Exceptional Circumstances · International Mobility
When your casedoes not fitthe ordinary route.
Whatever point your immigration situation has reached, we know how to identify the right legal framework and to support you from there.
Request a confidential assessment
01 · Humanitarian grounds
When the ordinary routeis no longer the right one.
Not every immigration situation can be resolved through an ordinary route. There are circumstances in which a foreign national’s own personal or humanitarian situation, or a situation of particular vulnerability, may justify considering a temporary residence permit on exceptional grounds (residencia temporal por circunstancias excepcionales).
It is not an automatic route. It is a route that requires the qualifying ground to be correctly identified, the facts to be evidenced and the application to be constructed in law.
The regulations provide for a range of situations, including certain cases connected with international protection, victims of certain offences and other specifically defined circumstances.
The first question is not whether you have a residence permit. It is whether your circumstances constitute an exception.
We analyse:
- immigration status
- immigration history
- personal circumstances
- available documentation
- family situation
- background
- administrative or judicial decisions
- and anything else that helps determine whether an extraordinary route applies
When humanitarian grounds carry weight.
The permit may be considered in certain cases defined by law, which must be evidenced by documents. These may include situations connected with:
- international protection
- temporary protection
- certain offences against workers’ rights
- certain offences against fundamental rights
- and other cases provided for by the regulations
Being in a difficult situation is not enough. The circumstance must fit the law.
The evidence: a humanitarian case is built on facts.
We review carefully:
- medical reports
- decisions
- criminal complaints (denuncias)
- judgments
- administrative documentation
- family documentation
- professional reports
- and any other relevant evidence
The aim is for the authorities to understand what has happened, why it is legally relevant and what outcome is being sought.
Work and residence.
Once this permit is granted, the regulations allow an application for authorisation to work, whether as an employee or on a self-employed basis, on the terms laid down.
The initial permit is, as a general rule, valid for one year, with specific rules on extension and on the status that may follow. Residence should create a future. Not just a temporary solution.
Our role.
We do not treat these cases as form-filling.
- 01Firstwe identify the qualifying ground
- 02Thenwe examine the evidence
- 03Nextwe structure the case in law
- 04And finallywe prepare and file the appropriate application
Where a related family, employment, criminal, administrative or asset issue exists, we coordinate the necessary analysis. When the ordinary route closes, experience matters.
02 · Protection
When protectioncomes first.
There are situations in which the immigration question ceases to be the main problem. The priority is to protect the person.
Spanish law provides specific mechanisms for certain foreign women who are victims of violencia de género (gender-based violence as defined by Spanish law, which is narrower than “domestic violence”) and for foreign women and children who are victims of sexual violence, regardless of their immigration status and subject to the conditions laid down by law.
A different kind of legal matter.
These cases require a different approach. It is not simply a matter of:
- filing an application
- providing documents
- waiting for a decision
It may be necessary to coordinate aspects of:
- immigration
- protection
- court proceedings
- family
- minors
- housing
- and employment situation
The evidence.
Every case has a different story. We analyse, as appropriate:
- criminal complaints (denuncias)
- judicial decisions
- protection orders
- reports
- medical documentation
- documentation from specialist services
- family documentation
- and other evidence
The person comes first. The legal strategy follows.
Provisional and definitive protection.
The regulations provide for provisional and definitive permits in certain cases. For victims of sexual violence, for example, there are specific provisions for women and children who are victims, and for certain family members who are in Spain at the time the complaint is filed.
That is why we do not apply a standard solution. We analyse the exact circumstances before choosing the route.
Our approach.
Confidentiality. Caution. Coordination. And a legal strategy tailored to the specific situation.
Some cases require a lawyer. Others require a lawyer who understands the human being behind the case.
03 · Victims of trafficking
Safetybefore status.
Foreign nationals who are victims of trafficking in human beings may find themselves in situations of particular vulnerability.
The law provides a specific regime of protection, recovery and reflection, together with the possibility of obtaining a residence and work permit on exceptional grounds where the legal conditions are met.
The first step is protection.
When a person is identified as a potential victim, the regulations provide for a recovery and reflection period of at least 90 days, during which any penalty proceedings are suspended on the terms laid down.
The procedure may involve:
- police authorities
- judicial authorities
- Ministerio Fiscal (the Spanish public prosecution service)
- protection services
- and other bodies
This is not a standard immigration file.
Residence and work.
In certain cases a residence and work permit on exceptional grounds may be granted. Subject to the legal conditions, this may extend to certain family members who are in Spain.
We analyse:
- identification
- personal situation
- cooperation
- investigation
- family members
- documentation
- and the different routes to protection
Confidentiality matters.
Handling these cases demands the utmost discretion. We are not simply seeking a permit. We seek the safest legal route available.
04 · Cooperation with the authorities
Some cases requirea different legal route.
The regulations provide for a temporary residence permit on exceptional grounds for certain foreign nationals who are in Spain and cooperate with police, prosecuting or judicial authorities, or where reasons of national security apply, in the cases defined by law.
Not every collaboration qualifies.
The cooperation must meet the legal conditions. That is why we analyse:
- the nature of the cooperation
- the competent authority
- existing reports
- immigration status
- background
- the related proceedings
- and the documentation that can evidence the circumstance
The authorities require, among other things, a report from the relevant authority evidencing the reasons that justify the application.
Duration.
The permit granted is valid for one year. It may be extended where the competent authorities consider that the reasons for granting it persist.
The reason for the residence matters. So does what happens when it ends. From the outset, we analyse the possible routes that may follow.
Our role.
We coordinate the documentary and legal strategy. Where appropriate:
- we analyse the case file
- we coordinate with the professional acting in the proceedings
- we review the reports
- we prepare the immigration documentation
- and we consider how the permit may evolve afterwards
When the case is exceptional, the preparation cannot be ordinary.
05 · Public interest
When individual circumstancesmeet a public interest.
There is also a temporary residence route on exceptional grounds linked to cooperation with administrative authorities or to the public interest.
It is a highly specific area. That is why it should not be presented as a general alternative to the ordinary routes.
The question is whether the case fits.
We analyse:
- the nature of the cooperation
- the administrative authority involved
- the public interest relied on
- documentation
- personal situation
- and the legal justification available
Work.
In the cases provided for, the permit may be combined with authorisation to work as an employee or on a self-employed basis. The structure of the file will depend on the specific situation and on the type of work intended.
Exceptional does not mean informal. The documentation and the legal reasoning must be especially careful.
06 · International workers
Buildinginternational teams.
A company’s needs cannot always be met solely with the talent available in Spain. For certain sectors there are specifically regulated mechanisms for international recruitment and seasonal work.
The current Immigration Regulations (RD 1155/2024) provide for residence and work permits for seasonal work with a duration of four years, allowing up to nine months of work in each calendar year, subject to the conditions laid down.
Subject to fulfilment of the applicable legal requirements.
For employers.
It is not simply a matter of finding workers. The company must be prepared to take on the obligations that come with international recruitment.
We analyse:
- activity
- position
- contract
- company
- solvency
- national employment situation (labour-market test)
- accommodation
- travel
- insurance
- Social Security
- and documentation
The authorities require, among other things, a contrato fijo-discontinuo (a Spanish permanent seasonal contract: open-ended, for recurring seasonal work, with successive call-ups), certain guarantees for the worker, and that the employer be able to meet the obligations arising from the contract.
Four years. Nine months a year.
The permit may last four years, but work is limited to a maximum of nine months in each calendar year.
In the years after the first, there are call-up mechanisms (llamamientos) for the worker where the required conditions are maintained.
The employer’s responsibility.
The obligations may include:
- the cost of the worker’s journey to Spain
- transport to the accommodation
- adequate accommodation
- health insurance until the worker is registered with Social Security
- compliance with employment law
- tax and Social Security obligations
- and other specific obligations
International recruitment is a legal process. Not just a human resources one.
Circular migration.
There is also a specific circular migration regime based on collective recruitment in the country of origin. It may allow four-year multi-annual permits with successive call-ups, and there are routes to convert them into a two-year residence and work permit where the requirements are met.
This is where immigration meets business. We help the company to analyse:
- genuine staffing need
- contractual structure
- procedure
- documentation
- international coordination
- compliance
- call-ups
- renewals
- and possible later modifications
The Garzalex approach for employers
We do not just move people across borders.
We build the legal structure that allows the company to do so safely.
07 · Special cases
That is when experiencematters most.
Not every client arrives in Spain by a conventional route. There may be:
- a complex immigration status
- an irregular immigration history
- court proceedings
- an extraordinary family circumstance
- a humanitarian question
- cooperation with the authorities
- a situation of particular vulnerability
- or a combination of several circumstances
The first stepis not to file.
It is to identify.
What has happened?
What is your current status?
What documentation exists?
What proceedings are open?
What time limits apply?
What risks exist?
What alternatives do the regulations allow?
A complex case requires a complete view.
In certain matters it may be necessary to coordinate:
- Immigration
- Litigation
- Family law
- Criminal law
- Tax
- Real estate
- Commercial
- Private Client
One case. Several legal dimensions.
And this is precisely one of the differences we want to convey at Garzalex: we do not force complex cases into simple categories. We find the legal route that fits the reality.
The Garzalex method
- 01ListenWe understand the whole story.
- 02MapWe identify the situation, the risks and the documentation.
- 03ClassifyWe determine which routes may be legally viable.
- 04StructureWe build the strategy.
- 05ActWe file or defend, as appropriate.
- 06ContinueWe follow the case as it evolves.
Your case may not fit any ordinary route. That does not mean there is no route.
Every situation requires individual analysis. We can review your case in confidence before you file anything.
Request a confidential assessmentGeneral information updated to August 2026, in accordance with the immigration legislation in force and the official information published by the authorities, whose information sheets are for guidance only. In these matters the legislation in force at the time the application is filed applies, and the qualifying cases, requirements, documentation and procedures require individual analysis according to the personal and family situation of each case. This information is general in nature and does not constitute individual legal advice.