Review of Asylum Conditions in Spain
Asylum in Spain is one of the methods of immigration to Spain which is highly discouraged due to the numerous risks associated with it. Asylum conditions apply to applicants who feel endangered and lack personal safety in their home countries due to reasons such as religious conversion, political activities, ethnicity, sexual orientation, and other factors; in such cases, they can apply for asylum.
The timeframe for Spain’s response to asylum cases can vary from six months to three years, and this period may extend further.
It is important to mention that due to the countless risks associated with asylum, the Malekpour Immigration Institute does not undertake any actions regarding asylum in Spain or any other countries, nor do we offer consultations. This article is solely for the purpose of familiarizing you with the topic of asylum in Spain and increasing your general knowledge in this area. The Malekpour Institute does not provide any services related.
Asylum Conditions in Spain
One of the ways to immigrate to Spain is asylum, which is not recommended due to its hazards. Spain, like other EU member countries, adheres to international and EU laws regarding asylum. The cornerstone of the Spanish asylum system is the 1951 Refugee Convention and its 1967 Protocol.
Additionally, Spain follows the Common European Asylum System (CEAS) and its legal documents. An asylum request is appropriate for individuals who have racially, religiously, politically, or ideologically motivated fears and feel unsafe in their home countries.
Types of Asylum in Spain
When discussing asylum in Spain or irregular migration to Spain, it is crucial to understand the various types of asylum and the eligibility criteria associated with them. Spain, like many other countries, offers different forms of asylum for individuals who need protection.
- Refugee Status
To qualify for asylum status in Spain, a person must demonstrate a well-founded fear of persecution in their home country based on factors such as race, religion, nationality, political beliefs, or membership in a particular social group.
- Subsidiary Protection
Subsidiary protection is granted to individuals who may not meet the strict criteria for asylum status but face a real risk of harm or serious threat to their life or integrity if returned to their country.
- Temporary Protection
Temporary protection may be granted during a mass influx of displaced persons, such as refugees fleeing conflict areas. This is generally a short-term measure.
- Humanitarian Protection
Humanitarian protection is provided to individuals who do not qualify for asylum or subsidiary protection but have compelling humanitarian reasons to stay in Spain.
- Asylum for Unaccompanied Minors
Unaccompanied minors under 18 who demonstrate a well-founded fear of persecution or serious harm in their home country may receive asylum.
Applying for asylum in Spain with a tourist visa is one of the methods some individuals use to enter the country and then apply for asylum. If you enter Spain on a tourist visa, you can still apply for asylum.
Risks of Asylum in Spain
Seeking asylum in Spain comes with serious challenges. In 2018, Spain received 54,000 asylum applications, ranking among the top five European countries. However, it approved only 12,000, meaning just 1 in 4 applicants were granted refugee status.
Many asylum seekers hope to improve life for themselves and their families but face risks from the start. These include human trafficking, exploitation, poor conditions in refugee camps, and financial hardship. With limited support, many turn to irregular jobs, often with little success.
Asylum Cases in Spain
In 1967, a protocol was added to the Geneva Convention which expanded the topic stated in Article 1 of this convention. Article 1 of the Geneva Convention defines a refugee as someone who fears persecution due to religion, political beliefs, race, skin color, nationality, or membership in social and political groups.
The threat does not necessarily have to be explicit and can also be potential. Generally, based on the conditions of asylum seekers, asylum cases in Spain include three main categories—political, religious, and social:
- Political Cases
Individuals who fear persecution due to their political beliefs or membership in specific political groups may apply for asylum in Spain.
- Religious Cases
People who belong to religious minorities may face various pressures from both their government and the public. Additionally, there are those who fear execution and severe persecution due to religious conversion. If their claims are valid, they can seek asylum in Spain for their safety.
- Social Cases
A broader range of qualified asylum seekers corresponds to social cases. Those who face assault due to racist beliefs in a country or are members of specific social groups or come from war-torn countries may have asylum conditions in Spain.
However, note that not everyone falls under the Geneva Convention:
Since the asylum procedure in Spain does not align with the conditions of most individuals, it can be considered illegal immigration. Our advisors will never endorse such a high-risk method. This content has been compiled by the Malekpour Institute and any reproduction without proper attribution is illegal.
Steps for Asylum in Spain
An asylum seeker in Spain must formally submit their request to the relevant authorities and undergo an interview. There are two main ways to apply for asylum in Spain:
- Within the borders of Spain
- Within Spain
If the asylum seeker is outside Spanish territory, they must submit their request to the border control authority. If they are in Spain, they must approach the relevant authorities such as the Office of Asylum or any foreign office, detention center for foreigners, or police station to declare their asylum request within one month of their arrival in Spain.
Please note that currently, asylum requests in Spain cannot be submitted through embassies or consulates outside Spanish territory. Generally, two different procedures are established for processing asylum applications:
- Normal (ordinary) process
- Urgent process
In the ordinary procedure, applicants already in Spain submit their request to the Office of Asylum (part of the Ministry of the Interior). A decision is made within one month. If no response is given, the request is considered approved. Rejected applicants can appeal. If accepted, the Ministry has six months (or more in practice) to review the case.
In the urgent procedure, used by those outside Spain or in foreign detention, a decision is issued within 72 hours (abroad) or four days (detention). If accepted, the final review must be completed within three months. Approved asylum seekers may apply for Spanish citizenship after three years.
Alternative Methods to Asylum in Spain
In addition to being provided with travel documentation to allow travel to other countries, asylum seekers in Spain receive rights from the government and can live, study, and work in the country.
In this section, we want to introduce you to safer and better methods that ultimately yield better advantages for you, allowing you to enjoy the rights of Spanish citizenship (Spain passport):
Working in Spain
The method of working in Spain is one of the most affordable methods for obtaining Spanish citizenship. If you have sufficient work experience, education, and the appropriate age, you can qualify for working in Spain.
Note that obtaining a work visa in Spain is only possible with a job offer. If you find a suitable job, you can work full-time in this country and earn a good salary.
Studying in Spain
The method of studying in Spain is the quickest way to enter Spain. This country has several reputable and famous universities. There are two types of universities in Spain: private and public. Private universities are in English.
Public universities are almost free, but courses are often in Spanish. Students have privileges like a minimum of 20 hours of work per week and the ability to bring their spouse and children under 18.
Investing in Spain
Investment in Spain is possible through various means such as registering a company or renting a restaurant. There is also the financial self-sufficiency option in Spain, which has different conditions, but it is possible to switch to the investment method after a short time.
In any case, the individual does not have permission to work for anyone else and in the investment method, they can only earn income from their own business. They must be present in Spain for about six months of the year, and this temporary residency can, under certain conditions, be converted into permanent residency after five years.
Birth in Spain
Spain is one of the countries that follows the principle of jus sanguinis. This means that for immigration through birth in Spain, if your child is born in Spain and at least one parent is not Spanish, the newborn does not acquire Spanish nationality.
Even in countries that immediately grant nationality to newborns, their parents do not automatically become nationals there. Therefore, this method cannot be a viable solution for those seeking Spanish nationality in the easiest possible way.
Marriage in Spain
Most countries do not immediately grant nationality through marriage to their citizens, and Spain is among them. The general procedure is that the individual can obtain residence in Spain throgh marriage, and depending on the circumstances of both parties, typically after a few years of cohabitation, Spanish nationality is obtained.
The rules for obtaining residency and nationality are the same for both men and women, and even same-sex marriages are recognized in this country.
Rights and Obligations of Asylum Seekers in Spain
Refugees in Spain are protected under national and international laws, with rights including asylum application, legal protection, healthcare, education, social services, and the ability to work or start a business. They must also fulfill obligations such as following Spanish laws, providing accurate information, attending interviews, and informing authorities of any status changes. Non-compliance can lead to legal issues or loss of asylum.
Duration of Asylum Case Processing in Spain
The submitted asylum request takes a period of six months for the government to review. This process has varied in Spain from 6 months to 3 years. If the case takes longer, the applicant will be notified of the timeframe.
The Malekpour Institute does not provide any services related to asylum, and the content of this page is solely to enhance your comprehension and awareness of the risks associated with asylum.
Frequently Asked Questions about Asylum in Spain
- How can I apply for asylum in Spain?
To apply for asylum in Spain, you should follow these steps:
- Request an appointment to formalize your asylum application.
- Submit your asylum application.
- Asylum Interview
- Processing of your asylum application
- How much money do asylum seekers receive in Spain?
All asylum seekers hosted during the acceptance phase receive 56 euros per month for each person (for personal expenses) plus 22 euros per month for each minor.
- Are asylum seekers allowed to work in Spain?
You may access medical assistance, social services, and housing, and work after six months of residence in the country. Refugees in Spain must also comply with specific rules to ensure that they are supported in the country.
- What is the red asylum card in Spain?
The red card is issued when a foreign asylum request is accepted for processing. This document is given to those who submit political asylum requests and allows them to stay in Spain while their application is under review.
Conclusion:
Asylum in Spain is one of the methods of immigration to Spain. As this issue has been discussed, asylum in Spain in many cases cannot meet the immigration needs of people who want to obtain residency and citizenship in a country in the European Union and the Schengen area.
Due to the many risks involved in the asylum immigration method, alternative and legal routes to obtain a Spanish passport should be considered. Other options, including marriage, work, education and investment in Spain, are possible to obtain residency for yourself and your children.
In this article, we have tried our best to familiarize you with the laws and key topics regarding asylum in Spain. If you need free expert guidance and advice, you can always contact our offices around the world.
