If you are a beneficiary of temporary protection due to the conflict in Ukraine and you reside in Spain, you may be considering switching to a more stable residence authorization. Current regulations allow you to apply for other authorizations from within Spain, without having to leave the country. In this article we explain the main pathways, their requirements and the transition procedure.
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Current status of temporary protection
Temporary protection was activated in March 2022 and has been extended successively. The European Union has approved a new extension until 4 March 2028, applicable from 5 March 2027. Also check the validity of your TIE and the current instructions in Spain: the duration of the status and the validity of the physical card are separate issues.
In Spain, Royal Decree 316/2026 amended the Immigration Regulations to facilitate the transition from temporary protection to other authorizations. Additional provision nineteen allows beneficiaries to apply for any stay or residence authorization whose procedure can be initiated from within Spain.
Implementing Decision (EU) 2026/1912, of 30 July, was published on 4 August 2026. It introduces a condition regarding compliance with military obligations for new grants, where applicable. According to the corrigendum published on 5 August, that condition does not apply to those who already enjoyed temporary protection in the same Member State on or before 4 August 2026 and have maintained it there uninterruptedly. This guide focuses on those who are already beneficiaries and seek another residence, not on the requirements for a first grant of temporary protection.
Change to residence and work (Article 191)
One of the most common pathways is the change from a residence authorization based on temporary protection to a residence and work authorization, under Article 191 of the Regulations. This option is suitable if you already have a job offer or wish to work as self-employed.
The requirements vary depending on how long you have held the residence authorization:
- Less than one year as a resident: in the case of employment, the requirements of Article 74 apply and the authorization is valid for one year. For a self-employed authorization, the corresponding requirements of Article 84 and the fit of the requested pathway must be checked.
- One year or more as a resident and the previous authorization already allowed you to work: the renewal requirements apply (Article 80 or 86). The new authorization will be valid for four years.
- One year or more as a resident and the previous authorization did not allow you to work: the requirements of Article 74 apply, except for the visa, and the validity will be one year, conditional on registration with Social Security.
Temporary protection allows you to work. To choose the applicable change scenario, you must check how long you have been in a residence situation and which requirements you meet. Article 191.3 covers those who have at least one year of residence and whose previous authorization already allowed them to work as an employee or self-employed; it refers to the requirements of Article 80 or, where applicable, Article 86. Length of residence alone does not replace the verification of those requirements. For example, a person who continues working and another who has lost their job may need to prove different circumstances.
Arraigo: modalities and calculation of stay
People with temporary protection can apply for residence authorizations based on arraigo (Article 125). Instruction two of the State Secretariat for Migration clarifies that the prohibition in Article 126.h), which prevents those who already have a residence authorization from applying, does not apply. In addition, the time spent under temporary protection counts towards the requirement of two years of continuous stay.
The arraigo modalities are:
- Arraigo sociolaboral: requires one or more contracts guaranteeing at least the minimum interprofessional wage or the wage set in the applicable collective agreement, proportional to the working hours, and a total of at least 20 hours per week. Once the application is admitted for processing, Article 130.5 provisionally enables residence and employment as an employee until the decision; the communication of the start of processing must reflect this. Temporary protection in force also allows working.
- Arraigo social: requires family ties with residents or a social integration report, and sufficient financial means.
- Arraigo socioformativo: requires one of the legally admitted training programs, with the requirements applicable to each case. For temporary protection, check the specific conditions in the training section.
- Arraigo familiar: for certain parents or guardians of minors who are nationals of another EU Member State, the EEA or Switzerland, as well as certain family members who provide support to persons with disabilities of those nationalities in the legally provided cases. It does not require a minimum period of stay.
Arraigo familiar does not require a minimum period of stay, but it has specific scenarios. It includes the father, mother or guardian of a minor who is a national of another European Union Member State, the European Economic Area or Switzerland, under the conditions of residence, care, cohabitation or parental obligations of Article 127.e). It also covers certain family members who provide support to a person with a disability of those nationalities, when they have them in their care and live with them. It should not be confused with the regime for family members of Spanish nationals. The other arraigo modalities require two years of stay, for which time under temporary protection can be counted.
Minors: Articles 159 and 160
Minor beneficiaries of temporary protection have a specific regime. Instruction three establishes that Articles 159 and 160 of the Regulations apply to them, with important exemptions.
For minors born in Spain (Article 159), the authorization may be applied for at any time, without the six-month deadline from birth or from when the parent obtains residence. For minors not born in Spain (Article 160), the requirement of two years of prior stay and the proof of financial means and accommodation are waived.
In both cases, the authorization may be applied for even if the parents remain under temporary protection.
When assessing these applications, the partial annulments of Articles 159 and 160 declared by the Supreme Court Judgment of 8 July 2026, published in the BOE on 22 September 2026, together with its Rectification Order of 1 September, must be taken into account. They affect references to marital status and certain limitations on absences and guardianship.
Training and arraigo socioformativo
If you are studying and do not meet the requirements for the change under Article 191, the instructions provide for arraigo socioformativo. For this specific scenario they exclude the application of Article 127.d), but require proof that you are enrolled in or attending one of the training activities provided for in Article 52.1. Therefore, you must check the specific training and your situation before choosing this pathway: not just any course allows you to apply. This is an arraigo socioformativo authorization, not a study stay authorization.
This pathway is not a study stay, but a residence authorization under exceptional circumstances that allows you to work.
Other pathways
Additional provision nineteen allows you to apply for any stay or residence authorization whose procedure can be initiated from Spain. This includes, for example, temporary residence for family members of Spanish nationals, regulated in Chapter VII of Title IV of the Regulations. You can also apply for authorizations provided for in Law 14/2013, on support for entrepreneurs.
If you have a family member with Spanish nationality, you may apply, when you meet the corresponding requirements, for the temporary residence authorization for family members of persons with Spanish nationality, regulated in Chapter VII of Title IV of the Regulation. This pathway has a specific regime and should not be confused with that for family members of Union citizens.
National long-term residence
Time under temporary protection counts fully towards the five-year period of legal and continuous residence required for national long-term residence. If you obtain another authorization, both periods are accumulated.
It is important not to confuse national long-term residence with EU long-term residence, which has additional requirements.
Waiver of temporary protection and TIE application
Once you have obtained the new residence authorization, you must expressly waive temporary protection. The waiver is evidenced when applying for the foreigner identity card (TIE), by providing the receipt of the waiver application. You should not waive before obtaining the new authorization, as you would lose your regular status.
Frequently asked questions
What happens if my TIE shows an earlier date?
Temporary protection is extended until 4 March 2028. In Spain, the validity of already issued TIEs is currently automatically extended until 4 March 2027 by Order INT/96/2026, so it is not necessary to obtain a new card. The duration of the temporary protection status and the documentary validity of the TIE must be checked separately in accordance with the regulations in force at any given time.
Does time under temporary protection count for arraigo?
Yes, time spent under temporary protection counts towards the requirement of two years of continuous stay for arraigo, according to instruction two.
Can I work while my change application is being processed?
In the modification of Article 191, you can work while your temporary protection remains in force. In arraigo sociolaboral, Article 130.5 provisionally enables residence and employment as an employee from admission to processing until the decision.
What happens if my new authorization is denied?
If it is denied, you maintain temporary protection while it is in force, unless you waive it. You can try again or explore other pathways.
Can I apply for residence as a family member of a Spanish national if I have temporary protection?
Yes, when its requirements are met. Additional provision nineteen allows applying for any authorization whose procedure can be initiated from Spain, including the temporary residence authorization for family members of persons with Spanish nationality.
If you need guidance on another procedure, you can consult our immigration services in Barcelona.
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Official sources:
- Immigration Regulations (Royal Decree 1155/2024)
- Royal Decree 316/2026, of 14 April
- Implementing Decision (EU) 2026/1912, of 30 July 2026
- Corrigendum to Implementing Decision (EU) 2026/1912
- Instructions of the State Secretariat for Migration
- Order INT/96/2026, of 12 February, extending the validity of foreigner identity cards issued to persons affected by the conflict in Ukraine who are beneficiaries of temporary protection
- Supreme Court Judgment of 8 July 2026 and Rectification Order of 1 September 2026
Sources reviewed on 6 October 2026.
Notice: This article is for informational purposes and reflects the regulations and instructions in force as of the review date indicated. The application of each authorization depends on the specific circumstances of each person and the criteria of the competent Administration. In matters of immigration and temporary protection, regulatory modifications, new instructions, or changes in criteria may occur, so before submitting an application, the current regulations must be checked and the case must be assessed individually.
If you need to assess which route corresponds to your specific situation, you can request an individual assessment of your case.