Update: DT5 for asylum seekers in 2025

The November 20, 2024the Government of Spain approved a new regulation that seeks to facilitate the regularization of foreigners in an irregular situation by means of different types of arraigo. This reform makes it possible to obtain residency by demonstrating social, family or work ties in the country, since all of the authorizations entitle their holders to reside and work in the country..

Today, January 30, 2025has been published a explanatory note on the Fifth Transitional Provision (TD 5ª) from Royal Decree 1155/2024which specifies requirements and procedure to be followed by the asylum seekers to access this special regularization regime. This measure allows access to a residence permit for the following reasons exceptional circumstances to those who meet certain requirements.

EXPLANATORY NOTE ON THE FIFTH TRANSITIONAL PROVISION:

Who can benefit from the 5th TD?

To benefit from this measure, the following conditions must be met:

📌 Have received a final rejection decision of the application for international protection. This includes:
    - Express refusal in administrative or judicial proceedings.
    - Final dismissal of any appeal filed.

📌 Carry at least 6 months in Spain in an irregular situation before applying for residency.

📌 The final rejection decision must have been notified before May 20, 2025.

Who is excluded?

The following are not eligible for this regularization:

📌 Still have your process open without a firm resolution.

📌 Dismiss an appeal filed against a deemed refusal (negative administrative silence).

📌 Desist from applying for asylumThe 5th TD does not support this option.

Withdrawal of a pending appeal with previous denial

If you received a express refusal and you have an appeal pending, you can withdraw the appeal to avail yourself of the 5th TD. However, the withdrawal will only be valid if these conditions are met:

📌 The appeal must have been lodged against a express refusal and not by administrative silence.

📌 The time in an irregular situation will start to be counted. from the moment you register the withdrawal before the Asylum and Refugee Office (in the case of an appeal for reconsideration) or before the competent judicial body (if it is a contentious-administrative appeal).

📌 They must have spent at least. two months from the notification of the express refusal before registering the withdrawal.

Alternatives available

If you do not meet the requirements of the 5th DT, you can apply for a residence permit for the following reasons arraigoaccording to the following articles 126 and 127 of the Alien Regulations.

Applicable types of roots:

📌 Social and labor roots: requires accreditation of labor relations and having been in Spain in an irregular situation during at least 2 years.

📌 Social roots: requires family ties or a social integration report.

📌 Socio-formative rootsfor those who are training or training in a demanded labor sector.

In conclusionthe Fifth Transitional Provision (TD 5ª) represents a regularization opportunity for certain asylum seekers that have received a firm denial. However, it is a complex process and it is essential to comply with all the requirements set out in the Royal Decree 1155/2024.

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