If you are a foreign woman who has suffered from gender-based violence in Spain, you can apply for a residence and work permit under exceptional circumstances. For this, it is necessary to have a protection order in your favor or a report from the Public Prosecutor’s Office indicating signs of gender-based violence.
Benefits for your children in case you are a victim of gender-based violence.
Both in the initial application and at any point during the criminal process, you can request residence authorization for your minor children, or residence and work authorization if they are over 16 years old and were in Spain at the time of the complaint. The children’s authorization will be residence if they are not of working age, or residence and work if they are, and it will have the same validity as yours.
Additional Protection
- No sanctioning procedures will be initiated for being in an irregular situation until the criminal process is concluded, and any previous procedures will be suspended.
- The processing of your application will be given priority.
Required Documentation for Residence for Women Victims of Gender-Based Violence
- Model EX-10.
- Copy of the full passport (minimum validity of 4 months) for you and your minor children.
- Fee Model 790, Code 052, section 3, to be paid when submitting the application.
- Documentation proving the complaint of gender-based violence:
- Protection order or report from the Public Prosecutor’s Office: This will grant provisional residence and work authorization. The final authorization will be granted at the end of the criminal process, upon submission of the judgment.
- Conviction sentence or another judicial decision proving you are a victim of gender-based violence: This will allow you to obtain the final residence and work authorization.
Submission Deadline
- If the criminal process has not concluded: You can submit the application at any time after the protection order or the report from the Public Prosecutor’s Office is issued.
- If the criminal process has concluded: You have six months from the notification of the sentence or judicial resolution proving you are a victim of gender-based violence.
Validity and Effects of the Authorization
The residence and work permit will allow you to work for others or be self-employed in any activity, occupation, or location in Spain.
It will have a one-year validity and a provisional nature until the criminal process concludes. The provisional nature or that you are a victim of gender-based violence will not be specified.
Finalization of the Criminal Procedure and Its Consequences on Residence Authorization
Once the criminal procedure has concluded, the provisional residence and work authorization granted to the woman victim of gender-based violence will be terminated.
Favorable Resolution of the Criminal Process
If the criminal process concludes with:
- A conviction and a certificate of gender-based violence
- A judicial resolution confirming the woman has been a victim of gender-based violence
- Dismissal of the case due to the defendant’s unknown whereabouts
- Provisional dismissal due to the defendant’s expulsion
The exceptional circumstances residence and work authorization will be granted within 20 days from the moment the Immigration Office becomes aware of it. This authorization will be valid for five years once the certificate of gender-based violence is obtained.
If the woman has not previously requested the authorization, the Public Prosecutor will inform her of this possibility, and she will have a period of six months from the notification of the sentence to complete the procedure.
Additionally, any immigration sanction procedure that may have been pending against the woman will be definitively closed.
Unfavorable Resolution of the Criminal Process
If the criminal process concludes with:
- A non-conviction sentence
- A judicial resolution stating that the woman was not a victim of gender-based violence
The following effects will occur:
- If the residence and work authorization had been requested, it will be denied, as well as any applications for the applicant’s minor children.
- The provisional authorization granted will lose its effectiveness automatically and cannot be used to obtain long-term residence.
- An immigration sanction procedure that had been suspended or not initiated will be started or continued.
Renewal of Residence Due to Gender-Based Violence
Renewal of residence due to gender-based violence in Spain is a vital process for foreign victims of gender-based violence, allowing them to maintain their residence status and access necessary resources to rebuild their lives. Renewal, modification, or extension requests for residence authorization can be made electronically through the MERCURIO application.
The necessary forms for these requests include:
- EX00: For the renewal of residence permits for studies, mobility, or volunteer services.
- EX01: For the renewal of temporary non-lucrative residence authorization.
- EX02: For the renewal or modification of residence authorization for family reunification.
- EX03: For the renewal or modification of an initial work and residence permit.
- EX09: For the renewal of a residence authorization with an exemption from work.
- EX11: For the application for long-term residence after five continuous years in Spain.
- EX19: For the permanent residence card of a family member of a EU citizen.
It is essential that applicants meet specific requirements, such as proving continuous residence in Spain and having sufficient financial means for their maintenance. This is assessed through documentation supporting their employment or financial situation, ensuring they can remain independent and dignified.
It is recommended that victims inquire about available resources in their community, such as associations supporting victims of gender-based violence, which can provide legal and emotional assistance during this process.
Legal Framework on Residence for Gender-Based Violence in Spain
According to the instruction applicable to the situation of foreign women victims of gender-based violence, the following is established:
- Access to Authorization: Foreign women who are victims of gender-based violence may access the authorization provided in Article 31 bis of Organic Law 4/2000, which regulates the rights and freedoms of foreigners in Spain and their social integration. This access is possible regardless of their administrative status in the country, as long as they meet the established requirements.
- Registration Certificates: Foreign women under Royal Decree 240/2007, which addresses entry, free movement, and residence in Spain, may access or maintain the registration certificate as Union citizens or the residence card as a family member of a Union citizen. This applies without the need to meet the requirements of Articles 7 and 8 of the regulation if it is proven that they have been victims of gender-based violence in the context of a marriage or registered partnership. This justification is considered provisional with a protection order or a report from the Public Prosecutor and final with a judicial resolution confirming the alleged circumstances.
- Family Members: The regulation also extends to the victim’s family members, as defined in Article 2 of Royal Decree 240/2007, provided they are residing continuously in Spain and there are no limitations due to public order, public safety, or public health reasons.
With the publication of this instruction, any previous content conflicting with the established provisions is invalid. This legal framework aims to protect victims of gender-based violence, facilitating their access to nationality and ensuring their rights in the country.
Questions and Answers on Residence for Gender-Based Violence
- Can Spanish nationality be applied for due to gender-based violence? There is no special nationality for these cases; there is residence, and if all the nationality requirements are met, it is possible to apply for Spanish nationality.
- Does the status of a victim of gender-based violence expire? Yes, the status of a victim of gender-based violence can expire under certain circumstances. This expiration means that, after a period of time, a person who has been recognized as a victim can no longer be legally considered as such, which can have serious consequences for their access to services and protections.
- How to renew long-term NIE for gender-based violence / requirements to renew NIE due to gender-based violence? To renew the long-term NIE for gender-based violence, request the renewal at the Immigration Office or Police Station before its expiration. Present a passport, a recent photo, and payment of fees. Start the renewal process 60 days before the expiration.