A joint Instruction issued by the Dirección General de Gestión Migratoria (Directorate General for Migration Management) and the General Commissariat for Immigration and Borders (Comisaría General de Extranjería y Fronteras) has been published, introducing a measure of significant practical impact for Belarusian nationals residing in Spain.
The Instruction establishes that expired Belarusian passports may be accepted for the processing of immigration permits and for the issuance of the Foreigner Identity Card (TIE), provided that the extraordinary circumstances that motivated this decision remain in force.
Below, you can access the full text of the joint Instruction as published by the Spanish authorities (in Spanish):
⏺️ Context: the real impossibility of renewing passports
This measure responds to an exceptional situation affecting thousands of Belarusian citizens living outside their country. Since September 2023, the Belarusian authorities have prohibited their embassies and consulates abroad from issuing or renewing passports, forcing their nationals to return to Belarus in order to complete these procedures.
In many cases, such a return entails a real risk of detention for political reasons, resulting in serious violations of fundamental rights. This situation has been denounced both by the Office of the United Nations High Commissioner for Human Rights and by the Council of the European Union, which has urged Member States to adopt practical solutions to guarantee the right to identity and freedom of movement.
💡 The Directorate General for Migration Management and the General Commissariat for Immigration and Borders had previously adopted a similar measure in relation to Venezuelan nationals, in response to objective difficulties in obtaining or renewing passports through their consular authorities.
Instruction: Validity of expired Venezuelan passports for immigration procedures in Spain
⏺️ The issue in Spain: administrative irregularity beyond the applicant’s control
Spanish immigration regulations generally require the submission of a valid passport in order to:
- Apply for or renew residence and stay permits
- Process work authorisations
- Issue or renew the Foreigner Identity Card (TIE)
The material impossibility of renewing passports had been giving rise to situations of administrative irregularity, not due to the individual’s actions, but as a result of circumstances entirely beyond their control.
⏺️ What the Instruction specifically provides
The joint Instruction establishes a clear and directly applicable criterion:
- Expired Belarusian passports may be accepted for:
- Any immigration procedure processed within Spanish territory
- The issuance and collection of the TIE
- The measure applies exclusively to Belarusian nationals who are present in Spain
- Its application is limited to the period during which the extraordinary circumstances that justified it continue to exist
This is therefore an exceptional solution, but one of considerable practical importance for ensuring administrative continuity and legal certainty for the individuals concerned.
⏺️ How ARC Legal can assist
In situations involving exceptional administrative circumstances or documentary difficulties, it is particularly advisable to carry out an individual assessment of each immigration file.
A correct evaluation of the applicable legal framework, together with proper preparation of the application and supporting documentation at each stage of the procedure, helps to minimise incidents, avoid unnecessary delays, and ensure correct processing before the Immigration Offices and the competent Police Stations.
At ARC Legal, we can assist with:
- Assessing whether your procedure falls within the scope of application of the Instruction
- Preparing and submitting your application before the Immigration Office
- Assisting with the TIE process before the Police
- Resolving practical issues arising from the application of the new criterion
You may contact us for a personalised review of your situation.
Related publications
- Instruction: Validity of expired Venezuelan passports for immigration procedures in Spain
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- Spain Sets a Historic Record in International Protection Decisions in 2025
¿Prefieres leer este artículo en español 🇪🇸? Aquí te dejamos el enlace: Instrucción conjunta sobre admisión de pasaporte de nacionales de Bielorrusia
The information provided in this article is for informational purposes only and does not constitute legal advice. While we strive to provide accurate and up-to-date information, immigration regulations are subject to change and interpretation by the competent authorities. For personalized and current legal advice, we recommend consulting a specialized immigration lawyer.