Asylum in Spain
There are around 57,000 successful applications for asylum in the country each year. Read this article to discover if you are eligible for refugee protection and how you can successfully apply for asylum in Spain.
For more information on the application process, please get in contact with Immigration Advice Service online or call us at +44 (0)333 414 9244.
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Benefits of Choosing IAS‘ Spain Immigration Lawyers
When it comes to obtaining a Spain visa or permit, IAS Spain immigration lawyers are well-equipped to help you.
With IAS’ track record of successfully helping clients visit or immigrate to Ireland successfully, we can help businesses and individuals achieve their goals.
Our dedicated immigration lawyers provide our services through a comprehensive and personalised approach. With IAS, you enjoy:
Expert support from an experienced immigration lawyer dedicated to your success
Support in gathering supporting documents and completing a high-quality application.
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In-house document checks done by lawyers who are accredited by the IBA in Madrid and Seville.
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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.
Key Facts: Asylum in Spain
| Item | Details |
|---|---|
| What it is | Request for international protection due to persecution, serious risk, or violation of fundamental rights. Covers both refugee status and subsidiary protection. |
| When to apply | As soon as possible — ideally within 1 month of entering Spain (delays can be justified). |
| Where to apply | At an asylum office (OAR), border post, police station, foreigners’ office, or detention center (CIE). In exceptional cases, Spanish embassies may process asylum claims abroad. |
| Issued document | “Tarjeta Roja” (Red Card) – temporary document proving asylum seeker status. |
| Right to work | Granted after 6 months from official registration of the asylum claim. |
| Decision authority | Office of Asylum and Refuge (OAR) under the Ministry of the Interior. |
| Possible outcomes | Refugee Status, Subsidiary Protection, Humanitarian Residence, or Rejection. |
| Current practical timelines | Delays common — interviews and resolutions often take 12–24 months due to high backlog |
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.
Where and How to Apply for Asylum in Spain
| Step | Where / How | Required Documents | Expected Time / Notes |
|---|---|---|---|
| 1. Submit application | At OAR, border post, or authorized police station. | Passport/ID (if available), completed asylum form (EX-10), written statement explaining reasons for asylum, supporting documents, 2 photos. | Should be submitted as soon as possible after arrival (preferably within 1 month). Delays may occur for appointments. |
| 2. Interview | Conducted by the police or asylum officer, with an interpreter if needed. Legal aid available (free public lawyer or private). | Interview covers identity, journey, reasons for persecution, and supporting evidence. | Crucial stage; determines formal registration. |
| 3. Issuance of “Red Card” | Given after registration/interview; valid for 6 months initially. | Proof of applicant status, including date of issue and future right to work. | Renewable until a final decision is reached. |
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.
Comparison of Possible Outcomes of an Asylum Application
| Outcome | Meaning | Main Rights / Consequences | If Rejected |
|---|---|---|---|
| Refugee Status | Granted under the 1951 Geneva Convention for people persecuted due to race, religion, nationality, political opinion, or membership of a particular group. | 5-year renewable residence + work permit, right to family reunification, and access to integration services. | Can appeal the decision within 1 month (administrative or judicial). |
| Subsidiary Protection | Granted to people who do not meet refugee criteria but face serious harm (death penalty, torture, violence). | 1-year renewable residence permit, work rights, healthcare, and social benefits. | Same appeal process as above. |
| Humanitarian Residence | Temporary permission given for humanitarian reasons (e.g., medical, conflict, vulnerability). | 1-year renewable residence permit; work rights; healthcare. | May reapply or appeal if denied. |
| Rejected | Case denied or closed (insufficient grounds or failure to continue process). | Applicant must leave Spain; risk of deportation or transfer under Dublin Regulation. | Can file an appeal; normally within 15 days of notification. |
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 with Asylum Applications in Spain?
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.
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Legal Disclaimer
The information provided is for general informational purposes only and does not constitute legal advice. While we make every effort to ensure accuracy, the law may change, and the information may not reflect the most current legal developments. No warranty is given regarding the accuracy or completeness of the information, and we do not accept liability in such cases. We recommend consulting with a qualified lawyer at Immigration Advice Service before making any decisions based on the content provided.
Frequently Asked Questions
Many refugees in Spain can find the interview process stressful. However, all you need to share is basic personal information and descriptions of your circumstances. So long as you have a legitimate reason to apply for asylum, you have nothing to worry about.
You will be interviewed by police officer who will ask for information about the following:
- Who are you, and why are you applying for asylum?
- What events happened to you or your family that forced you to flee?
- Why can’t you return?
- What family members are in Spain and/or your country of origin who might also want to apply for asylum?
- Why did you not apply for international protection previously if it has taken longer than a month?
In some cases, you will be asked for documentation to prove what you claim in the interview.
Everything you tell the Spanish authorities is strictly confidential. They will not share the information outside of the necessary immigration authorities and the authorities back in the nation you have fled will not hear anything about your application.
The denial will come with an order to leave the country within 15 days and potential deportation if you remain in the country. You will either be deported to your home country or the first EU nation that you came into according to the Dublin Convention.
You will also be deported if you are involved in serious misconduct while in Spain. If the courts decide that you are a danger to the Spanish people, or have told lies in your application, you will no longer be welcome.
You can make an administrative appeal if your asylum application is rejected. In most cases, this process will only be possible with a lawyer. The lawyer will take your case into the Spanish court system and prove that you have a right to asylum.
If your application has been wrongfully ‘Shelved’, the process is similar. However, you will not need to prove your right to asylum, but that circumstances beyond your control have prevented you from fulfilling the obligations of the asylum application procedure
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