Temporary protection for Ukrainians: New SEM Instruction 2/2026 allows switching to other residence permits

If you have temporary protection in Spain because of the war in Ukraine, now you may have more options for obtaining another type of residence permit in Spain.

This is important because temporary protection is not intended to last forever. It is currently scheduled to remain in place until 4 March 2027.

This is important because temporary protection is not intended to last forever. It is currently scheduled to remain in place until 4 March 2027.

At SenValos, we explain what all this means in a simple way.

What is temporary protection?

Temporary protection is a special permit that the European Union created after the war in Ukraine began in February 2022.

We can imagine it as a special door that was opened to protect quickly the people who had to leave Ukraine.

We can imagine it as a special door that was opened to protect quickly the people who had to leave Ukraine.

For this reason, Spain has begun preparing other options for people who have already built their lives here and want to continue living legally in Spain when temporary protection ends.

For this reason, Spain has begun preparing other options for people who have already built their lives here and want to continue living legally in Spain when temporary protection ends.

What changes with Instruction SEM 2/2026?

Until now, it could be difficult to move from temporary protection to certain ordinary immigration permits.

Instruction SEM 2/2026 explains how this change must be applied.

Instruction SEM 2/2026 explains how this change must be applied.

In simple terms, it mainly opens up the following possibilities:

  1. Applying for one of the residence permits based on roots provided for in the Immigration Regulations.
  2. Applying for one of the residence permits based on roots provided for in the Immigration Regulations.
  3. Using the residence permit based on socio-training roots in certain cases involving people who are studying.
  4. Using the residence permit based on socio-training roots in certain cases involving people who are studying.
  5. Applying for long-term residence once the required five years have been reached.
  6. Applying for long-term residence once the required five years have been reached.
  7. 1. Can I change temporary protection to a residence and work permit?

Let us look at each of these possibilities.

1. Can I change temporary protection to a residence and work permit?

Yes, it may be possible.

This does not mean that every person with temporary protection will automatically receive a new residence permit.

This does not mean that every person with temporary protection will automatically receive a new residence permit.

This is one of the most important new developments.

2. Can I apply for a residence permit based on roots if I have temporary protection?

This is one of the most important new developments.

Yes.

It also establishes something particularly favorable: time spent in Spain under temporary protection counts towards proving the required two years of residence for roots-based permits that require this period.

It also establishes something particularly favorable: time spent in Spain under temporary protection counts towards proving the required two years of residence for roots-based permits that require this period.

For example, a person who has been living in Galicia for several years under temporary protection does not have to start counting those years again from zero.

The time they have lived legally in Spain under temporary protection counts.

It will then be necessary to check which type of roots-based permit best fits their situation: work, training, family circumstances, social integration or other circumstances provided for in the regulations.

3. What happens to children who have temporary protection?

The Instruction also establishes special rules for minors.

In addition, while the parent remains under temporary protection, the minor’s authorization may be applied for without the ordinary six-month period provided for in the Regulations beginning to run yet.

In addition, while the parent remains under temporary protection, the minor’s authorization may be applied for without the ordinary six-month period provided for in the Regulations beginning to run yet.

In these cases, the Instruction removes some important difficulties: the prior two-year residence requirement does not apply, nor is it necessary to prove the financial means and accommodation normally required for this route. The application may also be submitted even if the parents still have temporary protection.

In these cases, the Instruction removes some important difficulties: the prior two-year residence requirement does not apply, nor is it necessary to prove the financial means and accommodation normally required for this route. The application may also be submitted even if the parents still have temporary protection.

Families with minors should therefore review their situation especially carefully.

4. I am studying in Spain: what can I do?

There is also a specific solution.

But if they cannot do so, the Instruction allows the possibility of a residence permit based on socio-training roots to be assessed.

But if they cannot do so, the Instruction allows the possibility of a residence permit based on socio-training roots to be assessed.

To do this, they must be undertaking one of the training activities accepted by the Regulations and must continue that activity when the time comes to apply for an extension.

Therefore, studying may be important when preparing for future residence in Spain.

5. Can I apply for other residence permits?

Yes.

The Instruction does not limit the change solely to work and roots-based permits.

The Instruction itself expressly mentions one possibility: a temporary residence authorization for family members of people who hold Spanish nationality.

The Instruction itself expressly mentions one possibility: a temporary residence authorization for family members of people who hold Spanish nationality.

This may be very important, for example, for a person benefiting from temporary protection who has started a family with a Spanish national and meets the requirements of this regime.

6. Does time spent under temporary protection count towards obtaining long-term residence?

Yes.

And this is probably another of the Instruction’s most important new developments.

Instruction SEM 2/2026 establishes that all the time during which a person has held residence through temporary protection counts towards those five years.

Instruction SEM 2/2026 establishes that all the time during which a person has held residence through temporary protection counts towards those five years.

In addition, if they later change to another residence permit, both periods are added together.

A simple example:

A person has been legally resident in Spain under temporary protection for four years and then obtains another residence authorization.

They are taken into account when calculating when the person may reach the five years needed to apply for long-term residence, provided that they also meet the other legal requirements.

They are taken into account when calculating when the person may reach the five years needed to apply for long-term residence, provided that they also meet the other legal requirements.

This is why it is especially important to review the situation of people who arrived in Spain during the first months of the war in Ukraine.

7. Do I have to give up temporary protection first?

It is not advisable to do so before obtaining the new authorization.

The Instruction establishes a very clear order.

First, the new authorization is applied for.

Then the Administration grants that new residence permit.

When they subsequently apply for their new Foreigner Identity Card (TIE), they will have to provide proof showing that they have applied to renounce temporary protection.\nThis is very important: having the right to apply for another permit does not mean that they must immediately give up temporary protection.

When they subsequently apply for their new Foreigner Identity Card (TIE), they will have to provide proof showing that they have applied to renounce temporary protection.\nThis is very important: having the right to apply for another permit does not mean that they must immediately give up temporary protection.

The case must first be examined and the new residence application must be processed correctly.

So, do all people with temporary protection have to change their permit now?

No.

Every situation is different.

Every situation is different.

One person may have a stable job. Another may be studying. Another may already have been in Spain for several years. Another may be a family member of a Spanish national. Another may have minor children.

The best route will depend on each person’s history.

When does temporary protection end for people displaced from Ukraine?

This does not mean that people have to wait until that date to look for another residence permit.

This does not mean that people have to wait until that date to look for another residence permit.

The purpose of these measures is precisely to facilitate a gradual transition to other legal situations when people meet the requirements.

Can I obtain long-term residence directly?

What is especially important about Instruction SEM 2/2026 is that it confirms that time spent under temporary protection counts in full when calculating those five years.

What is especially important about Instruction SEM 2/2026 is that it confirms that time spent under temporary protection counts in full when calculating those five years.

For this reason, people who obtained temporary protection during 2022 should pay particular attention to when they will reach five years.

Can I apply for a roots-based permit without first losing temporary protection?

Yes.

Is the new residence permit guaranteed?

The specific requirements of the type of roots-based permit applied for must then be proven.

Is the new residence permit guaranteed?

No.

The Instruction allows access to these procedures, but each authorization retains its own requirements.

That is why it is necessary to examine matters such as time of residence in Spain, work, studies, family circumstances, documentation, criminal records and any other relevant factor.

La decisión final corresponde a la Administración competente.

What do we recommend at SenValos?

It may still be advisable to keep your temporary protection, but you may also already meet the requirements for obtaining more stable residence through work, a roots-based permit, family ties or even long-term residence.

It may still be advisable to keep your temporary protection, but you may also already meet the requirements for obtaining more stable residence through work, a roots-based permit, family ties or even long-term residence.

Not everyone should use the same route.

Before submitting an application or giving up temporary protection, it is advisable to check which option is safest for your situation.

Do you need help?

If possible, bring your temporary protection documents, passport, TIE, registration certificate, employment or study documents and any document related to your family situation.

If possible, bring your temporary protection documents, passport, TIE, registration certificate, employment or study documents and any document related to your family situation.

The most important thing is not to give up your temporary protection before checking that the new residence route is suitable for your case.


Official sources: Instruction SEM 2/2026 from the State Secretariat for Migration; Royal Decree 316/2026 of 14 April; the Immigration Regulations approved by Royal Decree 1155/2024; and European legislation on temporary protection for people displaced from Ukraine.

Information updated in September 2026. This content is for information purposes and does not replace an individual assessment of each case.

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