International protection is divided into two:

1.- Right of asylum (refugees).

It is the protection given to those people who are recognized as refugees.

Refugees are those people who have a well-founded fear of persecution, because of their race, religion, nationality, belonging to a particular social group, sexual condition, because of their political opinions, or because of war or any armed conflict.

The departure of refugees is an obligation for them, it is not a voluntary departure from the country. That is to say, the foreigner who needs refuge leaves his country of origin because he fears for his life or his physical integrity, and he also fears returning.

2.- Subsidiary protection.

The law grants this protection to foreigners who do not meet the requirements to be considered refugees, but if they return to their country they may find themselves in a situation of:

– Serious threat against the life or physical integrity of civilians due to indiscriminate violence in situations of international or internal conflict.

– Sentence to death or risk of execution.

– Torture and inhuman or degrading treatment.

How to start an international protection procedure?

It must be requested by the interested party personally. The first phase of this procedure is to express the will to obtain international protection. This can be done at border posts or at provincial police stations.

 Once the interested party has applied for international protection, they will be given a statement of will. From this moment on, the interested party will be protected by the principle of non-refoulement (rule that prevents a person from being returned to a territory where his or her life or liberty is in danger).

 The second phase of this procedure is the presentation of the application. The application for international protection is formalized through a personal interview. After this, the interested party is given an application filing receipt.

Within 1 month, a decision is made on the admission or rejection of the application. But if within 6 months, nothing has been decided, the interested party will be authorized to work. And if within 9 months, nothing has been decided yet, the interested party will be issued with an international protection applicant card, known as a red card. This card can be renewed until the application is decided, and allows you to work.

What benefits does international protection entail in Spain?

The recognition of the rights established in the Geneva Convention on the Status of Refugees. Among them, we highlight:

– Protection against non-return.

– The granting of permanent residence and work authorization in Spain.

– Issuance of identity and travel documents.

– Freedom of movement throughout the national territory.


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Abogados Extranjería en Alicante
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