In today’s post, we will talk extensively about an issue that undoubtedly generates many doubts: political asylum and especially the red card in Spain.
We will see what exactly this card consists of, its legal application process, how to make an appointment to get it, and what rights and advantages this document offers to asylum seekers.
Are you ready to get your doubts solved?
The red card is the document issued to individuals who apply for international protection in Spain due to a well-founded fear of persecution in their country of origin on the grounds of race, religion, nationality, political opinion, membership in a social group, gender, or sexual identity.
While the application is being processed, this document authorizes the holder to reside legally in Spain.
Thus, the individual who is in a country that has suffered any of these adverse situations can come to Spain and apply for residency due to humanitarian reasons, or be a refugee and request political asylum.
This is known as international protection.
Hence, the official name of the red card is the document that accredits the condition of the applicant in the middle of the process of international protection.
It is called a red card because it is printed on a cardboard of the same color.
This document is regulated in Law 12/2009, of October 30, regulating the right of asylum and subsidiary protection, and in Royal Decree 220/2022, of March 29, which approves the Regulation of the reception system in matters of international protection.
However, the red card is not a card that is granted once the asylum is approved. It will be issued when the foreigner’s application for asylum is accepted for processing.
That is to say, and as a conclusion, it is the document that is given to those who apply for political asylum, and that allows them to reside in Spain while their application is being processed.
Do you have any doubts? Get in touch with our immigration lawyers and receive personalized legal advice and all your doubts solved:
Main benefits of this card
Even if it does not allow you to work, this card has several advantages.
And most of them come from the fact that your red card will contain an NIE or foreigner’s identification number. With this number, you will be able to, among other things:
- Receive a health card and have access to health care, with the possibility of having a family doctor.
- Open a bank account
- Enroll in any educational course
- Sign up for job boards
- Process the Spanish driver’s license
- Etc.
On the other hand, another advantage refers to the path that many foreigners use to get residency.
Furthermore, if during your residence with the red card you get married or formalize a de facto couple, you could opt for a different route of regularization:
- Relative of a Spanish citizen (Spanish relative card, EX-24)
- Family member of an EU citizen (community residence card, EX-19), depending on the nationality of your partner.
In both cases, you must renounce your application for international protection to take advantage of this route.
If your asylum application is denied, you will not be able to count the time you have worked or resided with the red card to access roots.
This was established by the Supreme Court in its ruling 414/2024: while international protection is being processed, one is not in an irregular situation, which is the requirement for roots.
The calculation of the 2 years of irregular stay necessary to request social or socio-labor roots begins only when there is a final resolution denying your asylum (administrative or, where appropriate, judicial means).
Disadvantages of requesting political asylum in Spain
The main disadvantage is that most applications for international protection end up denied.
If this occurs, the foreigner is not automatically left in an irregular situation: the calculation of the 2 years of irregular stay necessary to request social or socio-labor roots begins to count only from the moment there is a final denial resolution, either administratively or, if there are appeals, through judicial means.
Meanwhile, the person remains protected by his status as an applicant for international protection.
On the other hand, we find another disadvantage in the length of time it can take to apply, usually extending the process drastically.
It is very likely that you will be given an appointment within 8 or 9 months, which will make it difficult for you to work in the country.
This is largely due to the vast number of existing applications.
Is it free to request asylum and a red card in Spain?
Yes. Applying for international protection in Spain is a completely free procedure, including an appointment, interview, and presentation of appeals in case of denial.
There is no administrative fee associated with this procedure.
How long does this card last?
The duration of this card is 6 months. However, if after 6 months your application for asylum has still not been approved or rejected, it is renewed for an extra 6 months so that the decision can be taken.
Successive renewals may be made until a final decision is reached, all of them for 180 days.
How to apply for asylum in the Spanish territory?
The first thing to do is to get an appointment at the relevant immigration office.
During your appointment, you will go through an interview to find out why you are applying for international protection.
After that interview, you will be issued a white card. This piece of paper contains your details, the application for international protection, and the fact that your application is in the process of being accepted.
From that moment onwards, the administration has a maximum of 1 month to decide whether or not to admit your application.
Once admitted for processing, the application enters the study phase, in which the Administration has a maximum period of 6 months to resolve (3 months in the emergency procedure). In practice, this period is usually considerably longer due to the high volume of applications.
Once your application has been approved, you will be given the red card. This signals the start of the process by which the administration analyzes whether to grant you international protection or not.
In other words, the fact that you are accepted for processing does not mean that you will be granted asylum.
It means that your application for international protection will be considered, and during this period of study, you will be allowed to reside in Spain with the red card.
Getting your appointment
To get an appointment, you must click on this link.
This is true for both the initial application and the appointment to renew.
Once the window opens up, select the province in which you usually reside.
Once you have reached the drop-down menu containing the type of procedure you’d like to start, select “issue/renewal of documents for asylum seekers“.
Remember that to renew, you must make an appointment between 15 and 20 days before the renewal.
Required documents
On the day of your appointment, you’ll have to contribute:
- Application form EX-10, filled out.
- Complete passport and copy.
- Certificate of criminal record.
- Document certifying that the foreigner is in one of the cases foreseen for international protection.
Keep in mind that, when the reason for your request prevents you from obtaining official documentation from your country of origin (for example, the criminal record certificate), you can explain it in your interview.
The impossibility of providing certain documents does not prevent the application from being formalized.
As in any procedure, all foreign documents must be translated into Spanish and duly legalized.
Can I work with the red card?
As a general rule, no. During the first 6 months with the red card, the foreigner cannot work, and this is clearly specified in the corresponding regulations.
However, if the card needs to be extended for an extra 6 months because a decision on asylum has not yet been made, then the foreigner may work.
So it will be with the renew red card when you can work in Spain as an asylum seeker.
And this work permit has no limits. You can work in any Spanish region, either as an employee or as a self-employed person.
You will have full labor rights.
Can I travel outside Spain while waiting for my asylum response?
No. It is not possible to travel outside Spanish territory while you are living with a red card.
And the reason is very simple: you will not have a valid ID.
When your application for asylum is accepted, you’ll need to hand in your passport to the authorities, who will keep it as a deposit.
So you will lose your basic identification document, and this will prevent you from crossing the Spanish border.
Why? Because at any airport you will be asked for this document to cross their borders, and that is an entry requirement. But at the same time something that you won’t be able to provide.
However, if you decide to travel through the Schengen Area by car, you should have no problem. Because the member states offer free movement between their borders.
But there are many countries that actually do have border controls, so we do not recommend that you travel.
And inside Spain?
In that case, you won’t have any problem. You can travel legally, either by plane, train or car, within Spanish borders with your red card.
And what will happen once my application gets accepted?
You will reside in Spain with your red card until the Immigration Office decides whether to grant you political asylum or not.
Once you receive a positive decision, your red card will be replaced by a TIE (foreigner’s identification card) similar to the residence and work authorization one.
Start your application now
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