Rights & Obligations

Applicants for international protection, having submitted their applications, have the following RIGHTS:

 

  • To stay in Spain until the application is resolved, unless there is a claim from another country of the European Union or an International Criminal Court.
  • To be documented as an applicant for international protection.
  • Free legal assistance, if necessary, and an interpreter.
  • To have the application reported to the United Nations High Commissioner for Refugees (UNHCR) in Spain
  • The suspension of any process for return, expulsion or extradition which may affect them.
  • To know the content of the file at any given time.
  • Health care, should it be necessary.
  • To receive specific social benefits.

 

 The following will be OBLIGATIONS of applicants for international protection:
 

  • To cooperate with the Spanish authorities in the procedure.
  • To submit, as soon as possible, any elements which, together with their declaration, may contribute to substantiating their application. Among other papers, they may submit any available documentation on their age, past (including that of their relatives), identity, nationality or nationalities, previous places of residence, previous applications for international protection, travel itineraries, travel documents and reasons why they are applying for protection.
  • To provide their fingerprints, to accept to be photographed and, if appropriate, to consent to having their declarations recorded, provided that they have been previously informed of such a measure.
  • To report their address in Spain and any change to it.
  • In addition, to inform the competent authority, or appear before it, when required to do so with regard to any aspect of their application.

 

FAMILY UNIT: Beneficiaries of international protection have the right to settle with their families

 

It is advisable to inform the Asylum and Refuge Office of your family conditions. They will inform you there about the requirements to regularize their situation, as the law guarantees the right to maintenance of the families of refugees and beneficiaries of subsidiary protection.

When, during the processing of an application for international protection, the family members of the person in question are also in Spain and have not submitted a separate application for international protection, they will be authorized to reside in Spain on a provisional basis, subject to the resolution of the application for international protection.

 

Family extension

 

The right to asylum or subsidiary protection will be granted, by extension, to the following relatives:

  1. First-degree ancestors who can prove dependence and their first-degree descendants who are minors. The right to family extension will not be granted in cases of different nationalities.
  2. The relationships of the ascendants and descendants will be established by means of the scientific evidence deemed necessary in cases in which they cannot be irrefutably determined.
  3. The spouse or person linked by a similar relationship of affectivity or co-existence, except in cases of divorce, legal separation, factual separation, different nationality or the granting of refugee status on the grounds of gender, when the application file accredits that the person has suffered or has had well-founded fears of suffering persecution singularized by gender violence by their spouse or partner.
     
  4. Another adult who is responsible for the beneficiary of international protection, in accordance with current Spanish legislation, when the beneficiary is an unmarried minor.
  5. Asylum or subsidiary protection may also be granted by family extension to other members of the families of refugees or beneficiaries of subsidiary protection, provided that their dependence on them and the existence of previous co-existence in the country of origin can be sufficiently established.

     

 

The resolution approving the granting of the right to asylum or subsidiary protection by family extension will entail the same  effects for the beneficiaries as those envisaged for the applicants.

Under no circumstances may international protection by family extension be granted to persons disqualified by virtue of any of the envisaged reasons for exclusion or rejection.

 

Family regrouping

 

This right is established in the General Immigration Regulations and everyone has the possibility to benefit from it, provided that they meet the requirements of the Organic Law on Immigration. Refugees and beneficiaries of subsidiary protection may also regroup their relatives, even if they are already in Spain, without applying for the extension of the status they enjoy. This regrouping will always be applicable when the beneficiaries are of a different nationality from the refugee or beneficiary of subsidiary protection.

Beneficiaries of international protection, unlike other foreigners, will not have to meet the requirements established in the current legislation on foreigners and immigration in matters of family regrouping.

The resolution approving the family regrouping will entail the granting of residence permits and, when appropriate, work permits, of similar validity to that of the person who initiates the regrouping.

The family regrouping can be performed just once, without the persons who have been regrouped and who have obtained authorization to reside in Spain under the provisions of the preceding section being able to apply for successive regroupings of their relatives.

 

Minors and other vulnerable people

 

The specific situation will be taken into account and special treatment will be given, when necessary, to applicants or beneficiaries of international protection in situations of vulnerability, such as minors, unaccompanied minors, persons with disabilities, elderly people, pregnant women, single-parent families with minors, persons who have suffered torture, rape or other serious forms of psychological, physical or sexual violence and victims of human trafficking.