End of humanitarian grounds for Venezuelan people in Spain: what changes and what to do now

Quick summary

Spain is changing one of the routes Venezuelan people have used most in recent years.

Until now, many people from Venezuela applied for international protection in Spain. If asylum was denied, they often received a residence permit on humanitarian grounds. This card allowed them to live and work legally in Spain.

But this is changing.

From June 12, 2026, Spain will stop granting and renewing temporary residence permits on humanitarian grounds for international protection. The Ministry of the Interior’s information note summarizes it as follows: from that date, these permits can no longer be granted or renewed, even if the application for international protection was submitted earlier.

This directly affects many Venezuelan people.

The main idea is simple: it is no longer advisable to wait for the asylum process to end, assuming that a humanitarian card will then arrive automatically. Each case must now be reviewed and the right route chosen.

What were the humanitarian grounds for Venezuelan people?

For years, many Venezuelan people applied for asylum in Spain. In many cases, Spain did not recognize asylum or subsidiary protection, but it did grant a temporary residence permit on humanitarian grounds for international protection.

This card allowed people to:

• Live legally in Spain.
• Work.
• Have a TIE.
• Renew the permit.
• Build a more stable life.

For many Venezuelan families, it was a real solution: they could work, rent a home, send their children to school and live with less fear.

But this route will no longer work as before.

What does the new instruction say?

The Ministry of the Interior’s information note sets out two key dates.

From April 16, 2026, people who already hold an annual temporary residence permit on humanitarian grounds for international protection may request a change to other residence and work permits.

From June 12, 2026, temporary residence permits on humanitarian grounds for international protection may no longer be granted or renewed.

In simple terms:

If you have a humanitarian card, do not wait to renew it as before. You should explore a change of status.

If your asylum application is being processed, do not assume that, if it is denied, you will automatically be given a humanitarian card.

If you arrived before January 1, 2026, you may have a route through the extraordinary regularization process.

If you arrived after January 1, 2026, you are not included in that extraordinary regularization process.

Why is this changing?

The change is related to the new European Pact on Migration and Asylum. The information note explains that European legislation allows countries to have national humanitarian statuses, but requires those statuses not to be confused with international protection.

For this reason, Spain is stopping the use of humanitarian grounds for international protection as a general solution for many Venezuelan people whose asylum applications were denied.

In addition, Royal Decree 316/2026 introduces two new extraordinary routes:

• The Twentieth Additional Provision, associated with form EX-31, for people who applied for international protection before January 1, 2026.
• The Twenty-First Additional Provision, associated with form EX-32, for people who were in Spain before January 1, 2026 and meet certain work, family or vulnerability requirements.

Case 1: I am Venezuelan and applied for international protection before January 1, 2026

What changes for me?

If you are Venezuelan and applied for international protection before January 1, 2026, you should explore the EX-31 route.

This may apply even if the case is still being processed, there is an appeal, or the person no longer has applicant status for international protection, provided the procedure’s requirements are met.

This may apply even if the case is still being processed, there is an appeal, or the person no longer has applicant status for international protection, provided the procedure’s requirements are met.

Recommended steps

1. Check the date of your asylum application

The important point is whether you applied for international protection before January 1, 2026.

If the answer is yes, explore EX-31.

2. Do not withdraw your asylum application without advice

It is not advisable to withdraw the asylum application “just in case”. The interpretive guidance itself recommends not submitting a withdrawal or waiver when an application has already been filed or a permit is in force, because the purpose of the extraordinary process is to grant a permit to people who were in an irregular situation or are, or have been, applicants for international protection.

In the case of EX-31, if the permit is granted, to apply for the TIE you will have to prove that you have withdrawn the application for international protection or any pending appeal. But this step must be taken at the right time, not beforehand.

3. Prepare the documentation

You should prepare:

• Official EX-31 form.
• Complete copy of your passport, valid or expired.
• Proof that you applied for international protection before January 1, 2026.
• Proof that you stayed in Spain during the five months before the application.
• Certificate of criminal records from the country or countries where you lived during the five years before entering Spain, or proof that you have requested it.
• Proof of payment of the fee.
• Documents proving your life in Spain: municipal registration, red card, asylum receipt, appointments, social reports, medical, school or employment documents.

4. Apply before June 30, 2026

The EX-31 permit may be requested until June 30, 2026.

It is not advisable to wait until the last day. If a document is missing, there may not be enough time to correct it.

5. Check the provisional authorization to work

From notification that processing has begun, the applicant is provisionally authorized to reside and work as an employee or self-employed person until the procedure is resolved.

This is important for people who need to work legally as soon as possible.

Case 2: I already have a residence card on humanitarian grounds

What changes for me?

If you already have a temporary residence card on humanitarian grounds for international protection, the main change is this: you should not plan your future on the assumption that it will be renewed in the same way as before.

The information note states that these permits will not be renewed from June 12, 2026. But it also opens a route forward: from April 16, 2026, holders of an annual humanitarian residence permit may request a change to other residence and work permits.

Recommended steps

1. Check which card you have

Check whether your card is a temporary residence permit on humanitarian grounds for international protection.

This is important because the possibility of changing status refers to this specific type of permit.

2. Do not wait for it to expire

If your card expires soon, review now which change of status you can request. Waiting until the last minute may leave you without enough time to secure a contract, prepare documentation or correct errors.

3. Explore a change to residence and work

Depending on your situation, a change to residence and work may be considered.

For example:

• If you are already working, check your contract, registration with Social Security, employment history and payslips.
• If you have a job offer, check whether the company can hire you.
• If you want to work as a self-employed person, prepare a business plan and proof of financial means.
• If you have a Spanish family member or a family member who is resident in Spain, consider whether a family-based route would be more appropriate.
• If you have held legal residence long enough, also check whether you qualify for Spanish nationality by residence.

4. Get advice before applying

A poorly planned change of status can end in a refusal.

Before applying, check:

• Card expiry date.
• Length of legal residence.
• Current or future employment.
• Family situation.
• Criminal record.
• Passport or documentation available.
• Pending notifications in DEHú or Carpeta Ciudadana.

5. If you have an expired Venezuelan passport, check its validity

There is a specific instruction reinstating the validity criterion for expired Venezuelan passports in immigration procedures and for the issue or delivery of the TIE, because many Venezuelan people are still experiencing difficulties renewing their passports.

Case 3: I arrived in Spain before January 1, 2026, but applied for asylum in January 2026 or later

What changes for me?

Este caso es muy importante.

If you are Venezuelan, arrived in Spain before January 1, 2026, but applied for international protection on or after January 1, 2026, you do not qualify through EX-31.

Why?

Because EX-31 is intended for people who applied for international protection before January 1, 2026.

But there may be another route: EX-32, that is, the extraordinary roots-based permit under the Twenty-First Additional Provision.

Put simply: in this case, the key date is not when you applied for asylum, but when you were already in Spain.

The Twenty-First Additional Provision allows foreign nationals who were in Spain before January 1, 2026 to apply for an extraordinary roots-based permit if they meet the cumulative requirements. They must also prove at least one of these situations: having worked or intending to work, living with a specified family unit, or being in a documented vulnerable situation.

Simple example

María arrived in Spain in November 2025. She did not apply for asylum when she arrived. She submitted her application for international protection in February 2026.

María cannot use EX-31 because she applied for asylum after January 1, 2026.

But María could explore EX-32 because she was in Spain before January 1, 2026, provided she meets the other requirements.

Recommended steps

1. Prove that you were in Spain before January 1, 2026

Keep and prepare clear evidence:

• Municipal registration.
• Air ticket or entry stamp.
• Medical appointments.
• School documents for your children.
• Transfers, purchases or bank receipts.
• Rental agreement or accommodation authorization.
• Social reports.
• Asylum appointments.
• Documents from NGOs, town halls or social services.

2. Check whether you qualify through one of the EX-32 routes

EX-32 may be suitable if any of these situations applies:

• You have worked in Spain.
• You have a job offer or commitment to employ you.
• You want to work as a self-employed person and can submit a declaration of responsibility.
• You live with minor children, adult children with disabilities or first-degree ascendants.
• You are in a vulnerable situation and can prove it with a report from social services or an authorized organization.

3. Prepare the basic documentation

You should prepare:

• Official EX-32 form.
• Complete passport, valid or expired.
• Proof that you were in Spain before January 1, 2026.
• Proof of continuous stay for at least five months before the application.
• Criminal-record certificate or proof that you have requested it.
• Documentación laboral, familiar o social según el caso.
• Proof of payment of the fee.

4. Do not confuse EX-31 and EX-32

EX-31 is for people who applied for international protection before January 1, 2026.

EX-32 may be available to people who were in Spain before January 1, 2026, even if they applied for asylum later, provided they meet the extraordinary roots-based requirements.

5. Apply before June 30, 2026

EX-32 may also be requested until June 30, 2026.

Do not wait.

Case 4: I arrived in Spain after January 1, 2026 and applied for international protection when I arrived

What changes for me?

If you arrived in Spain after January 1, 2026 and applied for international protection after arriving, you cannot access extraordinary regularization through EX-31 or EX-32.

The reason is clear:

• EX-31 requires you to have applied for international protection before January 1, 2026.
• EX-32 requires you to have been in Spain before January 1, 2026.
• If you arrived after that date, you are excluded from this extraordinary regularization process.

This does not mean that your asylum application does not exist. Your international protection case continues on its course. But there is a very important point: if your international protection is later denied and you want to apply for ordinary roots-based residence, the time you spent waiting for the asylum decision does not count towards the two years required for roots-based permits.

The Regulations establish that, to apply for roots-based residence, you must have stayed continuously in Spain for at least two years. They also add that time spent during the processing of an application for international protection is not counted until a final decision has been issued in administrative proceedings and, where applicable, judicial proceedings.

Put simply: while your asylum application is being examined, the two-year roots-based residence clock does not move forward.

When does time start counting for roots-based residence?

Time starts counting when the person stops being an applicant for international protection and becomes an irregular resident.

The administrative guidance states that a person is considered to be in an irregular administrative situation from the refusal decision if no appeal is lodged; or, if an appeal is lodged, from the last final decision dismissing the appeal or from withdrawal of the appeal.

Therefore, if a Venezuelan person arrives after January 1, 2026, applies for asylum and is ultimately denied at the final stage, they cannot add the time spent waiting for asylum when applying for roots-based residence.

As a general rule, they will have to wait two years in an irregular administrative situation from the date on which the refusal becomes final or from the legally defined start of that irregular situation.

Simple example

José arrived in Spain in March 2026 and applied for asylum in April 2026.

His case takes two years to resolve. In 2028, his international protection is denied and the refusal becomes final.

José cannot say: “I have already been in Spain for two years, so I can apply for roots-based residence.”

The reason is that those two years were spent as an applicant for international protection, and that time does not count towards roots-based residence.

If he wants to use an ordinary roots-based route, he will have to start counting from the moment he becomes irregular after the final refusal. In practice, he would have to wait another two years in an irregular administrative situation, unless he can use a different route.

Recommended steps

1. Keep your international protection case in order

Do not miss appointments. Check your notifications. Keep all documents: receipt, applicant card, appointments, communications and any evidence related to your case.

2. Do not rely on a humanitarian card as an automatic solution

In the past, many Venezuelan people thought: “If my asylum application is denied, perhaps I will be given humanitarian grounds.”

Under the new criterion, that expectation should no longer be taken for granted. From June 12, 2026, temporary residence permits on humanitarian grounds for international protection will no longer be granted or renewed.

3. Be clear that asylum time does not count towards roots-based residence

This is the most important point: waiting for the asylum decision does not help you complete the two years required for roots-based residence.

The clock starts when the international protection procedure ends and the person becomes an irregular resident.

4. Seek advice before appealing, withdrawing or waiting

Appealing a refusal may make sense in some cases, but it can also extend the period during which the roots-based residence clock does not start.

Withdrawing also has consequences.

Before deciding, it is advisable to review the case in detail.

5. Consider other ordinary routes for the future

If you cannot enter the extraordinary regularization process, it may be necessary to explore other options:

• Study or training permit, if you meet the requirements.
• Residence as a family member of a Spanish national, if there is a family relationship.
• Work permits, if the conditions are met.
• Ordinary roots-based permits when the time comes and if the deadlines are met.
• Other permits provided for under immigration law.

6. Keep evidence from day one

Although time as an asylum applicant does not count towards the two years required for roots-based residence, keeping documents is still important.

Keep municipal registration, courses, social reports, school records, medical care records, family documents and any evidence of your life in Spain. They may be useful for future procedures.

Key difference between the four cases

The main question is: where were you and what had you done before January 1, 2026?

The most important idea is this: not all Venezuelan people are in the same situation. The date of arrival in Spain and the date of the asylum application completely change the route.

Frequently asked questions

Will Spain automatically withdraw humanitarian cards?

It is not being said that cards already granted will disappear all at once. What changes is that from June 12, 2026, these permits on humanitarian grounds for international protection will no longer be granted or renewed. That is why it is important to explore a change of status before the card expires.

If I have an asylum application in progress, will I be given humanitarian grounds?

From June 12, 2026, that outcome should no longer be expected as it has been until now. If your asylum application is in progress, explore other routes, especially EX-31 if you applied for international protection before January 1, 2026.

Do I have to withdraw my asylum application to apply for EX-31?

It is not advisable to withdraw without advice. In general, you should first check that you meet the requirements and submit the application correctly. If the permit is granted, to apply for the TIE you will have to prove withdrawal of the international protection application or pending appeal.

I arrived before January 1, 2026, but applied for asylum later. Can I regularize my status?

Not through EX-31, because EX-31 is for people who applied for international protection before January 1, 2026.

But you can explore EX-32 if you prove that you were in Spain before that date and meet the other requirements: work or intention to work, family unit or a vulnerable situation.

I arrived after January 1, 2026. Can I apply for EX-32?

No. EX-32 is intended for people who were already in Spain before January 1, 2026.

If you arrived later, you must continue with your international protection procedure and review other ordinary immigration routes.

If my asylum application is denied, does that time count towards applying for roots-based residence?

No. Time spent processing an application for international protection does not count towards the two years of residence required for ordinary roots-based permits. If international protection is finally denied, the roots-based residence period starts counting when the person becomes an irregular resident.

Until when can I apply for EX-31 or EX-32?

Until June 30, 2026, if you meet the requirements applicable in each case.

Can I use an expired Venezuelan passport?

Expired Venezuelan passports are accepted for many immigration procedures under the current joint instruction. Even so, it is advisable to provide a complete copy and check the specific procedure.

Conclusion

This change marks a before and after for many Venezuelan people in Spain.

Until now, many families relied on the fact that, even if asylum was denied, they might receive a humanitarian residence card. From June 12, 2026, that route will no longer work as before.

At SenValos, we recommend acting in an organized way:

1. Review your current situation.
2. Check the date you arrived in Spain.
3. Check the date you applied for international protection.
4. Do not withdraw from any procedure without advice.
5. Consider EX-31 if international protection was requested before January 1, 2026.
6. Consider EX-32 if you were in Spain before January 1, 2026, even if asylum was requested later.
7. Consider a change of status if you already have a humanitarian card.
8. Be clear that, for people who arrived after January 1, 2026, asylum time does not count towards the two years required for roots-based residence.
9. Keep all documents.
10. Submit applications within the deadline.

The key is simple: do not wait for the problem to arrive. Prepare the solution beforehand.