In short: Instructions SEM 1/2026 (Secretariat of State for Migration) set out the transition mechanism for foreign nationals holding a temporary residence authorisation for exceptional humanitarian circumstances granted under Art.128.1.a of RD 1155/2024 (Regulation of Organic Law 4/2000): they may request modification to a 4-year temporary residence and work authorisation, without needing a visa, once the first year of their humanitarian authorisation has elapsed.
In person or by representative? The instruction does not specify the filing channel; as immigration law generally requires personal appearance for TIE collection and similar acts, prepare for in-person attendance and verify the channel at the competent Oficina de Extranjería.
Context: this humanitarian authorisation is granted following rejection of an international protection application (Arts. 37.b and 46.3 of Law 12/2009) and allows residence and work in Spain (employed or self-employed, with no geographical or occupational limitation) for 1 year, renewable. RD 316/2026 introduced Art.191.7 into the Regulation, enabling modification to a residence and work authorisation.
Instruction ONE — modification to residence and work authorisation:
- Time requirement: the first year of validity of the humanitarian authorisation must have elapsed.
- Filing window: within 2 months before expiry or during the 3 months after (filing within this window extends legal status until resolution).
- No visa required; Art.191.3 requirements do not apply.
- New authorisation valid for 4 years (per Art.191.3 of RD 1155/2024).
- Arts.78.1.d), e) and 80.5 of the Regulation are also assessed.
Instruction TWO — minors (holders or children of holders):
- Minors born in Spain (children of holders): Art.159 of RD 1155/2024 applies; the 6-month window starts from when the parent obtains a different authorisation. Application may be made at any time.
- Minors not born in Spain, single, under 18 or with a disability preventing self-sufficiency, accompanied by the parent holding the humanitarian authorisation: Art.160 applies. They are exempt from: 2-year residence requirement; proof of economic means; and proof of accommodation (normally required for family reunification). If undocumented, identity must still be proved; they may apply for an inscription certificate (Art.210 of the Regulation).
Official source: Instructions SEM 1/2026 — PDF Migraciones.
Informational only; check the official source and a professional for your specific case.