Sheet 16 - Temporary residence authorization with the exception of work authorization

* The content of this page is merely indicative. 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 Excepted activities and their accreditation
  • Extension

TYPE OF AUTHORISATION 

It is the recognition of the exception of the work authorization in the performance of a certain lucrative, work or professional activity, provided that the expected duration of the activity is greater than ninety days natural. 

In the event that the foreign person is not resident in Spain and the expected duration of the activity is not more than ninety calendar days, he must request, regardless of his nationality, the corresponding stay visa before the Spanish Diplomatic Mission or Consular Office in whose demarcation he resides. You will be processed for a short-term stay visa proving that you meet the conditions for inclusion in the cases described below.

BASIC REGULATIONS 

  • Organic Law 4/2000, of 11 January, on the rights and freedoms of foreigners in Spain and their social integration (article 41).
  • 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 88 and 89).

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 those countries to which the Union citizen regime applies.
  • Not to be found irregularly in Spanish territory.
  • Lack of criminal record 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 term of commitment of no return to Spain that the foreign person has assumed when voluntarily returning to his country of origin.
  • Do not pose a threat to public order, safety or public health.
  • The accreditation of being found in any of the cases of exception of the work authorization.
  • Pay the fee for the processing of the proceedings.

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.

  • Application form in official model (EX -09), duly completed and signed by the foreign person or his legal representative in case of being a minor.
  • Documentation related to the worker:
  • Full copy of the passport, travel certificate or registration card with a minimum validity of one year.
  • Documentation accrediting the case of exception to the work authorization.
  • A criminal record certificate issued by the authorities of the country of origin or the country or countries in which you have resided during the last five years.
  • Medical certificate.

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

  • Place of presentation:
    • If the procedure is initiated from Spain:
      • In person, at the Aliens Office of the province where the activity begins.
      • Telematically, through the electronic headquarters of the Ministry of Territorial Policy and Democratic Memory (Mercurio).

  • Corresponding fee: it will accrue at the time of submission of the application and must be paid within ten working days:

    • Model 790 code 052, heading 2.1.4. “Initial temporary residence authorization with the exception of the work authorization”: to be paid by the foreign person

      The subscription form can be downloaded from this page.

  • Deadline for the resolution of the request:
    • If the application starts from Spain: Two 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 silenceo.  (When it has not been possible to notify the resolution it will be announced in the Single Edictal 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). 

    • If the application is submitted to the Consular Office: 15 days. After this period has elapsed and no reply has been received, the application may be deemed to have been dismissed by administrative silence.

  • Once the residence visa has been granted with the exception of the work permit, the visa must be collected by the applicant within one month of notification. If you do not do so, it will be understood that you have waived the visa granted, and the procedure will be filed.
  • Once the visa has been collected, the foreign person must enter Spanish territory within the period of validity of the visa, which will not exceed three months. If the authorization is valid for more than six months, within one month of entry into Spain, the foreign person must personally request the alien identity card, at the competent Police Station or police services of their 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

EXCEPTED ACTIVITIES AND THEIR ACCREDITATION

Seminarians and persons in preparation for religious ministry, as well as persons linked to a religious order in which they have not yet professed, are expressly excluded from this article.

  • Technicians, researchers and scientists, invited or hired by the State, the Autonomous Communities, universities, local bodies or bodies whose purpose is the promotion and development of research promoted or participated by the majority of the previous ones.
    • Directed to: foreign persons who by their knowledge, specialization, experience or scientific practices are invited or hired by one of the cited Administrations for the development of a technical, scientific or general interest activity or program.
    • It is accredited: by presenting an invitation or work contract signed by the person who has attributed the competence or the corresponding legal representation of the body, where the description of the project and the required professional profile are recorded.
  • Professors, technicians, researchers and scientists invited or hired by a Spanish university.
    • Directed to: foreign teachers who are invited or hired by a Spanish university to carry out teaching, research or academic tasks.
    • It is accredited: presenting the invitation or work contract for the exercise of the aforementioned activities, signed by the person who has attributed the legal representation of the Spanish university.
  • Managerial, teaching or research personnel of cultural institutions or teachers dependent on other States or private individuals of recognized prestige, officially recognized by Spain, who develop in our country cultural and teaching programs of their respective countries, as long as they limit their activity to the execution of such programs. The studies, programs, degrees or diplomas issued must be valid and recognized by the countries on which they depend.
    • It is accredited: presenting the documentation that justifies the validity in the country of origin of the degrees or diplomas issued in Spain, of the employment contract, or designation for the exercise of activities of the activities. And, in the case of private entities, also of the documentation that justifies their official recognition in Spain.
  • Civil or military officials of foreign state administrations in activities under cooperation agreements with a Spanish Administration.
    • It is accredited: with the presentation of the certificate issued by the competent foreign state administration and the justification of such aspects.
  • Foreign media correspondents who carry out their information activity in Spain, duly accredited by the Spanish authorities, as correspondents or as special envoys.
    • It is accredited: with the presentation of the accreditation issued by the Spanish authorities.
  • Members of international scientific missions in work and research authorized by the competent state or regional administration.
    • It is accredited: with the presentation of the authorization of the State or regional administration competent to carry out the work or research and the documentation accrediting to be part of the international scientific mission.
  • Ministers religious ministers and members of the hierarchy of the different churches, denominations and religious communities, as well as religious professions of religious orders. These requirements must be met:

    1st. That they belong to a church, confession, community or religious order that is registered in the Register of Religious Entities of the Ministry of the Presidency, Justice and Relations with the Courts.

    2nd. That they have, effectively and currently, the status of minister of worship, member of the hierarchy or religious professed to meet the requirements established in their statutory norms.

    3rd. That the activities they are going to carry out in Spain are strictly religious or, in the case of professed religious, are merely contemplative or respond to the statutory purposes of the order; labor activities that are not carried out in this field are expressly excluded

    4th. The entity to which they depend undertakes to bear the expenses caused by their maintenance and accommodation, as well as to comply with the requirements required in accordance with the regulations on Social Security.

    • It is accredited: the provisions of paragraph 1, by certificate of the Ministry of the Presidency, Justice and Relations with the Courts; those expressed in paragraphs 2 to 4 will be accredited by certificate of the religious entity, with the agreement of the Ministry of the Presidency, Justice and Relations with the Courts, and the presentation of a copy of the Statutes of the order.
  • Foreign persons who are part of the representative bodies, government and administration of internationally recognized trade unions and business organizations, if their activity is limited to the exercise of such functions.
    • It is accredited: by certificate issued by the union or business organization.
  • Foreign persons who have a valid work permit in a Member State of the European Union and are displaced to Spain in the framework of a transnational service provision, in the terms defined by Law 45/1999, of 29 November, on the movement of workers in the framework of a transnational service provision.
    • It is accredited: through the communication of the displacement by the employer that displaces the workers, before its beginning and regardless of its duration, to the competent Spanish labor authority due to the territory where the services are to be provided.

EXTENSION 

  • Subject legitimated to submit the application: the foreign person personally or through representation.

Information sheet on legitimated subjects. 

  • Place of presentation: 

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

  • Submission deadline: applications must be submitted during the two calendar months prior to the expiration date of the validity of the authorization.It can also be requested within three months of the date on which the validity of the authorization has ended, without prejudice to the possibility of the corresponding sanctioning procedure being initiated.
  • Documentation:  
  • Full copy of the passport, travel document or registration card in force.  
  • Documentation proving that the circumstances that led to the exemption according to the case of exception to the work authorization still exist.  
  • Corresponding fees: they will accrue at the time of submission of the application, and must be paid within ten working days.
  • Model 790 code 052, heading 2.2.4. “renewal or extension of temporary residence with the exception of work authorization”.

The subscription form can be downloaded from this page.

  • Deadline for the resolution of the request for extension: three months from the day following the date on which it entered the register of the body competent to process it. Once this period has elapsed without the Administration having made the notification, it may be understood that the application has been estimated by administrative silence.  
  • Notification of the resolution. When the notification by electronic means is mandatory or has been expressly chosen by the interested party, the administration will make it available to them at the single qualified electronic address and, where appropriate, in a complementary manner, also at the corresponding electronic headquarters. If the interested party does not accede to it within ten calendar days, the notification will be understood rejected. In the other cases in which it is appropriate to make the notification on paper, it will be made at the address of the interested party and, if it is unsuccessful, it will be made by means of an announcement published in the Tablón Edictal Unico (TEU), located in the BOE.
  • Within one month from the notification of the granting of the extension, the foreign person must personally request the identity card of foreigners at the competent Police Station or police services in his 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 validity of the temporary residence authorization with the exception of the work authorization will be equal to the duration of the activity or program that is carried out, with the maximum limit of one year of the initial authorization, and four in the extension, if the circumstances that motivated the exception persist.