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SEM Instructions 2/2026: moving from temporary protection (Ukraine) to an ordinary residence authorisation

SEM Instructions 2/2026: moving from temporary protection (Ukraine) to an ordinary residence authorisation
Bandera de Ucrania ante el Ayuntamiento de Málaga. Foto: Daniel Capilla / Wikimedia Commons, CC BY-SA 4.0 (recortada).

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In short: SEM Instructions 2/2026 (State Secretariat for Migration) set out, for the first time in a uniform way, how a Ukraine temporary-protection holder can move to an ordinary residence authorisation without waiting for temporary protection to end. They rely on Royal Decree 316/2026 (14 April), which added the 19th Additional Provision to the Immigration Regulation. It is not automatic: you must apply for the specific authorisation and meet its requirements.

In person or by representative? Mixed: most of these authorisations are applied for online or via a gestor; some steps (fingerprints / TIE) are in person by prior appointment.

Which authorisations you can move to (the 7 instructions)

  1. Residence and work (modification, art. 191) — if you meet its requirements. Its paragraph-7 limitation does not apply. Guide: modification with EX-26.
  2. Arraigo (art. 125) — you can request it even while holding temporary protection (art. 126.h does not apply). Time under temporary protection counts toward the 2-year residence requirement (art. 126.b). Guide: arraigo with temporary protection: EX-10.
  3. Minors (arts. 159 and 160). Art. 159 (children born in Spain) can be applied for at any time: the 6-month window to apply only starts counting once a parent obtains an authorisation other than temporary protection. Art. 160 (children not born in Spain or under guardianship) is exempt from the 2-year prior-residence requirement and from the economic-means and housing requirements. In both cases they can apply even if no parent has changed authorisation yet. Guide: residence of a minor child: EX-25.
  4. Students — can modify to residence and work (art. 191) or, failing that, request socio-educational arraigo (art. 125.1.d). Guides: modification with EX-26 and arraigo with temporary protection.
  5. Other authorisations under the Regulation and Law 14/2013 (entrepreneurs), including residence as a family member of a Spaniard (chapter VII). Law 14/2013 authorisations are applied for online with the Large Companies and Strategic Collectives Unit (UGE-CE). If it does not decide within 20 working days, the authorisation is deemed granted (art. 76.1). If you are an entrepreneur, the UGE-CE also asks ENISA for a favourable report on your project (art. 70). Guide: family member of a Spaniard on temporary protection: EX-24.
  6. Long-term residence: time under temporary protection counts fully toward the 5-year continuous legal residence; the periods accumulate. Guide: long-term residence from temporary protection: EX-11.
  7. Transition procedure — once you obtain the new authorisation, you must expressly renounce temporary protection (art. 24.1.d of RD 1325/2003). The renunciation is evidenced when applying for the TIE. Guide: renouncing temporary protection: when and how.

Context: Ukraine temporary protection remains in force until 4 March 2028, because Decision (EU) 2026/1912 extended it. TIE cards are a separate matter: Order INT/96/2026 extended their validity until 4 March 2027, and no Spanish order extending them to 2028 has been published yet. At the end of March 2026 there were 262,830 people residing in Spain under temporary protection.

Related: if the procedure you choose asks for the Ukrainian criminal record certificate, see how to get it from Spain.

Official source: SEM Instructions 2/2026 (PDF) · list: Instrucciones — Migraciones.

Informational only; each authorisation has its own requirements. Check the official source and a professional for your case.

Frequently asked questions

I have temporary protection (Ukraine). Can I move to an ordinary residence authorisation?

Yes. SEM Instructions 2/2026 (based on RD 316/2026, which added the 19th additional provision to the Immigration Regulation) let a temporary-protection holder apply from within Spain for: modification to residence and work (art. 191), arraigo (art. 125), other authorisations, residence as a family member of a Spaniard, and the entrepreneur authorisations of Law 14/2013. Time under protection counts toward arraigo (2 years) and long-term residence (5 years). It is not automatic: you must apply and meet the requirements of the specific authorisation. Once you obtain the new authorisation, you must renounce temporary protection.

Does the time I spent under temporary protection count?

Yes. For arraigo (art. 125), time under protection counts toward the 2-year residence requirement (art. 126.b). For long-term residence, it counts in full toward the 5 years of continuous legal residence, and the periods accumulate.

Do I have to renounce temporary protection?

Yes, but only AFTER obtaining the new authorisation. The Seventh Instruction requires an express renunciation of temporary-protection status (art. 24.1.d of RD 1325/2003). You prove that renunciation when applying for the TIE of the new authorisation, with the receipt of the renunciation request.

Is the switch automatic?

No. You have to APPLY for the specific authorisation (residence and work, arraigo, etc.) and meet its requirements. Meanwhile you keep temporary protection: Decision (EU) 2026/1912 extends it until 4 March 2028. Order INT/96/2026 extended something else, the validity of TIE cards, until 4 March 2027; no Spanish order extending TIE cards to 2028 has been published yet.

Official source: inclusion.gob.es

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SEM Instructions 2/2026: moving from temporary protection (Ukraine) to an ordinary residence authorisation

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