Humanitarian Residence Permits for Venezuelans in Spain: What Changes in 2026 and How to Move to a 4-Year Residence Permit

Written by Equipo Legal Con Fines · Last updated: 2026-09-25

Humanitarian Residence Permits for Venezuelans in Spain: What Changes in 2026 and How to Move to a 4-Year Residence Permit

If you are Venezuelan and currently hold a residence permit on humanitarian grounds in Spain, an important change introduced in 2026 may affect what you need to do when your current permit approaches its expiry date.

Royal Decree 316/2026 amended Spain’s Immigration Regulations to allow certain people holding residence permits on humanitarian grounds to move to an ordinary residence and work permit. This was followed by SEM Instructions 1/2026, which specifically explain how this transition should be handled.

The main change is significant: if you hold the relevant type of humanitarian residence permit and meet the applicable requirements, you may be able to move to a 4-year residence and work permit, without needing an employment contract in order to make this modification.

However, not every Venezuelan is in the same situation. The first step is to check exactly which type of residence permit you hold and when it expires.

Who does this change apply to?

Although this situation affects many Venezuelan nationals in Spain, it does not apply to every Venezuelan living in the country.

This specific route is intended for people who hold a:

temporary residence permit due to exceptional circumstances on humanitarian grounds, granted under Article 128.1(a) of the Spanish Immigration Regulations.

This type of permit may be granted following the refusal of an international protection application when the person is nevertheless authorised to remain in Spain on humanitarian grounds.

Until now, this residence permit was initially granted for one year and could be extended for further one-year periods. It also allows the holder to work both as an employee and on a self-employed basis, without geographical or occupational restrictions.

For this reason, before preparing any application, check your original decision.

Being Venezuelan or having a humanitarian TIE is not enough on its own: your decision should confirm the specific legal basis under which your residence permit was granted.

What changed in 2026?

Royal Decree 316/2026, of 14 April, amended Article 191.7 of the Spanish Immigration Regulations.

Until then, humanitarian residence permits granted under Article 128.1(a) were excluded from the modification procedure regulated under Article 191.

The reform expressly removed that exclusion, allowing holders of these permits to move to a residence and work permit.

This was followed by SEM Instructions 1/2026, of 17 June 2026, which established the specific conditions for making this transition.

In other words, people who fall within this category now have a specific route to move away from annual humanitarian permits and obtain a longer-term residence and work permit.

Does this mean my humanitarian residence permit is no longer valid?

No.

If you currently hold a valid humanitarian residence permit, the regulatory change does not automatically cancel your residence status.

Your authorisation remains valid for the period for which it was granted.

What you need to check is what to do as its expiry date approaches, as there is now a specific route for modifying it into an ordinary residence and work permit.

What type of residence permit can I move to?

People holding a humanitarian residence permit under Article 128.1(a) may apply for a temporary residence and work permit under Article 191 of the Spanish Immigration Regulations.

To use this route, at least the first year of your humanitarian residence permit must have elapsed.

You do not need to obtain a new visa beforehand.

One of the most important changes is the duration of the new permit:

the new residence and work permit is granted for 4 years.

This means that you are not simply renewing the same humanitarian permit for another year. You are moving to a different type of residence authorisation.

Do I need an employment contract?

This is probably one of the most important questions.

You do not need an employment contract to qualify for this specific modification route.

SEM Instructions 1/2026 expressly provide that people using this transitional route do not have to meet the requirements set out in Article 191.3 of the Spanish Immigration Regulations.

This is important because those are the requirements that would normally require applicants to demonstrate certain employment or professional circumstances when applying for an ordinary modification.

Therefore, if you are currently:

• unemployed;
• no longer working for your previous employer;
• without a new employment contract;
• not self-employed; or
• have had periods without Social Security contributions,

this does not, by itself, prevent you from using this route.

The authorities will still need to check the other applicable requirements, so each application should be assessed individually.

When can I apply for the modification?

You do not necessarily have to wait until the exact day your current permit expires.

The application may be submitted:

• during the 2 months before your current authorisation expires; or
• during the 3 months after its expiry date.

If you submit your application within these periods, your legal status is extended until a decision is issued on your application.

A simple example

If your current authorisation expires on 15 December 2026, you could submit the modification application from 15 October 2026.

You may also be able to submit it during the three months following the expiry date.

Even so, if you can prepare your application before your current authorisation expires, it is advisable not to leave the process until the last minute.

What if my TIE has already expired?

If your card expired recently, this does not necessarily mean that you have lost the possibility of applying for the modification.

The Instructions allow the application to be submitted during the 3 months following the expiry of the authorisation.

If you are still within this period, you may be able to use this route and, provided the application is submitted within the relevant timeframe, your legal status is extended until a decision is issued.

This is why it is important to check the exact expiry date, as even a few days can affect your legal situation.

What happens while I am waiting for a decision?

If you submit the modification application within the two months before or the three months after expiry, SEM Instructions 1/2026 provide that your legal status is extended until the application is decided.

This means that you do not automatically become irregular simply because your previous authorisation reaches its expiry date while the Immigration Office is still processing your application.

Do I need to apply for a new visa?

No.

This modification can be made from within Spain and without obtaining a new visa, provided you meet the conditions established for this route.

Which requirements still matter?

The fact that you do not need to meet the employment-related requirements of Article 191.3 does not mean that the new residence permit is granted automatically.

The Instructions expressly provide that certain other requirements under the Spanish Immigration Regulations must still be assessed.

For this reason, before submitting your application, it is important to check whether there are any circumstances that could affect your case, such as issues concerning the documents submitted, criminal records, or matters relating to public order or security.

If there is any potential issue, it is better to review it before submitting the application rather than waiting to receive a request for additional documents or a potentially unfavourable decision.

Are police records and criminal records the same thing?

No.

Having a police record does not automatically mean that you have a criminal record, nor should it automatically be interpreted as grounds for refusal.

If you have previously been arrested, reported to the police, involved in criminal proceedings or had any similar issue, it is important to establish your actual legal situation before submitting your application.

Depending on the circumstances, it may be necessary to check which records exist, the current status of any proceedings and whether any action should be taken beforehand.

What if the Immigration Office asks me for an employment contract?

If you are applying through this specific modification route and receive a request asking you to provide an employment contract or other employment-related documents, it is advisable to review the request carefully before responding.

SEM Instructions 1/2026 expressly provide that this transition is carried out without requiring applicants to meet the requirements of Article 191.3.

You should therefore not automatically assume that you need to find an employment contract in order to continue with your application.

The first step is to check exactly what the Immigration Office has requested, which procedure was submitted and whether the request actually applies to your situation.

Which documents should I prepare?

The exact documents will depend on your circumstances, but one thing is particularly important: you should be able to show clearly which residence authorisation you hold and how long you have held it.

Before submitting your application, it is advisable to have the following documents available:

• your passport;
• your current TIE;
• the original decision granting you residence on humanitarian grounds;
• any subsequent extension decisions you have received;
• documents showing the relevant dates of your residence authorisations; and
• any documents required to clarify specific circumstances affecting your case.

If you have been renewing your humanitarian residence permit for several years, it is particularly important to keep all your previous decisions rather than relying only on your most recent TIE.

What happens if I have minor children?

SEM Instructions 1/2026 also contain specific rules for certain minor children of people holding these residence permits.

If your child was born in Spain

Minor children born in Spain may qualify for the residence authorisation for children born in Spain regulated under Article 159 of the Spanish Immigration Regulations.

The Instructions also establish a specific rule for these cases: while the parent continues to hold humanitarian residence under Article 128.1(a), the child's authorisation may be applied for at any time. The specific six-month period established under Article 159 begins to run when the parent moves to a different type of residence authorisation.

If your child was not born in Spain

There are also specific provisions for certain minor children who were not born in Spain or who are under guardianship.

Where the relevant conditions are met, the usual requirement of two years' prior residence does not apply, nor is it necessary to demonstrate the financial means and accommodation that would normally be required for this type of authorisation.

The child's identity must still be established. If the child does not have the necessary documentation, the Instructions provide for the possibility of applying for a registration certificate (cédula de inscripción) under the conditions established by the Immigration Regulations.

Do I need to apply for an arraigo permit?

Not necessarily.

If you hold a humanitarian residence permit granted under Article 128.1(a) and meet the conditions established by SEM Instructions 1/2026, there is a specific route allowing you to move directly to a 4-year temporary residence and work permit.

Before applying for an arraigo permit or another type of residence authorisation, it is therefore important to check exactly which permit you currently hold and which route applies to your circumstances.

So, what should I do now?

If you currently hold a humanitarian residence permit, start by checking your original decision and your TIE.

Confirm that your authorisation falls under Article 128.1(a), check when the first year of your residence began and note the exact expiry date of your current authorisation.

If the first year has already elapsed and you are within the 2 months before expiry, you may already be within the period for submitting the modification application. If your authorisation has recently expired, check immediately whether you are still within the 3-month period after expiry.

And remember one particularly important point: you do not need to wait until you find an employment contract before checking whether you qualify for this route.

The information on this page is indicative and updated in line with current regulations. Timing largely depends on the competent authority.