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Ukrainians in Spain 2026: 4 paths to residence

After the 22 June 2026 instruction, Ukrainians on temporary protection can switch to regular residence. 4 profiles: documents, timelines, sources.

Expato··19 min read

Temporary Protection status — verified 15 August 2026

  • EU temporary protection has been extended to 4 March 2028 (Council Implementing Decision (EU) 2026/1912, adopted 30.07.2026, in force since 05.08.2026) — this is an adopted act, not a proposal.
  • The Spanish TIE card remains automatically valid until 4 March 2027 (Orden INT/96/2026). You do not need to get a new card.
  • A separate Spanish Orden extending the cards themselves to 2028 had not yet been issued as of the verification date — watch BOE and Ucrania Urgente for updates.
  • The date printed on the physical card (it may say 2025/2026) does not matter — go by the dates above, not by what is printed on the plastic.

In short

The instruction of 22 June 2026 (SEM 2/2026) opened a clear path for Ukrainians on temporary protection toward an ordinary residence permit — via employment or self-employment — and later toward permanent residence. 4 categories: first wave (March 2022), later arrivals, non-working, children — each with its own route. Legal basis: Disposición Adicional 19ª; the TIE card for temporary protection runs until 4 March 2027 (at EU level protection has been extended to 2028) — there's time, but it's best not to delay.

On 22 June 2026 the Secretaría de Estado de Migraciones signed an instruction (SEM 2/2026) that significantly simplified the switch for Ukrainians from temporary protection to a regular residence permit and onwards to permanent residence. This is not a new law — it is a clarification of how to apply the already-effective Reglamento de Extranjería as amended by RD 316/2026, but very much in Ukrainians' favour. This guide is a practical breakdown: which of the 4 categories you belong to and what exactly to do, which documents to prepare and why it is better not to delay.

This is an informational guide, not legal advice

The material is based on primary sources (BOE, Ministry of Inclusion, instruction SEM 2/2026) and on a practising immigration lawyer's public breakdown. The practice of immigration authorities changes, and every situation is individual — before applying, consult a lawyer specializing in extranjería. Our directory has Russian- and Ukrainian-speaking immigration lawyers.

What exactly changed on 22 June

The SEM instruction is a ministry clarification of how the existing regulation is applied, not a new law: for the first time it opens a clear route for Ukrainians on temporary protection to a regular residence permit via employment or self-employment. You apply from within Spain, without a visa and without renouncing temporary protection in advance — the renunciation comes only after the new permit is granted.

  • This is an instruction (SEM 2/2026), not a change to the regulation: it binds the offices to apply Disposición Adicional 19ª uniformly and in the applicants' favour.
  • The key point: instruction PRIMERA lifts the art. 191.7 ban that closed to temporary-protection holders the modification into a regular residence permit with the right to work — via employment (cuenta ajena) or self-employment (cuenta propia). The other requirements of art. 191 remain. Previously such a switch was effectively closed: the «pasarela» itself had never been regulated, as Orden INT/96/2026 expressly acknowledged in February 2026.
  • The legal basis is Disposición Adicional 19ª (RD 1155/2024 as amended by RD 316/2026, in force from 16 April 2026): you can apply from within Spain, without a visa, without renouncing temporary protection in advance. The renunciation comes only after obtaining the new permit, and the receipt of the renunciation is shown when requesting the new TIE (instruction SÉPTIMA).
  • The Spanish TIE card has been extended until 4 March 2027 (and protection itself, at EU level, is already extended until 4 March 2028, Decision (EU) 2026/1912, applying from 5 March 2027) — there is enough time to prepare.

«30 June» was about something ELSE

The 30 June 2026 deadline belonged to two separate extraordinary procedures of RD 316/2026: arraigo extraordinario for people who were in Spain before 1 January 2026 (DA 21ª of the Regulation) and arraigo for international-protection applicants (DA 20ª). Both expressly excluded current and former temporary-protection holders (para. 1.c), and their filing window has closed (para. 6). It does not apply to the Ukrainian switch via DA 19ª — that path is available for as long as your temporary protection remains valid (right now the TIE card until 4 March 2027, and at EU level protection until 2028). More detail — in our guide «Temporary protection: change status or wait».

Quick guide: 4 categories

| Who you are | Recommended path | When to act | | ---------------------------------------------- | ---------------------------------------------------------------- | -------------------------- | | 1. First wave (TP since March 2022) | Straight to permanent residence (5 years — from spring 2027) | Prepare for early 2027 | | 2. Arrived later (2-3 years), able to work | Modify to a work residence permit (employment / autónoma) | Already possible now | | 3. Non-working, able to work | Social arraigo or wait | Depending on circumstances | | 4. Children under 18 | 5-year residence permit, minimal documents | Now, separately |

Category 1. First wave (obtained protection in March 2022) → direct path to permanent residence

If you obtained temporary protection in the first wave (first decisions — March 2022) and did not renounce it, by spring 2027 you will have accumulated 5 years of legal residence: instruction SEM 2/2026 (SEXTA) counts time on temporary protection in full.

  • National permanent residence (residencia de larga duración, arts. 183–184 RD 1155/2024) requires 5 years of legal continuous residence before the application (art. 183.1). The five years count from the date of your first temporary-protection permit, not from 4 March 2027.
  • Two deadlines that do not coincide. Under art. 184.2 the application is filed in the 2 months before the current permit expires — if your TIE is valid until 4 March 2027, the window opens roughly from early January 2027. But art. 183.1 requires that the 5 years have already passed at the time of application. Whether an office will accept an application in January when the 5 years are reached only in March, the official texts do not say — check with your Oficina de Extranjería or a lawyer. Fee — €21.87 (Orden PJC/617/2025, epígrafe 2.6); 3 months of silence means approval (art. 184.6).
  • The old 2022 card does not matter — the protection was automatically extended; what matters is that you obtained it once and did not renounce it.
  • Working is not mandatory. The Regulation for national larga duración requires neither work, nor means, nor insurance (document list — art. 184.3; unlike larga duración-UE, art. 176 b and c). According to the lawyer, in practice registration (empadronamiento) is enough — a key benefit for those not working.

Nuance on absence from the country

Formally, for permanent residence you may not be absent from Spain for more than 6 months in a row or more than 10 months in total over 5 years; for work-related absences the limit is 18 months; force majeure is assessed by the office case by case (art. 183.2). In practice, in the lawyer's opinion, this is hard to monitor (visa-free travel within the EU without stamps), and immigration will likely be lenient — but this is a practical forecast, not a guarantee. The risk comes from passport stamps from trips to third countries (USA, Canada, UK). Plan around your travel history and check with a lawyer.

Category 2. Arrived later (2-3 years) → work residence permit now

If you have less than 5 years so far but are able to work — switch to a regular work residence permit without waiting for 2027.

  • A year or more with the temporary-protection permit — art. 191.3: requirements of art. 80 (employment) or art. 86 (self-employment), new permit for 4 years straight away; midway through the term you reach a combined 5 years → permanent residence (instruction SEXTA adds both periods together). Less than a year — art. 191.2: all requirements of art. 74, including the situación nacional de empleo, and a 1-year permit. How offices count the «year» for protection holders, the instruction does not specify — confirm with your office.
  • Form — EX-26, processing time 3 months, silence means refusal (Hoja informativa 55). Fees: modelo 790 código 052, epígrafe 2.5.2 — €10.94, paid by the applicant; for employment the employer additionally pays código 062, epígrafe 3.2.2 — €81.54 (Orden PJC/617/2025).
  • Part-time employment. Under art. 74.1 c) — which applies directly to art. 191.2, and to art. 191.3 when you file a new contract under art. 80.2 b) 2.º — with a part-time contract the pay must be at least the SMI for a full-time job on an annual basis; on that route the Regulation does not accept «the minimum for the hours worked».
  • Autónoma. The Regulation sets no hours (art. 84). According to the lawyer, ideally you register for 40 hours, and at 20 hours the earnings matter. Whether a business plan is needed, the primary sources do not settle: under arts. 191.3 and 86.3 you must show the requirements for an initial permit, including art. 84 c) — that the planned investment in the project is sufficient (in practice, a business plan); the official Hoja informativa 55 does not list it among the documents, and Instrucción SEM 2/2026 does not address the point. Check with your Oficina de Extranjería. You can open an autónoma, work and, if necessary, close it — this does not affect the path to permanent residence. You can estimate the approximate monthly Seguridad Social contribution for your expected income with the autónomo contribution calculator.

Leaving the «grey zone» = tax resident

As soon as you officially appear in the system (employment/autónoma), you become a tax resident with all the obligations. This is normal and expected, but calculate the tax side in advance — especially if income was not declared before.

Category 3. Non-working but able to work → arraigo or wait

Social arraigo (arraigo social, art. 125.1 c) is a route to residence based on proven ties to Spain: via a spouse or a first-degree direct-line relative holding a residence permit with proof of funds, or via your own means with proven social integration. For non-working people it is only one of the options: many lawyers advise avoiding it when a work path exists, and the alternative is to stay on temporary protection, which has already been extended. To get a sense of which arraigo route is structurally closest to your situation, you can use the arraigo route orientation quiz — it orients, it does not assess your eligibility.

  • Social arraigo (art. 127 c): with family ties — a spouse, registered partner or first-degree direct-line relative holding a residence permit — you must prove means of at least 100 % of the IPREM (€7200 a year under Ley 31/2022, DA 90ª); without such ties the office assesses integration through the regional informe de integración social. The Regulation does not mention any language exam. You need 2 years of continuous stay (art. 126 b) — time on temporary protection counts «a todos los efectos» (instruction SEGUNDA, para. 2) — and a criminal record certificate (art. 126 d). The permit is issued for 1 year (art. 125.2); fee — €38.28 (epígrafe 2.3.1).
  • Many lawyers dislike arraigo and advise avoiding it if a work path exists.
  • The alternative is to stay on temporary protection: the extension until 4 March 2028 has already been adopted (Decision (EU) 2026/1912 of 30 July 2026; the previous extensions were adopted in October 2023, June 2024 and July 2025) — and then move to permanent residence by seniority. Whether there will be an extension after 2028, no official text says.

Category 4. Children under 18 → the most protected group, act now

A child on temporary protection born outside Spain gets their own five-year residence permit under art. 160 of RD 1155/2024: instruction SEM 2/2026 (TERCERA) removes the requirement of 2 years of prior stay and the proof of means and housing. Apply now, separately from the parents and before the child comes of age — the child must be under 18 at the time of application; you will need the other parent's consent (or sole custody / a court authorisation).

This is, according to the lawyer, the cleanest and cheapest path — and it should not be missed.

  • Permit — for 5 years straight away from the date of the decision (art. 160.7), no visa; decision in 1 month, silence means refusal (art. 160.5); the TIE is requested within 1 month of notification (art. 160.6). Fee — €10.94 (Orden PJC/617/2025, epígrafe 2.1.5).
  • Documents under art. 160.4: full copies of the passports of the child and of the applying parent, birth certificate (a foreign one with a sworn translation and apostille), proof of fee payment and, for a school-age child, proof of enrolment (art. 160.3). Proof of 2 years of stay, means and housing is not required for children of temporary-protection beneficiaries (TERCERA, para. 2). You can apply even if neither parent has changed status yet (TERCERA, para. 3).
  • Apply before the child turns 18 — art. 160.1 requires an age under 18 at the time of application (after 18 they will have to go as an adult, under the general requirements of the chosen route; the criminal record certificate only where that route requires it, see the breakdown below). The word «solteros» in art. 160.1 was annulled by the Supreme Court (STS 868/2026, BOE 22 September 2026).
  • The other parent's consent to the child's residence in Spain is needed, or else sole custody or a court authorisation (art. 160.1) — in the lawyer's practice, apostilled, the original with the applicant.
  • A child born in Spain goes under art. 159: the 6-month filing period starts only when the parent obtains a permit other than temporary protection (TERCERA, para. 1).

Students: estancia por estudios is not residence

A study stay (estancia por estudios) is not a residence permit: it does not count towards the 5 years for national larga duración (art. 183 counts only residencia), and for larga duración-UE it counts only by half (art. 176 a). Instruction SEM 2/2026 (CUARTA) gives students on temporary protection two paths: if you fit art. 191 — modification to a work residence permit; if not — arraigo socioformativo (art. 125.1 d) without the requirements of arts. 126 h) and 127 d), proving studies under art. 52.1. Both are full residencia. If you already have 5 years — go for permanent residence.

Documents and timelines: what to take care of in advance

The key document to prepare in advance is the Ukrainian criminal record certificate, but only if your route is arraigo. On the work-based routes under DA 19ª (employment — art. 74.1 h) RD 1155/2024, self-employment — art. 84 e); under art. 191.3, arts. 80 and 86.5) the Regulation does not require it, though an individual office may ask — route-by-route breakdown below. It is not in the Spanish system, and in the lawyer's practice you need the «classic» certificate — wet stamp, apostille on the original, sworn translation; the «Diia» version or a notarized copy may not be accepted.

Criminal record certificate — depends on the route

Temporary protection was granted without a criminal record certificate, so it is not in the Spanish system. Whether you need it when switching depends on which article of the Regulation (RD 1155/2024) you apply under:

| Route | Provision | Criminal record certificate | | ------------------------------------------ | ----------------- | ------------------------------------------------------------------------------------------- | | Employment (cuenta ajena) | art. 74.1 h) / 80 | No — not among the requirements | | Self-employment (cuenta propia / autónomo) | art. 84 e) / 86.5 | No — not among the requirements | | Arraigo | art. 126 d) | Yes, mandatory | | National larga duración | art. 184.3 e) | «En su caso» — for the 5 years before the application; after 5 years in Spain that is Spain | | Visa | art. 35, 38, 42 | Yes, but a DA 19ª applicant never files a visa |

  • Why. Disposición Adicional 19ª (as amended by RD 316/2026) grants no lightened document set, but it lets you apply from inside Spain under the ordinary procedure — skipping the visa stage, which is where the certificate requirement sits. Art. 78 (refusal grounds for the employment route) does mention the certificate — but at point f) it is about the employer; on the applicant's side (point e) a public-order threat is established by a police report the administration produces, not by a document from the applicant.
  • Arraigo — the date trap. Art. 126 d) requires no criminal record for the 5 years before the date of entry into Spain, not before the application. If you arrived in 2022, you are asked about roughly 2017–2022, that is, entirely the Ukrainian period; until you have lived in Spain continuously for 5 years before applying, that window does not shrink; after that, the foreign certificate is not needed (art. 130.2 1º). Until then, the Ukrainian certificate is unavoidable.
  • Norm ≠ practice. Absence from the article is no guarantee nobody asks: practice varies between Oficinas de Extranjería, and in the lawyer's practice it is, as a rule, asked of all adults. Confirm with your office before filing.
  • Which certificate. In the lawyer's practice — the «classic» Ukrainian certificate with a wet stamp + apostille on the original + sworn translation; the «Diia» version or a notarized copy with apostille may not be accepted.
  • When to order. If your route is arraigo or your office asks for it, order it in advance — this is often the longest item on timelines. On the work-based routes there is no need to hold the application for an apostille.
  • What we did not check. The extraordinary procedures of RD 316/2026 (DA 20ª — international-protection applicants, DA 21ª — arraigo extraordinario) did require the certificate, but excluded temporary-protection holders outright (para. 1.c), and the window closed on 30 June 2026. The routes under Ley 14/2013, also opened by DA 19ª, were not checked.

Timing: better earlier than spring 2027

  • The applicant fills in and pays the modelo 790, código 052 fee themselves: online (with Cl@ve or a digital certificate) or by printing the form and paying at a bank. Amounts under Orden PJC/617/2025: modification under art. 191 — €10.94, arraigo — €38.28, larga duración — €21.87.
  • You can file in person at the Oficina de Extranjería or electronically via Mercurio (Hoja informativa 55): the obligation to file certain applications only electronically (art. 197.2 of the Regulation) was annulled by the Supreme Court in judgment 868/2026 of 8 July 2026 (BOE 22 September 2026).
  • Spring 2027 is the likely peak of load on immigration (applications will come en masse). Applying earlier = fewer queues and risks.

Good news on seniority — and an open question on citizenship

Under instruction SEM 2/2026 (SEXTA), time on temporary protection counts towards the 5 years for national permanent residence and accumulates when the status changes. The lawyer believes this seniority also carries forward — towards naturalization (citizenship), but there is no official text on this: the Código Civil (art. 22) requires 10 years of legal, continuous residence immediately before the application and says nothing about temporary protection. For larga duración-UE (EU-wide) there is no answer either: Directive 2003/109 does not apply to people while they are on temporary protection (art. 3.2.b). The favourable count relies on an instruction, not a court — for your specific plan, check with a lawyer.

What is not yet clear

As of 27 September 2026 there are no official clarifications on three questions the lawyer raised:

  • The path for non-working people of pension age (parents/grandparents) is not yet obvious: national larga duración has no work or means requirement, but it needs 5 years of seniority.
  • Whether immigration will actually count the months of absence from the country.
  • How exactly offices accept art. 191 applications from protection holders: mandatory electronic filing (art. 197.2) was annulled by the Supreme Court, Hoja informativa 55 allows both in-person filing and Mercurio — but office practice varies.

Where to go next

This guide reflects the situation as of 27 September 2026 based on primary sources (BOE: RD 1155/2024 as amended by RD 316/2026, Orden INT/96/2026, STS 868/2026, Orden PJC/617/2025, Código Civil; Decision (EU) 2026/1912; Instrucciones SEM 2/2026; Hoja informativa 55; Ministry of Inclusion «Ucrania Urgente») and a practising lawyer's public breakdown. Facts checked against primary sources: September 2026. Some points are a practical interpretation of immigration practice rather than the letter of the law; they are marked as «according to the lawyer / in practice». Conditions and timelines change — consult an immigration lawyer for your case (Russian- and Ukrainian-speaking ones can be found in our directory).

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Frequently asked questions

What did the 22 June 2026 instruction change?
It is not a change to the Regulation but an instruction of the Secretaría de Estado de Migraciones (SEM 2/2026, signed 22.06.2026) explaining how to apply Disposición Adicional 19ª of RD 1155/2024 as amended by RD 316/2026 (in force from 16 April 2026). The key point for those who work: instruction PRIMERA lifts the art. 191.7 ban on modifying temporary protection into residencia y trabajo — through employment (cuenta ajena) or self-employment (cuenta propia); the other requirements of art. 191 remain. Beyond work, the instruction opens arraigo (SEGUNDA), permits for children (TERCERA), a route for students (CUARTA), the remaining permits of the Regulation and of Ley 14/2013, including family of a Spanish citizen (QUINTA), national larga duración (SEXTA) and the procedure for renouncing protection after the new permit is obtained (SÉPTIMA).
Does time on temporary protection count towards permanent residence?
For the NATIONAL Spanish residencia de larga duración (arts. 183–184 RD 1155/2024) — yes: instruction SEM 2/2026 (SEXTA) counts time on temporary protection in full and adds it to the time on the new permit. For residencia de larga duración-UE (EU-wide, with mobility across the EU, arts. 175–177) there is no official answer: the instruction speaks only of the national one, art. 176 says nothing about temporary protection, and Directive 2003/109 does not apply to people while they are on temporary protection (art. 3.2.b); whether that period will count later, no official text says. The count relies on an administrative instruction, not on a law or a court — check with a lawyer for your case.
Can children apply for residence separately from their parents?
Yes. Instruction SEM 2/2026 (TERCERA) applies art. 160 of RD 1155/2024 to children of temporary-protection beneficiaries born outside Spain without the requirement of 2 years of prior stay and without proof of means or housing; you can apply even if neither parent has changed status yet. The permit is issued for 5 years (art. 160.7), the child must be under 18 at the time of application (art. 160.1), the decision takes 1 month and silence means refusal (art. 160.5). Under art. 160.1 you need the other parent's consent, sole custody or a court authorisation for the child's move. A child born in Spain goes under art. 159; for them the 6-month filing period starts only when the parent obtains a permit other than temporary protection (TERCERA, para. 1). Check the exact list with your Oficina de Extranjería.
Is a criminal record certificate needed?
It depends on the route. Temporary protection was granted without a certificate, so it is not in the Spanish system. For the employment route (cuenta ajena, art. 74.1 h) RD 1155/2024) and self-employment (cuenta propia, art. 84 e); after at least a year of residence, under art. 191.3, arts. 80 and 86.5) the criminal record certificate is not among the requirements in the Regulation: Disposición Adicional 19ª (as amended by RD 316/2026) lets you apply from inside Spain under the ordinary procedure, skipping the visa stage, and the certificate requirement sits precisely in the visa articles (art. 35, 38, 42). For arraigo (art. 126 d) the certificate is mandatory, and for the 5 years before the date of entry into Spain — that is, the Ukrainian period; until you have lived in Spain continuously for 5 years before applying, that window does not shrink; after that, the foreign certificate is not needed (art. 130.2 1º). For national larga duración, art. 184.3 e) requires the certificate «en su caso» from the countries of residence in the last 5 years BEFORE THE APPLICATION — after 5 years in Spain that is Spain itself, and the office checks the Spanish record on its own (art. 184.4). Caveat: the norm does not require it — but practice varies between Oficinas de Extranjería, and in the lawyer's practice the certificate is, as a rule, asked of all adults. If your route is arraigo or your office asks for it, you need the «classic» Ukrainian certificate with a stamp + apostille on the original + sworn translation; the «Diia» version or a notarized copy may not be accepted — order it in advance, it is the bottleneck on timelines. We did not check the routes under Ley 14/2013.
Until when is temporary protection valid — is there a rush?
The Spanish TIE card for temporary protection is automatically valid until 4 March 2027 (Orden INT/96/2026, art. único). At EU level the current protection period runs until 4 March 2027 (Decision 2025/1460); Decision (EU) 2026/1912 extended protection until 4 March 2028 — adopted 30.07.2026, in force from 05.08.2026, applying from 5 March 2027 (art. 3). The separate Spanish Orden extending the TIE cards themselves to 2028 had not been published in the BOE as of 27 September 2026: in 2025 and 2026 such orders came out in February. Legally there is enough time. But the lawyer warns: in spring 2027 a «collapse» of the immigration system is possible, when everyone applies at once — so it is better not to delay. Separately: the 30 June 2026 deadline belonged to two extraordinary procedures of RD 316/2026 (DA 20ª — international-protection applicants, DA 21ª — arraigo extraordinario for people in Spain before 1 January 2026); both expressly excluded current and former temporary-protection holders (para. 1.c), and the filing window closed (see our guide «change status or wait»).
Is it mandatory to work in order to switch to permanent residence?
No. National residencia de larga duración (arts. 183–184 RD 1155/2024) requires 5 years of legal continuous residence in Spain before the application (art. 183.1); neither work, nor means, nor insurance appear in the art. 184.3 list (unlike larga duración-UE — art. 176 b and c). For those who reach 5 years of temporary protection by spring 2027 (first wave, March 2022), this is the direct path; time on temporary protection counts under instruction SEM 2/2026 (SEXTA). For those with less time, the work path (employment or autónoma) is a way to get a regular residence permit now and reach 5 years. Confirm for your case with a lawyer.

Sources

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