Spain: Temporary residence and work authorization due to exceptional circumstances of foreign women victims of gender violence.

Temporary residence and work authorization due to exceptional circumstances of foreign women victims of gender violence, and the work authorization annex:

It is a residence and work authorization due to exceptional circumstances that may be obtained by foreign women victims of gender violence who are in Spain in an irregular situation.

Minor or disabled children who are in Spain at the time of the complaint may obtain residence or residence and work authorization in the event of being over sixteen.

BASIC REGULATIONS
Organic Law 4/2000 of January 11 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 557/2011, of April 20 (articles 131 to 134).

REQUIREMENTS
Not to be a citizen of a State of the European Union, of the European Economic Area or of Switzerland, or relative of a citizen of these countries to which the regime of citizen of the Union applies.
Having reported being a victim of gender violence, and being able to provide one of these documents:
An order of protection, by the competent judicial authority in the framework of the criminal process.
A report from the Fiscal Ministry indicating the existence of indications of gender violence.
For the definitive granting of the temporary residence authorization for exceptional circumstances, the criminal procedure will be required to conclude with a conviction or with a judicial resolution from which it is deduced that the woman has been a victim of gender-based violence, including the case file for being the accused in unknown whereabouts or the provisional dismissal for expulsion of the accused.

REQUIRED DOCUMENTATION
Note: in general, copies of the documents must be provided and the originals must be displayed at the time the application is submitted.

Application form in official form (EX – 10) in duplicate, duly completed and signed by the foreigner or by her legal representative. This form can be obtained at http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/index.html
Copy of the complete passport, travel title or valid registration card.
Where appropriate, a document granting legal representation in favor of the natural person making the request on behalf of the foreigner.
Documentation accrediting having reported being a victim of gender violence. You may submit:
Protection order or report from the Fiscal Ministry. With this documentation, a provisional residence and work authorization will be granted ex officio. The authorization will be definitively resolved when the criminal process is concluded, for which the sentence must be provided.
Condemnatory judgment, judicial resolution from which it is deduced that the woman has been a victim of gender-based violence that concludes the criminal procedure, filing the cause for finding the defendant in an unknown whereabouts or the provisional dismissal for expulsion of the accused. In this case, definitive authorization of residence and work may be obtained.
Important note: when documents from other countries are provided, they must be translated into Spanish or co-official language of the territory where the application is submitted.

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 said document has been issued or, where appropriate, by the Ministry of Foreign Affairs and Cooperation except in the case in which said document has been apostilled by the competent Authority of the issuing country under the Hague Convention of October 5, 1961 and unless said document is exempt from legalization under the International Convention.

PROCESS
Subject legitimate to submit the application: the foreigner or her representative personally.
Place of presentation: Immigration Office of the province in which the foreigner has the domicile. The address information, telephone numbers and customer service hours can be found at http://www.seap.minhap.gob.es/web/servicios/extranjeria/extranjeria_ddgg.html
Deadline for submission:
If the criminal procedure has not been completed: it can be presented at any time, since the protection order or the report of the Fiscal Ministry is issued.
If the criminal procedure has concluded: the deadline for submission is six months from the notification of the conviction, of the judicial resolution from which it is deduced that the woman has been a victim of gender-based violence, of the case file to be found the person accused of unknown whereabouts or of the provisional dismissal for expulsion of the accused.
Temporary residence authorization fee for exceptional circumstances: it will accrue at the time of admission to the application process, and must be paid within ten business days, it is:
Model 790, Code 052 section 3. “authorization of residence and work due to exceptional circumstances: to be paid by the foreigner
The payment form can be downloaded from the Internet portal of the Secretary of State for Public Administration

Grant of provisional residence and work authorization:
As long as the criminal procedure is concluded, once the residence and work authorization has been submitted due to exceptional circumstances, the foreigner will obtain a provisional residence and work authorization ex officio due to exceptional circumstances, the processing of which is preferential.
The provisional authorization will be effective from the moment of the concession and its validity is conditional on the completion of the criminal process and the granting or refusal of the final authorization.
Within one month of the concession the foreigner must personally request the Foreigner Identity Card, at the Aliens Office or Police Station of the province where the authorization has been processed. To see where to go, the schedule and if you have to make an appointment you can consult: http://www.seap.minhap.gob.es/web/servicios/extranjeria/extranjeria_ddgg.html
The applicant will show at the time of the fingerprint process her passport or travel title or registration card to prove her identity and will provide:
Foreigner identity card application, in official form (EX – 17) available at http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/index.html
Proof of payment of the card fee amounting to 15.45 euros.
Three recent color photographs, in white background, passport size.
The provisional identity card will be valid for one year.
Granting of the definitive authorization: once the criminal procedure is concluded, the provisional authorization will be extinguished, and if there is a conviction, judicial resolution from which it is deduced that the woman has been a victim of gender-based violence, file the cause for finding the imputed for unknown whereabouts or provisional dismissal of the cause for expulsion of the defendant, the authorization of residence and work for exceptional circumstances will be granted within 20 days after the Aliens Office has proof.
The duration of the authorization will be five years.
Within one month of notification of the authorization grant, the foreigner must personally request the Foreigner Identity Card, at the Aliens Office or Police Station of the province where the authorization has been processed. To see where to go, the schedule and if you have to make an appointment you can consult: http://www.seap.minhap.gob.es/web/servicios/extranjeria/extranjeria_ddgg.html
The applicant will show at the time of the fingerprint process her passport or travel title or registration card to prove her identity and will provide:
Foreigner identity card application, in official form (EX – 17) available at http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/
Proof of payment of the card fee.
Three recent color photographs, in white background, passport size.
The authorization of residence due to provisional or definitive exceptional circumstances granted to women victims of gender-based violence authorizes them to reside and to work on their own and others’ behalf in any occupation, sector of activity and territorial scope.
In the event that the criminal procedure concludes without deduction of the situation of gender-based violence, authorization will be denied and administrative disciplinary proceedings will be initiated for violation of article 53.1.a) or, where appropriate, the suspended sanctioning procedure will continue. .

RESIDENCE OR RESIDENCE AND WORK AUTHORIZATION OF MINOR CHILDREN VICTIMS OF GENDER VIOLENCE
At the same time that the foreigner submits her application for residence and work authorization, or any other subsequent throughout the criminal process, the foreign woman or her representative may request residence or residence and work authorization in favor of their minor children who are in Spain at the time of the complaint, providing a copy of the complete passport, travel document or valid registration card.
The provisional and final authorization of the children will be of residence if they are not of working age, or of residence and work if they are of working age.
The provisional and final authorization of the children will have the same validity as that of the woman victim of gender violence.

*The content of this page is merely indicative. Only the provisions of the regulations in force at the time the application is submitted is applicable.

Last update: January 2016

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