A typical situation: the family fled Ukraine in 2022 and the child was born afterwards — at a grandmother's in Ukraine, in Poland on the way, in another EU country. Or the child stayed in Ukraine with relatives and is only now joining the parent. In Spanish databases this child does not exist: no NIE, no card. School and healthcare do not depend on this: the right and duty to attend school up to age 16 (and the right to further education up to 18) belong to every foreign child under art. 9 of Ley Orgánica 4/2000, and healthcare for foreigners without legal residence is provided on the same terms as for Spaniards (art. 3 ter of Ley 16/2003). But without an application the child will have no status of their own, no NIE and no TIE. The good news: since June 2026 families under temporary protection have an expressly described official route, and it is simpler than commonly assumed.
The gist in one paragraph
Work out which track is yours — it depends on the status of the parent. Parent under temporary protection: a child who lived in Ukraine before 24 February 2022 obtains temporary protection in their own right; a child born after that date outside Spain is processed under art. 160 of the Reglamento at the Oficina de Extranjería under Instrucciones SEM 2/2026 — without the two-year residence requirement and without proof of income/housing. Parent is a regular resident: reagrupación familiar with a visa through the consulate, or the same art. 160 with the full conditions. These paths must not be mixed: they involve different authorities, forms and timelines.
Two tracks: what determines the path
The key question is the parent's status in Spain:
- Track A — temporary protection (protección temporal). The parent is a beneficiary of Ukrainian temporary protection (a residence permit under Decisión de Ejecución (UE) 2022/382). This is the main scenario for our audience.
- Track B — the regular regime. The parent holds a regular residence permit (employment, arraigo, self-employment and so on). Important: the general reagrupación familiar route described below is not universal for every status. Student parents (estancia de larga duración por estudios) have their own regime for family members (art. 56 of the Reglamento), and holders of Ley 14/2013 permits (digital nomad, highly qualified) have theirs (art. 62.4 of Ley 14/2013): different forms and requirements. If your status is studies or Ley 14/2013, the general route below does not apply to you literally — check your own regime.
Let us go through both, starting with the first.
Track A: parent under temporary protection
Case 1: the child lived in Ukraine before 24 February 2022
A child who lived in Ukraine before 24 February 2022 and stayed there (with a grandmother, with the other parent) and is now coming to Spain qualifies for temporary protection in their own right: art. 2(1)(a) of Decisión (UE) 2022/382 covers Ukrainian nationals who resided in Ukraine before that date, and art. 2(4) covers the minor unmarried children of a beneficiary or of their spouse, provided the family was present in Ukraine before 24 February 2022. In the Spanish regulation the same logic is set by art. 21 of RD 1325/2003: protection extends to members of a family "already constituted in the country of origin" and separated by the circumstances, and the application is processed by the Oficina de Asilo y Refugio (OAR).
Filing works as for any temporary-protection applicant (art. 2 of Orden PCM/169/2022): in person, before Policía Nacional officers at the CREADE centres of the Ministerio de Inclusión (Barcelona, Pozuelo de Alarcón near Madrid, Málaga) or at the designated comisarías of your province; for a child under 18 the application is filed by the responsible adult. Bring the child's passport or travel document and the documents proving the family tie (birth certificate); neither Orden PCM/169/2022 nor RD 1325/2003 requires a translation or an apostille for them. The NIE is already stated on the resguardo confirming the application, the decision is issued within 24 hours, and then comes a cita at the comisaría for the TIE card. The child receives the same status as the parent, with the same dates.
For adult relatives applying for temporary protection now there is an added condition: Decisión (UE) 2026/1912 (art. 2) requires, from 31 July 2026, proof that military obligations in Ukraine have been fulfilled or that the person is exempt; Ucrania Urgente describes this requirement as applying "from August 2026". It does not concern children.
Case 2: the child was born after 24 February 2022 outside Spain
A child conceived or born after the war began — in Ukraine, in Poland, in another EU country — does not literally fall within the definition of a family member "already present in Ukraine before 24 February 2022". For this child there has been a direct answer since June 2026: Instrucciones SEM 2/2026 of the Secretaría de Estado de Migraciones (signed 22.06.2026), instruction TERCERA, para. 2: children of temporary-protection beneficiaries not born in Spain (and children under guardianship) are covered by art. 160 of the Reglamento de Extranjería (RD 1155/2024) — "residencia de la persona acompañada menor de edad no nacida en España", also known as Hoja informativa 42. Conditions: the child is under 18 at the time of filing (or an adult with a disability unable to provide for themselves), has not formed their own family and is in Spain with a parent or guardian who holds a residence permit under Decisión (UE) 2022/382. These families are exempt from the requirement of two years of the child's prior stay in Spain and from proof of income and housing, which art. 160 requires in the ordinary case. The basis is Disposición adicional 19.ª of the Reglamento as amended by RD 316/2026: holders of a temporary-protection permit may apply for residence permits under the Reglamento without leaving Spain. Para. 3 of the instruction adds: the application can be filed even if neither parent has yet moved from temporary protection to another permit.
An extension of temporary protection to such a child is not described in any text
Neither art. 21 of RD 1325/2003 (a family "already constituted in the country of origin"), nor art. 2(4) of Decision (UE) 2022/382 (a family present in Ukraine before 24 February 2022), nor the Ucrania Urgente and Ministerio del Interior pages describe temporary protection for a child born after that date. If an office offers to "process temporary protection for the child", ask for a written basis. The one officially published route for such a child is art. 160 at the Oficina de Extranjería under SEM 2/2026. That is a ministerial instruction, not a law, and Hoja 42 (updated in May 2025) still lists the two years of stay and income/housing — bring a printout of instruction TERCERA to the appointment.
How the art. 160 application is filed
- Where: the Oficina de Extranjería of the province where the child is registered — in person by one parent or the guardian, or electronically through the sede electrónica (Mercurio) with a digital certificate or through a representative (abogado, gestor).
- Form and documents (art. 160.4 + Hoja 42): form EX-25; a full copy of the passport or travel document of the child and of the filing parent; the child's birth certificate (or the guardianship document); for a school-age child, a certificate of enrolment at an official centre (art. 160.3); the other parent's consent or documents on sole custodia or a court authorisation; the fee receipt. Documents on two years of stay and on income/housing are not needed for temporary-protection families — but bring the parent's TIE or resolución to show the SEM 2/2026 basis.
- Fee: modelo 790 código 052, epígrafe 2.1.5 "autorización inicial de residencia temporal de menores extranjeros acompañados" — 10.94 € under Orden PJC/617/2025; to be paid within 10 working days of filing.
- Deadlines: processing takes 1 month (art. 160.5); if there is no answer, the application is deemed refused by silence — a recurso is needed, do not wait. An incomplete set triggers a requerimiento with 10 days to remedy.
- Result: a permit for 5 years from the date of the resolution, without a visa (art. 160.7); on reaching working age it entitles the holder to work without any separate procedure (art. 160.8). Within 1 month of notification the child, accompanied by a parent, requests the TIE in person at the Policía Nacional comisaría (art. 160.6): form EX-17, photo, tasa 790 código 012 — 16.08 € (epígrafe 4.2 of Orden PJC/617/2025).
The child's NIE is assigned automatically
There is no separate NIE procedure to go through: under art. 160 the number is assigned as part of the residence permit, and under temporary protection it already appears on the resguardo confirming the application (art. 2.5 of Orden PCM/169/2022). How the NIE system works in general and how the number differs from the card is covered in the guide on the NIE for Ukrainians.
The Supreme Court judgment of 8 July 2026
The Sala Tercera of the Tribunal Supremo (sentencia 868/2026, published in the BOE on 22 September 2026) annulled two passages of art. 160. In para. 1, the word "solteros": the marital status of a child under 18 is no longer a condition. In para. 2, the proviso "siempre y cuando esta relación haya sido constituida conforme al ordenamiento jurídico español" for children under guardianship: a guardianship established under Ukrainian law (for example, a grandmother or aunt officially appointed as guardian) is now accepted without being re-established under Spanish law. It is precisely to guardians that SEM 2/2026 expressly extends art. 160.
The parents' temporary-protection dates
- Temporary protection in the EU runs until 4 March 2027 (Decisión (UE) 2025/1460) and has been extended to 4 March 2028 by Decisión (UE) 2026/1912, applicable from 5 March 2027.
- Spanish TIEs of temporary-protection beneficiaries are valid until 4 March 2027 without replacing the card (Orden INT/96/2026); the extension of cards for the next period is arranged by a separate order of the Ministerio del Interior.
- The child's art. 160 permit is issued for 5 years and does not depend on these dates. A child who obtained temporary protection (case 1) lives by the same dates as the parent. What happens to the status next is the subject of the guide on moving from temporary protection to residence.
Track B: the parent is a regular resident (without temporary protection)
If the parent holds a regular residence permit, temporary protection and SEM 2/2026 do not apply to the child — the general regime works.
- If the child is still abroad — reagrupación familiar under RD 1155/2024 (in force since 20 May 2025, arts. 65–68). It can be filed by a parent who has lived in Spain for at least a year and has applied for a permit of at least another year (art. 68.1); required are income (150 % of IPREM for two people plus 50 % for each further member, with a possible reduction for minors), adequate housing and health insurance (art. 67). Application EX-02 at the Oficina de Extranjería, decision within 2 months; the child then obtains a visa at the Spanish consulate and enters within 1 month (art. 68.5). Allow for months.
- If the child is already physically in Spain — art. 160 of the Reglamento without the visa stage, but with the full conditions: 2 years of the child's continuous, documented stay in Spain before filing (arts. 160.1 and 160.4.e) plus the parents' income and housing under art. 67 (art. 160.4.f). The application may be filed while the parent's own permit is still being processed. A child who has only just arrived is not covered by this provision — for them the path is the same as for "the child is still abroad", or waiting out the two years.
Art. 160 conditions — do not confuse them with the closed temporary regularisation
The regularisation under DA 21.ª of RD 1155/2024 (arraigo extraordinario for adults who lived in Spain before 1 January 2026) allowed applicants' children to use art. 160 without the two years and without income/housing, given 5 months of the child's continuous stay; Hoja 28 ter extended the same relief to children of regular residents if the application was filed before 30 June 2026. That deadline has passed: for regular residents the full conditions of art. 160 apply again. Temporary-protection beneficiaries were never covered by DA 21.ª at all (para. 1.c) — their art. 160 relief comes from SEM 2/2026 and has no time limit while the parent remains under protection.
Documents: what is usually required
The list below comes from art. 160.4 of the Reglamento and Hoja informativa 42; check the set for your particular province at the cita.
- The child's passport or travel document — full copy, original for presentation.
- The child's birth certificate. For Ukrainian documents Hoja 42 requires an apostille (Ukraine and Spain are parties to the 1961 Hague Convention, so consular legalisation is not needed) and a sworn translation (traductor jurado) into Spanish or the co-official language of the province.
- Proof of the family tie or guardianship. The birth certificate is usually enough; for guardianship, the decision appointing the guardian (since 8 July 2026, also under Ukrainian law).
- The parent's documents: a copy of the passport and the TIE or the resolución of temporary protection or of residence.
- If only one parent is filing — a declaration or consent of the other parent to the child residing in Spain, or documents on sole custodia or a court authorisation.
- For a school-age child — a certificate of enrolment at an official educational centre and a declaración of compliance with the schooling obligation (art. 160.3).
The apostille is affixed in Ukraine — plan ahead
The Embassy of Ukraine in Spain states plainly: affixing apostilles is outside the competence of diplomatic and consular establishments. On documents of justice bodies, including civil-registry certificates, the apostille is affixed by the Ministry of Justice of Ukraine. If the document is already with you in Spain without an apostille, arrange it through relatives or a representative in Ukraine before booking the appointment — so you do not lose the cita over one stamp. For the temporary-protection application itself (case 1) neither an apostille nor a translation is required by the norms; if asked for them, ask which norm the requirement rests on, and file.
Step by step
The steps below are for case 2 of track A (parent under temporary protection, child born after 24 February 2022 outside Spain, art. 160 under SEM 2/2026). For case 1 the ordinary temporary-protection filing at a CREADE or comisaría applies; for track B, reagrupación familiar or art. 160 with the full conditions, see above.
Identify your case
The parent is a temporary-protection beneficiary and the child was born after 24 February 2022 outside Spain. If the child lived in Ukraine before that date — apply for temporary protection in the child's own right; if you hold a regular residence permit — see track B.
Prepare the child's documents
Passport or travel document; birth certificate with an apostille (affixed in Ukraine) and a sworn translation; for a school-age child, a certificate of enrolment.
Gather the parents' documents
Copies of passports, TIE or resolución of temporary protection; the other parent's consent or documents on guardianship or sole custodia.
Pay the fee and file EX-25
Modelo 790 código 052, epígrafe 2.1.5 (10.94 €); application EX-25 at the provincial Oficina de Extranjería in person or through the sede electrónica. Bring a printout of instruction TERCERA of SEM 2/2026.
Wait for the resolution
The deadline is 1 month; silence means refusal. The permit is issued for 5 years and the NIE is assigned within the procedure.
Request the TIE card
Within 1 month of notification — cita at the Policía Nacional, the child attends with a parent; tasa 790 código 012 (16.08 €).
Common mistakes
- Following the wrong track. A family under protection books a "regular" reagrupación familiar with a consular visa — and loses months. For a child born after 24 February 2022 your procedure is art. 160 under SEM 2/2026 at the Oficina de Extranjería.
- Arriving without an apostille and a translation. For art. 160 Hoja 42 expressly requires an apostille and a sworn translation of the birth certificate. The apostille is affixed in Ukraine; the consulate does not affix it.
- Assuming art. 160 works for a regular resident's newly arrived child (track B). The provision requires 2 years of the child's continuous stay in Spain; the eased procedure under DA 21.ª closed on 30 June 2026. Without temporary protection for the parent the SEM 2/2026 relief does not apply.
- Not bringing the other parent's documents. If the other parent is not present, the absence of their consent or of guardianship documents is a frequent reason for a filing to be turned away.
- Waiting for an answer after a month of silence. Under art. 160.5 administrative silence is a refusal. Count the deadline from the filing date and, once it expires, file a recurso or a new application — do not wait for a letter.
Frequently asked questions (FAQ)
The child was born in Ukraine or in another country after 24 February 2022 and we hold temporary protection. Is there an official route for them?
Yes, since June 2026. Instrucciones SEM 2/2026 of the Ministerio de Inclusión (instruction TERCERA, para. 2) expressly apply art. 160 of the Reglamento de Extranjería (RD 1155/2024) to children of temporary-protection beneficiaries who were not born in Spain: for them the two-year residence requirement and the income and housing requirements are waived. The application is filed at the Oficina de Extranjería and the permit is issued for 5 years. An extension of temporary protection itself to such a child is not described in any published text: art. 2(4) of Decision (UE) 2022/382 speaks of a family that was present in Ukraine before 24 February 2022.
Do I need an apostille on the Ukrainian birth certificate?
For the art. 160 application, yes: Hoja informativa 42 requires foreign documents to be translated by a sworn translator (traductor jurado) and legalised, and for Ukraine legalisation is replaced by an apostille (both countries are parties to the 1961 Hague Convention). The apostille is affixed in Ukraine: on documents of justice bodies, including civil-registry certificates, by the Ministry of Justice of Ukraine; the embassy and consulates of Ukraine do not affix apostilles. For the temporary-protection application itself no norm requires a translation or an apostille.
Where do I file if the child is already in Spain?
Under art. 160 — at the Oficina de Extranjería of the province where the child is registered: in person by one parent, or electronically through the sede electrónica (Mercurio). That is not a CREADE and not a police station. If instead the child lived in Ukraine before 24 February 2022 and has only now arrived, the child qualifies for temporary protection in their own right — the application is filed at a CREADE (Barcelona, Pozuelo de Alarcón, Málaga) or at the designated Policía Nacional comisaría of your province.
How much does it cost?
Under art. 160: the processing fee is modelo 790 código 052, epígrafe 2.1.5, 10.94 € (Orden PJC/617/2025), plus the TIE card — modelo 790 código 012, 16.08 € (epígrafe 4.2). For the temporary-protection application no fee is set in the norms; for the temporary-protection TIE the appointment portal requires the same tasa 790 código 012.
Will the child be assigned a NIE?
Yes. Under temporary protection the NIE already appears on the resguardo confirming the application (art. 2.5 of Orden PCM/169/2022); under art. 160 the NIE is assigned as part of the residence-permit procedure itself. There is no need to apply for a NIE separately.
We are regular residents, not under protection. What should we do?
If the child is still abroad — reagrupación familiar under RD 1155/2024 (arts. 65–68): it can be filed once the parent has lived in Spain for a year and has applied for a renewal of at least another year; after approval the child obtains a visa at the consulate and enters within 1 month. If the child is already in Spain — art. 160 without a visa, but with the ordinary conditions: 2 years of the child's continuous stay in Spain plus the parents' income and housing under art. 67. A newly arrived child of a regular resident is not covered by this provision.
I am filing alone, without the other parent. What will I need?
Hoja 42 requires a declaration or consent of the other parent to the child residing in Spain, except where the filing parent has sole custody or there is a court authorisation — in which case the documents proving that are attached (art. 160.1 of the Reglamento). If the child is under guardianship (for example, of a grandmother with temporary protection), since 8 July 2026 a guardianship established under Ukrainian law is accepted as well — the Supreme Court annulled the requirement that it be constituted under Spanish law.
Check for updates and get advice
This is informational material, not legal advice. Instrucciones SEM 2/2026 are a ministerial instruction, not a law: the practice of a particular Oficina de Extranjería may lag behind it, so bring a printout of instruction TERCERA to the appointment. Document sets and booking channels vary by province and change over time — before filing, check with the Oficina de Extranjería or an abogado de extranjería. If you are unsure which track is yours, do not guess: a wrong track costs months. Facts checked against primary sources: September 2026.
This guide was prepared by the Expato team and is updated regularly. If you have questions or spot inaccuracies, write to us. Facts checked against primary sources: September 2026.