Asylum in Spain

What are Asylum Seekers?

The first thing to understand is what makes people asylum seekers. Use this information to determine if you can gain refugee status.

The human rights charity Amnesty defines asylum seekers as anybody who has fled their home country. Their circumstances – including war, extreme poverty, discrimination, and violence – have required them to leave immediately. These people are often known as refugees.

According to the 1951 Refugee Convention and 1967 Protocol, refugees have international protection. They may arrive at the border of the first nation they arrive at who are part of this agreement and claim asylum. They will be safe from harm and will not be returned to their country of origin.

The First Stages of Applying for Asylum in Spain

You must apply for international protection as soon as possible, and this should happen within a month of being in the country. However, if you have been in Spain for a while and realize it will not be safe to return to your country of origin, it is still possible to apply for asylum.

To claim asylum you need to:

• Make your application at a border checkpoint, immigration office, police station, Immigration Detention Facility (CIE), penitentiary facility, diplomatic mission, or Spanish consular office in any nation abroad.
• Attend an interview with a member of the national police force, and request an interpreter if required. You can also use a private lawyer, public defender or an NGO lawyer, but this will increase the time it takes for your interview to take place.
• Remain at border control if this is where you applied for asylum until your case has been processed and you receive a Red Card.

The Importance of Red Card Status

The Red Card is the most important document for international protection in Spain while you wait for your application to be approved. It means you can continue receiving protection while waiting for your application to be processed.

The Red Card also unlocks key vital rights for beginning to participate in Spanish life. It includes the right to work after six months, open a bank account, enrol in education and get married.

You can have a Red Card for as long as it takes to apply for asylum successfully. This process can take up to two years.Although the Red Card is only valid for six months, you can renew it for another six months as often as needed.

Responses to your Application for Protection

While you are in Spain on a Red Card, the Spanish authorities will be determining if it is appropriate to grant you refugee status. The Inter-Ministry Commission for Asylum and Refuge will prepare a proposal on your behalf. It will then be examined by the Office of Asylum and Refuge (OAR) before being handed to the Ministry of the Interior, who will make the final decision.

There are number of possible responses including:

• Refugee Status Granted – The state recognises that you are a refugee and agrees to let you remain in the country under their protection.
• Subsidiary Protection Granted – The government does not think you are being directly persecuted, but they will allow you to remain in Spain as the situation in your country would put you at risk.
• Granted for Humanitarian Reasons – You do not have international protection but exceptional circumstances mean you can remain in the country.
• Shelved – Your application has been suspended because you failed to attend personal hearings, renew your Red Card, or provide required documentation.
• International Protection Denied – The Spanish state does not agree that you need asylum.

The Rights and Obligations of Asylum Seekers in Spain

Successfully applying for asylum in Spain, and gaining a Red Card, comes with a host of rights. These rights ensure your protection and that you can live comfortably.

During your application, you will have the right to legal assistance and an interpreter. This is provided by the state and free of charge, but you can also use private lawyers and interpreters if you have the means.

You also won’t be deported during your asylum application and after receiving asylum status. Your application and refugee status will also be communicated to the UN Human Rights Council as proof of your protection.

Once in Spain, you have the right to a normal life. You can access medical help, social and housing services, and work after six months in the country.

Refugees in Spain also need to obey certain rules to ensure they receive protection in the nation.

The main obligation is to cooperate fully with Spanish immigration authorities, providing accurate information and attending all required interviews.

You must also obey all Spanish laws and avoid legal trouble.

How Can IAS Help?

Making an application for international protection in Spain is a challenging process. There are multiple steps to be taken over two years, and you will need to be transparent and share a lot of personal information.

Immigration Advice Service can reduce the stress involved with your asylum application and substantially increase the chances of success. Please call us at +44 (0)333 414 9244 or contact us online to find out how we can help.