If you are a foreign woman in Spain who has suffered gender-based violence, Spanish law gives you a way to obtain legal residence and the right to work — and it is designed so that your immigration situation is not a barrier to seeking protection. This applies even if you are undocumented, your permit has expired, or your residence depends on your partner. This page explains, in plain and careful English, who can apply, what evidence is needed, how the two stages work, what happens with your children, and what to do next. Everything here can be handled confidentially.
The legal basis is article 31 bis of Organic Law 4/2000 and articles 133–136 of Real Decreto 1155/2024 (the immigration regulation in force since 20 May 2025), within the framework of Organic Law 1/2004 on integral protection against gender-based violence.
If you are in immediate danger
Please prioritize your safety first. Spain has dedicated support for victims of gender-based violence, including the 016 helpline, which is free, confidential, available in many languages, and leaves no trace on the phone bill, as well as 112 for emergencies. Once you are safe, the immigration steps below can follow — and we can help you take them at your own pace.
What this authorization is
It is a residence and work authorization for exceptional circumstances, available to foreign women — regardless of their administrative status — who have been victims of gender-based violence in Spain. It exists for a clear reason: so that fear of immigration consequences never stops a woman from reporting abuse and seeking safety. It comes in two stages, a provisional one while the criminal case is open and a final one once it concludes, and it allows you to work, employed or self-employed, in any occupation anywhere in Spain.
An important protection built into the document itself: the authorization card states that it allows you to live and work in Spain, but it does not reveal that it is provisional or that you are a victim of gender-based violence. Your privacy and safety are protected on the face of the document.
The two stages: provisional, then final
Provisional authorization (while the criminal case is open)
A provisional residence and work authorization is granted — often automatically (de oficio) — once there is either a protection order (orden de protección) in your favour, or a report from the Public Prosecutor (Ministerio Fiscal) indicating signs of gender-based violence. From that moment you can live and work in Spain. The provisional authorization stays in force until the criminal procedure ends.
Final authorization (once the criminal case concludes)
The authorization becomes final when the criminal procedure ends in a way that confirms the violence — a conviction, a judicial decision from which it follows that you were a victim, the dismissal of the case because the accused cannot be located, or a provisional dismissal due to the accused’s expulsion. The final authorization has a validity of five years, and the time you held the provisional authorization counts toward long-term residence.
Who can apply
This pathway is for non-EU women in Spain who have suffered gender-based violence, whatever their administrative situation:
- Undocumented women, or women whose visa or permit has expired — irregular status is not a bar.
- Women whose residence depends on their partner (for example, through family reunification) — abuse opens a route to an independent authorization.
- EU/EEA/Swiss-regime women. Under RD 240/2007, a woman can access or keep her EU registration certificate or EU family member card without meeting the ordinary article 7 and 8 conditions, where she proves she was a victim of gender-based violence within a marriage or registered partnership — proved provisionally by a protection order or prosecutor’s report, and finally by a judicial decision. This is closely related to keeping your community card after divorce.
Your children and family
You can request authorization for your children in the initial application or at any point during the criminal process, provided they were in Spain at the time of the complaint. Minor children receive a residence authorization; children over 16 who were in Spain at the time of the complaint can receive a residence and work authorization. Their authorization carries the same validity as yours, keeping the family unit protected together. First-degree ascendants (for example, a dependent parent) can also obtain an authorization, but only at the final stage and on humanitarian grounds.
The protection against immigration penalties
This is the heart of why the pathway exists, and it matters most if you are undocumented:
- No sanction procedure will be started against you solely for being in an irregular situation while the criminal process is ongoing, and any procedure already started is suspended.
- If the case ends favourably, any such suspended procedure is definitively closed.
- Your application may be given priority processing, so your situation stabilizes faster.
Documents
- Form EX-10, completed and signed by you or your legal representative.
- Full copy of your passport (with the required minimum validity), and of your minor children’s passports if they are included.
- Proof of the fee (model 790, code 052, heading 2.3.2.b), paid within ten working days of admission.
- Evidence of the gender-based violence:
- for the provisional stage — a protection order, or a Public Prosecutor’s report indicating signs of gender-based violence;
- for the final stage — a conviction or judicial decision from which it follows that you were a victim, including dismissal for the accused’s unknown whereabouts or provisional dismissal due to the accused’s expulsion.
- Family relationship documents where children or family members are included.
Foreign public documents must be apostilled or legalized and, where not in Spanish, accompanied by a sworn translation. We can begin with a minimal review — your ID and whatever police, court, or prosecutor paperwork you already have — and build the rest carefully.
Deadlines, and how to apply
The timing depends on the criminal process:
- If the criminal process is open: you can apply at any time from when the protection order or the prosecutor’s report is issued.
- If the criminal process has concluded: you have six months from notification of the conviction, the judicial decision confirming victim status, the dismissal for unknown whereabouts, or the provisional dismissal for expulsion.
The application is filed with the Immigration Office (Extranjería), in person or online, and the fee is paid within ten working days. After a favourable decision, you have one month to apply in person for your TIE card (form EX-17, fee, and a recent passport-size colour photo on a white background) at the Immigration Office or police station. Because deadlines can be strict and tied to specific documents, acting as soon as you receive any court or prosecutor paperwork is the safest course.
When the criminal case ends: what happens next
The authorization is tied to the criminal process, so its conclusion is a decisive moment — and one worth planning for in advance.
A favourable outcome
If the process ends in a way that confirms the violence — a conviction with a gender-violence certificate, a judicial decision deducing victim status, dismissal because the accused cannot be found, or provisional dismissal due to the accused’s expulsion — the final five-year authorization can be granted, giving you real stability. Any suspended immigration sanction procedure linked only to irregular status is then definitively closed. If you have not yet applied, you still have six months from notification of the relevant decision.
An unfavourable outcome
If the process ends without legally confirming victim status — an acquittal, or a judicial decision finding you were not a victim of gender-based violence — the consequences are serious and need careful handling. The provisional authorization loses effect and cannot be used toward long-term residence; applications for your children on that basis may be refused; and a suspended sanction procedure may resume, particularly if you remain irregular without another protective basis. In this situation an immediate legal review is essential, to identify any other immigration options and protect continuity of residence where possible.
If your residence depended on your partner
A common and frightening situation: your residence was tied to your spouse or partner through family reunification, and now you need to leave. In cases of marriage annulment, divorce, or cancellation of a registered partnership, a non-EU woman can keep her right of residence where she proves she was a victim of gender-based violence during the relationship — proved provisionally by a protection order or prosecutor’s report, and finally by a judicial decision. This lets you move toward an independent residence and work authorization rather than losing your status with the relationship. The strategy and evidence are case-specific, so an early confidential review is the right first step.
Renewal and the longer term
The final authorization’s five-year duration gives you a stable footing, and the time you held the provisional authorization counts toward long-term residence, which you can apply for once you meet its conditions. Where the authorization is linked to employment, it renews even if your contract ends or is suspended as a consequence of being a victim of gender-based violence. The correct renewal or modification route depends on your specific resolution, so it is worth confirming rather than assuming a generic path. Follow-up procedures can often be handled through the Mercurio platform.
Alongside the immigration strategy, we encourage you to draw on the support associations and victim services in your community, which provide legal and emotional help during this period.
How we help
This is a sensitive, high-stakes process, and our approach is confidential and safety-first. Lexmovea begins with a careful review of your eligibility, your evidence, and the urgency of your situation; identifies the safest filing plan — especially where you are undocumented, on a dependent permit, or do not yet have a protection order; assembles a clear, consistent file that matches your procedural stage; handles the submission and any request for further documents; and plans ahead for the transition from provisional to final status and the TIE that follows. We work in English throughout, and we support clients across Spain through confidential remote consultations. You decide what to share, and when.
If you would like a confidential review, you can start by sending only the essentials — your ID and any court, police, or prosecutor documents you have. We will explain your options without pressure.
Frequently asked questions
How can a victim of gender-based violence get a residence permit in Spain?
You start with official evidence linked to the criminal process — usually a protection order or a Public Prosecutor’s report indicating signs of gender-based violence — which leads to a provisional residence and work authorization, often granted automatically. The authorization becomes final, valid for five years, once the criminal case concludes in a way that confirms the violence.
Do I need a protection order to apply?
A protection order is the most common proof for the provisional stage, but a Public Prosecutor’s report indicating signs of gender-based violence also works. If you have neither yet, an urgent legal review is the right first step to assess what evidence exists and what can be obtained safely.
Can I apply if I’m undocumented or my permit expired?
Yes. This pathway is open regardless of your administrative status, and it is built to protect you: no sanction procedure is started solely for irregular status while the criminal process is ongoing, and any existing one is suspended.
Can I work with this authorization?
Yes. Both the provisional and the final authorization allow you to work, employed or self-employed, in any occupation and anywhere in Spain.
Can my children be included?
Yes, if they were in Spain at the time of the complaint. Minor children receive a residence authorization; children over 16 can receive residence and work. Their authorization has the same validity as yours. First-degree dependent ascendants can also qualify, at the final stage, on humanitarian grounds.
Will the card reveal that I’m a victim?
No. The authorization states that it allows you to live and work in Spain, but it does not disclose that it is provisional or that you are a victim of gender-based violence. Your privacy is protected on the document itself.
Can I get an independent permit if I was on family reunification?
In many cases, yes. Where you prove you were a victim of gender-based violence during the marriage or partnership, you can keep your right of residence and move toward an independent authorization rather than losing your status with the relationship. The evidence follows the same provisional-then-final logic.
Can I apply for Spanish nationality because of this?
There is no special nationality route based solely on being a victim of gender-based violence; nationality follows its own rules. But maintaining lawful residence through this authorization is often essential to becoming eligible for nationality later, which is why protecting your residence correctly matters.
This page is general information
It does not replace legal advice. Every case depends on its facts, documents, and procedural stage. For confidential guidance tailored to your situation, a consultation lets us review your evidence and advise the safest, strongest pathway.