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Key Points:
✓ What Changed: Spain now accepts expired Belarusian passports for all immigration paperwork, residence permits, and ID cards
✓ Why It Happened: In September 2023, Belarus stopped issuing passports abroad, making it impossible for ~6,000 Belarusians in Spain to renew documents without returning home (where some face arrest)
✓ Who Benefits: Belarusian nationals who were in Spain when this policy started
✓ What It Covers:
- All immigration authorizations
- Residence permits
- Foreigners' Identity Card (TIE)
- Any immigration procedures in Spain
✓ How Long: Temporary—only while the crisis continues (no end date given)
✓ International Support: UN Human Rights office and EU Council supported this approach. Other EU countries doing the same: Austria, Cyprus, Lithuania, France, Sweden, Estonia
✓ Legal Basis: Joint instruction from two government agencies (Migration Management + Foreigners and Borders)
✓ What Doesn't Change: All other immigration rules still apply—this only fixes the passport problem
✓ The Risk Being Solved: Without this policy, Belarusian employees would become illegal residents through no fault of their own
✓ Important Note: This is an emergency measure. When Belarus starts issuing passports abroad again, the policy may end
Spain Accepts Expired Passports for Belarusian Nationals: Immigration Policy Update
Executive Summary
Spain now accepts expired Belarusian passports for all immigration procedures, residence authorizations, and Foreigners' Identity Cards. This joint instruction from immigration authorities addresses the crisis created by Belarus's September 2023 decree prohibiting passport issuance abroad.
Applies to: Belarusian nationals present in Spain when this instruction became effective
Duration: Temporary—while extraordinary circumstances persist
Scope: All immigration authorizations, permits, and TIE issuance
The Policy Change
What Happened
On September 4, 2023, Belarus prohibited its embassies and consulates abroad from issuing or renewing passports. This decree forces Belarusian citizens to return home for passport services—where many face detention risk for political reasons.
The measure affects approximately 6,000 Belarusian nationals in Spain who cannot obtain valid travel documents through normal consular channels.
Spain's Response
The Director General for Migration Management and Commissioner General for Foreigners and Borders issued a joint instruction accepting expired Belarusian passports for:
- All immigration authorization processing
- Residence permit applications and renewals
- Foreigners' Identity Card (TIE) issuance and delivery
- Any immigration procedures within Spanish territory
Legal Framework: Organic Law 4/2000, Royal Decree 1155/2024, and Royal Decree 240/2007
International Context
Spain aligns with EU member states implementing similar measures: Austria, Cyprus, Lithuania, France, Sweden, and Estonia.
The UN High Commissioner for Human Rights (September 20, 2023) urged member states to facilitate identity document acquisition for Belarusians unable to safely return home. The EU Council (February 19, 2024) reaffirmed commitment to supporting affected Belarusian citizens.
Impact on HR and Employers
Immediate Benefits
This policy prevents involuntary immigration irregularity for Belarusian employees. Previously, the valid passport requirement created an impossible compliance situation—employees faced falling into irregular status despite meeting all other legal requirements.
What HR Teams Can Process
With expired Belarusian passports, employers can now proceed with:
- New residence authorization applications
- Residence permit renewals
- Foreigners' Identity Card (TIE) applications
- Status changes and updates
- Family reunification procedures
Eligibility Requirements
Who qualifies: Belarusian nationals present in Spain when the instruction became effective
What's accepted: Expired Belarusian passports
What remains unchanged: All other immigration requirements—employment authorization validity, renewal deadlines, Social Security registration, tax identification, and labor law compliance
HR Action Plan
Immediate Steps
- Identify affected Belarusian employees in your workforce
- Verify employees possess expired Belarusian passports
- Resume stalled immigration applications immediately
- Update compliance tracking systems to reflect this exception
- Communicate policy change to affected employees
Documentation Requirements
Collect from eligible employees:
- Expired Belarusian passport
- Standard immigration application materials
- Proof of presence in Spain at instruction effective date
Compliance Considerations
This instruction removes only the valid passport barrier. Maintain standard compliance for:
- Employment authorization expiration dates
- Residence permit renewal timelines
- Social Security obligations
- Tax registration requirements
Monitoring Requirements
The instruction provides no end date. Track:
- Spanish immigration authority announcements
- Belarus passport issuance policy developments
- EU policy coordination updates
- Instruction modification or termination notices
Policy Authority and Limitations
Legal Basis
Authority derived from:
- Royal Decree 501/2024 (Article 6.1(a)) - Ministry of Inclusion, Social Security and Migration
- Royal Decree 207/2024 (Article 3.3(d)) - Ministry of the Interior
Temporary Nature
This extraordinary measure applies exclusively while current circumstances persist. When Belarusian consular services resume abroad or circumstances change, provisions may be modified or terminated without advance notice.
Do not treat this as permanent Spanish immigration law—it is an adaptive humanitarian response to specific circumstances.
Geographic Scope
Applies only to procedures processed within Spanish territory for Belarusian nationals present in Spain at the instruction's effective date.
Official Resources
Primary authorities for updates and guidance:
- Ministry of Inclusion, Social Security and Migration
- Ministry of the Interior
- Local immigration offices (Oficinas de Extranjería)
Verify implementation procedures with relevant immigration offices, as application processes may vary by jurisdiction.
Key Takeaways for Employers
✓ Act Now: Resume immigration procedures for eligible Belarusian employees immediately
✓ Monitor Actively: This temporary policy may change when circumstances evolve
✓ Maintain Standards: Other immigration compliance requirements remain fully in effect
✓ Document Everything: Keep records of all proceedings conducted under this instruction
✓ Consult Specialists: For complex cases, engage qualified immigration counsel
✓ Update Systems: Modify internal compliance tracking to reflect this documentation exception
Conclusion
Spain's acceptance of expired Belarusian passports eliminates a critical documentation barrier affecting approximately 6,000 individuals. For HR departments, this policy enables continued legal immigration processing during an extraordinary humanitarian situation.
The temporary nature demands ongoing monitoring. Leverage this window to ensure Belarusian employees maintain legal status while circumstances in their home country prevent normal passport renewal.
Disclaimer
Immigration laws and policies change frequently and may vary by country or nationality. While we strive to provide accurate and up-to-date information, we recommend doing your own due diligence or consulting official sources. You’re also welcome to contact us directly for the latest guidance. Jobbatical is not responsible for decisions made based on the information provided.
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