The Law requires that an asylum seeker receives a response to his or her application within six months at the latest. However, in practice this process often takes longer.
In Spain, the Spanish government decides on asylum applications after they are examined by the Office of Asylum and Refugees (OAR).
What are the possible responses to my asylum application?
Your asylum application may receive any one of the following responses:
- Refugee Status: According to international asylum law, a refugee is someone who has a well-founded fear of persecution on account of race, religion, nationality, belonging to a particular social group or political ideology, and the authorities in their home country are unwilling or unable to protect them. In addition, under Spanish law this includes persons fleeing for reasons of gender (sexual violence, domestic and family violence, forced marriages, female genital mutilation, etc.) and for reasons of sexual orientation or gender identity (LGBTIQ+ persons – Lesbian, Gay, Bisexual, Transsexual, Intersex, Queer, etc.).
- Subsidiary Protection: According to the Spanish asylum law, asylum is granted to people who cannot return to their country because of a real risk of suffering serious harm,such as the death penalty or the risk of its material execution; torture, inhumane or degrading treatment in the country of origin; serious threats against the person’s life or physical integrity due to indiscriminate violence in situations of war or conflict.
- Humanitarian Grounds: Strictly speaking, this is not a form of asylum, but a temporary residence permit that may be granted for humanitarian reasons (e.g. sick people without access to indispensable medical treatment in their country).
- Temporary Protection: European regulations allow for immediate and temporary refuge status within the European Union for people fleeing the war in Ukraine. More information can be found at this link.
- Archive: If you drop or withdraw your asylum application, the procedure will be shelved. This will also happen if you do not respond to a request for essential information in a timely manner or if you do not show up for an in-person appointment or to renew your documentation, unless you can prove that it was for reasons beyond your control.
- Denial of asylum: The Spanish State does not recognise your need for protection.In this case, you must leave Spain within 15 days, unless you have another type of residence permit. You can also appeal the denial of your asylum application by consulting a specialised lawyer.