Asylum

What do you need to know about getting asylum in Spain

• What grounds or minority groups qualify to apply for asylum in Spain?

  Spanish law follows the definition of the 1951 Geneva Convention, and it establishes that any person who fears persecution on the grounds of race, religion, nationality, political opinion, membership of a particular social group, gender or sexual orientation, can apply to receive international protection in Spain.

• What is considered a persecution to apply for asylum in Spain?

  Spain considers a persecution to be any of the following acts:

  • acts of physical or mental violence, including acts of sexual violence
  • legislative, administrative, police or judicial measures which are discriminatory in themselves or which are applied in a discriminatory manner
  • prosecutions or penalties which are disproportionate or discriminatory
  • denial of judicial protection resulting in disproportionate or discriminatory penalties
  • prosecutions or punishments for refusal to perform military service in a conflict
  • acts of a sexual nature involving adults or children.

• Do I have to be in Spain to apply for asylum?

  Yes, you need to file your asylum application in Spain. Spanish Asylum Act 12/2009 mentions a process of requesting a transfer to Spain to file the asylum application, but the mechanism was never developed and is currently not working.

• Can I get a visa to apply for asylum in Spain?

  This mechanism is not developed as of now, so most applicants who file for asylum in Spain arrive with a different type of visa, or on a visa-free status allowed for some countries.

• How long does the asylum application take?

  You can apply for asylum at the border, in this case the process is extremely urgent and takes 4 days. It is usually applied when the asylum seeker arrives without a valid visa.

  In most cases applications are filed within the Spanish territory, the general procedure should take 6 months by law, and in some cases the law reduces the processing times to 3 months.

  However, the reality is that it would likely take between 2 to 4 years before you can receive your resolution.

• I have a visa from a different Schengen country, can I apply for asylum in Spain?

  In this case, Spain will likely activate the so-called Dublin procedure which establishes a set of criteria to determine the country responsible for your application. Unless you can prove special ties with Spain, your asylum application would likely be transferred to the country that issued your Schengen visa, or through which you first entered the EU.

• I am a Ukrainian citizen/resident that fled from the war, what type of protection can I receive in Spain?

  Spain offers a temporary protection status for Ukrainian refugees. You can read more in our article on the Ukrainian refugees permits.