International protection and asylum in Spain

International protection and asylum in Spain are fundamental concepts in immigration legislation, designed to safeguard the rights of people fleeing situations of persecution or conflict. This article details the key aspects of this process, based on current regulations.

What is international protection?

International protection in Spain refers to two types of protection: asylum and subsidiary protection. Both are regulated by Law 12/2009, of October 30, on the right of asylum and subsidiary protection.

Asylum

Asylum is granted to those people who have been persecuted in their country of origin for reasons of race, religion, nationality, membership in a certain social group or political opinions. To apply for asylum, the applicant must demonstrate that there is a well-founded fear of suffering persecution if they return to their country.

Subsidiary protection

Subsidiary protection is granted to people who do not meet the requirements for asylum, but who may face a real risk of serious harm if they return to their country. These damages may include the death penalty, torture, or inhuman or degrading treatment.

Asylum application process

The process to request asylum in Spain involves several stages:

Submission of the application: Applicants must present their asylum application in person at one of the Asylum and Refuge Offices (OAR) or at the points of entry to the country.
Interview: After the presentation, a personal interview is carried out where the applicant's circumstances and the reasons that motivate their request are evaluated.
Resolution: The Administration has a period of six months to resolve the request. If no response is received within this period, it is understood that the request has been rejected.

Rights of asylum seekers

Asylum seekers in Spain have fundamental rights, including:

Right to legal assistance.
Right to medical care and social services.
Right to work, once a period of six months has elapsed from the submission of the application, if no response has been received.

Obligations of applicants

Applicants must meet certain obligations, such as:

Provide truthful information during the process.
Notify any change of address to the Administration.
Collaborate with authorities during the evaluation process.

Conclusion

International protection and asylum in Spain are fundamental rights that seek to offer refuge to those who face vulnerable situations. It is crucial that applicants know their rights and obligations to successfully navigate the process.

Written by:
Javier Dominguez
Expert immigration lawyer
Publication date: October 17, 2025

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