The Secretary of State for Migration has published Instruction SEM 1/2026, dated June 17, 2026, a document aimed at establishing uniform criteria for the application of certain provisions introduced by Spain’s Immigration Regulation and facilitating the transition of individuals holding residence permits granted on humanitarian grounds to other residence categories.
The instruction focuses on individuals who hold a temporary residence permit granted under exceptional circumstances on humanitarian grounds pursuant to Article 128.1.a) of the Immigration Regulation. This type of authorization is generally granted following the rejection of an application for international protection and allows the holder to reside and work in Spain.
The full text of Instruction SEM 1/2026 issued by the Secretary of State for Migration can be accessed below (in Spanish):
⏺️ Transition from Humanitarian Residence Permits to other Residence authorizations
According to the Secretary of State for Migration, the purpose of this new instruction is to ensure a consistent interpretation of the regulations and strengthen legal certainty for those affected by the recent amendments to the Immigration Regulation.
Among the key issues addressed by the instruction are:
- The possibility for holders of humanitarian residence permits to access residence and work authorizations through the mechanisms provided under the Immigration Regulation.
- The regulation of certain situations involving foreign minors, including specific criteria for accessing residence authorizations available to accompanied minors.
- The relaxation of certain requirements in specific cases, with the aim of facilitating the transition to more stable residence statuses.
⏺️ How ARC Legal Can Help
Spanish immigration law is constantly evolving. At ARC Legal, we closely monitor legislative developments, official instructions, administrative guidelines, and government decisions that may affect foreign nationals, businesses, and professionals.
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Prefer to read this article in Spanish 🇪🇸? You can find it here: Autorizaciones por razones humanitarias: criterios para la transición hacia otras autorizaciones de residencia
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, Spanish immigration regulations are subject to change and interpretation by the competent authorities. For advice tailored to your specific circumstances, we recommend consulting a qualified immigration lawyer.
