Spain: Temporary residence authorization for exceptional circumstances for humanitarian reasons.
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Temporary residence authorization for exceptional circumstances for humanitarian reasons: It is a temporary residence permit for exceptional circumstances that may be granted for humanitarian reasons.
BASIC REGULATIONS
Organic Law 4/2000, of January 11, on the Rights and Freedoms of Foreigners in Spain and their Social Integration (Article 31.3).
Law 12/2012, of December 26, on urgent measures to liberalize trade and certain services.
Law 30/1992, of November 26, on the Legal Regime of Public Administrations and the Common Administrative Procedure.
Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011, of April 20 (articles from 62 to 69, 103 to 108, from 123 to 130).
REQUIREMENTS
Not to be a citizen of a State of the European Union, of the European Economic Area or of Switzerland, or relative of citizens of these countries to which the regime of citizen of the Union applies.
Lack of criminal records in Spain and in their previous countries of residence for crimes existing in the Spanish law.
Not be prohibited from entering Spain and not appear as rejectable in the territorial space of countries with which Spain has signed an agreement in this regard.
Not being, where appropriate, within the commitment period of no return to Spain that the foreigner has assumed by voluntarily returning to their country of origin.
Prove one of the following circumstances:
To be a victim of a crime typified in articles 311 to 315, 511.1 and 512 of the Criminal Code: crimes against workers’ rights.
Being a victim of crimes in which the aggravating circumstance of commission for racist, anti-Semitic or other types of discrimination regarding the ideology, religion or beliefs of the victim, ethnicity, race or nation to which they belong, their sex or sexual orientation, or the illness or disability you suffer from.
To be a victim of crimes by violent behaviors exercised in the family environment, provided that a judicial resolution has been issued that ends the judicial procedure in which the condition of victim is established.
Suffering a serious illness that requires specialized health care, not accessible in their country of origin, and that the fact of being interrupted or not receiving it poses a serious risk to health or life.
Exceptionally it will not be necessary for it to be overcome in the event of prolonging the permanence of a foreign minor temporarily displaced to Spain for medical treatment, once the possibility of prolonging the stay situation has been exhausted and the permanence is essential for the continuation of the treatment.
That their transfer to the country from which they originate or come from, for the purpose of applying for the corresponding visa, implies a danger to their safety or that of their family and that they meet the rest of the requirements to obtain a temporary residence or residence authorization and work.
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. 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 registration card with a minimum validity of four months.
Criminal record certificate issued by the Authorities of the country or countries in which you have resided during the last five years prior to entering Spain.
Documentation accrediting humanitarian circumstances, which will be:
If you are a victim of any of the aforementioned crimes, judicial resolution that finalizes the judicial procedure that establishes the condition of victim.
If you suffer from a disease that has occurred or is a displaced foreign child for medical treatment, a clinical report issued by the corresponding health authority.
Foreigners whose transfer to their country implies a danger to their safety or that of their family, must provide:
Documentation proving that your transfer involves a danger to your safety or that of your family.
Documentation accrediting the availability of financial means. If you do not have your own financial means, you may request personally, simultaneously with the request for exceptional circumstances authorization to work for someone else or your own.
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 legitimized to submit the application: the foreigner personally, or his legal representative in the event of being minor or incapable.
Place of presentation: Immigration Office of the province in which the foreigner has his 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
Temporary residence 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
Work authorization fee (if applicable): and provided that the work authorization has a duration equal to or greater than six months, it will accrue at the time of admission to the application process, and must be paid within ten business days are:
If you request a third-party account: Model 790, Code 062: to be paid by the employer:
Compensation of less than 2 times the SMI section 1.1 on behalf of others with residence authorization .:
Compensation equal to or greater than 2 times the SMI section 1.6 on behalf of others with residence authorization
If you request your own account:
Model 790, Code 062 section 1.5 “self-employment authorizations”: to be paid abroad:
The payment form can be downloaded from the Internet portal of the Secretary of State for Public Administration
Deadline for resolution of the application: 3 months from the day following the date on which it had entered the registry of the competent body for processing. After this period has elapsed without the Administration having practiced the notification, it may be understood that the request has been dismissed due to administrative silence. (When it has not been possible to notify the resolution, it will be announced on the Single Edictal Board (TEU) https://www.boe.es/tablon_edictal_unico. If you had opted for electronic or regulatory notification, you were obliged to use that medium, the resolution will be will notify by publication in the electronic headquarters. If the resolution is not accessed within 10 business days of its publication, it will be notified).
Within one month of notification of the granting of the temporary residence authorization, 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 his passport or travel document or registration card at the time of the fingerprint process to prove his 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 authorization granted will be valid for one year.
With the exception of minors displaced by medical treatment who may extend the authorization for the minimum time necessary to complete the treatment, the holders, at the end of the validity of the authorization, may request residence or residence and work authorization.
The foreigner may request, in person, the corresponding authorization to work simultaneously with the application for residence due to exceptional circumstances or during the period of validity of the same.
WORK AUTHORIZATION BY OWNED ACCOUNT
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 – 12) in duplicate, duly completed and signed by the foreigner. 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 registration card valid for a minimum of four months.
Copy of the residency application due to exceptional circumstances or, where appropriate, of your foreigner’s concession or identity card.
Copy of the training and, where appropriate, the professional qualification legally required for the exercise of the profession.
Documentation that identifies the company:
If it is an individual entrepreneur: copy of the NIF or NIE, or consent to verify identity data through the Identity and Residence Data Verification System.
If it is a legal person (SA, SL, Cooperative, etc.): copy of the company NIF and copy of the deed of incorporation duly registered in the corresponding Registry and NIF or NIE of the signatory of the contract or consent to verify the Identity data through the Identity and Residence Data Verification System.
Signed employment contract in which it will be indicated that it will enter into force from the moment in which, once the authorization is granted, it is registered in the Social Security.
Proof that the company guarantees the necessary solvency. You may submit: declaration of personal income tax, or VAT, of the Corporation Tax, or the report of the company’s working life (VILE). Likewise, a descriptive report of the occupation to be carried out must be provided.
If the employer is a natural person, he must prove, once the payment of the agreed salary has been deducted, 100% of the IPREM if there are no dependents.
If the family unit includes two members, 200% (. If the family unit includes more than two people, 50% of the IPREM must be added to the previous amount for each additional member.
WORK AUTHORIZATION FOR OWN ACCOUNT
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 – 12) in duplicate, duly completed and signed by the foreigner. 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 registration card valid for a minimum of four months.
Copy of the residency application due to exceptional circumstances or, where appropriate, of your foreigner’s concession or identity card.
Copy of the training and, where appropriate, the professional qualification legally required for the exercise of the profession.
In retail business activities and provision of the services listed in the Annex of Law 12/2012, which are carried out in permanent establishments, whose useful area is equal to or less than 300 square meters, responsible declaration or prior communication (in the terms of the article 71.bis of Law 30/1992) and, where appropriate, proof of payment of the corresponding tax.
In the rest of activities and provision of professional services, list of the authorizations or licenses required for the installation, opening or operation of the projected activity or for the professional exercise, indicating, the situation in which the procedures for its achievement, including, where appropriate, the application certifications before the corresponding bodies.
Copy of the documentation proving that you have the training and, where appropriate, the professional qualification legally required for the exercise of the profession.
Proof that there is sufficient economic investment, or commitment of support from financial institutions or others.
Project of establishment or activity to be carried out, with indication of the planned investment, its expected profitability and, where appropriate, jobs whose creation is foreseen.
By way of example and regardless of its justification by other means admissible by law, the last three sections can be accredited by the valuation report issued by one of the following organizations:
National Federation of Business Associations and Autonomous Workers (ATA)
Union of Professionals and Autonomous Workers (UPTA)
Intersectoral Confederation of Autonomous of the Spanish State (CIAE)
Organization of Professionals and Autonomous (OPA)
Union of Associations of Autonomous Workers and Entrepreneurs (UATAE)
*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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