International protection is a set of measures designed to protect people who, for various reasons, cannot return to their country of origin. As a member of the European Union, Spain has adopted regulations aimed at guaranteeing these rights and providing a clear legal framework for people applying for asylum.

Since laws and international conventions were introduced, the asylum process in Spain has evolved considerably, reflecting greater responsibility in the treatment of refugees and applicants for protection.

What does international protection in Spain involve?

In Spain, international protection is intended to provide protection to people fleeing armed conflicts, persecution or human rights violations in their countries. It covers two main forms of protection: asylum and subsidiary protection.

Asylum is granted to people who face a real risk of persecution because of their race, religion, nationality, membership of a particular social group or political opinions. Subsidiary protection, on the other hand, is granted to people who do not meet the requirements for asylum but are at risk of serious harm, such as the death penalty or torture.

The process for obtaining international protection involves submitting a formal application to the competent authorities, which assess each applicant’s personal circumstances.

What is the basic legislation on international protection?

The legislation governing international protection in Spain is based on the Asylum Law 12/2009, which sets out applicants’ rights and the procedures to follow. The law has been amended several times, most recently in 2024, strengthening applicants’ rights and improving transparency in the process.

The main features of the legislation include:

• It provides a clear framework for processing asylum applications.
• It sets out applicants’ rights and duties during the process.
• It recognises the importance of coordination with international organisations such as UNHCR.

The legislation also includes commitments under international treaties, such as the Geneva Convention of 1951 and the New York Protocol of 1967, which guarantee applicants fundamental rights.

Which international instruments support international protection?

International protection is based on various international instruments that establish standards for the treatment of refugees and asylum seekers. These include:

1. Geneva Convention Relating to the Status of Refugees (1951).
2. New York Protocol (1967).
3. European Union directives on asylum and migration.

These instruments are essential to ensuring that countries meet their international obligations and provide a legal framework that protects applicants’ rights.

Coordination between states and organisations such as UNHCR and the Red Cross is essential to implementing these instruments effectively and ensuring that the rights of refugees and applicants are respected.

What is the procedure for applying for asylum in Spain?

Applying for asylum in Spain involves a process that begins with submitting an application at designated locations, such as border crossings or asylum offices. The steps applicants must follow are set out below:

• Submitting the application: You must provide personal information and explain why you are applying for asylum.
• Interview: An interview will be held to assess the reasons for your fear and gather further information.
• Decision: The authorities have a deadline for issuing a decision on the application, which may be positive or negative.

Applicants must be well informed about their rights at every stage of the process, as well as the possible avenues of appeal if their application is refused.

What rights do applicants for international protection have?

Applicants for international protection in Spain have a number of rights intended to ensure they are treated with dignity and humanity. These rights include:

• The right to apply for asylum.
• The right to receive information about the process and their rights.
• The right to legal assistance and representation.
• The right to suitable accommodation and healthcare.

Applicants also have the right not to be expelled to a country where they could face persecution or serious harm. This is vital to ensure that each person can await a decision in a safe environment.

How is international protection coordinated with UNHCR?

Coordination between international protection in Spain and UNHCR (the United Nations High Commissioner for Refugees) is crucial to providing a more effective asylum system. UNHCR offers technical support and advice on implementing policies that safeguard refugees’ rights.

UNHCR also works closely with the Government of Spain and local organisations such as the Red Cross, providing resources and training for officials responsible for processing asylum applications.

Working with UNHCR also makes it possible to better address applicants’ needs and ensure their right to a fair and transparent process is respected.

Who is eligible for subsidiary protection?

Subsidiary protection is intended for people who do not meet the requirements for asylum but face a real risk of harm if they return to their country. This includes:

• People fleeing armed conflicts.
• People at risk of torture or cruel treatment.
• People who may become victims of gender-based violence or systematic violence.

People granted subsidiary protection have rights similar to those of refugees, although there may be differences in certain aspects of their status and the protection they receive.

Related questions about international protection in Spain

What is the difference between asylum and international protection?

Asylum is a specific form of international protection granted to people facing persecution in their countries. International protection, by contrast, may include other forms of protection, such as subsidiary protection, which covers situations involving a serious risk that do not necessarily amount to persecution.

Both mechanisms aim to protect people’s safety and guarantee their right to live without fear of persecution. However, the criteria and procedures for each may differ, with asylum being more restrictive in terms of the grounds that justify an application.

How long does international protection last in Spain?

The duration of international protection depends on the status granted. Refugees are generally granted indefinite protection, while subsidiary protection is granted for a period of five years and may be renewed if the conditions that justified it continue to exist.

It is essential for beneficiaries to keep their situation up to date and stay alert to any changes that could affect their protection status.

Who is entitled to apply for international protection?

Anyone in Spain who fears returning to their country because of persecution, armed conflict or human rights violations is entitled to apply for international protection. This includes both foreign nationals and people who have been forcibly displaced.

The regulations state that the application must be submitted within a reasonable period after arriving in Spain, although exceptions allow people to apply for asylum even after a considerable amount of time has passed.

What is the international protection programme?

Spain’s international protection programme comprises the policies and procedures designed to grant asylum and subsidiary protection to those who need it. The programme includes assessing applications, coordinating with international organisations and ensuring that applicants’ rights are upheld throughout the process.

The programme aims to take a humane and accessible approach, addressing each applicant’s specific needs and ensuring that their rights are respected throughout the process.

Reform of the Common European Asylum System is a crucial issue today, particularly in the context of human rights and refugee protection. This article draws on CEAR’s report, which analyses the implications of the proposed reforms and how they affect asylum seekers in Europe.

What is the reform of the Common European Asylum System?

The reform of the Common European Asylum System aims to establish a more consistent and effective framework for managing asylum applications in the European Union. At its core, the reform seeks to ensure that all asylum seekers have access to a fair process and adequate protection.

CEAR’s report emphasises that the reform should focus on international protection for refugees in Europe, promoting an approach that prioritises human rights over migration control. This is essential to ensure that people fleeing violence and persecution are not subjected to unfair procedures.

A key part of this reform is the need to change current asylum procedures, which often result in unjust expulsions. The reform of the Common European Asylum System must address these issues to ensure a more humane and respectful process.

What are the main criticisms of the new European Pact on Migration and Asylum?

The new European Pact on Migration and Asylum has faced criticism from many quarters, particularly for its focus on containment. Many argue that this approach is not only ineffective but also undermines the fundamental rights of asylum seekers.

One of the strongest criticisms is that the pact prioritises border security over the protection of human rights. This has led to a decrease in the number of asylum applications processed fairly. In 2024, only 18,5% of applications in Spain were recognised, indicating a lack of access to protection.

CEAR’s report also points out that the pact makes it more difficult for people in need of asylum to enter, by imposing accelerated procedures that do not allow each case to be assessed thoroughly. This situation could result in essential protection being denied to those who genuinely need it.

The externalisation of migration controls to non-European countries has also been a point of controversy. These practices have led to abuse and human rights violations in third countries, raising serious ethical concerns about such policies.

What proposals does CEAR put forward to improve the international protection of refugees?

CEAR has put forward various proposals in its report to improve international protection for refugees in Europe. These proposals focus on ensuring a fairer and more accessible asylum system.

• Review of procedures: A comprehensive review of asylum procedures is proposed to ensure that every application is assessed fairly and equitably.
• Strengthening rights: CEAR emphasises the importance of strengthening applicants’ rights and ensuring that they have access to legal assistance and support throughout the process.
• Focus on vulnerable groups: The proposals include specific measures to protect vulnerable groups, such as women, children and LGBTQ+ people.
• Integration policies: CEAR also advocates policies that promote the integration of refugees into local communities, which could support their adjustment and well-being.

These proposals are essential to creating a system that not only meets international obligations but also reflects the values of solidarity and respect for human rights that should characterise Europe.

What challenges does CEAR identify in its 2025 report?

CEAR’s 2025 report identifies several critical challenges facing asylum seekers today. One of the main challenges is the lack of access to fair procedures, which can result in asylum being denied to people who genuinely need protection.

Furthermore, the externalisation of migration control has created zones of insecurity where applicants’ rights are systematically violated. This leaves people trying to access asylum in Europe even more vulnerable.

Another challenge identified is the shortage of resources in the asylum systems of many Member States, leading to significant backlogs in processing applications. This situation affects not only applicants but also creates tensions within the communities that host them.

Finally, the report highlights the need to change the public narrative about refugees. Negative perceptions in many countries can make it harder to implement fairer, more compassionate policies for people seeking asylum.

How do accelerated procedures affect asylum seekers?

Accelerated procedures have been introduced in several European countries to speed up the processing of asylum applications. However, these procedures can have serious consequences for applicants.

First, the rush to process applications often means that each case does not receive a full assessment. This can result in asylum being denied to people who meet the criteria for international protection.

In addition, accelerated procedures leave applicants less time to gather evidence and testimony to support their case. This is particularly problematic for people who have experienced complex or traumatic situations.

Finally, the stress and uncertainty caused by these procedures can negatively affect applicants’ mental and emotional health. It is therefore essential to review and improve these processes to ensure that everyone involved has their rights respected.

What does CEAR’s data reveal about the situation of refugees in Spain?

CEAR’s report provides a detailed overview of the current situation of refugees in Spain. One of the most alarming figures is that only 18,5% of asylum applications were granted in 2024, highlighting the crisis in the protection system.

CEAR also notes that many applicants face significant barriers to accessing information and resources, making it even harder for them to submit effective applications. These barriers include a lack of legal assistance and limited access to social support.

Another significant finding is that refugees’ accommodation is often inadequate, affecting their well-being and prospects for integration. A lack of resources and appropriate support can create a cycle of vulnerability that is difficult to break.

Finally, the report highlights the urgent need to implement policies that prioritise human rights and the protection of refugees in order to build a fairer, more supportive system.

Related questions about reform of the Common European Asylum System

Who is behind CEAR?

CEAR, or the Spanish Commission for Refugee Aid (Comisión Española de Ayuda al Refugiado), is a non-governmental organisation working in Spain to defend the rights of refugees and asylum seekers. Founded in 1979, its main aim is to provide legal, social and emotional support to people seeking international protection.

The organisation also conducts research and produces reports, such as the CEAR Report on Migration, which analyse the current situation of refugees in Spain and Europe. Its work is vital in raising awareness of the challenges these people face and advocating for fairer policies.

What is the CEAS reform?

The CEAS reform is a process aimed at updating and improving the legal and operational framework of Europe’s asylum system. The system is designed to ensure that all asylum seekers are treated fairly and that their rights are respected.

The reform is driven by the need for a more inclusive and humanitarian approach that addresses shortcomings in the current system, which often leads to asylum being unfairly denied and refugees living in inadequate conditions.

What is CEAR and what is its aim?

As mentioned above, CEAR is an organisation that works to defend the rights of refugees. Its aim is to ensure that everyone seeking asylum in Spain has access to a fair process and the resources they need to rebuild their lives.

The organisation is also involved in developing public policy and raising awareness of refugees’ situation, advocating for an approach that prioritises human rights and the dignity of all people.

What is the Common European Asylum System?

The Common European Asylum System is a set of laws and regulations that establishes how asylum applications must be handled in European Union member states. Its aim is to ensure that asylum seekers have access to a fair process and that their rights are respected.

This system includes criteria for assessing applications, as well as rules on refugee protection and cooperation between countries. However, it has faced criticism for uneven implementation and a lack of adequate resources in many countries.

Booking an appointment to apply for international protection is a crucial step for people seeking asylum in Spain. This process, which is mainly handled by the National Police or Immigration Offices, is essential to ensure protection for people who have been persecuted or affected by conflicts in their countries of origin. Below, we explain the most important aspects of this procedure.

How can I book an appointment to apply for international protection?

Booking an appointment to apply for international protection may seem complicated, but following a few steps can make it easier. First, go to the official website of the National Police or the Immigration Office in your province.

Once you are on the website, look for the specific option to book an appointment. You will generally need to complete an online form and provide your personal details. Make sure you enter your information correctly, as any errors could result in your appointment being cancelled.

It is advisable to book your appointment well in advance, as demand may be high and slots fill up quickly. Once your appointment is confirmed, you will receive a reference number, which you must bring with you on the day of your appointment.

What are the requirements for applying for international protection in Spain?

The requirements for applying for international protection in Spain are clear and must be met for an application to be considered. First, you must be in Spain or at its border, as you cannot apply from outside the country.

The main requirements include:

• Having been persecuted on grounds of race, religion, nationality, membership of a particular social group or political opinion.
• Not having applied for asylum in another country where you were granted protection.
• Submitting your application within a reasonable period after arriving in Spain.

Your application should also be supported by evidence showing why you fear returning to your country. This may include reports from human rights organizations, witness statements or official documents.

What documents do I need for my international protection appointment?

The documents required for your international protection appointment are essential for your application to be accepted. The list may vary, but generally includes:

• Valid passport or identity document.
• Evidence supporting your application for protection (reports, complaints, etc.).
• A duly completed asylum application form.

It is advisable to bring copies of all your documents, as the authorities may ask you for more information or additional documents during your appointment. Submitting complete and appropriate documentation is crucial to avoid your application being refused.

How long does the international protection application process take?

The time it takes to process an international protection application can vary considerably depending on several factors. In general, the process can take between 6 months and 1 year, although in some cases it may take longer.

It is important to note that, after submitting your application, you will receive a receipt allowing you to remain in Spain while your case is being decided. During this time, leaving the country is not recommended, as it could affect your application.

In addition, the current situation with procedures at Immigration Offices may affect how long the process takes, particularly in 2024, when there were significant changes to the management of appointments and applications.

What can I do if I cannot get an appointment to apply for asylum?

If you cannot get an appointment to apply for asylum, there are several steps you can take. First, try accessing the application platform at different times, as availability may change throughout the day.

If you are unable to get an appointment after several attempts, consider going directly to an Immigration Office or a National Police station. In some cases, they may offer alternatives or tell you about other ways to proceed.

It is also helpful to contact organisations working in immigration and asylum, such as UNHCR Spain or refugee support groups. These organisations may be able to offer assistance and advice on how to manage your situation.

Where are the offices for applying for asylum in Spain?

Offices where you can apply for asylum are located in various provinces across Spain. Some of the main ones are:

• Madrid: Asylum Office, located on Calle Pradillo.
• Barcelona: Immigration Office on Calle de Pau Claris.
• Valencia: Immigration Office on Avenida del Cid.

Each office has its own procedures, so you should check its opening hours and requirements. Also, make sure you bring all the necessary documents to your appointment.

What changes were made to asylum appointment procedures in 2024?

Since March 2024, several changes have been introduced to the procedures for an asylum appointment. One of the most significant changes has been the digitisation of the process, which aims to speed up appointment management.

You can now request an appointment through online platforms, making it easier for many people to access the service. However, demand has also increased, so it is essential to keep an eye on appointment availability.

The authorities have also emphasised the importance of data protection and confidentiality throughout the process, ensuring that applicants’ information remains safe and secure.

Related questions about the international protection process in Spain

Where can I submit an application for international protection?

Applications for international protection must be submitted at National Police offices or Immigration Offices in each province. It is important to go to the appropriate office for your area, where you will receive information and assistance with the procedure.

What is the best time to book an immigration appointment?

The best time to request an appointment at an Immigration Office is usually early in the morning, when the system is less busy. It is also a good idea to try requesting an appointment on quieter days, such as Tuesday or Wednesday, to increase your chances of finding an available slot.

What is the difference between asylum and international protection?

The main difference between asylum and international protection lies in the type of protection granted. Asylum is granted to people who have faced specific forms of persecution, while international protection may include broader categories, such as subsidiary protection, which is granted to people who do not meet all the requirements for asylum but still need protection.

How can I find out whether my international protection application has been approved in Spain?

To find out whether your application for international protection has been approved, you must wait for official notification from the Asylum Office. You will generally receive a letter or email informing you of the decision. It is important to keep your contact details up to date so you receive this information without any problems.

Applying for asylum in Spain can transform the lives of many people fleeing difficult circumstances in their countries of origin. The process not only provides legal protection, but also offers a range of essential benefits that help ensure applicants’ safety and stability.

In this article, we’ll explore the 5 benefits of applying for asylum in Spain, as well as applicants’ rights and obligations, the types of asylum available and other relevant information for people seeking protection in the country.

What benefits does asylum in Spain offer?

Applying for asylum in Spain offers important advantages that are crucial for personal stability and integration into society. One of the most notable benefits is that applicants are lawfully permitted to remain in the country from the day they submit their application. This means they can stay without the constant fear of being detained for lacking documentation.

In addition, asylum seekers are protected from expulsion while their application is being assessed, giving them some breathing space while their case is reviewed. This is essential for people who have experienced persecution or conflict in their countries of origin.

• Access to healthcare.
• Possibility of working legally after six months.
• Opportunity to appeal if the application is refused.

For Venezuelan applicants, there is an additional benefit: automatic residence authorization on humanitarian grounds if their asylum application is refused. This is a vital safeguard for people from a country in crisis.

What rights and obligations do asylum seekers have?

The rights of asylum seekers in Spain are clearly set out in Law 12/2009, which governs the right to asylum. One of the most important rights is access to legal assistance, which allows applicants to receive legal help throughout the process.

Applicants are also entitled to receive information about their situation and the status of their application. However, they also have obligations to fulfil, such as reporting any change of address and cooperating with the authorities throughout the process.

• Obligation to attend requested interviews.
• Provide truthful and up-to-date information.
• Cooperate with procedures required by organizations such as UNHCR or the Ministry of the Interior.

Fulfilling these obligations is essential to ensure a fair assessment of the application and avoid potential complications in the process.

What happens if my political asylum application is approved in Spain?

When an applicant is granted political asylum in Spain, they receive vital rights that enable them to rebuild their life in a safe environment. One of the most significant benefits is access to a residence permit, allowing them to live and work legally in the country.

In addition, people granted asylum are entitled to access social services, including education and healthcare. This is essential to support their integration into Spanish society and ensure their well-being.

Once their application is approved, applicants can also apply for family reunification, allowing their loved ones to join them in Spain and creating a supportive, stable environment.

What types of asylum are available in Spain?

There are different types of asylum that can be applied for in Spain, each with specific requirements. Political asylum is granted to people fleeing persecution for political reasons, while international protection may cover situations involving widespread violence or human rights violations.

Applicants may be eligible for territorial asylum or subsidiary protection, depending on their particular circumstances. Subsidiary protection is granted to people who do not meet the requirements for asylum but still face a real risk if they return to their country. This provides an additional level of security for a vulnerable group who cannot return home.

• Political asylum for political persecution.
• Subsidiary protection due to the risk of serious harm.
• Asylum on grounds of gender or sexual identity.

Where can I submit my asylum application in Spain?

Asylum applications in Spain must be submitted to the competent authorities. Applicants can go to the Asylum and Refugee Offices, located in various cities across the country, where they will receive guidance and assistance on how to proceed.

It is also possible to submit an application at National Police stations, where initial interviews will be conducted. Applicants should prepare for this process and have all the necessary documents to support their application to hand.

Various NGOs that help refugees also offer assistance to guide applicants through the procedure, ensuring they have accurate and up-to-date information.

What are the consequences of renouncing political asylum in Spain?

Renouncing political asylum in Spain can have several significant consequences. First, doing so means losing the protection status granted by asylum, which could leave the applicant in a vulnerable situation.

It is important to bear in mind that if applicants renounce asylum, they may face the possibility of being deported to their country of origin, especially if they have no other form of legal residence in Spain. This decision should be made carefully and with appropriate advice.

It is also important to note that renouncing asylum may limit future opportunities to apply for international protection again, so it is crucial to consider all available options before making a decision.

What is the difference between asylum and international protection?

Asylum and international protection are related concepts, but there are key differences. Asylum refers specifically to protection granted to people fleeing persecution on political, racial or gender-related grounds.

International protection, on the other hand, covers a broader range of situations, including people fleeing widespread violence or armed conflict. Subsidiary protection, which is part of international protection, is a mechanism that applies when the requirements for asylum are not met.

• Asylum is based on personal persecution.
• International protection relates to a general situation of violence.
• Both provide protection, but their requirements and conditions may differ.

Related questions about asylum in Spain

What benefits does asylum provide?

Asylum in Spain provides crucial benefits, such as legal status in the country, access to healthcare and the possibility of working legally after a certain period. Applicants can also appeal if their application is refused, giving them a second chance.

What happens when you apply for asylum in Spain?

When applying for asylum in Spain, applicants must submit their request to the competent authorities, which will provide them with a registration number that guarantees their status during the process. From that point on, they are protected from expulsion and their case begins to be assessed.

What benefits does the white asylum document provide in Spain?

The white asylum document is a temporary document that allows applicants to live and move around legally in Spain while their application is being processed. It guarantees that they are under protection and have access to certain basic services.

How much money do asylum seekers receive in Spain?

Asylum seekers in Spain may have access to financial assistance and basic resources while their application is being assessed. However, the exact amount may vary depending on each applicant’s personal circumstances and the decisions of the competent authorities.

Residence on humanitarian grounds is a legal status that allows people in vulnerable situations to settle in Spain. This type of authorization has become increasingly relevant because of the social and political conflicts affecting various countries, providing protection to those who need it most.

Since it was introduced, it has benefited many people, mainly from Venezuela. This article explores the key aspects of residence on humanitarian grounds and how it may develop in Spain in the future.

What is residence on humanitarian grounds?

Residence on humanitarian grounds is granted to people in exceptional circumstances that affect their well-being. It applies to people who cannot return to their country of origin because of conflict, persecution or human rights violations.

Since it was introduced, it has been a vital option for people seeking safe refuge in Spain. This authorization allows them to access basic services and work legally, helping them integrate into Spanish society.

One of the main features of this residence authorization is that it can be renewed, allowing beneficiaries to regularize their immigration status as long as they meet certain legal requirements.

Benefits of residence on humanitarian grounds

There are many significant benefits to having residence on humanitarian grounds. These include:

• Access to basic services such as education, healthcare and employment.
• The possibility of applying for family reunification, allowing beneficiaries to bring their closest family members to Spain.
• The right to apply for Spanish citizenship once the requirements have been met.
• Legal protection from deportation, helping ensure the person’s safety.

These benefits not only improve beneficiaries’ quality of life but also help them integrate into Spanish communities. Employment opportunities are particularly important, as they allow applicants to become financially self-sufficient.

When can I apply to change my residence authorization?

One important feature of residence on humanitarian grounds is that it can be changed in certain circumstances. Applicants can request a change if:

• They have obtained an employment contract that allows them to stay in the country legally.
• They have met the Social Security contribution requirements.
• Your personal circumstances have changed, such as the birth of a child or marriage to a Spanish citizen.

The process of changing your residence authorization is intended to ensure that beneficiaries are in stable situations and can continue their lives without fear of deportation. It is therefore essential to stay informed about any regulations and changes that may arise.

Requirements for changing residence on humanitarian grounds

To apply to change your residence authorization on humanitarian grounds, you must meet certain requirements. These include:

• Submit a valid employment contract.
• Provide proof of Social Security contributions for a minimum period.
• Show that you have suitable accommodation and sufficient means of subsistence.

It is also important to ensure that any documents you submit are up to date and accurate, as the assessment of your application will depend on this.

What to bear in mind when applying

When applying for residence on humanitarian grounds, there are several factors to consider. First, the process can be complex and time-consuming, so it is advisable to be patient and prepared for possible setbacks.

It is also essential to seek specialist legal advice, which can make the process easier and help ensure that you meet all the necessary requirements. Immigrant associations can be valuable sources of information.

Finally, it is crucial to stay informed about changes in legislation, such as the 2025 reform of the Immigration Act, as these may directly affect the chances of a successful application.

Legal framework and grounds for the new reform 2025

The 2025 reform of the Immigration Act aims to improve the protection of immigrants’ rights in Spain, particularly regarding residence on humanitarian grounds. The reform seeks to simplify administrative procedures and make them more accessible.

One of the most significant changes is the alignment of Spanish legislation with European regulations, thereby ensuring greater consistency in the protection of migrants’ rights.

Greater attention has also been given to protecting victims of hate crimes, which is particularly relevant to people seeking asylum or residence on humanitarian grounds in Spain.

Are there options when residence on humanitarian grounds ends?

The end of residence on humanitarian grounds does not necessarily mean that beneficiaries have to leave the country. There are options that allow applicants to regularize their immigration status and continue their lives in Spain.

• Changing your residence authorization by obtaining an employment contract.
• The option to apply for Spanish citizenship if you meet the necessary requirements.
• Family reunification, which allows beneficiaries to bring their loved ones to Spain.

It is essential to stay informed about these procedures and act in advance, as each option has its own requirements and deadlines.

Related questions about residence on humanitarian grounds

How long does residence on humanitarian grounds last?

The duration of residence on humanitarian grounds is generally one year, although it can be renewed as long as the established requirements are met. The renewal process must be started before the current permit expires.

It is important for beneficiaries to plan ahead to avoid any irregularity in their immigration status. The duration may also vary depending on the legislation in force and any changes that may be introduced in the future.

What are urgent humanitarian grounds?

Urgent humanitarian grounds are situations that require an immediate response from governments or the relevant authorities. These may include armed conflicts, political persecution, natural disasters, or situations of extreme violence that put people’s lives at risk.

Recognizing these grounds is crucial to enabling affected people to obtain appropriate protection and seek refuge in another country, such as Spain.

What are the urgent humanitarian grounds?

Urgent humanitarian grounds include:

• Armed conflicts or civil wars in the country of origin.
• Persecution on political, ethnic or religious grounds.
• Natural disasters that have caused mass population displacement.

These situations require immediate attention and an effective response from the authorities to ensure the safety of those affected.

Is residence on humanitarian grounds renewed automatically?

No, residence on humanitarian grounds is not renewed automatically. Beneficiaries must submit a renewal application and meet the requirements set out by law, such as demonstrating that they have sufficient means of subsistence and a valid employment contract.

Failure to apply for renewal may lead to the loss of legal status, so it is essential to keep track of the established deadlines and requirements.

In the current context, many asylum seekers have questions about their employment rights and options after an asylum application is denied. This article aims to clarify the options available to people in this situation in Spain.

Although the answer to the question of whether you can work after your asylum application is denied may seem complicated, regulations and procedures exist to help those affected better understand their legal and employment situation. Below, we explore different aspects of this issue.

Can you work if your asylum application is denied?

The answer to this question depends on several factors. In general, an asylum seeker whose application has been denied may continue working, particularly if they have filed an administrative appeal against the refusal. This appeal allows them to retain the right to work until their case is decided.

It is essential for asylum seekers to be aware of their employment rights during this period. The Ministry of Inclusion has indicated that these workers will not be automatically removed from the Social Security system, ensuring their access to certain benefits.

The right to work is also supported by Directive 2013/33/EU, which establishes that asylum seekers have the right to work while their appeal is being considered. However, there are factors to bear in mind.

Can I work while an administrative appeal for reconsideration is pending?

When an administrative appeal for reconsideration is filed, the applicant’s employment situation may be maintained. This appeal requests a review of the refusal decision. The applicant has the right to work while it is being considered.

It is crucial that those affected submit all the required documents and follow the established procedures, as any mistake could result in the loss of employment rights. Applicants should also ensure that their legal status remains in order to avoid future complications.

What happens if my asylum application is denied and I have an employment contract?

If an asylum seeker already has an employment contract when their asylum application is denied, they do not automatically lose their job. Whether they can continue working will depend on the regulations governing contracts in Spain and the worker’s legal status.

The key point is that, by filing an appeal, the worker can continue working legally. However, it is advisable to consult a lawyer who specialises in employment rights to make sure that all the terms of the contract remain in force.

What are the effects of an asylum denial?

An asylum refusal can have many effects on an applicant’s life. One of the main ones is uncertainty about their future in the country. However, as mentioned, filing an appeal may allow them to retain certain employment rights.

Applicants also have access to legal and healthcare assistance during this process. These safeguards help those affected manage the transition in a more controlled and less stressful way.

• The right to work while the appeal is being processed.
• Access to healthcare.
• Retention of employment rights.

In what cases can you remain in Spain after your asylum application is denied?

There are various situations in which an applicant may remain in Spain, even after their asylum application has been denied. For example, they may be able to apply for arraigo laboral (the former employment-related residence pathway) or may have family ties in the country.

It is important to note that, to apply for arraigo laboral, applicants must be in an irregular immigration situation, which may complicate matters. However, it is a valid option for those who cannot regularize their stay through the asylum process.

Can you apply for arraigo laboral after your asylum application is denied?

Arraigo laboral is a pathway that allows people without regular immigration status to regularize their status in Spain. However, asylum applicants whose applications have been denied must meet certain requirements.

One of the main conditions is that they must have remained in the country for a specified period and prove that they have an employment relationship. It is advisable to consult a lawyer who can guide you through the process and ensure that all legal requirements are met.

Can you work with the white asylum document?

The white asylum document guarantees applicants certain rights. While they hold this document, they can access the labour market. However, it is vital to keep their situation up to date and be aware of the deadlines.

If the white document is valid and the applicants have appealed the decision, they can continue working without any problems. However, they should keep an eye on any changes to their legal status to avoid complications.

Related questions about working after an asylum application is denied

What happens if I am working and my asylum application is denied?

If you are working and receive an asylum refusal, you will not automatically lose your job. You can continue working while you file an administrative appeal. It is essential to keep all your documents in order and make sure your employer is aware of your situation.

You may need legal advice to ensure that your contract and employment rights remain intact. Do not hesitate to seek help if the situation becomes complicated.

What happens if my asylum application is denied?

If you receive an asylum refusal, it is crucial to act quickly. You can file an administrative appeal to request a review of the decision. While the appeal is being processed, you will be entitled to work and access healthcare.

This process will also allow you to maintain your legal status in the country while you wait for a decision. It is advisable to seek legal advice during this process to ensure that all requirements are met.

What happens if my political asylum application is denied?

If your political asylum application is denied, you can file an appeal. During this time, you can continue working, which is essential for your financial stability. You should be aware of your rights and legal options so that you do not lose your status in the country.

It is important to note that the situation may vary depending on the individual case, and it is always advisable to seek professional help to handle the appeal properly.

What happens if I work with the white asylum document?

Working with the white asylum document is legal, provided the necessary conditions are met. This document protects you while you carry out your work, and it is vital to keep your situation up to date with the relevant authorities.

Remember that, even if you are allowed to work, it is essential to stay informed about any changes to your legal situation and consult a lawyer if you need clarification or help regarding your employment status.

The situation of Venezuelans in Spain has led to the introduction of residence on humanitarian grounds, which has become essential for those who have fled the crisis in their country. This article looks in detail at the process of renewing humanitarian residence (Venezuelans), as well as the requirements and steps needed to secure this protection.

Since it was introduced, the process has changed and become more complex. It is therefore crucial to be well informed about the required documents and current criteria to successfully renew humanitarian residence (Venezuelans) in 2024.

What is residence on humanitarian grounds in Spain?

Residence on humanitarian grounds in Spain was introduced in response to the socioeconomic and political crisis affecting Venezuela. This legal status allows Venezuelan citizens who have applied for asylum to obtain a residence and work permit in Spain.

People granted this residence can live and work legally in Spain. However, they must meet certain criteria to maintain their status. The permit is initially granted for one year and can then be renewed.

It is important to note that renewing humanitarian residence (Venezuelans) is not automatic. Applicants must be prepared to demonstrate their current circumstances and explain why they still need protection.

What are the requirements for renewing residence on humanitarian grounds?

To renew humanitarian residence (Venezuelans), applicants must meet several essential requirements:

• Submit the application within the time limits set by law.
• Show that the risk or vulnerability that justified the original permit is ongoing.
• Have no criminal record in Spain or in their country of origin.
• Provide evidence of sufficient financial means to support themselves.
• Have health insurance.

Each requirement must be supported by appropriate documentation. Failing to meet any of them may result in the renewal being refused, so it is essential to prepare thoroughly.

How do you apply to renew residence on humanitarian grounds in 2024?

You can apply to renew humanitarian residence (Venezuelans) through various bodies, such as the Immigration Office or a National Police station.

The first step is to complete the relevant application form and gather all the required documents. These include, among other things, your DNI or NIE, proof of income and a health report.

Once the application has been submitted, applicants must wait for a decision from the competent authorities, which may take several months. During this time, it is advisable to stay in contact with the relevant bodies to resolve any potential issues.

How many times can residence on humanitarian grounds be renewed?

Residence on humanitarian grounds can be renewed an indefinite number of times, provided the conditions justifying the protection continue to apply. Each renewal will be assessed according to the criteria established by the Ministry of Inclusion, Social Security and Migration.

Applicants must stay informed about any changes to the regulations or requirements, as these may affect their ability to renew. They are also advised to keep a record of all relevant applications and communications.

What should you do once your residence permit renewal is approved?

Once the renewal of residence on humanitarian grounds has been approved, the beneficiary must ensure they comply with all the rules and obligations attached to this status.

It is important to update any personal or contact information with the relevant authorities. Beneficiaries should also keep track of their permit’s expiry date to avoid becoming irregularly resident.

Good legal advice can also be very helpful in understanding the rights granted by this type of residence and resolving any questions that may arise.

What are common reasons for refusing a renewal?

A renewal on humanitarian grounds may be refused for various reasons, including:

• Failure to update the required documents.
• Criminal records arising during the permit’s period of validity.
• Inability to demonstrate sufficient financial means.
• Failure to meet the required health conditions.

Applicants should carefully review all the requirements and ensure they submit a complete, well-supported application to minimise the risk of refusal.

How to renew a residence permit on humanitarian grounds in 2024?

To obtain a renewal of a residence permit on humanitarian grounds, it is essential to follow a well-organised, methodical process. Each step should be carefully planned:

1. Gather all the required documents and make sure they are up to date and in order.
2. Complete and submit the application form to the competent authority.
3. Wait for a response and be prepared to provide additional information if requested.

Seeking support from organisations such as Asociación Progestión may be beneficial for guidance and assistance throughout the process. Having legal or administrative support can make the renewal process significantly easier.

Related questions about renewing residence on humanitarian grounds in 2024

Is residence on humanitarian grounds renewed automatically?

No, the renewal on humanitarian grounds (Venezuelans) is not automatic. Applicants must submit a new application and meet all the established requirements to renew their permit.

This means they must demonstrate that they continue to meet the conditions that justified their previous residence. Failure to meet them may result in refusal.

How long does residence on humanitarian grounds last?

Residence on humanitarian grounds is initially granted for one year. Beneficiaries can then apply for renewal, which will depend on an assessment of their current circumstances.

If approved, the permit can be extended for equivalent periods, provided the necessary conditions continue to be met.

What are the requirements for the second renewal of the NIE?

The requirements for the second renewal of the NIE are similar to those for the first renewal. Applicants must demonstrate their current situation, show that they have no criminal record, and provide evidence of their financial means and health status.

It is also important to submit up-to-date documents in support of the application and to do so within the established deadlines.

What should I do if my residence on humanitarian grounds is approved?

If residence on humanitarian grounds is approved, the beneficiary should be aware of their rights and obligations. It is essential to keep all documents in order and comply with the guidelines established by the authorities.

It is also advisable to seek legal advice or support from an organisation to ensure you understand all the implications of this status and the steps to take for future renewals.

During 2024, the political asylum landscape in Spain underwent significant and complex changes. Applications increased notably, raising various questions about the new procedures and requirements applicants need to know about. This article takes an in-depth look at the political asylum updates in 2024 and the challenges faced by those seeking international protection.

What are the political asylum updates in 2024?

The political asylum updates in 2024 in Spain focus on a 37% increase in applications, with more than 163,000 applications received. However, the asylum acceptance rate has fallen to 12%, an alarming figure compared with the European average of 40%. These figures reflect growing uncertainty for applicants.

This increase in applications is mainly due to crises in countries such as Venezuela, Colombia and Peru. Conditions in these countries have led a considerable number of people to seek refuge in Spain, where they hope to find safety and opportunities.

It is important to note that, since March 2024, there have been changes to the process for booking asylum appointments, causing confusion for some applicants. Each province has specific procedures and designated time slots that vary by location.

What changes were made to asylum applications in 2024?

In 2024, significant changes were made to the asylum application process in Spain. One of the most notable changes was the introduction of a new appointment system intended to speed up processing. This system is crucial, given that more than 191,000 applications are still awaiting a decision.

• New appointment system: specific time slots for asylum interviews in different provinces.
• Legal assistance: Applicants are entitled to free legal advice, an important step towards a fairer process.
• Confidentiality: Applicants’ information is guaranteed to be treated confidentially, which is essential for their safety.

Despite these improvements, criticism of asylum policy in Europe continues. Organisations such as UNHCR have pointed out that a lack of resources and long waiting times are significant barriers for people seeking protection.

What are the requirements for a first asylum appointment in Spain?

Anyone wishing to apply for asylum in Spain needs to know the requirements for the first appointment. These include submitting documents to justify the grounds for the application and meeting certain criteria established by current legislation.

The required documents include:

• Valid identification (passport or identity document).
• Evidence supporting the asylum application (medical reports, witness statements, etc.).
• A duly completed application form.

In addition, applicants should be prepared for an interview during which their case will be assessed. Legal advice can be a great help in submitting an effective application.

What opportunities will the new asylum law offer in 2024?

The new asylum law expected in 2024 aims to improve applicants’ rights and streamline the application process. One of its main goals is to reduce waiting times and increase the asylum recognition rate.

The anticipated opportunities include:

• Making information and legal advice more accessible to all applicants.
• Increasing the resources available to support asylum seekers.
• Establishing clearer, more specific protocols to speed up the assessment of applications.

Despite these developments, it will be essential to see how these measures are implemented and whether they genuinely help improve the situation of asylum seekers in Spain.

How do asylum applications affect the Canary Islands?

The Canary Islands have become a key location for asylum applications in Spain, particularly due to the increase in arrivals of migrants from Africa. This situation presents additional challenges, as resources are limited and existing infrastructure is overstretched.

Since 2024, many applicants have reached the Canary Islands via dangerous routes, drawing increased international attention to the migration crisis in the region. The logistical challenges are significant, including a lack of suitable accommodation for migrants and delays in processing their applications.

Pressure on local authorities has led to increasing criticism of asylum management on the islands, where urgent and effective solutions are needed.

What do asylum seekers in Spain need to know?

Asylum seekers should be well informed about the process and their rights. It is essential that they understand what to expect during the application process and what resources are available to them.

Some important points to consider include:

• Right to assistance: Applicants are entitled to legal support and social assistance during the process.
• Deadlines: It is essential to know the deadlines for submitting documents and attending interviews.
• Up-to-date information: Staying informed about any changes to legislation or procedures is vital to maximising the chances of success.

Applicants are also advised to connect with non-governmental organisations that support refugees, as they can provide valuable information and additional resources.

What challenges do people face when seeking political asylum?

The challenges of political asylum in Europe are numerous and complex. In 2024, applicants face significant obstacles that can make the asylum process more difficult. These include:

• Long waits for decisions on applications, which can take months or even years.
• A lack of resources and staff in asylum offices, which makes the situation worse.
• Restrictive policies that can limit access to fundamental rights.

Crises in various parts of the world have led to an increase in the number of applicants, intensifying pressure on asylum systems. Measures must be taken to address these structural challenges and ensure that people seeking refuge can do so without facing additional obstacles.

Related questions about the latest political asylum developments in 2024

When does the new immigration law come into force in 2024?

The new immigration law is expected to come into force in early 2024, although specific details are still under discussion. The law is expected to include provisions that directly affect the asylum process, thereby improving applicants’ situation.

What is happening with asylum appointments in Spain in 2024?

The asylum appointment system in Spain is expected to continue evolving in 2024, with the aim of making it more efficient and accessible. The changes are intended to reduce waiting times and make it easier for applicants to obtain appointments.

When does the new Migration and Asylum Pact come into force?

The European Union’s new Migration and Asylum Pact has been discussed for the past few years and is expected to be implemented in several phases starting in 2024. The pact aims to establish a more supportive and systematic approach to managing asylum applications in Europe.

How many years does political asylum last in Spain?

Political asylum in Spain is initially granted for a period of five years. At the end of this period, beneficiaries can apply to renew their asylum status. If the situation in their country of origin has not improved, they can continue in the international protection process.

For more information, watch this video, which provides an overview of the asylum situation in Spain:

The situation of asylum seekers in Spain is complex and governed by various regulations and rights that they need to understand. One of the most common questions asked by people whose applications have been denied is: can you work if your asylum application is denied? The following sections explore the employment options in this situation and provide clear answers to this question.

The legislation and employment rights applicable to asylum seekers are essential to understanding the situation of people whose applications have been denied. The answer to the initial question is not straightforward, as it depends on several factors, including the status of any administrative appeal filed after the denial.

Is it possible to work if your asylum application is denied?

In general, you can work if your asylum application is denied provided certain conditions are met. If someone whose asylum application has been denied files an administrative appeal, they may be entitled to keep working under certain conditions. This means that although the application has been rejected, employment rights may remain in force while the appeal is being processed.

The Ministry of Inclusion, Social Security and Migration has established that asylum seekers may remain registered with the Social Security system while their appeal is being processed. This is essential to ensure that people do not lose access to employment and healthcare during this critical period.

It is important to bear in mind that the deadline for filing an administrative appeal is one month from notification of the denial. While awaiting a decision on the appeal, the person may continue working, provided they submitted the required documents on time.

What are the effects of an asylum denial?

An asylum denial can have several significant effects. First, it may affect the person’s legal status in the country, often creating uncertainty. However, filing an appeal may temporarily suspend the effects of the denial.

• Loss of legal status: The denial may result in the loss of rights held as an asylum seeker.
• Right to appeal: It is essential to know that the person has the right to appeal the decision, which may allow them to continue working.
• Access to healthcare: Access to healthcare may be maintained while the appeal is being processed.

It is also crucial to consult lawyers specialising in immigration law to better understand the available options and the implications of the denial. With the right advice, you can assess the best strategies to pursue.

In what cases can you remain in Spain after your asylum application is denied?

There are various circumstances in which a person may remain in Spain after their asylum application is denied. First, if an administrative appeal is filed, the denial will not take effect immediately, and it may be possible to continue residing in the country.

There are also other routes that may allow you to remain in Spain, such as applying for a work permit or temporary residence through arraigo laboral (the former employment-related residence pathway), provided certain employment and residence requirements are met. This option is particularly relevant for people who have established employment ties in the country.

Can you apply for temporary residence through arraigo laboral?

Yes, you can apply for temporary residence authorization through arraigo laboral (the former employment-related residence pathway), even after your asylum application has been refused. This option is designed to regularize the immigration status of people who have worked in Spain for at least six months. This type of authorization allows you to obtain a work permit and regularize your immigration status at the same time.

To apply for this authorization, you must show that you have been working continuously and meet the legal requirements established by the Ministry of Inclusion.

This option is important because it provides a pathway for people who, despite having had their asylum applications refused, wish to continue contributing to and establishing themselves in Spanish society.

Can you work while pursuing judicial review before the administrative courts?

The answer is yes; you can work while pursuing judicial review before the administrative courts after your asylum application has been refused. This appeal is filed with the High Court of Justice and allows the applicant to challenge the Administration’s decision.

During the appeal process, you may retain your employment rights, which is essential to supporting yourself and your family. Make sure that all appeal documents are filed correctly and within the required time limit to avoid losing this right.

In addition, consulting an immigration lawyer can help clarify how to proceed with the legal process and your employment situation.

What happens if I have an employment contract and my asylum application is refused?

If you have an employment contract and receive notice that your asylum application has been refused, it is essential to act quickly. While an administrative appeal is pending, you may continue working under the same contract you had before the refusal.

However, if you do not file an appeal, your contract and employment may be affected. In these cases, workers are advised to consult legal professionals for advice on their employment situation and the possible consequences of the refusal.

How long do I have to appeal after my asylum application is refused?

You have one month to appeal after your asylum application has been refused. This period starts on the date you are officially notified of the decision. It is vital to meet this deadline to preserve your right to appeal and ensure that you can continue working and living in Spain.

During this month, it is advisable to gather all the necessary documents and, if possible, seek support from a specialist lawyer to maximize the chances of success. Filing the appeal correctly can affect the final decision and the applicant’s job security.

Related questions about employment after an asylum application is refused

What happens if my asylum application is rejected?

If an asylum application is rejected, the person can file an administrative appeal. This allows them to challenge the decision and, while the appeal is pending, they can keep their job and access healthcare services.

Filing an appeal within the deadline may suspend the effects of the refusal, allowing the person to remain under legal protection during the process. However, it is essential to be well informed and obtain legal advice.

What should I do if my asylum application is refused?

The first step is to file an administrative appeal. This must be done within one month of receiving notice of the refusal. It is advisable to seek legal advice to ensure the appeal is well founded and includes the necessary arguments.

You can also request that the effects of the refusal be suspended to maintain your employment rights and access to basic services.

What happens if my work permit application is refused?

If your work permit application is refused, it is essential to understand the reason for the decision. Depending on the circumstances, you can appeal the decision. In the meantime, if you have an administrative appeal pending against the refusal of your asylum application, you may continue working under this legal framework.

The key is to act quickly and seek help from a lawyer who can guide you through the next steps.

What does it mean to refuse the right to asylum?

Refusing the right to asylum means that the Administration has decided that the person does not meet the requirements for international protection. This may be for various reasons, such as insufficient evidence of the persecution they experienced.

However, it is important to remember that a refusal does not necessarily mean the end of the road. Legal remedies are available to challenge the decision and continue seeking the right to remain in the country.

Travelling with political asylum is a major concern for many applicants. The answer to the question Can you travel outside Spain with political asylum? is complex and depends on several factors, including the status of your application and the regulations in force in Spain.

In this article, we will explore the restrictions, rights and procedures related to political asylum in Spain, as well as the implications of travelling abroad.

Which countries can I travel to with political asylum in Spain?

People granted political asylum in Spain face restrictions on where they can travel. In general, travel to other countries may be possible, but you should bear the following in mind:

• It is essential that the country you wish to visit recognises your asylum status.
• Returning to Spain is crucial for people granted asylum, as they may risk losing their status if they do not return.
• It is advisable to consult a lawyer or an organisation such as UNHCR before making travel plans.

EU member states are often more accessible, as they generally recognise political asylum. However, not all countries have bilateral agreements that facilitate the entry of asylum applicants. It is therefore essential to find out about local laws.

In addition, it is important to remember that travelling to your country of origin can have serious consequences, which we will explore later.

What are the restrictions on travelling with political asylum?

Travelling while holding political asylum status is subject to several restrictions. First, while an application is being processed, international travel is severely limited. The main restrictions include:

• The red card issued to asylum applicants does not allow them to leave Spanish territory.
• Travelling to a country where you fear persecution is risky and may result in your asylum application being cancelled.
• Returning to your country of origin is prohibited if you have applied for international protection.

Applicants should also be aware that the authorities may refuse permission to leave the country if there is insufficient justification. Therefore, it is essential to be well informed before making travel plans.

Can I return to Spain if I travel with political asylum?

One of the main concerns for people granted political asylum is whether they will be able to return to Spain after travelling. The answer is generally yes, but there are some important qualifications:

• If you have left Spain without the necessary authorization, your asylum status could be jeopardized.
• When you return, it is crucial to provide all documents that explain your departure and return.
• You must not remain outside the country beyond certain limits, as this could be considered abandonment of your asylum status.

The Spanish authorities take this matter very seriously, so it is advisable to stay in regular contact with protection agencies such as the National Police or UNHCR before taking any action.

What are the consequences of travelling to my country of origin while having asylum?

Travelling to your country of origin while you have political asylum in Spain can have serious consequences. The main ones include:

• The possibility of losing your asylum status if the trip is considered a voluntary return.
• The risk of persecution or dangerous situations when returning to your country of origin.
• The cancellation of any protection you may have received if you return to the country where you applied for asylum.

It is essential to remember that international protection is based on the principle of non-refoulement. This means that once you have applied for asylum, returning to your country of origin may be interpreted as a sign that you no longer fear persecution, putting your status at risk.

Do I need special permission to travel outside Spain?

Generally, yes. If you have asylum, you need special permission to travel outside Spain. The type of permission depends on your status:

• Asylum seekers whose applications are being processed cannot leave the country without formal authorization.
• Once asylum is granted, certain travel documents similar to a passport are issued, but they do not guarantee entry to every country.

It is essential to check the legislation in force, such as Law 12/2009, which governs asylum in Spain, and to stay informed about the immigration rules of other countries.

Can I travel with the red card while my asylum application is being processed?

The red card issued to people whose asylum applications are being processed does not allow them to leave the country. The main restrictions are:

• Travelling with this card is considered illegal and could lead to legal problems.
• People with this status must attend appointments and comply with requirements set by the Spanish authorities.

Therefore, it is strongly recommended that you do not try to leave Spain while you have the red card, as this could result in the loss of rights and the possibility of receiving international protection.

Frequently asked questions about travelling with political asylum in Spain

How can you enter the United States with political asylum?

Entering the United States with political asylum requires meeting certain requirements, such as providing the appropriate documents to prove your status. It is vital to bear in mind that each country has its own rules and regulations for admitting asylum seekers.

You will generally need a visa and must follow the established procedures for your application to be considered. We also recommend consulting an immigration lawyer.

What are the disadvantages of political asylum in Spain?

Political asylum in Spain can have several disadvantages. The most significant include:

• Restrictions on international travel.
• Difficulty accessing certain rights, depending on your status and the regulations in force.
• Uncertainty about the future and the possibility of losing your asylum status if you take certain actions.

It is essential to be aware of these issues before applying for asylum and to consider the long-term implications.

What happens if I apply for asylum and return to my country?

If someone applies for asylum in Spain and decides to return to their country, their application may be cancelled. This return is seen as a rejection of the protection they requested and may be considered voluntary return.

This could negatively affect future asylum applications and their international protection status. It is therefore essential to assess the situation before making any decisions.

What happens if I leave Spain with a red card?

Leaving Spain with a red card is considered illegal and may result in the loss of rights and international protection. This can have serious consequences, not only legally but also for your asylum status.

It is strongly recommended that you do not try to leave the country if you hold this card and that you always follow the procedures established by the competent authorities.

The right to asylum and subsidiary protection in Spain are vital topics for people seeking refuge in the country. The applicable legislation, particularly Law 12/2009, establishes a clear framework to ensure applicants’ safety and rights. Below, we explore the various aspects of these procedures in detail.

This article covers key topics, including the differences between asylum and subsidiary protection, applicants’ rights, and how to apply for these forms of protection in Spain.

What are asylum and subsidiary protection?

Asylum is defined as a person’s right not to be expelled from a country where they have sought refuge because of well-founded fears of persecution in their country of origin. By contrast, subsidiary protection is granted to people who do not meet the requirements for asylum but need international protection because they are at risk of serious harm.

Both forms of protection are designed to provide a humanitarian response to crisis situations, ensuring that people fleeing conflict or persecution have a safe place to turn to. It is important to note that both asylum and subsidiary protection are governed by Law 12/2009 in Spain, which reflects international standards.

Recognition of these statuses is essential because it gives applicants rights and guarantees while their circumstances are being assessed. This includes the right not to be returned to their country of origin while their application is being decided, known as the principle of non-refoulement.

Difference between asylum and subsidiary protection

The main difference between asylum and subsidiary protection lies in the eligibility criteria. Asylum is based on specific persecution, whereas subsidiary protection is granted when there is a risk of serious harm, such as torture, the death penalty or threats to life.

• Asylum: Protection for people who have been persecuted for political, religious, national or other reasons.
• Subsidiary protection: Protection for people who are not considered refugees but face significant risks in their country of origin.

Another important difference is that asylum status is granted for a longer period and provides broader rights than subsidiary protection. However, both forms of protection allow access to essential services such as education and healthcare.

How do you apply for subsidiary protection in Spain?

Applying for subsidiary protection in Spain involves a formal process that must be followed carefully. Applicants must submit their application to the National Police or at offices of the Ministry of the Interior within one month of entering the country.

The process involves submitting documents to support the application and attending an interview to examine the reasons for seeking protection. Applicants must clearly explain their circumstances and the risks they face in their country of origin.

Once the application has been submitted, the process may take several months. During this time, it is essential to stay in contact with the authorities and provide any additional information requested. Law 12/2009 sets specific deadlines for deciding applications, and applicants must be informed of the outcome of their case.

Who is eligible for subsidiary protection?

Subsidiary protection is intended for a range of people who cannot return to their country of origin. This includes those facing risks due to armed conflict, political persecution or human rights violations. It may also include people who have experienced gender-based violence or violence in situations of internal conflict.

• Refugees: People who have been persecuted for political, religious or other reasons.
• People at risk: Those facing serious harm who do not meet the requirements for asylum.

It is important to note that decisions on who may receive subsidiary protection are made on a case-by-case basis, taking into account each applicant’s individual circumstances. The involvement of organisations such as UNHCR can also be crucial in this process.

What rights do asylum seekers have in Spain?

Asylum seekers in Spain have specific rights guaranteed by law. One of the most important is the right to non-refoulement, which prevents them from being returned to their country of origin until their application has been decided.

They also have the right to access legal assistance, healthcare and education. This includes the right to financial support and temporary accommodation while their application is being processed. These safeguards are essential to ensure that applicants are treated with dignity and can rebuild their lives in a new environment.

Applicants also have the right to be informed about the status of their application and to appeal negative decisions. It is essential that they understand their rights and responsibilities during this process and seek legal advice if necessary.

What are the disadvantages of applying for political asylum in Spain?

Applying for asylum in Spain can involve several disadvantages and complications. First, the application process can be long and stressful, with waiting times that may last several months. During this time, applicants may face uncertainty and anxiety about their future.

Another disadvantage is that applications may be rejected in some cases. If this happens, applicants may be required to leave the country, which could mean returning to dangerous circumstances in their country of origin. This highlights the importance of preparing the application properly and having the necessary documents.

In addition, some applicants may find it difficult to adapt to life in Spain because of language and cultural barriers. A lack of support networks can make integration even more challenging.

New asylum law in Spain 2024

Asylum legislation in Spain is constantly evolving. The new asylum law, which is expected to come into force in 2024, aims to speed up application procedures and strengthen the protection of applicants’ rights. The law is expected to improve access to legal assistance and resources for refugees.

In addition, the new regulations aim to align with European guidelines and strengthen cooperation with international organisations such as UNHCR. This is essential to ensure that Spain fulfils its international protection commitments and provides appropriate support to those seeking refuge.

Under this new law, additional measures are expected to be introduced to improve care and assistance for applicants and facilitate their integration into Spanish society.

Related questions about asylum and subsidiary protection in Spain

What is the difference between asylum and subsidiary protection?

The main difference lies in the conditions for receiving each type of protection. Asylum is granted to people facing direct persecution, while subsidiary protection is granted to those at risk of serious harm who cannot demonstrate specific persecution.

In terms of rights, people granted asylum have access to a more stable and long-term status, while those granted subsidiary protection may face limitations on their immigration status and the duration of their protection.

How long does subsidiary protection last?

Subsidiary protection is initially granted for five years. At the end of this period, it may be renewed if the situation in the applicant’s country of origin has not improved. This allows people to continue receiving protection as long as there is a risk to their safety.

It is essential for beneficiaries of subsidiary protection to be aware of the renewal procedures and meet the requirements in order to maintain their status.

Who can apply for subsidiary protection?

Anyone in Spain who cannot return to their country of origin because they risk suffering serious harm can apply for subsidiary protection. This includes refugees, victims of violence and people fleeing armed conflict.

Applicants should provide evidence and testimony to support their application, which will help the competent authorities assess it.

What rights does a person granted asylum in Spain have?

A person granted asylum in Spain is entitled to various benefits, including protection from return to their country of origin, access to healthcare, education and legal assistance. People granted asylum may also work and live legally in Spain.

These rights enable refugees to integrate into and contribute to society while maintaining their safety and dignity. Spanish law guarantees that these rights are respected and upheld.