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

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.
  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).
  3. Minors (arts. 159 and 160) — exempt from the 2-year prior-residence requirement and, for art. 160, from the economic-means and housing requirements. They can apply even if no parent has changed authorisation yet.
  4. Students — can modify to residence and work (art. 191) or, failing that, request socio-educational arraigo (art. 125.1.d).
  5. Other authorisations under the Regulation and Law 14/2013 (entrepreneurs), including residence as a family member of a Spaniard (chapter VII).
  6. Long-term residence — time under temporary protection counts fully toward the 5-year continuous legal residence; the periods accumulate.
  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.

Context: Ukraine temporary protection remains valid until 4 March 2027 (Order INT/96/2026). At the end of March 2026 there were 262,830 people residing in Spain under temporary protection.

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.

Official source: https://www.inclusion.gob.es/documents/d/migraciones/instrucciones_transicion_desde_la_proteccion_temporal.pdf

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General information, not individual legal advice. Check the official source and consult a professional for your case.

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