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News
Waiver of asylum to process work permits: This is how the Supreme Court rules
- 01/01/2025
- foreigner
It is common for asylum seekers who have appealed their denial decision, without yet receiving a resolution, to apply—after two years have passed—for a residence permit based on labor integration ("arraigo laboral"). The Supreme Court has issued a ruling in relation to this situation.
Although our domestic regulations state that, except for certain cases, “the rejection or inadmissibility of an international protection request will result, as applicable, in return, removal, expulsion, mandatory departure from Spanish territory, or transfer to the responsible State for examining the asylum application…,”
European Union law establishes the right of the asylum seeker to remain in the Member State during the examination of the request, allowing them to stay and work, if so requested.
Therefore, it is very common in practice for individuals whose asylum applications have been denied to file an appeal and, in doing so, remain and work in the country. After a two-year period, they then apply for labor-based residency ("arraigo laboral").
To apply for this labor integration permit, the State Attorney requires the applicant to formally renounce their asylum status in order to switch to Spain’s general immigration framework.
However, the Supreme Court recently resolved case no. 8727/2022, which addressed this situation. The Court clearly and explicitly stated that the application for labor-based residency will NOT be compatible with a pending asylum appeal, even if the right to asylum is renounced—interpreting the directive in that way.
This means that the labor-based pathway used by many individuals with pending asylum appeals can no longer be used to regularize their status.
What remains unknown is how this issue will continue to develop, but without a doubt, there will be many differing opinions on this ruling.