In short: Instrucción SEM 1/2024 (Secretariat of State for Migration, signed 15 February 2024) standardises who may file applications in immigration procedures when the legitimated subject is in Spanish territory, when personal appearance is mandatory and when a representative may act.
In person or by representative? It depends on the procedure. General rule: when in Spanish territory, the personal-appearance duty is met either by filing in person before the competent office or electronically (Mercurio platform). For initial authorisations (residence, residence and work, temporary residence of an EU citizen's family member, study stay) representation must be evidenced by a notarial power of attorney or apud acta. For modification, extension and renewal of residence and/or work or exceptional-circumstances authorisations, long-term and EU long-term residence, study-stay extension and permanent residence of an EU citizen's family member, simple representation is allowed using the standard representative-designation form. For extension of short-stay (with or without visa) NO representation is allowed: personal appearance is mandatory, and failing it is grounds for inadmission.
⚠️ Validity (important): the instruction was issued in February 2024 under Royal Decree 557/2011 (Regulation of L.O. 4/2000), which has been repealed by the new Immigration Regulation, RD 1155/2024 (single repealing provision), in force since 20 May 2025. The appearance and representation rules have been moved to art. 197 of RD 1155/2024. The instruction is not formally annulled and its practical framework (Mercurio / notarial / apud acta / ten-day cure period) is essentially preserved, but its references to the 3rd and 8th additional provisions of RD 557/2011 now point to a repealed text. Confirm the representation regime in force against RD 1155/2024 (art. 197) and check whether the SEM has published an updated instruction. It also applies, where not affected, to procedures under Royal Decree 240/2007 (EU/EEA citizens).
Recognised forms of representation:
- Notarial power of attorney (public deed or private document with notarially authenticated signature) or apud acta (in person or electronically via the REA-AGE registry, free of charge).
- Standard representative-designation form — valid only for modifications, extensions and renewals. Obtain the form on the Migraciones site; check the current version in information sheet 60 — Legitimated subjects.
- Employer legal representation: see information sheet 60 — Legitimated subjects.
- Legal representation of minors or persons with disabilities needing support: parent, guardian or support person, proving the relationship.
- Professionals accredited by agreement (lawyers, labour-relations graduates, administrative agents): presumption of valid representation; electronic filing mandatory.
Where to file: initial authorisations may only be filed in person at the competent Oficina de Extranjería or electronically via the Mercurio platform (not other registries). Modifications, extensions and renewals via Mercurio or —if the procedure is not enabled there— via the REGAGE (Red SARA). An initial application filed through any other channel is deemed not filed.
Cure period: missing or insufficient proof of representation can be cured within ten days (art. 5.6 and 68 of Law 39/2015); only if not cured does inadmission follow. The interested party may always appear in person.
Official source: Instrucción SEM 1/2024 (Ministry of Inclusion, Social Security and Migration).
Informational only; check the official source and a professional for your specific case.