The international protection in Spain is a right that guarantees the safety and protection of those who flee their country due to persecution, armed conflict or serious violations of their fundamental rights.
Spain, as a signatory of international treaties and in compliance with its own regulations, offers two main avenues of protection: the asylum and the subsidiary protection.
If you are thinking of applying for international protection or have already started the process, it is essential that you know how it works, what rights it entails and what limitations exist, especially after the entry into force of the new Alien Regulation in this 2025.
What is international protection in Spain?
The international protection consists of the measures that a State adopts to protect persons who cannot receive protection in their country of origin and whose life or integrity is in danger.
Asylum
It is granted to those who face persecution in their country of origin for reasons of:
- Race
- Religion
- Nationality
- Belonging to a specific social group
- Political opinions
Recognition as a refugee is based on the 1951 Geneva ConventionEuropean regulations and the Asylum Law 12/2009which regulates the procedures and requirements in Spain.
Subsidiary protection
It is a form of protection for those who do not meet the requirements for asylum, but who, if they return to their country, are exposed to:
Serious threats from armed conflict or generalized violence
Death penalty or execution
Torture or inhuman or degrading treatment
Remember that you can always contact us from anywhere in the world.
Who can apply for international protection in Spain?
You can apply for international protection in Spain those people who:
✅ They are outside their country of origin or country of habitual residence (in the case of stateless persons).
✅ Have a well-founded fear of persecution or serious risk because of their race, religion, nationality, political opinions, membership in a social group, gender or sexual orientation.
✅ They cannot avail themselves of the protection of their country.
In addition, this fear may be motivated by events that occurred before or after leaving the country, if they are related to their identity, convictions or activities.
How to apply for international protection in Spain?
The procedure consists of several phases:
Submission of the application
Must be submitted to:
- Asylum and Shelter Offices
- Authorized police stations
- Borders
- Detention centers for foreigners (CIE)
A personal interviewThe application must be accompanied by a statement of the reasons for the request.
Admission for processing
The authorities assess whether the application meets the requirements for consideration. If it is admitted for processing, a document is issued that allows the applicant to remain legally in Spain during the processing.
Background study
The applicant's personal situation, the conditions in his or her country and the evidence presented are analyzed.
Resolution
Possible resolutions are:
- Granting of asylum
- Granting of subsidiary protection
- Denial (with possibility of appeal)
Rights of applicants for international protection in Spain
Upon submission of the application, certain rights are acquired:
✔ Remaining in Spain legally during processing.
✔ Accessing public health care.
✔ Social assistance (housing in shelters, financial support, as appropriate).
✔ Possibility to work after six months, if the application is still pending.
Important: Does the time as an asylum seeker count for the basis for asylum?
With the entry into force of the new Alien Regulation 2024In this section, a very relevant aspect is clarified:
The time spent in Spain as an applicant for international protection is NOT computed for the purpose of the "arraigo".either:
- Social roots
- Social and labor roots
- Socio-formative roots
According to the Article 126 of the RegulationsIf the foreigner has an open application for international protection or if the required period of stay has not elapsed, discounting the period in which he/she was an asylum seeker, until there is a final decision (administrative or judicial).
Therefore, it is essential to plan well the legal steps if you wish to regularize your situation in Spain through arraigo.
In addition, it is advisable to have legal counsel to guide the process and ensure that all rights of the applicant are respected.
Remember that you can always contact us from anywhere in the world.
Legal advice for international protection and settlement in Spain
At KR Lawyerswe offer you comprehensive advice on international protection in Spain and in all related proceedings, including:
✅ Applications for asylum and subsidiary protection.
✅ Remedies in case of refusal
✅ Evaluation of legal alternatives, such as residency permits based on roots.
We accompany you every step of the way with professionalism and closeness, so that you can build a secure and stable life project in Spain.
Do you want to know how and where to request your asylum appointment?
Download the following PDF
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