Residence on humanitarian grounds: cases and requirements

Residence on humanitarian grounds is an authorisation designed for foreign nationals who find themselves in an exceptional situation and cannot access other ordinary routes. If you are looking for the requirements for residence on humanitarian grounds, here you will find, in plain language and updated to the new Immigration Regulation (Royal Decree 1155/2024, in force since 20 May 2025), which cases allow it, which documents you need and how it is processed. It is an orientation guide: every file is different and it is worth verifying your case before submitting it.

What is residence on humanitarian grounds?

It is a temporary residence authorisation for exceptional circumstances. Unlike the general routes, it does not require having entered with a specific visa nor, in many cases, a prior period of stay. It is granted when there are set humanitarian reasons that make it inadvisable or unfeasible for the person to return to their country. As a general rule, a favourable decision allows the person to reside and, depending on the case, also to work.

Requirements for residence on humanitarian grounds

There is no single list, because the requirements for residence on humanitarian grounds depend on the specific case you invoke. Even so, the following are usually assessed in common:

• Being in Spain and in one of the humanitarian cases provided for in RD 1155/2024.
• Not being banned from entering Spain nor being listed as inadmissible by other States with which there is an agreement.
• Having no criminal record in Spain and, where applicable, in the countries where you have resided in recent years, for offences provided for in the Spanish legal system.
• Documenting the exceptional circumstance you invoke (a complaint, medical report, court decision, etc.).
• Not being in an irregular stay or residence penalised in an incompatible way, unless the humanitarian case itself covers it.

The key is to prove the humanitarian reason solidly: without that evidence, the application will hardly succeed.

Cases that give the right to residence on humanitarian grounds

The Regulation provides for several scenarios. The most common are:

• Victims of certain crimes. People who have been victims of crimes involving racist, xenophobic or discriminatory conduct, gender-based violence or violence within the family, provided there is a court decision recognising or protecting it.
• Serious supervening illness. People with a supervening illness of a serious nature requiring specialised healthcare, not accessible in their country of origin, and whose interruption or lack of treatment poses a serious risk to health or life.
• Danger in the event of return. People whose transfer to the country they come from would entail a danger to their safety or that of their family, proven before the competent authority.
• Refusal of international protection with humanitarian reasons. People who have been refused asylum, but in whose file there are humanitarian reasons that justify their stay.

Each case has its own nuances and the burden of proof falls on the applicant, so gathering official reports and decisions is decisive.

Usual documents

In addition to the official application form and the full valid passport, the following are usually required:

• A document proving the case: a court decision or ruling, a protection order, an official and detailed medical report, or a report from the competent authority on the risk of return.
• Criminal record certificate from the country of origin and of prior residence, duly legalised or apostilled and with a sworn translation where applicable.
• Proof of payment of the corresponding fee (form 790).
• Documents proving your identity and, where applicable, your family ties.

Prepare the foreign documents well in advance: the apostille and the sworn translation are among the formalities that most delay files.

How to apply and deadlines

The application is generally submitted before the Immigration Office of the province where you reside, in person or through a representative, and increasingly online. Once submitted, the Administration has a period to decide; administrative silence usually has a dismissing effect, so it is advisable not to leave the file without follow-up. If the decision is favourable, you will have to apply for the Foreigner's Identity Card (TIE) and have your fingerprints taken within the indicated period.

Difference from international protection (asylum)

The two should not be confused. International protection (asylum or subsidiary protection) responds to a well-founded fear of persecution or a serious risk in the country of origin and follows its own procedure. Residence on humanitarian grounds, on the other hand, is an immigration authorisation for exceptional circumstances. In practice, many people reach it after an asylum refusal. If you are considering the protection route, review our guide on how to apply for international protection and the red card (tarjeta roja).

Other routes if you don't fit humanitarian grounds

If your situation does not fit any of the humanitarian cases, another route may fit. Before ruling anything out, use our orientation finder for immigration routes to see which options suit your case. These are usually common alternatives:

• Social roots (arraigo social), if you prove a period of continuous stay and ties in Spain.
• Second-chance roots (arraigo de segunda oportunidad), designed for those who had residence and lost it.
• Long-term residence, as a horizon once you consolidate your legal residence.

Frequently asked questions

Does residence on humanitarian grounds allow you to work?

In most cases, the authorisation granted also allows work as an employee or self-employed, though it is worth checking the specific scope in the decision on your file.

How long does this authorisation last?

It is a temporary residence. Its initial validity is limited and, meeting the requirements, it may be renewed or lead to other more stable authorisations over time.

Do I need to have been in Spain for a minimum time?

Unlike arraigo, residence on humanitarian grounds does not generally require a prior period of stay: what is decisive is proving the humanitarian case that justifies it.

Can I apply for it if I have been refused asylum?

Yes. It is one of the cases provided for: if there are humanitarian reasons in your international protection file, they can be assessed to grant you this residence.

What happens if my application is refused?

You can lodge the administrative and, where applicable, judicial appeals available within the legal deadlines. Timely professional advice greatly improves the options.

Notice: this guide is purely for orientation and does not replace individualised legal advice. The immigration rules (RD 1155/2024) and their application by the Immigration Offices may vary depending on the province and each person's circumstances. Before submitting your application, confirm your case with a chartered professional or with the competent Administration.