Updates to Residence Permit Rules in Spain: Key Changes and What Ukrainians Need to Know

New Rules for Residence Permits in Spain: What Has Changed for Ukrainians?

Spain has updated its rules for foreign nationals, and these changes are especially important for Ukrainians who are already in the country or are planning to legalize their stay for a longer period. This is not just about “new document requirements,” but about a broader reform of migration procedures: a new Immigration Regulation, clarifications for certain types of residence permits, and special rules for people who have temporary protection.

The main change is that Spain is gradually creating mechanisms for moving from temporary or unstable statuses to regular residence permits. For Ukrainians, this is particularly relevant, as many people are staying in Spain on the basis of temporary protection. It is now important to understand when it is possible to remain under this status and when it is worth preparing documents to switch to another type of permit: residence and work, study, family reunification, residence for family members of Spanish citizens, or long-term residence.

What is SEM 2/2026 and why is it important?

Instruction SEM 2/2026 concerns the transition of persons who have temporary protection in Spain to other residence permits. This is especially important for Ukrainians, since temporary protection has been the main mechanism for legal stay after the start of the full-scale war.

The essence of the update is that holders of residence permits granted under temporary protection may, in certain cases, apply for other permits provided by Spanish legislation, if the relevant procedure may be started from within Spain.

In particular, SEM 2/2026 provides for the possibility of moving to:

• a residence and work permit;
• permits based on arraigo, that is, rootedness or social integration;
• permits for minor children;
• statuses related to studies;
• a permit for family members of a Spanish citizen;
• long-term residence in Spain.

This means that temporary protection does not necessarily have to remain a “suspended” status. For some Ukrainians, it may become a transitional stage toward a more stable legal position.

Transition from temporary protection to a residence and work permit

One of the most important options is the transition from temporary protection to a residence and work permit. To do this, a person must meet the requirements provided by Spanish migration law. In practice, this may mean the need to confirm employment, professional activity, compliance with employment conditions, or another legal basis for obtaining the permit.

For Ukrainians who are already working in Spain or have a real opportunity for official employment, this is one of the most practical ways to move from temporary protection to a regular permit. It is important not to wait until the last moment, but to check in advance exactly which documents are required: an employment contract, employer details, proof of employment, passport, proof of current status, documents confirming address of residence, and other papers depending on the specific procedure.

Arraigo: an important legalization tool

Arraigo plays a separate role in the new rules. It is a residence permit based on exceptional circumstances connected with a person’s actual rootedness in Spain. The new Immigration Regulation has made this category one of the key tools for regularizing the status of foreign nationals who are already in the country.

For Ukrainians, it is important that SEM 2/2026 provides for the possibility of taking into account the time spent in Spain under temporary protection for the purpose of meeting the requirement of continuous stay. In other words, the period of temporary protection may be relevant when switching to a permit based on arraigo.

This is especially important for those who have already been living in Spain for several years, have social ties, study, work, undergo professional training, or have integrated into the local environment. However, each type of arraigo has its own conditions, so before applying, it is necessary to check not only the general possibility, but also the specific type of permit.

Studies: what students should know

For Ukrainians who are studying in Spain or planning to enroll in Spanish educational institutions, the new rules are also relevant. SEM 2/2026 specifically mentions situations where persons under temporary protection are studying in Spain.

If a student meets the requirements for switching to a residence and work permit, they may follow that route. If these conditions are not met, a permit based on social and educational arraigo related to studies or vocational training may be considered.

In practice, students should prepare their study-related documents in advance: proof of enrollment, certificates from the educational institution, documents on previous education, translations, and, if necessary, an apostille. If Ukrainian diplomas, school certificates or academic records are involved, they must be prepared in a form acceptable to the specific Spanish institution.

Family members of Spanish citizens

The new Regulation also separately regulates the temporary residence permit for family members of Spanish citizens. This is an important category for those who are married to a Spanish citizen, have family ties, or have other grounds provided by law.

In addition, the 2026 changes clarified that certain family members, including adult children and direct first-degree relatives in the ascending line, may apply from within Spain. This may be practically important for families who are already physically present in the country and do not want to, or cannot, go through the procedure via a consulate abroad.

In such cases, documents proving the family relationship are especially important: birth certificates, marriage certificates, documents confirming a change of name or surname, certificates of marital status, documents proving dependency or cohabitation, if required for the specific category.

Long-term residence

Another important point of SEM 2/2026 is access to long-term residence. The instruction provides that the time during which a person held a residence permit in Spain under temporary protection may be counted toward the five-year period of lawful and continuous residence.

This is an important change for Ukrainians who have already been in Spain for a long time. If a person plans to stay in the country long term, it is worth checking whether their period of stay under temporary protection can be counted toward long-term residence status.

Documents: what needs to be prepared carefully

In most procedures, the basis for residence is not the only important factor; the quality of the documents is also crucial. Spanish authorities may require documents confirming identity, address of residence, employment, studies, family ties, absence of a criminal record, financial means, or other circumstances.

For Ukrainian documents, it is often necessary to prepare:

• a passport or other identity document;
• a birth certificate;
• a marriage or divorce certificate;
• a police clearance certificate;
• educational documents;
• certificates from an educational institution;
• employment documents;
• documents confirming place of residence;
• documents proving family ties;
• documents confirming a change of name or surname, if applicable.

If a document was issued in Ukraine and is submitted in Spain, three things usually need to be checked: whether an apostille is required, whether a sworn translation is required, and whether the document has a limited validity period. For example, a police clearance certificate usually cannot be “old,” and civil status documents are sometimes requested in a recent form.

Translation, apostille and legalization: where mistakes most often occur

Most problems in migration procedures arise not because a document is missing, but because it is submitted in the wrong format. A document may be genuine, but still not accepted if it has not been apostilled, has been translated incorrectly, or has not been prepared in the form required by the specific authority.

For Spain, a sworn translation into Spanish is often used. If the document is Ukrainian, it is first necessary to determine whether the apostille should be placed on the original document or on a notarized copy, and only then order the translation. The wrong sequence may lead to additional costs and the need to redo the documents.

An apostille is required for documents used between countries that are parties to the Hague Convention. Ukraine and Spain are both part of this system, so in many cases an apostille is the standard way to confirm a document for use abroad. Consular legalization is usually required only when an apostille does not apply, or when dealing with specific documents or countries that do not use the Hague Convention system.

Practical advice for Ukrainians in Spain

Before submitting documents, it is worth defining not simply “I want a residence permit,” but the specific type of permit: work, study, arraigo, family grounds, family member of a Spanish citizen, long-term residence, or another option.

After that, it is necessary to check whether the application can be submitted from within Spain. This is a key question, because some procedures allow submission in Spain, while others may require processing through a consulate.

The validity periods of documents should also be checked separately. Police clearance certificates, financial documents, medical certificates or certificates from an educational institution may have practical limits on how recent they must be.

It is also better not to order a translation “just in case” before it is clear whether an apostille is required. In many situations, the correct sequence is: first obtain the document, then obtain the apostille, and only then prepare the translation for Spain.

Conclusion

The new rules in Spain are important not because “everything has become easier,” but because there are now more specific routes toward a stable status. For Ukrainians with temporary protection, this may mean the possibility of switching to a residence and work permit, obtaining status through studies or arraigo, regularizing family-based grounds, or eventually applying for long-term residence.

The main point is not to treat temporary protection as the only possible status and not to postpone document preparation. The new rules provide more options, but each of them requires the right strategy, up-to-date documents, translations, an apostille, and careful checking of the requirements of the specific procedure.