SpainSubsidiary protection

Protección Subsidiaria in Spain

Protección Subsidiaria is an international protection status for people who do not qualify as refugees but face a real risk of serious harm in their country of origin. The programme recognises threats such as the death penalty, torture, inhuman treatment or indiscriminate violence in armed conflict. Once the application is approved, beneficiaries receive permanent authorisation to live and work in Spain. The status includes access to education, healthcare and social support. Beneficiaries may be reunited with their immediate family.

Visa term

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

Threshold

No state fee; reception and social support

Processing time

Long backlog; high refusal rate

Work

Full right to work

Source: boe.es — Law 12/2009: subsidiary protection (art. 4)

Who may apply for subsidiary protection

Several different situations qualify for subsidiary protection in Spain. Check which one applies to your case.

People at risk of death or torture

Faces the death penalty in the country of origin
At real risk of torture or inhuman treatment
Has applied for asylum but does not qualify as a refugee

People in conflict zones

Lives in an active armed conflict zone
At risk of indiscriminate violence directed at civilians
Specifically threatened by a non-state actor in the conflict

People with a family connection

Spouse or de facto partner of a recognised beneficiary
Minor child of a recognised beneficiary
Dependant of a beneficiary with a prior shared household

When subsidiary protection does not apply

Perpetrator of crimes against peace or against humanity

Not eligible for any form of international protection

Convicted of a serious offence before applying for protection

Will be assessed against stricter national security criteria

Poses a genuine threat to state security

Automatic refusal; appeal available before the courts

Already holds protection in another EU country

Spain may transfer the case under the responsibility rules (Dublin)

Documents to gather

The application calls for documents establishing both identity and the real risk of serious harm.

Passport or national identity document
Application form for international protection (supplied by the authorities)
Evidence of the risk: witness statements, medical reports on torture, evidence of persecution
Identity documents of family members for reunification (birth and marriage certificates)
Criminal record certificates or other relevant documentation
Proof of entry into Spain (border stamps, travel tickets)

How the process runs

The subsidiary protection procedure is divided into clearly defined administrative stages. Timings vary with the complexity of the case.

1
Lodge the application with the authorities
Within 30 days of entering Spain
The application must be lodged in person at the designated offices of the National Police or the State Administration. It must include every available document evidencing the risk.
2
Receive an appointment for the personal interview
Typically 2–4 weeks after lodging
An individual interview with specialist officials is scheduled. An interpreter and free legal assistance are provided. During the interview the applicant's rights, obligations and the available procedures are explained.
3
Examination of the application
Ordinary procedure: 6 months; expedited: 3 months
The authorities assess whether there is a real risk of serious harm within the meaning of the law. Additional documentation may be requested. The Interministerial Commission on Asylum and Refuge reviews the case before the final decision.
4
Receive the administrative decision
Within the examination period
The Ministry of the Interior issues a decision granting or refusing protection. Refusals set out the administrative remedies and the court procedures available.
5
Obtain the Tarjeta de Identidad de Extranjero (TIE)
Within 30 days of a favourable decision
The identity document (TIE) is applied for at the National Police. It requires a photograph, biometric data and payment of the fee. The TIE is valid for 5 years.

Who you can bring with you

Beneficiaries of subsidiary protection may extend the status to immediate family members, including de facto partners. The extension is processed at the same time as the main application or after it is approved.

Spouse or de facto partner

Proven shared household and relationship; no formal ceremony required

Minor children

Biological children under 18; the status extends automatically when the main beneficiary is recognised

Financial dependants

Adults who are financially dependent and shared a household beforehand; dependence must be evidenced

Elderly parents or grandparents

In exceptional cases where they have no other means of subsistence in the country of origin; assessed individually

Trips, renewal and the grace period

Live mainly in Spain

The Tarjeta de Identidad de Extranjero (TIE) is valid for 5 years and must be renewed before it expires. Renewal is handled by the National Police on presentation of the current TIE, recent photographs and a renewal application. Subsidiary protection status itself is permanent; only the identity document needs periodic renewal. After 5 continuous years of lawful residence, beneficiaries may apply for long-term (indefinite) residence authorisation if they meet the additional requirements on financial means and health insurance.

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.

	Protección Subsidiaria	Humanitarian protection	Arraigo (rootedness)
Visa term	Residence and work permit (TIE) for about 5 years, renewable	Usually 1 year; annual renewal	Residence permit for 1 year; renewal or switch to an ordinary residence and work permit
Grounds	Threat to life	Humanitarian grounds	Roots of 2–3 years
Money	No state fee; reception and social support	No threshold as with the NLV; treatment and means are assessed	Social: ≥100% IPREM; Laboral: contract of ≥20 h/week at the SMI; Formación — funds for the course
Work	Full right to work	Often includes a work permit	All types carry the right to work (Formación — up to 30 h/week)
Residence	Live mainly in Spain	Live mainly in Spain	Genuine residence in Spain

What comes next: permanent residence and citizenship

Route to permanent residence

Long-term residence after 5 years

Route to citizenship

Citizenship under the general rule after 10 years (not the reduced 5)

Frequently asked questions about Protección Subsidiaria

What is the difference between asylum and subsidiary protection?

Asylum is granted to people persecuted on grounds of race, religion, nationality, political opinion or membership of a social group. Subsidiary protection covers people who face a risk of serious harm (death, torture, violence in conflict) but do not meet the asylum criteria. Both grant the right to permanent residence and to work.

Are there administrative costs for applying for subsidiary protection?

An application for subsidiary protection carries no state fee (administrative charge). Legal advice, interpreting and help with the application are free. Obtaining the Tarjeta de Identidad de Extranjero (TIE) after approval, however, requires payment of a fee (Modelo 790, code 012) at a bank.

May I work while my application is being examined?

Yes. Under the law, applicants for international protection (including subsidiary protection) may apply for a work authorisation after 6 months of waiting under the ordinary procedure. The authorisation is conditional but gives access to the Spanish labour market without waiting for the final decision on status.

What happens if my application is refused?

You have a right of appeal. You may lodge a request for reconsideration with the Ministry of the Interior and then bring contentious-administrative proceedings before the specialist courts. Such appeals are given priority. During the appeal you may remain in Spain under a provisional authorisation until the case is resolved.

Does my family receive subsidiary protection automatically?

Your spouse or de facto partner and minor children are included in the initial application and receive the status at the same time as approval. Other dependants (parents, grandparents) need a separate application and an individual assessment of their personal risk and financial dependence.

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.