Asylum in Spain
The Spanish asylum system provides relief for individuals facing persecution in their home country and allows them to seek protection in Spain.
For more information on Spanish asylum and professional help with seeking asylum in Spain, call us at +44 (0) 333 305 9375 or contact us online. We are available to help in person, over the phone, or online.
What is Asylum in Spain?
Asylum is a status granted to non-EU nationals or stateless persons seeking protection in Spain due to fear of persecution or other relevant reasons.
To seek asylum, an individual must have a well-founded fear of being persecuted in their resident country due to age, religion, political opinion, nationality, gender, sexual orientation, or membership of a particular social group. If the asylum claim is founded, the applicant will be granted refugee status and allowed to reside in Spain.
The Spanish government may also grant subsidiary protection to persons who do not meet the requirements for asylum but face persecution in their home country. Subsidiary protection grants the holder a permit with a shorter duration and restricted rights than asylum.
Legal Framework for Spanish Asylum
The international legal basis for asylum in Spain includes the 1951 Geneva Convention Relating to the Status of Refugees and its 1967 Protocol, alongside EU asylum legislation and Spain’s domestic asylum law.
Spain signed the European Convention on the Abolition of Visas for Refugees, adopted in Strasbourg on April 20, 1959, which allows refugees who legally live in one European country to travel to another for short stays without needing a visa. The Instrument of June 2, 1982, ratified this agreement, making it legally binding.
Page Contents
- What is Asylum in Spain?
- Who Can Apply for Asylum in Spain?
- How to Apply for Asylum in Spain
- The Asylum Application Process in Spain
- Reception Conditions for Asylum Seekers
- What Happens After Asylum is Granted in Spain
- Appeals, Rejections, and Alternative Pathways
- Recent Changes and Updates in Spanish Asylum Law
- Spain’s Asylum System in a European Context
- Country-Specific Considerations
- Conclusion
- How Can Total Law Help?
- Frequently Asked Questions
Another notable legal framework essential to the Spanish Asylum system is the Instrument of June 19, 1990, which officially committed Spain to and obligated it to follow the Schengen Articles 28-38 on asylum and refugee.
Responsibility for examining asylum applications in Spain is governed by the Dublin III Regulation (Regulation (EU) No 604/2013), which determines the EU country responsible for processing an asylum application when multiple countries are involved.
The Dublin Convention clarifies procedures within the aforementioned Schengen Framework.
Spain also adopts Regulation (EU) No 604/2013 of the European Parliament and of the Council of June 26, 2013, which is a recast of the guidelines for processing applications lodged by third-country nationals or stateless nationals in an EU member state.
Law 12/2009, of October 30, on the Right to Asylum and Subsidiary Protection, is the primary Spanish (non-EU/international) law that regulates the right to asylum and subsidiary protection. It sets out how Spain applies the EU and international asylum laws within its legal system.
These laws are regulated or enforced by various Royal Decrees.
Comparison of Asylum with Other Migration Pathways
Asylum is a protective-based route, while other visas and permits are standard migration routes for work, study, or residence. Their eligibility requirements, periods of stay, granted legal rights, and pathways to long-term residency differ.
The refugee pathway is also governed by a different legal framework. Individuals generally cannot reside in Spain while a standard visa process is ongoing, unless they have another eligible permit. However, during asylum proceedings, the Spanish government will not return an applicant to their home country if the danger persists, regardless of how long they stay.
Who Can Apply for Asylum in Spain?
These are the categories of people who can apply for asylum in Spain.
General Refugee Status Applicants
Asylum applicants in Spain must be non-EU nationals who face persecution based on race, religion, political opinion, nationality, membership of a particular social group, and gender or sexual orientation.
The harm must be sufficiently serious to amount to persecution under refugee law. The Spanish authorities will also consider the persecution serious if it is an accumulation of several breaches.
Acts of severe persecution in many forms may include, but are not limited to:
- Physical, psychological, or sexual violence
- Discriminatory legislative, judicial, or police measures
- Sexual acts involving adults and children
- Discriminatory penalties or prosecutions
- Denying a person judicial protection in disproportionate or discriminatory penalties
Stateless Persons
An individual can apply for Spanish asylum if they are not considered a national of any state and are not already safely settled in another country or have effective protection elsewhere.
Individuals Eligible for Subsidiary Protection
Persons who do not meet the full criteria for refugee status may be eligible for subsidiary protection if they are:
- Subject to the death sentence or risk of its material execution
- Victims of torture, inhuman, or degrading treatment
- At risk due to being victims of indiscriminate violence that is a result of an international conflict
Family Members of Refugees and Protected Persons
First-degree ascendants (such as parents), descendants (such as children), spouses, and civil partners of refugees and protected persons can join their family member in Spain if they are eligible.
How to Apply for Asylum in Spain
Overview
Individuals should apply for asylum within one month of their entry into Spain, or from the occurrence of the events on which their claim for international protection is based.
An individual can apply for asylum irrespective of how they migrated to or entered Spain, as long as they meet the requirements for international protection.
Asylum seekers can apply at the following locations:
- Asylum and Refugee Office
- Immigration office
- Border crossing points for entry into Spanish territory
- Provincial Police Stations or District Police Stations
- Immigration Detention Facility (CIE)
Required Documents and Evidence Checklist
| Document Type | Example(s) | Purpose | Notes |
|---|---|---|---|
| Travel or identification documents | Passport, national identity card, and passport photographs | To verify an applicant’s identity and nationality | Not mandatory if it is unavailable, but you must explain why you don’t have them. Passport photographs must be two copies with a white background |
| Travel documents | Boarding passes, airline tickets, travel itineraries, and entry stamps | To demonstrate how and when the applicant entered Spain | Enables authorities to determine migration route and entry timelines |
| Proof of persecution or risk | Medical report, police report, arrest warrants, new articles, photos, and videos | To support the claim that the applicant faces persecution in their home country | No compulsory if unavailable, but submission adds credibility to the application |
| Civil status documents | Marriage certificates, birth certificates of children, and a family book | To demonstrate familial relationships for applications with dependents | Required if the application involves family members |
| Application form | Completed asylum application | Officially records the asylum application request | Typically completed during the asylum appointment with authorities |
| Copies of supporting documents | Photocopies of passports, IDs, and other supporting documents | Enables the authorities to keep records while returning original copies of documents | Applicants should submit originals and photocopies of their supporting documents |
| Translation and legislation | Certified translations of documents in other languages, and apostillation when necessary | Ensures that officials can understand documents issued abroad and process the application appropriately | Compulsory for documents in other languages, and those issued abroad |
| Personal Statement | A written statement that makes the case for the asylum claim | Makes the authorities know why they should grant you asylum | A well-crafted written statement is strongly recommended |
Writing a Personal Statement
A personal statement (declaración personal) enables applicants to make a claim of why Spain should grant them asylum. A carefully crafted personal statement, combined with supporting documents, helps Spanish authorities understand the reason an applicant needs protection and the risks they face.
A statement should include details such as:
- Personal background
- Events that caused the applicant to flee
- Type of persecution or harm
- Reason(s) why it would be unsafe to return
- Details of their journey to Spain
Applicants are advised to express themselves clearly and provide accurate information in their statement. They should also present events chronologically and include specific dates, locations, and names.
Submitting Supporting Evidence and Materials
Asylum seekers should organise their documents properly before submission in the following order:
- Personal statement
- Identity documents
- Proof of persecution
- Medical evidence
- Witness statements
- Proof of country condition
It is essential to translate documents in other languages into Spanish using an approved translator, with the translator’s seal included. Applicants are advised to keep copies of all the submitted documents, in case they need to appeal or provide additional supporting evidence.
Explanation of Accelerated, Border, and Regular Procedures
Applicants can file a Spanish asylum request through the regular procedure or, in some cases, the border procedure. In the regular procedure, applicants submit applications to police stations, immigration offices, or asylum offices from within Spain. Legally, processing should take no more than six months.
The border procedure happens before the applicant enters Spain, such as at airports, seaports, border entry points, or an immigration detention facility. It allows the police or Civil Guard to determine whether an individual is eligible for admission into Spain as an asylum seeker. Officials will typically decide the status of a border request within four days.
Average Timelines and Common Delays
The legal processing time for a Spanish asylum application is six months from the date it is approved for processing, but most applications may take longer. Applicants should also consider the time it takes to successfully register their asylum claim, which can sometimes take several months. Realistically, the entire application process can take over a year.
The Asylum Application Process in Spain
Lodging an Asylum Request
Applicants make an appointment with the Police and notify them of their intention to apply for asylum in Spain.
The Police will issue them a document, “Declaration of Intention to request international protection,” and specify the date by which they must formalise their asylum application. Asylum seekers remain protected from removal from the country under Spanish law during this period.
Formalising an Asylum Request
To formalise an asylum application, the applicant must attend an interview conducted by a police officer. The officer will ask key questions regarding why the applicants want to claim asylum.
The officer may also request information about an applicant’s family to ensure they can join them in Spain after obtaining refugee status.
Asylum seekers are required to attend the interview with their passport or other identity documents and supporting documents. If they do not have the required documents, they must explain convincingly why so.
After the Interview
Applicants will receive the “HOJA BLANCA” (White Paper), which serves as a receipt for their official asylum request and grants them the right to continue residing in Spain while their application is pending. It contains their Spanish Foreigner’s Identification Number (“N.I.E.”)
The document will have two validity dates.
The first is one month after the interview, when the Asylum and Refugee Office (OAR) must decide whether to continue the application. The second date is 9 months after they formalise their request, which is when the card is due for renewal.
Processing the Asylum Request
The relevant authorities will evaluate the application. If they decide to accept the asylum request, they will notify the applicant during the month following the formalisation of the claim. However, asylum seekers who receive a rejection notification cannot proceed with their application. In such a case, applicants may file an administrative review or appeal.
Obtaining the Red Card
Spanish authorities expect asylum seekers to replace their White Paper “Hoja Blanca” with a “TARJETA ROJA” (RED CARD). The Red Card demonstrates that the authorities are processing the holder’s asylum application. It grants an applicant residence and work (after six months from the date the asylum application is filed) rights, and access to basic services.
Application Review and Final Decision
The Asylum and Refugee Office will review the application. They may correspond with other organisations, such as government parastatals or the United Nations High Commissioner for Refugees, to obtain reports that can enable them to better review the application. Applicants can still submit additional evidence at this stage of the process.
The Asylum and Refugee Office will typically allow asylum seekers to access their case file for 10 days after review and make changes before it is passed to the next organisation, the Interministerial Commission for Asylum and Refugees, which prepares a recommendation for the Ministry of the Interior. The Ministry of Interior will decide whether to grant or reject asylum.
Reception Conditions for Asylum Seekers
Overview
Applicants for international protection are entitled to shelter and social services to ensure the satisfaction of their basic needs if they cannot support themselves. The Spanish government will accommodate them in a refugee reception centre, or a non-governmental organisation (NGO) may provide support under dignified conditions. They can receive support for up to 18 months, or 24 months for vulnerable cases.
Access to reception support after refusal or in subsequent procedures depends on the stage of the case and the applicable reception rules.
Reception Centres in Spain
To enter the reception system, applicants should contact the organisation responsible for managing the system in their location, such as the Spanish Commission for Refugee Aid (CEAR), ACCEM, or the Cruz Roja (Red Cross).
Rights and Obligations of Asylum Seekers
An individual seeking asylum in Spain has the right to the following while waiting to be granted refugee status:
- Reside in Spain until the authorities decide on their application, unless another European country or an international court claims them
- Obtain the documents required to prove their status as applicants for international protection
- Access free legal assistance and an interpreter during their interview if required
- The suspension of any refoulement or removal process in Spain
- Be notified of their application by the United Nations High Commissioner for Refugees in Spain
- Know their file’s content anytime they request it
- Access healthcare and social benefits
Applicants for international protection also have certain obligations or duties during their stay in Spain.
They must:
- Cooperate with the Spanish authorities
- Submit all essential documents that substantiate their application
- Submit and update their address in Spain
- Consent to having their fingerprints, photograph, and statements recorded whenever necessary as part of the asylum process
- Inform the necessary authority or appear before them when required
Consequences of Non-Compliance or Fraud
Asylum seekers who fail to comply with their obligations or abuse their rights may face consequences such as:
- Application rejection
- Termination or closure of the asylum procedure
- Loss of reception benefits
- Criminal or administrative consequences
- Risk of removal from Spain
- Reduced credibility in future asylum requests
What Happens After Asylum is Granted in Spain
Rights of Spanish Refugees
Once an asylum seeker has been granted refugee status in Spain, they will have the right to:
- Receive a resident permit, a Foreigner Identity Card (T.I.E), a refugee or subsidiary protection status document, and a travel document for refugees (if applicable)
- Work in Spain, own a business, access job training programmes, and register with employment services
- Social assistance and integration programs administered by Spain’s Ministry of Inclusion, Social Security, and Migration to facilitate adaptation and self-sufficiency, such as temporary housing support, social integration services, financial assistance, and community support programmes
- Public healthcare under the Spanish National Health System, including primary healthcare, specialist healthcare, and emergency treatment
- Public education, vocational training programs, and university studies
- Take government-sponsored integration courses, such as Spanish language lessons and cultural orientation programmes
Family Reunification
Refugees who want to bring their family members to Spain must apply for family reunification with the Spanish Office of Asylum and Refugees (OAR) by the “registro oficial” (official registration) through the required Post Offices or Administrative Registry Offices.
The application must be addressed to the Subdirectorate General for International Protection, Directorate General for Domestic Policy, Ministry of Interior. Advisably, they should consult a lawyer to assist with the family reunification procedure, as it increases their chance of approval.
Citizenship Pathways
Recognised refugees may generally apply for Spanish nationality after five years of legal residence in Spain.p. Refugees must not be absent from Spain for more than six consecutive months or for more than one year during the qualifying period, unless for justifiable reasons, such as working abroad. They will also need to pass Spanish integration exams, demonstrate good behaviour, and meet other requirements as part of the citizenship application.
Appeals, Rejections, and Alternative Pathways
For applications denied at border points, applicants can file a “re-examination” (recurso de reposición) within two days. They can appeal the rejection of a regular procedure before the OAR, under the Ministry of Interior.
Negative decisions may be challenged through administrative and judicial remedies, depending on the type of refusal and procedural stage.
The court will thoroughly reexamine the evidence and decide, which may take up to two years. Asylum seekers can appeal a decision rejected at this stage to the Supreme Court (Tribunal Supremo).
Consequences of Overstaying or Leaving Spain Before Resolution
Individuals who overstay in Spain after their application is rejected may be subject to administrative fines and bans on future entry to Spain. If an applicant leaves Spain before the authorities decide on their asylum application, the case may be closed.
In the event of an appeal, an applicant is generally allowed to reside in Spain until the authorities decide on their application. Additionally, applicants who entered Spain illegally may be allowed to remain, and any prior overstay will be overlooked if they successfully submit an asylum application.
Arraigo Social
Applicants with a rejected asylum application may be eligible to remain in Spain under arraigo social (social roots) if they meet the requirements. Arraigo social is a pathway for persons who have built strong social and community ties in Spain, and want to regularise their status.
Asylum seekers who have a strong case for the pathway can apply. They must have resided in the country for at least two years, be integrated in
Recent Changes and Updates in Spanish Asylum Law
One of the recent changes to the Spanish immigration and asylum law is the Royal Decree 1155/2024 (effective May 20, 2025), which amends the regularisation of status for asylum seekers in Spain. It notably reduced the minimum residency period for Arraigo pathways from 3 years to 2 years.
The Arraigo pathways are a type of exceptional circumstances residence status that permits residence for holders due to strong social, employment, family, or training (for a particular skill) connections to Spain.
The decree also revised the Arraigo pathways by replacing some categories with new ones. The Arraigo Familiar is renamed Arraigo Social, while maintaining its essence. Arraigo Social is also renamed Arraigo Sociolaboral. The change also introduced Arraigo de Segunda Oportunidad, designed for individuals who have lost their residence permit, among other changes.
The rule change also affects family reunification for asylum seekers seeking to bring their dependents. Children can now be up to 26 years old, instead of 21, expanding the number of family members that can qualify.
Another notable update in Spanish asylum law is the 2026 Extraordinary Regularisation, which promises to grant legal status to around half a million undocumented migrants. This move can benefit asylum seekers who lodged an asylum claim before December 31, 2025, and have had their application rejected.
Spain's Asylum System in a European Context
Spain’s asylum system faces unique challenges. The country is a major entry point into Europe, and many asylum seekers treat it as a transit point rather than their final destination. Compared to other EU countries, Spain’s immigration process is relatively slow, with hundreds of thousands of people in the backlog.
The country receives one of the highest numbers of asylum applications among EU countries, but grants asylum status at a rate significantly below average. In 2024, it received over 167,366 asylum applications, but only 18.5% got approved, according to an annual report by the Spanish Commission for Refugee Aid (CEAR). This figure is lower than the EU average of 46.6%.
Also, the Spanish government has come under criticism for its handling of immigrants entering the country through its external land borders in North Africa, especially in Ceuta and Melilla, illegally. The authorities use high fences and regular maritime patrols to prevent migrants from entering Spain illegally through these points.
Combined with the “Reject at the Border” policy and other similarly controversial ones, it has drawn criticism from organisations such as the UNHCR and the European Council on Refugees and Exiles (ECRE) for the ill treatment of asylum seekers.
Some landmark court rulings have affected Spanish asylum policies. One of these is the case of N.D. and N.T. v. Spain (ECtHR Grand Chamber, 2020), in which the court ruled in favour of the Spanish government after the removal of two migrants to Morocco at the border fences in Melilla. The Supreme Court also ruled in 2022 that asylum seekers appealing a negative decision have the right to remain in Spain.
Future Outlook and Policy Recommendations
The European Union is implementing a Pact on Migration and Asylum that intends to improve asylum processes through ensuring fast and efficient procedures, stronger border protection, and an effective system of solidarity and responsibility among member states. It is due to come into effect by mid-2026.
Asylum seekers from Latin America and West Africa will continue to favour Spain due to their country’s economic and political challenges. Therefore, the Spanish government should work to establish a more efficient processing system to address backlogs and handle new cases fairly. It is also imperative that Spain strengthen its reception infrastructure to accommodate the influx of asylum seekers.
Country-Specific Considerations
Applicants from Venezuela account for the largest nationality among Spanish asylum applications. Of the 134,401 the country received from January to November 30, 2025, 78,984 were Venezuelans.
Political persecution, threats from security forces or pro-government groups, and economic challenges are key reasons Venezuelans leave. However, Spain rarely grants Venezuelans full asylum. Instead, they receive humanitarian residence.
Columbians are the second largest immigrant group in Spain. Key reasons they apply en masse include threats from criminal organisations, violence linked to armed groups, and gender-based violence or persecution. Spain rejects many Colombian asylum claims because Spanish authorities believe they could relocate to safer areas within their country.
Syria is another country from which Spain records many asylum applications. Armed conflict, political persecution, and forced recruitment by armed groups are leading reasons they seek refuge in Spain. Syrians typically have a higher asylum approval rate than Colombians or Venezuelans.
Ukrainians can benefit from Spanish asylum through the EU’s temporary protection, which affords them the right to live, work, and access healthcare and social services.
Conclusion
Spanish asylum enables applicants to reside in Spain if persecution in their home country makes it unsafe for them. Asylum seekers are advised to evaluate their situation and obtain adequate supporting evidence to strengthen their claim.
Applicants should take advantage of the available free legal assistance. They can also hire a lawyer if they can afford one. Professional assistance can streamline the process and increase the chance of approval.
Asylum laws and policies are regularly updated. Therefore, asylum seekers are advised to obtain updated information before applying.
How Can Total Law Help?
The Spanish asylum process can be complex and lengthy, with several backlogs in the system. However, at Total Law, we understand the immense pressure asylum seekers face, and we can guide you through the claim process.
Our lawyers are experts in Spanish immigration law and have helped several applicants with migrating to and claiming asylum in Spain. We will review your situation to determine your eligibility, including if you are eligible for legal aid, and help you prepare your supporting evidence to prove your case.
We will liaise with the Spanish immigration authorities on your behalf and keep you updated on your application throughout the process. Our lawyers can also help you reunite with your family in Spain if they are eligible and help you integrate easily into your new community in Spain.
If you are currently facing persecution in your home or resident country, call us at +44 (0) 333 305 9375 or contact us online. We are available to help you in person, on the phone, or online.
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Frequently Asked Questions
Spain may provide asylum seekers with a monthly allowance of up to €56 for adults and €22 for minors. The money is for personal and incidental expenses such as personal hygiene items, phone credit, and small personal purchases, and not for housing or food.
Ukrainians under temporary protection can receive a monthly allowance of €400 per adult and €100 per minor for six months, provided they have no other income and are not sponsored by an NGO.
Financial support depends on the reception phase, vulnerability, and the provider managing accommodation and assistance. Fixed national amounts are not universal.
In the first 11 months of 2025, Spain granted refugee status to just 7,064 of 134,401 applications, resulting in a 5.26% success rate. However, the country grants other forms of protection status to several applicants. In 2025, 45% of all applicants received some form of protection in Spain, including asylum.
Asylum seekers who lose their documentation, such as a White or Red Card, must notify the Police or another relevant organisation immediately to request a replacement. Continuing to reside in Spain without a valid permit may make it difficult to demonstrate legal status when required.