Solicitud Asilo
What you need to know
The right of asylum is established in the Geneva Convention, to which Spain adhered in 1978. In addition, Law 12/2009 of October 30, regulating the right of asylum of subsidiary protection is the regulations in force in the country.
It is established that it is the right that people who have fled from their country of origin or the stateless who have left their usual place of residence to protection, amparo and assistance.
In accordance with article 4 of Law 12/2009, persons who request international protection may be beneficiaries of the so -called subsidiary/asylum protection in those cases in which the authorities appreciate the existence of reasons founded to believe that if they returned to their country Of origin they would face a real risk of suffering any of the serious damages provided for in the law, despite not meeting the requirements to be recognized as refugees according to the Geneva Convention of 1951.
Article 10 of the aforementioned law establishes as serious damage that the following can lead to subsidiary protection: the death sentence condemnation or the risk of its material execution; torture and inhuman or degrading treatment in the country of origin of the applicant; Serious threats against life or integrity of civilians motivated by indiscriminate violence in situations of international or internal conflict.
The rights that Spanish legislation collects for international protection applicants are the following and it is important to know them:- Right to free legal assistance and interpreter.
- Right to communicate your request to UNHCR.
- Right to suspension of any process of return, expulsion or extradition that could affect the applicant. (Right not to be returned to a place where your life or physical integrity is in danger).
- Right to know the content of the file at any time.
- Right to health care.
- Right to receive specific social benefits under the terms included in the law.
- Right to be documented as an international protection applicant.
The first step is to make an appointment (cita previa ) on the SEDE – Administraciones Públicas (administracionespublicas.gob.es) in the province where you reside.
After the interview for asylum has been carried out, the application shall be processed and studied and in order to determine whether you meet the requirements to obtain any type of international protection.
If you receive a notification during the first month after the date of the request for asylum that notifies you that your case “NO ha sido ADMITIDO A TRÁMITE“, it means that your case has been rejected and shall not be studied in detail. In this case your request will have concluded, although you may file an administrative or legal appeal requesting the review of your case. For this purpose, we recommend that you speak to your lawyer, that shall help you, free of charge, in relation to the steps to take to fill such appeal.
If you do not receive any notification during the first month after the date of the asylum application, this means that your request has been accepted and shall be studied in detail and the Spanish State will provide a final response on whether you will be granted international protection or not.
At the appointment for the renewal of your “Hoja Blanca” (White Paper) or Filing Receipt of the Request for International Protection, you will be issued with a new identification document: the “TARJETA ROJA” (RED CARD). This card replaces the “Hoja Blanca” (White Paper).
Cooperate with the Spanish authorities in the procedure for the request for international protection.
Present, as soon as possible, all those elements that, together with your own declaration, contribute to substantiate your request. Among others, they may present the documentation they have on their identity, age, nationality, places of previous residence, travel documents and reasons for which they request international protection.
Provide all those elements that contribute to achieving full personal identification of the applicant.
Inform about your residence in Spain and any changes that occur in it.
Likewise, inform the competent authority or appear before it when required in relation to any circumstance of your request.
The request for an appointment does not formally initiate the procedures for international protection, or the date from which a response must be legally provided. This is initiated when you formalise your asylum application by means of an interview.
Your appointment will be registered by the Police and, in certain areas, you will receive a document that proves you have requested an appointment to apply for asylum. In any event, from that moment in time, you will be protected and you won’t be able to be returned to your country of origin.
Register your request for asylum
During this initial appointment with the Police, your intention to request asylum shall be registered and you will be issued with a document called “Declaration of Intention to request international protection”. This document, although it does not represent the beginning of your asylum application or of the applicable legal periods, protects you from being expelled from Spain and enables you to be identified before the Spanish authorities. The “Declaration of Intention” will be valid until the date on which you formalise your asylum application. During this appointment, you will be given an appointment for the formalisation of your asylum application.
Formalise your asylum application (asylum interview).
The formalisation of your asylum application in Spain is carried out by means of an individual interview. The interview is conducted by a police officer.
During the interview, before asking you for the reasons why you want to request asylum, you will be asked to identify yourself (name, surname(s), date and place of birth, etc.) as well as detailed information regarding your personal circumstances and regarding your trip to Spain. You will be interviewed so that you can explain the reasons that have led you to request international protection in Spain, in particular the reasons for leaving your country of origin and/or why you personally are not able to return there.
You will also be asked for information regarding your family (name, surname(s), family relationship or kinship, etc.). It is very important that this information is clearly recorded in the asylum application so that, if you are granted protection in Spain, you can request family reunification (family members may reunite with you in Spain).
The content of the asylum application is confidential. Everything that you mention in the interview and all the documentation that you provide, will not be communicated to the authorities of your country of origin, or any other person that is not involved in the procedure.
The asylum application of each one of the members of the family that are over the age of 18 must be formalised separately, by way of individual interviews.
- Passport or other documentation that proves your identity and nationality (if you hold it).If you do not present any documentation, you can explain why you don’t hold any identification documents. The lack of documentation does not prevent you from being able to request protection. If you obtain a document that proves your identity and nationality in the future, you must provide them.
- 2 passport size photos with white background.
- Documentation: Documents, photographs and other evidence that supports your case and that helps to demonstrate what has happened to you in your country of origin. You may also provide probative documentation subsequently, throughout the procedure. If you do not have any documents or evidence that supports your story, you may request asylum based upon your own story, explained as best you can and with as much detail as possible.
- In the case of requests for asylum with dependent children, you will be requested, if you can, to provide the documentation that proves your family relationship (family record books, birth certificates, etc.).
Under no circumstances whatsoever should you be requested to provide any other documentation or comply with any other requirement in order to be able to request asylum. If, in any circumstances, you have been requested any other document, contact your lawyer or request an appointment with a lawyer of the specialised NGOs in order to clarify such situation.
Yes, you have the right to receive legal aid free of charge. You may receive legal aid from the lawyers that work for the NGOs specialised in asylum and refuge, or alternatively from a duty shift lawyer from the Bar Association of the province in which you are situated.
Furthermore, if you want, you may also contact a private lawyer directly, although in said situation you will have to negotiate the terms and conditions and the cost of the services directly with this professional.
If you do not speak Spanish or if you do not feel comfortable speaking it, you have the right to request the services of an interpreter free of charge. The interpreter will help you to communicate throughout the whole interview and must respect the duty of confidentiality, which means that the interpreter may not share information about your history or your case with anyone.
If you think you will need an interpreter, you must request this service from the police officer at the time at which you request the appointment to initiate your asylum application.
The law establishes that the OAR (Asylum and Refugee Office) must decide within the period of one month whether the asylum application will be processed (that is, if the request is accepted for analysis), or not. If the request is processed, it means that your case will be studied in detail to determine, subsequently, whether you will be granted international protection or not. However, in practice, all requests are automatically processed. In the White Paper the Police will assign you a “N.I.E.” (Spanish Foreigner’s Identification Number) for your identification. The N.I.E. is comprised of a letter, 7 numbers and a verification code and helps the State to control the whole of the foreign population and also enables the foreign person to carry out administrative procedures and activities easier.
This document shall be valid until the expiry date thereof. You will see that there are two expiry dates mentioned in the document:
- The first is one month after the date of the request for asylum (date of the interview). During this first month, a resolution may be forwarded to you informing you that your case has not been granted leave to proceed. In this case, this document shall cease to be valid.
If, after the period of one month has elapsed, you have NOT been notified of a resolution that REJECTS you application, the White Paper shall continue to be valid until the second expiry date set out in the document.
- The second expiry date is that of 9 months after the date of the request for asylum (date of the interview). This is the expiry date of your document if your request has been granted leave to proceed and you have not been notified of a resolution that rejects the application.
Moreover, after the period of 6 months is over, after the date of the asylum application (date of the interview) you will be authorised to work in Spain, as set out in the White Paper.
When the expiry date of your “Hoja Blanca” (White Paper) is close, you must request an appointment via the internet for the renewal of your document via this link SEDE — Administraciones Públicas (administracionespublicas.gob.es).
Through this website, you must select the province where you reside and search for the renewal procedure. If, in the province in which you reside, the option for requesting an appointment online does not exist, you must seek information about how to carry out the renewal by contacting a lawyer specialised in asylum or via an NGO specialised in asylum.
- MADRID: “ASILO – OFICINA DE ASILO Y REFUGIO. Expedición/Renovación de documentos.
Remember that depending on your case and nationality, you might need other additional documents.
Need help?Contact us by WhatsApp or write to contact@spainserviceimmigration.com
We can help you with completing the forms and accompany you to the appointment.