EX-09 Form Spain: Residence With Work Authorization Exemption

EX-09 is Spain’s official form for temporary residence when a foreign national will carry out a specific activity that is legally exempt from the ordinary requirement to obtain a Spanish work authorization.

The exemption applies only to particular activities defined by Spanish immigration law.

It does not mean that the person is exempt from Spanish immigration rules, and it does not create a general right to work in Spain.

For qualifying activities lasting more than 90 days, EX-09 can be used for temporary residence with an exception from the normal work-authorization requirement.

The initial authorization is generally linked to the duration of the qualifying activity or program, with a maximum initial validity of one year.

If the qualifying circumstances continue, the residence authorization can potentially be extended, with an extension lasting up to four years.

To compare EX-09 with other Spanish immigration forms, see our complete Spain Immigration Forms: EX-00 to EX-32 guide.

What Is Form EX-09?

EX-09 is officially used for:

Solicitud de autorización de residencia temporal con excepción de la autorización de trabajo

or an application for temporary residence with an exception from the requirement to obtain work authorization.

Normally, a non-EU national who intends to work in Spain needs immigration authorization permitting that employment or professional activity.

Spanish immigration law, however, identifies certain activities for which the ordinary work-authorization requirement does not apply.

EX-09 provides the residence procedure for qualifying foreign nationals carrying out those activities for more than 90 days.

The distinction is fundamental:

EX-09 does not give you an ordinary Spanish work permit.

Instead, the law recognizes that your particular activity falls within a specific exception from the ordinary work-permit requirement.

EX-09 at a Glance

Question	Answer
Form	EX-09
Main purpose	Temporary residence with exception from ordinary work authorization
Standard work permit	No
Initial application	Yes
Extension	Yes
Activity normally exceeds	90 days
Maximum initial validity	Generally 1 year
Maximum extension	Generally up to 4 years
Applicant	Foreign national
Application from abroad	Spanish consular authority
Application from Spain	Oficina de Extranjería or Mercurio
Initial decision from Spain	Generally 2 months
Initial decision through consulate	Generally 15 days
Initial administrative silence	Negative
Extension decision	Generally 3 months
Extension administrative silence	Positive
TIE	Required where authorization exceeds 6 months
Current framework	Royal Decree 1155/2024

Who Can Qualify for EX-09?

EX-09 applies only to legally defined categories.

Current Spanish immigration rules recognize several principal situations.

These include certain:

• technicians, researchers and scientists;
• university professors and academic personnel;
• personnel of qualifying foreign educational or cultural institutions;
• foreign civil or military officials;
• accredited foreign correspondents and special media envoys;
• members of international scientific missions;
• qualifying ministers of religion and professed members of religious orders;
• representatives of internationally recognized trade unions and employers’ organizations;
• certain non-EU workers legally employed in another EU Member State who are temporarily posted to Spain.

Each category has its own evidence requirements.

Being highly educated, internationally recognized or employed by a foreign organization does not by itself establish EX-09 eligibility.

EX-09 for Researchers, Scientists and Technical Specialists

One important EX-09 category concerns technicians, researchers and scientists invited or contracted by qualifying Spanish public bodies.

This can include activity connected with:

• the Spanish State;
• Autonomous Communities;
• local authorities;
• universities;
• qualifying organizations created or majority-supported by those public administrations for research and development.

The applicant must normally be invited or contracted because of relevant:

• knowledge;
• specialization;
• professional experience;
• scientific practice.

The project can involve technical, scientific or other activities of general interest.

What Evidence Is Normally Required?

The case normally needs an invitation or employment contract from the competent institution.

That documentation should identify matters such as:

• the project;
• activity to be carried out;
• professional profile required;
• applicant’s role;
• duration.

An ordinary private-company research position does not automatically fall within this particular exemption.

EX-09 for University Professors and Researchers

Another specific category covers foreign:

• professors;
• technicians;
• researchers;
• scientists;

who are invited or contracted by a Spanish university.

The activity should relate to:

• teaching;
• research;
• academic work.

The Spanish university should provide appropriate documentation confirming the invitation or contractual relationship.

The document should be signed by the person with legal authority to represent the university for this purpose.

Does Every University Employee Qualify?

No.

The exception is connected with qualifying teaching, technical, scientific, research and academic functions.

Employment at a university does not automatically make every foreign employee eligible for EX-09.

For example, an ordinary commercial, administrative or unrelated support position should not automatically be treated as exempt merely because the employer happens to be a university.

The actual professional activity matters.

EX-09 for Foreign Educational and Cultural Institutions

Certain personnel of qualifying foreign educational or cultural institutions operating in Spain can also fall within the exemption.

The institution may be:

• dependent on another state; or
• a private institution of recognized prestige that is officially recognized by Spain.

Potential qualifying personnel can include:

• directors;
• teaching staff;
• researchers;
• other personnel whose work falls within the recognized educational or cultural program.

The activity in Spain must remain connected with the institution’s official programs.

The studies, programs, diplomas or qualifications provided by the institution must also satisfy the applicable recognition requirements in the country on which the institution depends.

Does Every International School Qualify?

No.

Using a foreign curriculum, teaching in English or having international students does not automatically mean that an institution or all its employees qualify for EX-09.

The legal status of the institution and the specific role of the foreign employee need to satisfy the requirements of the exemption.

EX-09 for Foreign Government Officials

Foreign civil or military officials may qualify when they come to Spain to perform activities connected with cooperation arrangements between:

• a foreign state administration; and
• a Spanish public administration.

The case should normally demonstrate:

• the applicant’s official position;
• the foreign public administration involved;
• the cooperation arrangement;
• the activity in Spain;
• the Spanish authority involved.

Ordinary employees of foreign state-owned companies should not automatically be treated as foreign government officials for EX-09 purposes.

EX-09 for Foreign Journalists

Certain foreign media professionals can qualify for the work-authorization exception.

The category includes qualifying:

• foreign correspondents;
• special correspondents;
• special envoys;
• other foreign media representatives covered by the legal category.

The professional must be properly accredited by the competent Spanish authorities.

Does Every Journalist or Content Creator Qualify?

No.

EX-09 should not automatically be used simply because someone describes themselves as a journalist.

The exemption should not be assumed to cover ordinary:

• bloggers;
• YouTubers;
• influencers;
• independent content creators;
• freelance media professionals without the required accreditation.

The official exemption concerns properly accredited foreign media personnel.

EX-09 for International Scientific Missions

Members of qualifying international scientific missions can also benefit from the exemption.

The scientific work or research must be authorized by the competent Spanish State or Autonomous Community authority.

Examples of international scientific activity could potentially involve:

• marine research;
• environmental science;
• astronomy;
• geology;
• archaeology;
• climate research;
• biodiversity studies;
• other authorized scientific investigations.

The application should establish both:

1. authorization of the scientific work; and
2. the applicant’s participation in the international scientific mission.

EX-09 for Religious Workers

Spanish immigration law also provides an exception for certain religious personnel.

Potential qualifying applicants include:

• ministers of religion;
• members of the hierarchy of churches, religious communities or confessions;
• professed members of religious orders.

However, detailed conditions apply.

Religious Organization Requirements

The church, confession, community or religious order must be registered in Spain’s official Register of Religious Entities.

The foreign national must genuinely and currently hold the qualifying religious status.

The activities in Spain must also fit the legal exception.

For ministers and members of religious hierarchy, the activities should be genuinely religious.

For professed members of religious orders, the activities may be:

• contemplative; or
• connected with the statutory purposes of the religious order.

Ordinary employment outside the qualifying religious framework is not covered simply because the individual belongs to a religious organization.

Maintenance, Accommodation and Social Security for Religious Personnel

The relevant religious organization must also commit to assuming the expenses associated with the person’s:

• maintenance;
• accommodation;

and to complying with applicable Social Security requirements.

The supporting documentation should therefore go beyond merely confirming membership of the organization.

Who Does Not Qualify Under the Religious Exception?

The current rules expressly exclude certain people who have not yet reached the required religious status.

This includes:

• seminarians;
• people preparing for religious ministry;
• people connected with a religious order who have not yet professed.

They should not automatically use EX-09 on the basis of the religious-worker exception.

EX-09 for Trade Union and Employer-Organization Representatives

Certain foreign nationals forming part of the:

• representative bodies;
• governing bodies;
• administrative bodies;

of internationally recognized trade unions or employers’ organizations can also fall within the exemption.

Their activity in Spain must remain limited to the functions connected with those bodies.

The organization should provide appropriate certification demonstrating the person’s role.

Ordinary employees of a trade union or employers’ association do not necessarily qualify simply because of the identity of the organization.

EX-09 for Workers Posted From Another EU Member State

EX-09 can also become relevant in certain transnational EU service situations.

This applies to a non-EU national who:

• is legally employed in another EU Member State;
• holds a valid work authorization there;
• remains employed under that employment relationship;
• is temporarily posted to Spain as part of a transnational provision of services.

This is not the same as an ordinary Spanish employer hiring a foreign worker.

The worker remains connected to the employer established in the other EU country.

Posted Worker Notification

The employer posting the worker generally needs to comply with Spanish labour-law notification requirements before the posting begins.

The applicable communication is made to the competent Spanish labour authority for the territory where the services will be performed.

This requirement applies separately from the immigration analysis.

A foreign worker should therefore not assume that holding a residence or work permit from another EU Member State automatically grants an unrestricted right to work in Spain.

EX-09 Is Not Based on Salary or Professional Prestige

A highly paid professional does not qualify for EX-09 simply because the role is senior.

Likewise, being:

• an executive;
• an engineer;
• a doctor;
• a technology specialist;
• an international consultant;
• a senior manager;

does not itself create a work-authorization exemption.

EX-09 is based on the legal nature of the activity, not the salary, title or prestige of the applicant.

A highly qualified employee may instead need another Spanish work-immigration route.

For ordinary employee immigration, see our Spain Work Permit Visa guide.

How Does the 90-Day Rule Affect EX-09?

Duration is critical.

The temporary-residence EX-09 procedure applies where the qualifying exempt professional activity is expected to last more than 90 calendar days.

Where a foreign national who is not resident in Spain will carry out a qualifying exempt activity for 90 days or less, the temporary-residence EX-09 procedure is not the ordinary route.

Instead, the applicable short-stay and consular framework should be examined.

Do not therefore assume that every exempt professional coming to Spain for a short conference, project, scientific assignment or media activity needs temporary residence.

General Requirements for EX-09 Residence

In addition to proving the qualifying work-authorization exemption, applicants must satisfy the general immigration requirements.

These normally include:

• not being covered by the EU free-movement regime;
• not being irregularly present in Spain;
• not having disqualifying criminal convictions in Spain or relevant previous countries of residence;
• not being prohibited from entering applicable territories;
• not being within an applicable no-return period resulting from voluntary return;
• not representing a threat to public order, public security or public health;
• proving that the activity genuinely falls within a recognized work-authorization exception;
• paying the applicable administrative fee.

Meeting the professional-category requirement alone is not sufficient.

What Documents Are Required for EX-09?

The precise document package depends heavily on the exemption category.

However, a standard application can involve the following.

EX-09 Form

The current official EX-09 should be properly completed and signed.

The form operates under Royal Decree 1155/2024.

Applicants should not rely on old EX-09 versions referring only to the previous immigration regulation.

Passport

A complete copy of the applicant’s passport, travel document or qualifying registration document is required.

For the current procedure, the document should generally have at least one year of validity.

The personal details entered on EX-09 should match the passport exactly.

Evidence of the Work-Authorization Exemption

This is the central document category.

Depending on the case, evidence might include:

• invitation from a university;
• employment contract;
• scientific-project documentation;
• accreditation as a foreign correspondent;
• authorization for an international scientific mission;
• certificate from a foreign public administration;
• religious-organization documentation;
• trade union or employer-organization certification;
• EU posting documentation.

The evidence should show why the specific legal exemption applies.

Criminal Record Certificate

Applicants generally need to provide the criminal-record documentation required by the procedure for relevant countries of previous residence.

Medical Certificate

A medical certificate is also part of the current residence procedure.

The document should satisfy the applicable Spanish immigration requirements.

Foreign Documents

Foreign public documents may need:

• apostille;
• consular legalization;
• exemption under an international agreement.

Documents in another language may also need an official sworn translation into Spanish or the relevant co-official language.

Prepare these formalities early.

What Information Does EX-09 Ask For?

The current form is divided into several principal sections.

Foreign Applicant Details

The first section asks for information such as:

• passport;
• NIE if already assigned;
• surnames;
• first name;
• sex;
• date of birth;
• place and country of birth;
• nationality;
• marital status;
• parents’ names;
• Spanish address;
• mobile telephone;
• email;
• dependent school-age children in Spain.

The information should be consistent across the entire application file.

Inviting, Contracting or Posting Entity

EX-09 has a dedicated section for the organization that:

• invites;
• contracts; or
• posts

the foreign national.

This section includes information such as:

• organization name;
• NIF or NIE;
• activity;
• occupation;
• Spanish address;
• contact details;
• legal representative.

This reinforces an important point: EX-09 is tied to a defined activity and organization rather than providing general labour-market access.

Representative Information

Where an authorized representative is involved, the corresponding information is entered in the representative section.

Address for Notifications

EX-09 also asks for official notification information.

The current form permits electronic communication through DEHú where the applicant has the necessary electronic identification.

If you intend to use Spanish electronic immigration services, our Digital Certificate in Spain guide explains one of the principal access methods.

Type of Authorization Requested

The current EX-09 provides two principal choices.

Initial Residence With Exception

This is selected for the initial temporary-residence authorization.

The form specifically identifies religious personnel and provides an “other cases” field for the remaining legally recognized exemptions.

Extension of Residence

This applies to someone who already holds temporary residence with an exception from work authorization and whose qualifying circumstances continue.

The initial procedure and extension have different filing methods, deadlines and administrative-silence rules.

Who Submits the Initial EX-09 Application?

For the ordinary procedure, the foreign national is the person entitled to submit the application.

This is an important distinction from employer-led forms such as EX-03.

The supporting entity still plays a major role in supplying:

• invitation;
• contract;
• project evidence;
• accreditation;
• institutional documentation;

but the applicant is the foreign national.

Where Is EX-09 Submitted From Outside Spain?

Where the procedure begins outside Spain, the applicant submits the process personally through the competent Spanish diplomatic mission or consular office for their place of residence.

The consular route combines the residence analysis with the corresponding entry process.

Applicants should prepare the qualifying exemption before submitting rather than expecting the consulate to determine which professional category applies.

Can EX-09 Be Submitted From Spain?

Yes, when the applicant is legally in Spain and the requirements for the procedure are satisfied.

The application can be submitted:

• personally through the competent Oficina de Extranjería in the province where the activity will begin; or
• electronically through Mercurio.

A visitor should not assume that lawful entry automatically guarantees EX-09 eligibility.

The professional activity must independently satisfy one of the recognized legal exemptions.

EX-09 Application From Spain: Processing Time

When an initial EX-09 residence application is submitted from Spain, the official maximum decision period is generally two months.

If the authorities do not notify a decision within the statutory period, the application may be treated as refused through negative administrative silence.

Applicants should continue monitoring official notifications during processing.

EX-09 Through the Consular Route: Processing Time

For an application initiated through the competent Spanish consular authority, the current official guidance provides an administrative decision period of 15 days.

If no response is issued within the applicable period, negative administrative silence applies.

Actual preparation time can still be longer because obtaining:

• criminal records;
• medical certificates;
• institutional documents;
• apostilles;
• translations;

may require substantial preparation before filing.

EX-09 Government Fee

The initial temporary-residence procedure uses:

Modelo 790 Código 052

under the applicable category for initial temporary residence with an exception from the work-authorization requirement.

The fee is payable by the foreign national.

Under the current procedure, the fee becomes due when the application is submitted and should be paid within the applicable deadline.

Because the activity is legally exempt from the ordinary work-authorization requirement, EX-09 should not be confused with ordinary employer-sponsored procedures that have a separate work-authorization fee structure.

What Happens After EX-09 Is Approved Abroad?

Where the process begins abroad and the corresponding residence visa is granted, several steps follow.

Collect the Visa

The applicant normally has one month from notification to collect the granted visa.

Failure to collect it within the applicable period can result in the process being treated as abandoned.

Enter Spain

After collecting the visa, the applicant must enter Spain during the visa’s validity.

Under the current procedure, that validity will not exceed three months.

Apply for the TIE When Required

If the residence authorization is valid for more than six months, the foreign national must generally apply personally for the Tarjeta de Identidad de Extranjero within one month of entering Spain.

Read our TIE Card Spain guide before completing the physical residence-card process.

EX-09 Does Not Replace the TIE

EX-09 and the TIE serve different purposes.

Document	Purpose
EX-09	Underlying temporary residence with work-authorization exemption
Visa	Entry into Spain where the procedure begins abroad
EX-17	Application connected with the physical TIE
TIE	Physical foreigner identity card
NIE	Foreigner identification number

A person can therefore need EX-09 first and EX-17 later.

How Long Is the Initial EX-09 Authorization Valid?

The authorization follows the duration of the qualifying activity or program.

However, the standard initial temporary residence authorization has a maximum validity of one year.

Examples could include a qualifying activity lasting:

• five months;
• eight months;
• ten months;
• one year.

The authorization should reflect the real duration of the approved activity, subject to the legal maximum.

It should not automatically be assumed that every successful EX-09 application receives one full year.

Can EX-09 Be Extended?

Yes.

The current form contains a prórroga de residencia option.

An extension is possible where the circumstances supporting the original work-authorization exception continue.

The applicant needs to show that the qualifying activity or program remains valid.

When Can You Apply for an EX-09 Extension?

The standard filing window is:

• during the two calendar months before the current authorization expires; or
• during the three months after expiration.

Applications filed after expiration can expose the applicant to possible sanction proceedings, so applying before expiry is preferable.

Where Is the EX-09 Extension Submitted?

The current extension procedure is submitted electronically through Mercurio.

This differs from the initial application, which can begin through the consular route or, where applicable, through the Spanish immigration office.

Residents approaching extension should therefore make sure their electronic access is prepared in advance.

EX-09 Extension Documents

The extension application generally requires:

• current EX-09;
• complete valid passport or travel document;
• evidence that the circumstances supporting the exemption still exist;
• proof of the applicable administrative fee.

The central question is whether the applicant still fits the legal exception that justified the original authorization.

How Long Does an EX-09 Extension Take?

The official maximum decision period for an EX-09 extension is generally three months.

Unlike the initial procedure, the extension has positive administrative silence.

If the administration does not notify a decision within the statutory period, the application may be considered approved under the applicable administrative rules.

How Long Can the EX-09 Extension Last?

The extension follows the duration of the continuing qualifying activity or program.

Under the current rules, the extension can have a maximum validity of four years.

This creates an important distinction:

Initial EX-09 → maximum 1 year

EX-09 extension → maximum 4 years

provided the circumstances giving rise to the work-authorization exception continue.

TIE After an EX-09 Extension

After approval of the extension, the foreign national generally has one month from notification to apply personally for the new TIE.

The TIE remains a separate physical-document procedure.

Does EX-09 Give General Permission to Work in Spain?

No.

This is perhaps the most important EX-09 rule.

The exemption applies to the specific qualifying activity.

It should not be treated as unrestricted authorization to enter the Spanish labour market.

For example, a person admitted as a qualifying university researcher should not assume that EX-09 automatically authorizes them to leave that activity and accept any unrelated private-sector job.

A change in professional activity may require a different immigration authorization.

Can an EX-09 Holder Become an Ordinary Employee?

Potentially, but not simply because they already have EX-09 residence.

If the person wants to move into normal employment outside the recognized exemption, the appropriate residence-and-work procedure must be identified.

For standard employer-sponsored employment, see our EX-03 Work Permit guide.

EX-09 vs EX-03

These forms are fundamentally different.

EX-09	EX-03
Activity is legally exempt from ordinary work authorization	Ordinary employee residence/work authorization
Applicant is the foreign national	Standard initial application is employer-led
Specific legal exemption required	Employment authorization required
Does not create general labour-market access	Based on authorized employment
EX-09 form	EX-03 form

Do not choose EX-09 merely because it appears simpler.

The activity must legally qualify for the exemption.

EX-09 vs EX-07

EX-07 is associated with self-employed residence and work.

EX-09	EX-07
Specific activity exempt from work authorization	Self-employed work authorization
Exception must exist in law	Applicant establishes independent economic activity
Specialized categories	Entrepreneurs and independent professionals
No general freelancer exemption	Immigration permission for qualifying self-employment

Being an independent professional or freelancer does not automatically create an EX-09 exemption.

For ordinary self-employed immigration, read our EX-07 Self-Employed Work Permit guide.

EX-09 vs Digital Nomad Visa

EX-09 is not Spain’s Digital Nomad Visa.

A person working remotely from Spain for foreign companies or clients does not automatically qualify simply because:

• the employer is abroad;
• the work is online;
• the person is highly qualified;
• the assignment is international.

The Digital Nomad regime is a separate immigration pathway for qualifying international teleworkers.

Read our Spain Digital Nomad Visa guide if your main activity is remote international work.

EX-09 vs EX-17

EX-17 concerns the physical TIE.

EX-09 concerns the underlying temporary residence authorization.

A qualifying applicant may therefore use:

EX-09 → residence authorization

followed by:

EX-17 → physical TIE

where the duration of residence requires a card.

EX-09 vs EX-10

These two forms have completely different purposes despite the similar terminology.

EX-09 concerns an exception from the requirement to obtain work authorization.

EX-10 concerns residence due to exceptional circumstances, including several immigration routes under Spain’s exceptional-circumstances framework.

“Exception” and “exceptional circumstances” should not be confused.

Common EX-09 Mistakes

Treating EX-09 as an Easier Work Permit

EX-09 is not an alternative route for ordinary workers who cannot obtain a standard work permit.

The applicant must fit a specific statutory exemption.

Assuming Every Researcher Qualifies

The institution, project and legal basis matter.

Assuming Every University Employee Qualifies

The role must fall within the recognized teaching, academic, technical or research exception.

Assuming Every International School Employee Qualifies

The institution itself and the employee’s activity must meet the legal requirements.

Assuming Every Journalist Qualifies

Proper accreditation is important.

Using EX-09 for Influencers or Content Creators

Ordinary online content creation does not itself fit the foreign-correspondent exception.

Assuming Any Religious Worker Qualifies

The organization, applicant’s status and religious activity must satisfy detailed requirements.

Using EX-09 for Ordinary Foreign-Company Employment

Being employed by a foreign company does not by itself create an exemption.

Confusing EU Posting With EU Residence

A non-EU national with permission to work in another EU country does not automatically have unrestricted Spanish work rights.

Ignoring the 90-Day Distinction

The temporary-residence EX-09 procedure is designed for qualifying activity lasting more than 90 days.

Assuming EX-09 Allows Any Later Job

The exemption is linked to the qualifying activity.

Using an Old Form

Use the current EX-09 governed by Royal Decree 1155/2024.

Missing Translation or Legalization

Foreign documents may need authentication and sworn translation.

Missing Electronic Notifications

Applicants using Mercurio should monitor government notifications carefully.

Confusing EX-09 With the TIE

EX-09 concerns residence status. The physical residence card is a separate procedure.

EX-09 Initial Application Checklist

Before submitting, confirm that:

• EX-09 is the correct immigration form;
• the professional activity is genuinely covered by a legal work-authorization exemption;
• the expected activity lasts more than 90 days where applying for temporary residence;
• the correct institution or organization is supporting the activity;
• the invitation, contract or assignment documentation is complete;
• passport documentation is valid;
• criminal-record documentation is ready;
• the medical certificate is prepared;
• category-specific evidence is complete;
• accreditation is available where required;
• foreign public documents are apostilled or legalized where necessary;
• sworn translations are prepared where required;
• the current EX-09 form is being used;
• the notification details are correct;
• the appropriate fee has been paid;
• the application is being submitted through the correct authority;
• copies of the complete file and submission receipt are retained.

EX-09 Extension Checklist

Before extending an existing authorization, confirm that:

• the current EX-09 residence is approaching expiration;
• the qualifying exempt activity continues;
• the institution or organization remains eligible;
• supporting documentation remains current;
• the complete passport is valid;
• the extension is filed within the permitted period;
• the current EX-09 is completed;
• Mercurio access is ready;
• the applicable fee is paid;
• electronic notifications are monitored;
• the submission receipt is saved.

Frequently Asked Questions About EX-09

What is EX-09 in Spain?

EX-09 is the Spanish immigration form used for temporary residence where the foreign national’s specific activity is legally exempt from the ordinary requirement to obtain work authorization.

Is EX-09 a Spanish work permit?

No. It applies precisely because the qualifying activity is exempt from the ordinary work-authorization requirement.

Who can qualify for EX-09?

Potential categories include certain researchers, scientists, university professors, accredited foreign media correspondents, qualifying religious personnel, foreign officials, international scientific-mission members, certain trade-union or employer-organization representatives and qualifying workers posted from another EU Member State.

Can a university professor qualify?

Potentially yes, when invited or contracted by a Spanish university for qualifying teaching, research or academic activity.

Can a researcher qualify?

Potentially, depending on the institution, project and legal basis.

Can a journalist qualify?

Certain properly accredited foreign correspondents and special envoys can qualify.

Can a religious minister qualify?

Yes, where the religious organization, the person’s status and the activities satisfy the current legal requirements.

Can a seminarian use the religious exemption?

The current rules expressly exclude seminarians and people who are still preparing for religious ministry from this particular exemption.

Can a digital nomad use EX-09?

EX-09 is not the ordinary international-teleworking route. A remote worker should assess Spain’s Digital Nomad framework separately.

Can a freelancer use EX-09?

Freelance status itself does not establish an EX-09 exemption.

Does having a work permit in another EU country let me work in Spain?

Not automatically. A specific exception can apply to qualifying non-EU workers posted to Spain as part of a transnational provision of services, but the legal posting conditions must be satisfied.

What if my exempt activity lasts less than 90 days?

The EX-09 temporary-residence procedure is intended for qualifying activities lasting more than 90 days. Shorter cases fall under the applicable short-stay framework.

Can I apply from Spain?

Potentially yes, when you are legally in Spain and satisfy the EX-09 requirements. Applications can be presented through the competent immigration office or electronically through Mercurio.

Can I apply from abroad?

Yes. The procedure can begin personally through the competent Spanish diplomatic mission or consular office.

How long does an application from Spain take?

The official maximum period is generally two months.

How long does the consular procedure take?

Current official guidance provides a 15-day decision period for the EX-09 consular procedure.

What is the initial administrative-silence rule?

Negative administrative silence applies to the initial procedure.

How long can the first EX-09 authorization last?

It follows the duration of the qualifying activity, with a maximum initial validity of one year.

Can EX-09 be extended?

Yes, where the circumstances supporting the original exemption continue.

When can I apply for the extension?

Normally during the two months before expiry or during the three months following expiry.

How is the extension submitted?

The current extension procedure is submitted electronically through Mercurio.

How long does an extension take?

The official maximum decision period is generally three months.

Is administrative silence positive for an extension?

Yes. The current extension procedure provides for positive administrative silence.

How long can the extension last?

The extension follows the qualifying activity or program and can last up to four years.

Do EX-09 residents need a TIE?

If the residence authorization is valid for more than six months, the foreign national generally needs to obtain a TIE.

Does EX-09 allow me to change to any employer?

No. EX-09 is linked to the qualifying exempt activity. A different professional activity may require another immigration authorization.

Is EX-09 the Right Form for You?

The best way to determine whether EX-09 applies is to start with the professional activity, not the form number.

EX-09 may deserve investigation if you are:

• a visiting professor at a Spanish university;
• a qualifying researcher or scientist;
• a member of an authorized international scientific mission;
• an accredited foreign correspondent;
• a qualifying religious minister or professed member of a religious order;
• a foreign public official working under a cooperation arrangement;
• a representative of a qualifying international trade union or employers’ organization;
• a non-EU worker legally employed in another EU Member State and temporarily posted to Spain under the applicable transnational-services rules.

EX-09 is probably not the first route to investigate if you are:

• accepting an ordinary Spanish job;
• becoming self-employed;
• starting a normal business;
• moving as a digital nomad;
• requesting only an NIE;
• applying only for a TIE.

The correct sequence is:

Professional activity → Legal exemption → EX-09 → Supporting evidence → Correct filing route → Decision → Visa where required → TIE where required → Extension if applicable

For standard employment, read our Spain Work Permit Visa guide.

You can compare all the immigration forms in our Spain Immigration Forms guide.

If you need assistance identifying the correct Spanish immigration procedure and preparing your relocation documentation, contact Newcomer.es.