WHNE APPLY THE CONTINUITY OF ASYLUM and HOW?

It’s essential to understand that the Asylum process remains unchanged despite recent developments.

All aspects of applying for Asylum, including procedures, requirements, and processing, remain exactly as they were. Nothing has altered in this regard.

First and foremost, we want to reassure everyone. Individuals arriving in Spain who face persecution in their countries of origin due to factors such as sex, race, religion, nationality, or political opinions can still seek the protection they need.

When seeking International Protection, applicants are covered by Asylum laws, which grant both obligations and rights. This includes the right to stay in Spain until a resolution is reached on the Asylum request. This means legal residence and the right to work were recognized during this period.

This protection aims to prevent expulsion to the applicant’s country of origin while their protection request is being assessed. However, it’s important to note that this doesn’t imply a recognized legal stay or residence in Spain.

In summary, the Asylum process remains intact, and the method of seeking protection upon arrival in Spain hasn’t changed.

So, what’s the issue?

LABOR ROOTING

What has changed is the interpretation of the status of those seeking asylum.

Previously, it was understood that this stay equated to legal residency in Spain. However, a recent ruling by the Supreme Court in February 2024 altered this understanding. Before this ruling, asylum seekers could apply for Labor Establishment after residing in Spain for two years and demonstrating consistent employment for at least six months within that period.

The crux of the matter lies in the concept of Labor Rooting as articulated in the Immigration Regulation.

Article 124 of RD 5577/2011 outlines the requirements for Labor rounding, emphasizing the necessity of employment within a legal stay or residency in Spain. Consequently, asylum seekers, lacking either, are ineligible for Labor Rooting—moreover, recent internal instructions within Immigration Offices instruct officials to deny Labor Rooting for asylum seekers.

So, who is eligible for Labor Rooting?

Labor Rooting is reserved for individuals who held a valid stay or residence card, worked in Spain under that status, and subsequently became irregular for any reason.

ALTERNATIVES FOR ASYLUM SEEKERS

Despite these changes, asylum seekers still have alternative residency and work authorization routes under immigration laws.

One such option is Social Rooting, available after three years in Spain, or other permits accessible upon relinquishing the asylum process or upon its denial.

In conclusion, while the landscape has shifted, there are still avenues available for asylum seekers to obtain legal status and work authorization in Spain. We will continue to provide updates on any developments at Paraimmigrantes.info.

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