What is Political Asylum?
Political Asylum, also known as obtaining your Red Card in Spain, is the act of applying for international protection. This is most often requested in situations where the applicant feels their life will be in danger when returning to their country of origin. Situations like natural disasters, war, terrorism, and other forms of conflict are all valid reasons that may be the cause of someone seeking asylum in Spain.
If you or a loved one requires international protection and needs the legal guidance necessary to obtain asylum in Spain, the team at Lusa Legal can help. We are highly knowledgeable in all areas of international protection in Spain and can give you the guidance and support you need during this difficult time.
Types of international protection in Spain
There are two primary types of international protection that are granted in Spain:
Refugee Status – When applying for refugee status, you must be able to show that you have been persecuted in your home country for belonging to a particular social group, being of a specific sexual orientation, or for reasons of race, religion, nationality, or ethnicity.
Subsidiary Protection – Subsidiary protection is usually granted in situations of war or terrorism. If the applicant’s life is in danger or there has been torture or inhumane treatment, then requesting asylum under subsidiary protection would be the proper step to take.
When applying for asylum in Spain, you must ensure that you do so promptly after entering the country. There is a thirty-day limit, after which time your chances of being granted asylum are significantly decreased.
The process of applying for political asylum in Spain
To apply for international protection in Spain, your lawyer can help you work through these simple steps:
- Within 30 days of entering Spain, you must make an appointment and visit the nearest police station. On the day of your appointment, you will attend an interview, where you will be required to explain your current situation and your reasons for requesting asylum in Spain. If you are held up at a Spanish border crossing, this process will be initiated there.
- You may be asked to fill out a questionnaire, where you will need to detail your situation and list all the reasons you are seeking asylum. Bring as much proof and list as many details as possible.
- The asylum process must be initiated in the first country that you enter. You are not permitted to travel through other countries to reach Spain. After leaving your home soil, Spain must be the first country that you land in.
- Your application will then be sent to the Spanish Asylum and Refugee Office. There, the Ministry of the Interior will review your case and make a decision based on the information you have provided.
- The decision process may take up to two years to be fully resolved and for complete asylum to be granted. In the meantime, a Red Card is given, providing the applicant with the ability to live and work in Spain during the reviewal process.
- Once full asylum has been granted, the Red Card will be replaced by a permanent residence card.
What are the benefits of receiving political asylum in Spain?
There are numerous benefits that an applicant receives after being granted political asylum in Spain:
- You will be able to live in Spain.
- You will be able to work in Spain.
- You will not have to be returned to your country of origin.
- You will have full access to health care, education, and other Spanish social services programs.
- You can have your spouse and children obtain asylum with you.
- All extradition processes are immediately suspended.
Is it difficult to be granted asylum in Spain?
Unfortunately, most applications for international protection in Spain are denied. There are numerous reasons for these rejections, including:
- Have a criminal record or warrant for your arrest.
- Taking longer than thirty days to file your international protection request.
- Providing insufficient evidence to back up your asylum request.
- Having applied for asylum in another country.
- Applying for asylum again instead of appealing the initial request.
What to do if your application for asylum gets rejected
If your application for asylum is denied, you can file to appeal this motion. All adverse effects from the previous rejection will be suspended during the appeal.
Seeking political asylum in Spain can be a confusing and challenging process, but Lusa Legal can help. Having an experienced and competent legal team by your side can make the application process easier and can increase your chances of receiving approval for your asylum request. For more information on how we can help you, contact Lusa Legal today:
+34 605 33 60 90 (Send us a WhatsApp message, and we will reply as soon as possible)