Breaking News: Changes in Labor Roots for Asylum Applicants

In the field of immigration and related legislation, it is vital to keep up to date on regulatory changes and court decisions that may affect individuals seeking to settle in a foreign country, especially with regard to labor and residency issues. In this context, the recent ruling of the Supreme Court number 414/2024, dated January 24, 2024, has clarified important aspects of the legal status of applicants for international protection in relation to labor immigration procedures.

This ruling, in combination with the jurisprudence of the Court of Justice of the European Union, reaffirms the special situation of these applicants within the Spanish and European legal framework. To this we add that the Secretary General for Migration has fixed the CRITERIA FOR THE APPLICATION OF THE JURISPRUDENCE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION AND OF SUPREME COURT DECISION 414/2024, OF JANUARY 24, ON THE INCIDENCE OF THE CONDITION OF INTERNATIONAL PROTECTION APPLICANT IN THE IMMIGRATION PROCEEDINGS OF LABOR ROOTS.

What does the new Supreme Court Ruling establish?

The ruling, issued at the end of February 2024, addresses the question of whether it is necessary to be in an irregular situation to apply for residence authorizations contemplated in the immigration regulations, in particular, the Arraigo Laboral. The Supreme Court has determined that asylum seekers who are in process or have had their application denied, and who are in a situation of legal permanence in Spain, cannot access the Arraigo Laboral. This decision is based on the need not to violate the EU Asylum Directive, and although it may generate controversy, it is the one that has been established in the scope of EU law and, therefore, it is directly applicable in Spain.

Implications for asylum seekers and Arraigo Laboral.

This ruling has significant implications for those who are in the process of applying for asylum or have had their application denied. In the past, Arraigo Laboral authorizations had been granted to people in these situations, which allowed them to access a residence and work permit in Spain. However, with the new interpretation of the Supreme Court, this possibility is restricted, since it is established that the situation of legal permanence is not equivalent to being in an irregular situation, a requirement to apply for Arraigo Laboral,

Legal Status of the Applicant for International Protection

According to the interpretation of Directives 2013/32/EU and 2013/33/EU, an applicant for international protection is not considered to be in a stay or residence situation. This special categorization is defined as a tolerated stay, limited pending the outcome of the application review process. This status precludes any link to the usual states of stay or residence and is considered exclusively preventive and temporary.

Permanence Rights According to the CJEU

The Court of Justice of the European Union in its judgment of November 2023 (Case C-257/22) establishes that asylum seekers have right to remain in the territory of the Member State for the duration of the process of their application at first instance. However, this right is not equivalent to The person may not be considered to be in an irregular situation according to Directive 2008/115/EC.

Implications in the Context of Labor Rootedness

The judgment of the Supreme Court is clear in stating that the mere tolerance of stay of applicants for international protection cannot be used as a basis for obtaining a residence permit through labor roots. This underscores the incompatibility between the status of applicant and obtaining residency through other means, including employment roots, which requires proof of legal and continuous stay or residence.

What does this mean for those looking to establish themselves in Spain?

For those seeking to settle in Spain and obtain a residence and work permit, this ruling together with these new criteria of the immigration offices represent an important change in the legal landscape. Those who have worked during the asylum application process or after having had their application denied, will no longer be able to access the Arraigo Laboral, despite having paid social security contributions in a legal manner. This limits the options available to obtain a residence permit in the country.

Conclusion

The Supreme Court's ruling on Arraigo Laboral and Asylum in Spain marks a milestone in the legal treatment of asylum seekers and their access to residence and work permits.

1. Permanency StatusApplicants for international protection benefit from a tolerated stay that prevents their situation from being considered irregular.
2. Impossibility of Labor RootingDuring the time a person maintains his or her status as an applicant, he or she is not eligible for residency due to labor roots, since this condition requires a regular stay or residence.
3. Necessary Legal ProceedingsTo process an application for residency on the basis of roots, it is essential to formally renounce the status of an applicant for international protection and to wait for a final decision.

The confirmation that asylum seekers cannot access Arraigo Laboral represents a significant obstacle for those seeking to stabilize their situation in Spain. It is essential that the authorities review these policies and consider alternatives that allow for the effective integration of people seeking international protection in the country.

Commitment and Professional Support

At our firm, we understand the complexities and challenges faced by international protection applicants, especially with regard to labor roots legislation. We are committed to providing comprehensive and personalized support, ensuring that each case is treated with the meticulousness and empathy it deserves. If you or someone you know needs legal guidance or representation in these matters, please do not hesitate to contact us. We are here to help you navigate these processes with professionalism and dedication, ensuring the best possible results under the current legal framework.