Spain: Temporary residence and work authorization due to exceptional circumstances through collaboration with non-police administrative authorities, against organized networks.

Temporary residence and work authorization due to exceptional circumstances through collaboration with non-police administrative authorities, against organized networks: It is a residence and work permit for exceptional circumstances that may be obtained by foreigners who are collaborating with non-police authorities and who are victims, injured or witnesses of an act of illicit trafficking in labor or exploitation in prostitution by abusing their situation of need.

BASIC REGULATIONS
Organic Law 4/2000 of January 11 on the Rights and Freedoms of Foreigners in Spain and their Social Integration (Article 59).
Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011, of April 20 (articles 135 to 139).

PROCESS
The non-police administrative authority with which the foreigner is collaborating who is a victim, injured or witness to the act of illicit trafficking in labor or exploitation in prostitution abusing their situation of need, will issue a report of said collaboration and send it to the body that instructs the sanctioning file, so that it proposes to the Delegate or Subdelegate of the Government the exemption of responsibility of the foreigner for violation of article 53.1.a of the Organic Law 4/2000.
The Delegate or Sub-Delegate of the Government will decide on the exemption and the suspension of the sanctioning file and will inform the foreigner of the possibility of requesting residence and work authorization or the assisted return to their country of origin.

RESIDENCE AND WORK AUTHORIZATION
Foreigners may request, in person or through a representative, a residence and work authorization for exceptional circumstances before the Government Delegation or Subdelegation that would have determined the exemption from liability, and addressed to the General Secretariat of Immigration and Emigration.
The official model application (EX – 10), which can be obtained at http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/index.html, must be accompanied by a full passport, travel document or ID of registration in force and, where appropriate, of the public document granting legal representation in favor of the natural person making the request.
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 2.5 “authorization of temporary residence due to exceptional circumstances: to be paid abroad
The payment form can be downloaded from the Internet portal of the Secretary of State for Public Administration

The Delegation or Subdelegation of the Government shall send the request to the Secretary of General for Immigration and Emigration, attaching a report, which in the event of being favorable determines the granting of the provisional residence and work authorization.
The provisional authorization granted will be notified to the interested party by the Delegation or Subdelegation of the Government and will imply the possibility of working as an employee or self-employed person in any occupation, sector of activity and territorial scope.
Within a month from the notification 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.
Three recent color photographs, in white background, passport size.
The foreigner’s identity card will be renewable annually and until a resolution on the final authorization is issued.
The favorable resolution, where appropriate, of the definitive authorization of residence and work will have a validity of five years, will imply the possibility of working as an employed person and in any occupation, sector of activity and territorial scope and demands the need to process, In a month since the concession, a new Foreigner Identity Card.
The refusal resolution, where appropriate, of the final authorization, will result in the loss of validity of the provisional authorization.
ASSISTED RETURN
Without prejudice to what the competent authorities in the investigation determine their necessary permanence in the Spanish territory, the foreigner, once the exemption of responsibility is declared, may request the assisted return to their country of origin, before the Delegation or Subdelegation that had determined Disclaimer and addressed to the General Secretariat of Immigration and Emigration.
The assisted return will include the assessment, prior to departure, of risks and safety, transportation, as well as assistance at the point of departure, transit and destination.

*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: 01/2016

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