Modelos

EX-28 Form Spain: Apply RD 1155/2024 to a Pending Immigration Application

EX-28 is Spain’s special transitional form for people who submitted certain immigration applications before 20 May 2025 and whose applications are still pending. It allows the applicant to request that the unresolved case be assessed under Spain’s newer Immigration Regulation, Royal Decree 1155/2024, instead of continuing under the previous Royal Decree 557/2011.

EX-28 does not start a new immigration application.

Instead, it asks the Spanish immigration authority to apply the new regulatory framework to an immigration procedure that was already underway when Royal Decree 1155/2024 entered into force.

The basic sequence is:

Application filed before 20 May 2025 → Application still pending → Compare old and new rules → EX-28 request → Provide documents required under RD 1155/2024 → Existing file assessed under the requested new framework

EX-28 is therefore a highly specific transitional form.

It is not the correct form for an immigration application originally submitted on or after 20 May 2025.

If you are trying to identify the correct Spanish immigration form, see our Spain Immigration Forms: EX-00 to EX-32 guide.

What Is Form EX-28?

The official name is:

Solicitud de aplicación de la Disposición Transitoria Segunda del RD 1155/2024

In English:

Request for Application of the Second Transitional Provision of Royal Decree 1155/2024

Royal Decree 1155/2024 introduced Spain’s new Immigration Regulation and entered into force on:

20 May 2025

Its Second Transitional Provision established the basic rule for immigration applications submitted before the new regulation entered into force.

Normally, those applications continue to be:

processed and decided under the law that applied when they were submitted.

However, the applicant can request application of the new regulation instead when:

the case is still pending;
the applicant expressly requests the change; and
the requirements of the corresponding authorization under RD 1155/2024 are satisfied.

EX-28 is the official form created for making that request.

EX-28 at a Glance

Question	Answer
Form	EX-28
Main purpose	Apply RD 1155/2024 to an eligible pending immigration application
Original application date	Before 20 May 2025
Original application must still be pending	Yes
Starts a new immigration case	No
Changes the regulatory framework	Yes
Must applicant meet new requirements	Yes
Can additional documents be required	Yes
Electronic request available	Yes, through Mercurio
Administrative appeals covered	No, not in the same way
Universal EX-28 fee	No separate universal fee; fees depend on the underlying authorization
Current relevance in 2026	Limited to qualifying old cases that remain unresolved

Why Was EX-28 Created?

Spain replaced much of its previous immigration framework when Royal Decree 1155/2024 entered into force on 20 May 2025.

Before that date, immigration applications were generally governed by:

Royal Decree 557/2011

After that date, new applications were generally governed by:

Royal Decree 1155/2024

The problem was obvious.

Thousands of people already had applications pending when the new rules entered into force.

Spain therefore needed a transitional system.

The default rule became:

Old application → Old regulation

But the applicant received an important choice:

Old pending application → Request new regulation instead

That choice is made through EX-28.

Who Can Use EX-28?

EX-28 is relevant only where several conditions exist together.

You Already Have an Immigration Application Pending

There must already be an immigration procedure in progress.

EX-28 cannot normally be used by someone who has never filed an underlying immigration application.

It is a request connected to an existing expediente.

The Original Application Was Filed Before 20 May 2025

The current EX-28 specifically asks for:

the expediente number;
the submission date.

The form identifies that submission date as:

Anterior a 20/05/2025

or:

Before 20 May 2025

This cutoff is fundamental.

The Application Has Not Yet Been Decided

EX-28 must be requested:

before the pending procedure is resolved.

Once the immigration authority has already issued the relevant decision, the Second Transitional Provision cannot normally be used in the same way to rewrite the legal framework of the completed procedure.

You Meet the Requirements of the New Authorization

Requesting RD 1155/2024 does not eliminate immigration requirements.

You must satisfy the conditions of the authorization you want the immigration authority to apply under the new regulation.

That can mean supplying additional documentation.

EX-28 Is Not for Every Pending Immigration Application

The title “pending immigration application” can be misleading if interpreted too broadly.

EX-28 does not mean:

Any immigration case currently pending → EX-28

The correct rule is:

Qualifying application submitted before 20 May 2025 + still unresolved + corresponding transition under RD 1155/2024 → EX-28 may be relevant

If your application was filed in:

June 2025;
December 2025;
February 2026;
August 2026;

EX-28 is generally not the form for switching that application from RD 557/2011 to RD 1155/2024, because the application was already filed after the new regulation entered into force.

Important 2026 Distinction

Spain changed parts of its immigration framework again in April 2026 through Royal Decree 316/2026.

That reform created additional transitional rules for certain applications that were already pending in 2026.

Those rules should not be confused with EX-28.

EX-28 specifically implements the Second Transitional Provision of RD 1155/2024 for applications filed before 20 May 2025.

Different 2026 transitional provisions can apply to other applications, particularly certain exceptional-circumstances cases filed after the new regulation had already entered into force.

Therefore:

Pre-20 May 2025 pending case → EX-28 may apply

does not mean:

Every transitional immigration case in 2026 → EX-28

EX-28 Is Not an Arraigo Application

This is an important source of confusion.

Spanish immigration guidance also uses numbered information sheets known as:

Hojas Informativas

The number of an information sheet is not the same thing as the number of an EX form.

Therefore:

EX-28 ≠ ordinary arraigo application

EX-28 is specifically the transitional form for applying the Second Transitional Provision of RD 1155/2024.

Current standard arraigo applications generally use EX-10.

For the current arraigo framework, see our EX-10 Arraigo Spain guide.

What Can Be Changed With EX-28?

Section 5 of the official EX-28 lists the principal types of pending applications that can move from the previous immigration regulation to their corresponding treatment under RD 1155/2024.

These include:

long-duration study and related stays;
certain exceptional-circumstances applications;
several old arraigo categories;
family residence connected with Spanish citizens;
ordinary temporary residence;
family reunification;
employee residence and work;
self-employed residence and work;
residence with exemption from work authorization;
residence of certain minors;
national long-term residence;
EU long-term residence;
modification of immigration status.

The exact transition depends on the application originally submitted.

Long-Duration Study and Related Applications

EX-28 allows certain applications originally submitted under the old regulation for:

studies;
pupil mobility;
volunteer services;

to be considered under the corresponding long-duration stay rules in RD 1155/2024.

This can matter because the new regulation reorganized Spain’s long-duration study and training framework.

The applicant still needs to satisfy the requirements of the corresponding new authorization.

For the current long-duration stay framework, see our EX-00 Form Spain guide.

Exceptional-Circumstances Residence

EX-28 contains several specific transitions involving applications for residence due to exceptional circumstances.

These are especially important because Spain substantially reorganized the arraigo system in May 2025.

Old terminology and current terminology do not always match.

An applicant should therefore identify the legal article of the original application, not simply the word “arraigo.”

Old Arraigo Familiar to Current Arraigo Familiar

EX-28 includes a specific transition from certain old arraigo familiar applications to the current arraigo familiar route for a:

father;
mother;
guardian

of a minor who is a national of:

another EU Member State;
an EEA country;
Switzerland.

Current arraigo familiar is much narrower than the old pre-2025 concept.

Many family members of Spanish citizens now use a separate EX-24 regime instead.

Arraigo para la Formación to Arraigo Socioformativo

Under the previous immigration regulation, Spain had:

Arraigo para la formación

The current regulation replaced and expanded that framework with:

Arraigo socioformativo

EX-28 specifically allows qualifying pending applications under the former training-based arraigo provision to move into the current socioformativo framework.

For current arraigo categories, see our EX-10 Arraigo guide.

Old Arraigo Social to Arraigo Sociolaboral

Some old arraigo social applications were based principally on employment contracts.

Under RD 1155/2024, those circumstances can correspond to:

Arraigo sociolaboral

EX-28 specifically provides for a transition from qualifying old Article 124.2.b applications to the new sociolaboral category.

This is not simply a change of name.

The new route has its own requirements concerning matters such as:

employment contracts;
hours;
salary;
employer compliance.

Old Arraigo Social to Current Arraigo Social

Other old arraigo social applications can correspond instead to the current:

Arraigo social

EX-28 contains a separate transition for qualifying applications under the relevant old provision.

This distinction is important.

Two applicants who both originally filed something called “arraigo social” can potentially transition into different current arraigo categories.

Other Exceptional-Circumstances Applications

The official EX-28 also provides a broader option for other temporary residence applications due to exceptional circumstances under the former regulation.

Where the new Immigration Regulation contains an equivalent authorization, the applicant can request treatment under that new framework.

The evidence needed depends entirely on the exceptional-circumstances category involved.

Family Members of Spanish Citizens

One of the most significant immigration reforms introduced by RD 1155/2024 was the creation of a dedicated residence regime for:

family members of Spanish citizens

The official EX-28 includes a transition from certain pending:

arraigo familiar applications; or
EU-family residence-card applications

to the new Spanish-citizen family residence authorization.

The current dedicated application form for new cases is EX-24.

For the current framework, see our EX-24 Family Members of Spanish Citizens guide.

Does Every Old Arraigo Familiar Application Move to EX-24?

No.

The correct transition depends on:

who the qualifying family member is;
the nationality of that family member;
which legal basis was used originally;
which current authorization corresponds to that situation.

Some cases can correspond to current arraigo familiar.

Others can correspond to the dedicated Spanish-citizen family residence system.

Do not choose based only on the old name of the application.

Ordinary Temporary Residence

EX-28 also covers applications originally filed under the old Title IV temporary-residence framework.

The form specifically identifies equivalent current authorizations including:

Non-Lucrative residence;
family reunification;
employee residence and work;
self-employed residence and work;
residence with exemption from work authorization.

The applicant must satisfy the conditions of the equivalent current authorization.

Non-Lucrative Residence

A pending pre-20 May 2025 Non-Lucrative residence application can potentially be considered under the corresponding current framework when the EX-28 conditions are satisfied.

The applicant should compare:

financial requirements;
insurance requirements;
procedural conditions;
documents already submitted

before requesting the transition.

For the current NLV framework, see our EX-01 Non-Lucrative Residence guide.

Family Reunification

A qualifying pending family-reunification application can also move to the equivalent current procedure.

RD 1155/2024 changed several aspects of Spanish family reunification.

The applicant should therefore examine matters such as:

qualifying relatives;
financial resources;
housing;
family documentation;
work rights;
duration.

For the current procedure, see our EX-02 Family Reunification guide.

Employee Residence and Work

EX-28 can also cover a qualifying pending employee residence/work application originally filed under RD 557/2011.

The new regulation reorganized several work-permit requirements and subsequent rights.

Before switching, compare the old and new requirements carefully.

For the current employee route, see our EX-03 Employee Residence and Work guide.

Self-Employed Residence and Work

A pending self-employment application can also potentially move to the equivalent current framework.

Relevant evidence can include:

business activity;
professional qualifications;
licences;
investment;
financial viability.

For the current route, see our EX-07 Self-Employed Residence and Work guide.

Residence With Work-Authorization Exemption

The current EX-28 also covers pending applications for residence linked to activities exempt from an ordinary work authorization.

The activity must genuinely fall within the current exemption framework.

For the current procedure, see our EX-09 Work Authorization Exemption guide.

Residence for Children and Minors

The official EX-28 provides for pending applications under the previous provisions concerning:

children of foreign residents;
minors under guardianship

to move to the equivalent current residence framework.

The present rules are principally contained in Articles 159 and 160 of RD 1155/2024 for accompanied minors.

For the current form and requirements, see our EX-25 Residence for Foreign Minors guide.

National Long-Term Residence

EX-28 allows an applicant with a qualifying pending long-term residence application under the old regulation to request treatment under the current rules for:

Residencia de larga duración nacional

National long-term residence and EU long-term residence are separate legal statuses.

Select the correct one.

EU Long-Term Residence

The official form separately allows transition to:

Residencia de larga duración-UE

The distinction matters because EU long-term residence has additional conditions and potential EU mobility implications that differ from ordinary Spanish national long-term residence.

Do not select the EU option simply because it sounds broader or more valuable.

The applicant must satisfy its specific requirements.

Modification of Immigration Status

EX-28 also includes pending applications involving:

modificación de situaciones

A person may already have held one Spanish immigration authorization and filed an application before 20 May 2025 to move to another.

Where a corresponding modification exists under the current regulation, EX-28 allows the applicant to request application of the newer modification framework.

For current modification procedures, see our EX-26 Modification of Residence or Work Status guide.

EX-28 Categories Summary

Old Pending Application	Potential Current Treatment
Studies / mobility / volunteering	Equivalent long-duration stay
Certain old arraigo familiar cases	Current qualifying arraigo familiar
Arraigo para la formación	Arraigo socioformativo
Certain old arraigo social cases	Arraigo sociolaboral
Other old arraigo social cases	Current arraigo social
Other exceptional circumstances	Equivalent current authorization
Certain family cases involving Spanish citizen	EX-24-type Spanish-family residence
Non-Lucrative residence	Current equivalent
Family reunification	Current equivalent
Employee residence/work	Current equivalent
Self-employed residence/work	Current equivalent
Work-authorization exemption	Current equivalent
Certain minor-residence applications	Current Articles 159/160 framework
Long-term residence	National long-term residence
EU long-term residence	EU long-term residence
Modification application	Equivalent current modification

Is It Always Better to Use EX-28?

No.

The fact that RD 1155/2024 is newer does not mean that switching is always advantageous.

The applicant should compare the two legal frameworks before making the request.

Compare the Existing Application

Review:

what requirements applied when the application was filed;
whether those requirements were already satisfied;
what documents were submitted;
whether the original file is strong;
whether there are deficiencies in the original application.

Compare the Current Authorization

Then review:

eligibility under RD 1155/2024;
residence-period requirements;
employment conditions;
income requirements;
family conditions;
integration requirements;
insurance;
housing;
criminal-record rules;
additional documentation.

Only then can you determine whether changing the applicable regulation makes sense.

EX-28 Is a Choice

The Second Transitional Provision does not automatically convert every old pending immigration application to the new regulation.

Without an EX-28-type request, the normal rule is:

Application filed under old regulation → processed under old regulation

The applicant must actively request the newer rules.

This is why the official instructions state that the request is made:

a instancia de parte

meaning at the initiative of the applicant.

How to Complete EX-28

The current form contains five principal sections.

Section 1: Foreign Applicant Details

The first section asks for information including:

passport;
NIE;
surnames;
first name;
sex;
date of birth;
place of birth;
country of birth;
nationality;
marital status;
parents’ names;
Spanish address;
postcode;
province;
telephone;
email.

The form also asks whether the applicant:

already holds another authorization;
has dependent children of compulsory school age in Spain.

The details should be consistent with the underlying pending immigration expediente.

Section 2: Pending Application Details

This is one of the most important parts of EX-28.

The form requires:

Nº de Expediente

and:

Fecha de Presentación

The official form specifically indicates that the filing date must be:

before 20 May 2025.

Check the expediente number carefully.

EX-28 must be connected to the correct unresolved application.

Where Can You Find Your Expediente Number?

The immigration file number can appear on documents such as:

initial submission receipt;
Mercurio receipt;
immigration notifications;
requerimientos;
status-check information;
previous correspondence from the Oficina de Extranjería.

Do not confuse the expediente number with:

NIE;
passport number;
application registration number;
fee number.

Section 3: Representative Details

Where another person presents the request, EX-28 contains a section for the representative.

This can include a properly authorized:

lawyer;
gestor;
immigration professional;
parent or legal guardian;
company representative;
other representative.

The form asks for information including:

name or business name;
DNI, NIE or passport;
address;
telephone;
email;
legal basis of representation.

Section 4: Notification Details

EX-28 requires an address for official administrative communications.

The form also permits electronic notification through Spain’s electronic system where the necessary identification requirements are met.

Monitor official notifications carefully.

A government email alert is generally only a convenience notification.

The legal communication is the official document made available through the administrative notification system.

For more information about electronic administration, see our Digital Certificate in Spain guide.

Section 5: Type of Change Requested

This is the central part of EX-28.

The applicant selects the transition from the previous regulatory framework to the equivalent authorization under RD 1155/2024.

The available groups include:

long-duration stay;
exceptional-circumstances residence;
Spanish-citizen family residence;
ordinary temporary residence;
residence for certain minors;
national long-term residence;
EU long-term residence;
modification of immigration status.

Do not choose the category merely because it appears more favorable.

The selected category must legally correspond to the unresolved original application.

Other Family Reunification Applications

EX-28 also asks whether there are other:

family reunification applications

that are:

already pending; or
being submitted simultaneously.

Answer this section accurately.

Related family files may need to be coordinated with the principal immigration application.

What Documents Must Accompany EX-28?

The official EX-28 instructions are clear:

The applicant must provide the mandatory documentation required for the authorization requested under RD 1155/2024.

This is critical.

EX-28 does not simply tell the immigration authority:

“Please use the new law.”

You must also prove:

“I satisfy the requirements of the authorization under the new law.”

Typical EX-28 Documents

Depending on the case, preparation can include:

completed EX-28;
passport details;
NIE;
pending expediente number;
original submission date;
proof that the application remains unresolved;
documents required for the corresponding RD 1155/2024 authorization;
representative authorization where applicable;
updated contact information;
updated notification information.

Additional documents depend entirely on the requested authorization.

Possible Supporting Documents

Depending on the transition, these can include:

complete passport;
criminal-record certificate;
proof of time in Spain;
employment contract;
employer documentation;
financial resources;
health insurance;
marriage certificate;
birth certificate;
dependency evidence;
social integration report;
training documentation;
education records;
housing evidence;
professional qualifications;
business documentation.

Do not submit a generic EX-28 document package.

Build the file around the specific authorization selected in Section 5.

Do Previously Submitted Documents Need to Be Submitted Again?

The immigration authority already has the original expediente.

However, the applicant must ensure that the file contains everything required under the new authorization.

That can mean providing:

documents that were not required under the old regulation;
updated versions of expired documents;
new evidence relating to changed circumstances;
additional evidence required by RD 1155/2024.

Do not assume that because a document existed in the old file, the entire new-regulation application is automatically complete.

When Must EX-28 Be Submitted?

EX-28 must be requested:

before the underlying immigration procedure is resolved.

This is the principal deadline.

The form is connected to an old pre-20 May 2025 case.

As time passes, fewer such applications remain unresolved.

In 2026, EX-28 is therefore increasingly a specialist procedure for unusual older files that genuinely remain pending.

Can You Submit EX-28 After a Refusal?

EX-28 is not designed as a mechanism for changing the applicable law after the original application has already been decided.

The official instructions specifically distinguish administrative appeals.

If the authority issued a decision under RD 557/2011 and an administrative appeal was filed against that decision, the appeal continues to be:

processed and decided under RD 557/2011.

The EX-28 transitional choice does not normally convert that appeal into a new-regulation case.

What If EX-28 Was Requested Before the Decision?

If the applicant validly chose one of the RD 1155/2024 authorizations while the original procedure was still pending, the resulting decision is issued under the new framework.

An appeal against that new-regulation decision is then handled under the corresponding new regulatory framework.

How Is EX-28 Submitted?

The official form provides an electronic route through:

Mercurio

Spain created a specific electronic option for requesting application of the new regulation to an existing pending expediente.

This is generally the clearest filing method for applicants or professional representatives using electronic immigration administration.

Can EX-28 Be Submitted Without Mercurio?

Yes, in qualifying circumstances.

The official instructions provide that people who are not legally required to communicate electronically can exercise the option by submitting a written request through the legally permitted administrative filing channels.

The request still needs to:

identify the pending expediente;
clearly request application of the new regulation;
identify the corresponding authorization;
include the necessary supporting documents.

Which Immigration Office Handles EX-28?

EX-28 does not create a new immigration office.

It relates to an existing expediente.

The request is therefore handled in connection with the authority responsible for the underlying immigration application.

The legal requirements are national.

There is no separate substantive EX-28 law for:

Madrid;
Barcelona;
Valencia;
Alicante;
Málaga;
another province.

Local administrative organization can differ, but the transitional legal framework does not change by city.

Does EX-28 Have a Government Fee?

There is no single universal “EX-28 fee” simply for choosing the new regulatory framework.

However, the underlying authorization requested under RD 1155/2024 may have applicable government fees.

The exact fee therefore depends on the immigration procedure involved.

For example, a residence/work authorization can have different fee requirements from:

long-term residence;
student status;
family residence;
exceptional circumstances.

Always check the fee applicable to the authorization selected in Section 5.

Does Filing EX-28 Guarantee Approval?

No.

EX-28 changes the legal framework used to assess the pending application.

It does not automatically satisfy the requirements of that framework.

The immigration authority still determines whether the applicant qualifies.

The possible outcomes therefore remain:

Approval

or:

Refusal

depending on the legal and documentary circumstances.

Can You Withdraw EX-28 After Requesting the New Rules?

Do not treat EX-28 as an informal request that can be tested without consequences.

You are expressly asking the immigration authority to assess the pending procedure under a different regulatory framework.

Before making that choice, compare the two sets of rules carefully.

Where the procedural situation becomes complicated, professional immigration advice can be particularly valuable.

EX-28 and 2026 Extraordinary Arraigo

EX-28 should not be confused with the extraordinary regularization measures introduced in 2026.

Spain now has separate forms for special 2026 arraigo procedures.

For example:

EX-31 concerns the special arraigo framework for certain international-protection applicants;
EX-32 concerns the 2026 extraordinary arraigo procedure.

EX-28 has a completely different purpose.

Its role remains:

apply RD 1155/2024 to an eligible unresolved application originally filed before 20 May 2025.

EX-28 vs EX-10

EX-28	EX-10
Transitional request	Exceptional-circumstances residence application
Requires an existing old pending file	Starts the relevant residence procedure
Pre-20 May 2025 original application	Current standard arraigo and other EX-10 cases
Applies new regulation to old pending procedure	Requests substantive residence authorization

Someone applying for ordinary arraigo today should generally not use EX-28.

EX-28 vs EX-24

EX-24 is the current substantive form for qualifying residence of family members of Spanish citizens.

EX-28 can be relevant only where an eligible old pending family application is being moved into the new Spanish-family framework.

The sequence can therefore be conceptually understood as:

Old pending family case → EX-28 transitional request → Current Spanish-family legal framework

rather than:

New family application → EX-28

A new qualifying family application uses the appropriate current procedure, generally EX-24.

EX-28 vs EX-26

EX-26 is the current form used for many modifications between existing immigration statuses.

EX-28 is different.

It can be used when an applicant already had a modification application filed under the old regulation before 20 May 2025 and wants that still-pending modification considered under the equivalent current rules.

For a new modification application today, use the current modification framework rather than EX-28.

Common EX-28 Mistakes

Using Multiple H1 Headings

Only the article title should be H1.

All sections below it should use H2 or H3.

Treating EX-28 as a New Immigration Application

It requires an existing pending expediente.

Filing EX-28 for an Application Submitted After 20 May 2025

The official EX-28 specifically concerns applications filed before that date.

Confusing EX-28 With Every 2026 Transitional Rule

Spain introduced additional transitional immigration rules in 2026, but those are separate from the EX-28 mechanism.

Confusing EX-28 With Arraigo

EX-28 is not the standard arraigo application form.

Waiting Until the Original Case Has Been Decided

The request must be made before the pending procedure is resolved.

Trying to Use EX-28 During an Appeal

Appeals against old-regulation decisions continue under the old framework.

Selecting a New Authorization Based Only on Its Name

The transition must correspond legally to the old pending application.

Assuming Newer Means Easier

RD 1155/2024 may be better in one case and worse in another.

Submitting Only the EX-28 Form

The mandatory documents required for the requested current authorization must also be supplied.

Forgetting New Requirements

The current authorization may require documents that were not needed when the original application was filed.

Using the Wrong Expediente Number

EX-28 must be correctly connected to the existing application.

Confusing NIE With Expediente Number

They are different identifiers.

Ignoring Electronic Notifications

Missing a requerimiento or decision can have serious consequences.

Assuming EX-28 Has One Universal Government Fee

Fees depend on the underlying authorization.

Adding Thin City-Specific Information

EX-28 is governed by national transitional rules. The legal criteria do not change because the underlying case is processed in Madrid, Alicante or Barcelona.

EX-28 Checklist

Before requesting application of the new regulation, confirm that:

an underlying immigration application already exists;
the original application was submitted before 20 May 2025;
the application is genuinely still pending;
no final decision has already been issued;
the expediente number is correct;
the original filing date is documented;
the old legal basis has been identified;
the equivalent current authorization has been identified;
the old and new requirements have been compared;
switching to RD 1155/2024 actually makes sense;
every requirement of the requested current authorization can be satisfied;
all mandatory supporting documents are prepared;
expired documents have been updated where necessary;
representation documentation is ready where applicable;
the correct Section 5 category is selected;
related family-reunification files have been identified;
Mercurio or another legally permitted filing route is available;
official notifications will be monitored;
applicable fees for the underlying authorization have been checked;
copies of the complete submission are retained.

Frequently Asked Questions About EX-28

What is EX-28 in Spain?

EX-28 is the official form used to request application of the Second Transitional Provision of Royal Decree 1155/2024 to a qualifying pending immigration application.

Does EX-28 start a new residence application?

No.

It modifies the regulatory framework applied to an existing unresolved application.

When must the original application have been filed?

Before 20 May 2025.

Why is 20 May 2025 important?

That is when Spain’s new Immigration Regulation under Royal Decree 1155/2024 entered into force.

What normally happens to applications filed before 20 May 2025?

They continue under the law that applied when they were submitted unless the applicant validly requests application of RD 1155/2024.

Does my old case have to still be pending?

Yes.

Can I use EX-28 after receiving a refusal?

Not as the ordinary mechanism for changing the regulatory framework of the already decided application.

Can I use EX-28 during my administrative appeal?

The official instructions state that appeals against decisions issued under RD 557/2011 continue to be processed under that previous regulation.

Can I use EX-28 for a case filed in June 2025?

Not under the normal EX-28 Second Transitional Provision mechanism because the application was filed after RD 1155/2024 entered into force.

Are there other 2026 transitional immigration rules?

Yes.

Spain introduced additional transitional provisions in April 2026. They should not be confused with EX-28.

Is EX-28 the new arraigo social form?

No.

What form is normally used for current arraigo?

EX-10 is used for standard current arraigo and several other exceptional-circumstances procedures.

Can an old arraigo para la formación application use EX-28?

A qualifying unresolved application can potentially move to the current arraigo socioformativo framework.

Can old arraigo social move to arraigo sociolaboral?

Certain qualifying old applications can.

Can old arraigo social remain arraigo social under the new rules?

Certain other qualifying old applications can move to the current arraigo social framework.

Can old family applications involving Spanish citizens use EX-28?

Certain qualifying unresolved arraigo familiar or EU-family-card applications can transition to the new residence regime for family members of Spanish citizens.

Can a pending Non-Lucrative residence application use EX-28?

Potentially, where the application was filed before 20 May 2025, remains unresolved and the applicant satisfies the equivalent current requirements.

Can family reunification use EX-28?

Potentially, under the same transitional conditions.

Can work-permit cases use EX-28?

Yes, qualifying old pending employee and self-employed applications are among the categories listed on the form.

Can applications for children use EX-28?

Qualifying old pending applications involving residence of children or minors under guardianship can move to the equivalent current framework.

Can long-term residence use EX-28?

Yes, where the application satisfies the transitional conditions.

Does EX-28 cover EU long-term residence?

Yes.

The official form contains separate national and EU long-term residence options.

Can old modification applications use EX-28?

Yes, where the qualifying modification was filed under the former regulation and remains pending.

Can I file EX-28 through Mercurio?

Yes.

The official instructions specifically identify a Mercurio option for requesting application of the new regulation.

Can it be filed another way?

People who are not legally required to communicate electronically can use legally permitted administrative filing channels.

Do I need additional documents?

Yes, where the current authorization requires them.

Do I have to meet all the requirements of the new authorization?

Yes.

Does filing EX-28 guarantee approval?

No.

Is there a special EX-28 fee?

There is no universal standalone fee simply for requesting the transitional change. Any applicable fees depend on the underlying authorization being requested.

Is EX-28 still relevant in 2026?

Yes, but only in a decreasing number of cases because the underlying application must have been filed before 20 May 2025 and must still remain unresolved.

Is EX-28 used for new applications today?

No.

A new application should use the current substantive EX form corresponding to the immigration authorization sought.

Which Form Should You Use Instead of EX-28?

If you are making a new application today, identify the substantive immigration route.

For example:

Current student/study application → EX-00

Current Non-Lucrative residence → EX-01

Current family reunification → EX-02

Current employee residence/work → EX-03

Current self-employed residence/work → EX-07

Current exceptional-circumstances/arraigo application → EX-10

Current family-of-Spanish-citizen residence → EX-24

Current foreign-minor residence → EX-25

Current modification of status → EX-26

Old pre-20 May 2025 application still pending + request new rules → EX-28

That distinction is the key to understanding this unusual form.

Need Help With an Old Pending Immigration Application?

EX-28 should be used only after comparing the legal position under both immigration regulations.

The correct process is:

Identify old pending expediente → Confirm filing before 20 May 2025 → Confirm no decision has been issued → Identify old legal basis → Find equivalent RD 1155/2024 authorization → Compare requirements → Prepare new documents → Submit EX-28 → Monitor the existing expediente

For current immigration procedures, use our Spain Immigration Forms guide.

If the pending case concerns arraigo, see our EX-10 Arraigo guide.

If it concerns a family member of a Spanish citizen, see our EX-24 Family Residence guide.

If it concerns a minor, see our EX-25 Foreign Minors guide.

If it concerns modification of an existing status, see our EX-26 Modification guide.

For assistance comparing the old and current immigration rules and determining whether EX-28 is appropriate for an unresolved case, contact Newcomer.es.