles 31.5, 36.1, 57.2).
  • Agreement of the Council of Ministers Minister approving the Instructions of 1 July 2005, determining the procedure for authorizing the development of work activities by foreign inmates in the productive workshops of penitentiaries, and the exercise of work activities by foreign inmates on an open or parole basis.

REQUIREMENTS

    • The prisoner must prove one of the following conditions:
  • Be at the moment of conviction in a situation of residence or stay for studies.
  • Be at the time of conviction or at the time of the resolution of the competent prison authority of classification in third degree or Order of the Supervisory Judge by which it agrees such classification or the granting of conditional release, in one of the cases for obtaining a authorization of temporary residence for exceptional circumstances.
    • Be at the time of conviction or at the time of resolution of the competent prison authority of third-degree classification or order of the Supervisory Judge by which such classification or the granting of conditional release is agreed, in one of the cases for obtaining long-term residence.

EXIGIBLE DOCUMENTATION

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

    • Full copy of the passport, registration card or travel document in force.
    • Resolution of the competent prison authority of classification in third degree, or Order of the Supervising Judge by which such classification or the granting of conditional release is agreed.
  • Documentation proving that the prisoner at the time of conviction was in a situation of residence or stay for studies; or that at the time of conviction or classification in third degree or conditional release he met the conditions for obtaining residence for exceptional circumstances or long duration.

PROCEDURE

  • The competent prison authority shall transmit to the Delegation or Subdelegation of the Government of the province in which the Penitentiary Centre is located, and to the General Directorate of Migration Management, its decision, or the Order of the Supervising Judge, for the purpose of examining the file on granting the validity of work authorization.
  • In addition, the competent prison authority shall transmit the complete copy of the passport, registration card or travel document in force and, where appropriate, other documentation.
  • Resolution time: 3 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 dismissed by administrative silence.
  • The granting of validity of work authorization of the decision of the competent prison authority or of the order of the Supervisory Judge, will have full effects in terms of affiliation, discharge and social security contributions.
  • The granting of validity of work authorization will not by itself, in any case, grant the status of foreign resident.
  • The concession of validity of work authorization will have an initial maximum duration of six months and until the date of completion of the sentence, the prisoner being able to request its successive renewal to the Delegation or Subdelegation of the Government that granted the initial validity.