SpainAsylum / refugee status

Asylum and international protection in Spain

The programme grants asylum and protection status to foreign nationals and stateless people who fear persecution in their own countries. Spain recognises refugees under the Geneva Convention and guarantees legal protection where there is a well-founded fear of persecution. Applicants gain the right to work, to social services and to free legal aid while the case is examined. Protection extends to people persecuted on grounds of sex, sexual orientation and gender identity. Approved refugees receive permanent residence and may later apply for Spanish citizenship.

Visa term

Residence and work permit (TIE) for 5 years, renewable

Threshold

No state fee; reception programmes run by NGOs and ACNUR

Processing time

Long backlog; border procedure 4–10 days, ordinary procedure takes months

Work

Right to work on the same terms as citizens

Source: boe.es — Law 12/2009: right of asylum, refugee status (art. 3)

Who may apply and how it works

The programme is open to third-country nationals and stateless people with a well-founded fear of persecution. The examination starts with a formal application and runs through several stages with strict deadlines and legal safeguards.

Who may apply

Non-EU nationals with a well-founded fear of persecution
Stateless people present on Spanish territory
People persecuted because of sexual orientation or gender identity
Family members of recognised refugees through the reunification procedure

Where and when to apply

At border control on entry to Spain
At immigration offices after arrival in the country
Within one month of entry or of the persecution arising
With help from non-governmental organisations and UNHCR (ACNUR)

Safeguards during the procedure

Free legal aid and interpreting services
Housing and material support for people in financial need
The right to work in any sector of the economy
Access to healthcare and education on a par with Spanish citizens

When the programme will not suit

Nationals of EU member states, who hold the rights of European Union citizens

Freedom of movement within the EU and the relevant national protection procedures

People excluded for criminal offences or for posing a threat to state security

Criminal proceedings or immigration control; possible exclusion from the programme

Applicants who submit false information or forged documents

Refusal of status; withdrawal of protection already granted and an administrative penalty

Documents to gather

Applicants must supply documents supporting their claim of persecution and complete the mandatory identification procedures.

Passport or another identity document
Travel documents (visas, tickets, border stamps)
Two photographs (required for the protection documents)
Certificates and evidence of persecution (threatening letters, court judgments, medical reports documenting torture)
Asylum seeker identity document issued after the application
Fingerprints and photograph taken at registration

How the process runs

Obtaining refugee status in Spain runs through several stages with defined deadlines and procedural safeguards.

1
Formal application for protection
within 1 month of entering Spain
The applicant approaches border control (when crossing the border) or the immigration offices of the autonomous communities. An initial interview is held and the basic data recorded. From that moment the applicant holds the status of «solicitante de protección internacional» (applicant for international protection) and is entitled to work, to free legal aid and to social services.
2
Examination under the border procedure
from 4 to 10 days
Where the application is lodged at the border, the authorities may decide under an accelerated procedure. Four days are allowed for the decision; UNHCR (ACNUR) may request an extension to ten days for a detailed examination. The grounds for immediate refusal are limited (manifestly unfounded applications, safe third countries).
3
Individual interview scheduled
during the ordinary examination procedure
After the border procedure, or where the application was lodged inside the country, the applicant is invited to a formal interview. At the meeting the applicant sets out the circumstances of the persecution in detail, presents evidence and answers questions about the fears and the grounds for protection. An interpreter and a legal representative may attend.
4
Formal decision on the application
a maximum of 6 months (standard procedure); target of 6 weeks (new procedure from June 2026)
Once the investigation is complete the authorities issue a written decision granting refugee status, granting subsidiary protection, or refusing the application. The decision states the reasons and explains the right of appeal. Successful applicants receive written notification that protection has been granted.
5
Issue of protection documents (TIE and travel document)
within a set period after approval
Approved refugees are issued a Tarjeta de Identidad de Extranjero (TIE, foreigner identity card) valid for the period set by the long-term residence rules. Refugees are also issued a travel document for international journeys. The documents serve as official proof of status and entitle the holder to work and live in Spain on a permanent basis.
6
Family reunification and naturalisation rights
available for as long as the status lasts; citizenship after 5 years
Refugees may apply to be reunited with their spouses, partners and minor children. After five years of lawful residence as a refugee it is possible to apply for Spanish citizenship, subject to Spanish at A2 level and passing the test on the Spanish constitution (CCSE).

Who you can bring with you

Refugees may apply to be reunited with close relatives, who also receive protection or the right to live in Spain.

Spouse or registered partner

May be included in the refugee's protection procedure or apply separately for reunification; entitled to live in Spain with the right to work

Minor and dependent children

May be entered in the parent's protection procedure or apply in their own right; gain access to education and social services on a par with Spanish children

Parents (where the applicant is a minor or dependent)

May be included in the reunification on proof of full financial dependence; examined separately

Other dependent family members

May be included on proof of a close family tie and financial dependence; considered case by case

Trips, renewal and the grace period

Live in Spain; «white card» during the procedure

Refugee status and the matching identity card (TIE) run for the period set by the Spanish long-term residence rules. The TIE is initially issued for the duration of the protection status; once refugee status or subsidiary protection is recognised, the status normally becomes permanent. The first review of the documents takes place five years after issue; subsequent renewals also fall every five years until the holder turns thirty, and every ten years thereafter. Refugees must apply for renewal within the two months before the document expires or within three months after expiry. Where the application is filed on time, silence from the authorities means the current status remains in force until a final decision is taken.

How it differs from the routes next to it

The comparison is built from the official terms of the routes themselves — the source links sit on their own pages.

	Asylum and international protection	Protección Subsidiaria	Humanitarian protection
Visa term	Residence and work permit (TIE) for 5 years, renewable	Residence and work permit (TIE) for about 5 years, renewable	Usually 1 year; annual renewal
Money	No state fee; reception programmes run by NGOs and ACNUR	No state fee; reception and social support	No threshold as with the NLV; treatment and means are assessed
Work	Right to work on the same terms as citizens	Full right to work	Often includes a work permit
Residence	Live in Spain; «white card» during the procedure	Live mainly in Spain	Live mainly in Spain

What comes next: permanent residence and citizenship

Route to permanent residence

Long-term residence after 5 years

Route to citizenship

Citizenship for refugees after 5 years; DELE A2 + CCSE

Frequently asked questions about Asylum and international protection

How does refugee status differ from subsidiary protection?

Refugee status is granted under the Geneva Convention to people who fear persecution on grounds of race, nationality, political opinion, religion or membership of a social group. Subsidiary protection is granted to people who do not qualify as refugees but face a real risk of serious harm, including the death penalty, torture or serious threats to life arising from armed conflict. Both statuses carry the right to live and work in Spain, but subsidiary protection may be ended if circumstances change.

Is persecution on grounds of sexual orientation a ground for asylum?

Yes. Under the Spanish asylum law, persecution on grounds of sexual orientation, gender identity or sex is a ground for protection. The law expressly covers people who flee their countries because of a well-founded fear of persecution on those grounds. This extension recognises gender-based persecution as a ground in its own right, alongside the traditional categories (race, nationality, political opinion and so on).

May I work while my asylum application is being examined?

Yes. Under Spanish law, applicants for international protection are entitled to work once the application has been lodged. The right covers both employment and self-employment in every sector of the economy. It lasts for the whole period the application is under examination. Once refugee status or subsidiary protection is granted, the right becomes permanent and is not subject to conditions.

What happens if I apply more than a month after entering Spain?

The law sets a one-month deadline for lodging an application, running from entry into Spanish territory. It does, however, allow exceptions: where there were valid reasons for a later application (illness, no access to the authorities, new circumstances of persecution, for example), the application may still be accepted. The authorities assess each case individually. A late application may affect the examination but does not automatically exclude the applicant from the process. It is advisable to apply as soon as possible after arrival.

How long does an asylum application take in Spain?

The standard examination procedure takes a maximum of six months from the date the application is lodged. Under the border procedure, however, the decision must be taken within four days, extendable to ten days at the request of UNHCR (ACNUR). Since June 2026 Spain has applied new procedures aligned with the European Pact on Migration and Asylum, with a target of six weeks and a maximum of twelve weeks. In practice many cases take longer because of the volume of applications, but the legal framework requires the set deadlines to be observed.

Other ways to move to Spain

Every route in one list — migration programmes: Spain.

The terms and the amounts are checked against official sources — the link sits under each section.Last checked on: 8 August 2026.