Visa exemption: requesting a waiver without leaving Spain

Until 2004, visa exemption was a procedure with its own name. Article 49 of the 2001 Regulation (RD 864/2001) allowed requesting, along with the residence permit, that the visa be waived for those who could not return to their country: minor children of residents, spouses with 1 year of proven cohabitation, sick people who could not travel or people coming from conflict zones.

The 2004 Regulation abolished that figure and subsequent regulations, including the current RD 1155/2024 (in force since 20 May 2025), do not recover it. Today there is no visa exemption form or an autonomous procedure with that name.

What does exist, and is what in practice is still called a waiver, is the possibility of obtaining residence without a visa: article 31.3 of LO 4/2000 states that in authorisations for exceptional circumstances a visa will not be required, and article 130 of RD 1155/2024 repeats this expressly. The key, therefore, is not to request an exemption in the abstract, but to request the correct authorisation from Spain and prove the circumstance that justifies it.

The main paths are authorisations for exceptional circumstances. The 5 types of arraigo (exceptional residence for social, labour or family ties) in article 125 of RD 1155/2024 (second chance, socio-labour, social, socio-formative and family) require as a rule 2 years of continuous stay in Spain and having no criminal record; family arraigo does not require a minimum stay and is granted for 5 years.

The humanitarian reasons in article 128 cover, among other cases, victims of certain crimes with a final sentence and those who prove with a clinical report a serious supervening illness that requires specialised assistance not accessible in their country. Female victims of gender violence and victims of sexual violence or trafficking have their own paths in articles 133 and following.

Family members of people with Spanish nationality (spouse or partner, children and ascendants, among others) can exceptionally apply for residence from Spain when both are in national territory (article 97.1.c, expanded by RD 316/2026).

Those who already reside legally do not need a visa to change their authorisation either: article 191 allows changing to residence and work without a visa, and article 190 allows students who finish their studies to access residence without having to request a visa. It is not automatic: you have to request it and process the corresponding procedure for modifying the situation, with its documentation and its resolution.

Pay attention to the most consulted case: the spouse of a legal resident foreigner no longer has the automatic waiver that existed before 2004. Ordinary family reunification still requires a visa from the country of origin; if the person is already in Spain, the realistic path is usually one of the arraigos. Managora analyses which one fits before submitting anything.

The exemption is not requested separately: the application for the specific authorisation is submitted and in that same file the exceptional circumstance is claimed and proven. For exceptional circumstances the official form is EX-10 and for family members of Spaniards it is EX-24. The application is made by the interested party, but can be submitted through a representative: Ley 39/2015 (articles 5 and 14) allows representation and electronic submission, which in the Immigration Office is channelled through the Mercurio platform. Minors and people with disabilities always act through their legal representative.

The basic documentation of article 130 is a complete copy of the valid passport, the signed employment contract when the path requires it and the documentation that proves the claimed situation. In arraigos, the criminal record certificate from the countries of residence of the last 5 years is added, with exceptions if you have been in Spain for 5 consecutive years or already proved it in a previous application.

The tasa (official fee) is paid with form 790, code 052, under the heading corresponding to the requested authorisation, and is paid within the 10 working days following admission for processing. Managora calculates the exact fee for your case and communicates it to you in writing before you pay anything.

The maximum resolution period is 3 months from the entry of the application into the registry of the competent body; if there is no response, the application is understood to be rejected by administrative silence. If granted, you must have your fingerprints taken and request the TIE (Foreigner Identity Card) within the following 1 month.

The waiver is discretionary: the Immigration Office evaluates the evidence and decides. This discretion is not arbitrariness, because any unfavourable resolution must be motivated (article 35 of Ley 39/2015), but neither does it exempt the applicant from proving what they claim: invoking the circumstance without documenting it leads to denial.

Each path has its standard of proof. The stay is proven with empadronamiento (registration on the municipal census), medical reports, schooling of children, contracts or administrative records with a date. The family bond, with marriage or registered partnership certificates, birth and cohabitation certificates. The illness, with a clinical report issued by the health authority. The impossibility of return, with documentation from the country of origin or official reports.

A weak file is not neutral: it leaves a trace in your administrative history and, if your stay is irregular, the denial can lead to the obligation to leave Spain. That is why Managora first builds the legal argumentation and the evidence, and only then submits.

When no visa-free path fits your case, the visa is still requested at the Spanish consular office of your district of residence. Article 26 of RD 1155/2024 allows, exceptionally, submitting the application through an authorised representative when there are reasons that hinder travel: distance from the office, particularly burdensome transport or illness or physical condition that makes mobility difficult.

This facility refers to submission within the consular district itself: it does not allow staying in Spain to avoid the visa. That is what the waiver paths explained above are for, which are the ones Managora studies first.

Resolutions from the Immigration Office put an end to the administrative route. You can file an optional appeal for reconsideration within 1 month before the same body, or go directly to the contentious-administrative appeal within 2 months.

Be realistic: it is a restrictive and discretionary area, and a denial with an irregular stay can imply the obligation to leave the territory. The difference between a file that succeeds and one that fails is usually in the choice of the path and in the evidence.

Managora prepares and submits it for you: we legally analyse your circumstances, choose the path with the most possibilities, gather the evidence and submit the file to the Immigration Office on your behalf, and if there is a denial we prepare the appeal. You can start your case from the visa exemption (waiver) procedure page, where you can also see the updated price of the service.