Asylum seekers will no longer be able to obtain residency in Spain on the basis of employment roots

People who have applied for asylum in Spain by means of labor roots will no longer be able to do so in order to obtain their residence in the country. According to an internal provision of the General Secretariat of Migration, the Supreme Court has carried out a change of criteria. In a ruling issued by the Supreme Court on January 24, 2024, defining that asylum seekers are in Spain in a situation of “mere tolerance” at the time their application is considered.

The Supreme Court argues in the ruling that, since they are not in a situation of “residence” or “stay”, as established in the Alien Regulation, it is not possible to apply this figure. This change of criteria affects thousands of asylum seekers who had planned to apply for the “employment roots” as it is the most guaranteed way to obtain residence.

Currently, asylum seekers are entitled to live and work in Spain on a provisional basis while their request is being studied, until it is accepted or denied. And in order to be able to apply for labor roots, they must demonstrate two years of residence in Spain with an employment relationship of a minimum of 6 months and 30 hours a week.

If you would like to learn more information on this novelty and on how to obtain your residence in Spain, do not hesitate to contact the Immigration Department of CINC Asesoría.