On January 13, 2025, the Ministry of Inclusion, Social Security and Migration and the Directorate General of Police issued a joint instruction reestablishing the validity of expired Venezuelan passports for all immigration procedures in Spain.
This measure reverses the restrictive criterion adopted in November 2024, which had once again required a valid Venezuelan passport for most administrative procedures.
In practice, this modification generated enormous legal insecurity and left thousands of people in a situation of vulnerability, as they were unable to renew their documents due to persistent difficulties in Venezuelan consular services.
The text provides, in a clear and unqualified manner, that:
“As of the date of entry into force, expired passports of Venezuelan nationals will be granted validity for the processing and continuation of any of the authorizations and permits regulated in the regulations on foreigners, as well as for the issuance of the foreigner’s identity card (TIE).”
What exactly does the instruction state?
This means that expired Venezuelan passports are once again valid at the Foreigners’ Offices, both for initial applications and for renewals, extensions and card issuances.
A necessary and consistent measure
As a professional dedicated to immigration law, I consider this decision to be correct, humane and legally reasonable.
During the last few years we have accompanied many Venezuelans who, although legally residing in Spain, could not renew their passport for reasons beyond their control. This bureaucratic obstacle prevented them from carrying out basic formalities: renewing a residence permit, applying for an arraigo or even collecting a TIE already granted.
Restore the validity of these documents:
✅ It recognizes a complex consular reality, which cannot be ignored in administrative practice.
✅ It avoids the lack of protection for people residing in Spain, many of whom have families, jobs and roots.
✅ Reaffirms the principle of proportionality, which is fundamental in the application of the law on aliens.
Immediate application
The instruction takes effect as of January 13, 2025.
As of that date, the Foreigners’ Offices and police stations must accept expired Venezuelan passports in any procedure, without the need to justify the impossibility of renewal.
Conclusion
In my opinion, this instruction represents a step in the right direction: it recognizes the real difficulties of thousands of Venezuelan people and harmonizes administrative criteria with social and humanitarian realities.
Immigration policy must be firm, yes, but also reasonable and empathetic; in this case, the balance between legality and humanity has been achieved.
Information source: inclusion.gob.es
Diana Caballero
CEO – Social Founder
Martínez & Caballero Abogados