Bidaya

1.Law 12/2009 – Right to Asylum and Subsidiary Protection:

Article 3 (Refugee Status): Recognizes refugee status for persons who have a well-founded fear of persecution due to race, religion, nationality, political opinion, social group, gender, sexual orientation, or identity, and are outside their country and unable or unwilling to return.

Article 4 (Subsidiary Protection): Applies to individuals who do not qualify as refugees but face a real risk of serious harm if returned to their country.

Article 5 (Rights): Guarantees non-refoulement (no return or expulsion) and protection under EU and international law.

Article 10 (Serious Harm): Includes death penalty, torture or inhuman treatment, and serious harm due to armed conflict.

Article 16 (Right to Apply): Any non-EU national or stateless person in Spain can apply for international protection, with access to legal aid, healthcare, and interpretation.

Article 17 (Application Procedure): Applications must be submitted in person, usually within one month, and include an interview and information in a language the applicant understands.

Article 18 (Rights & Duties): Applicants have rights to legal aid, documentation, and protection from deportation, and must cooperate with authorities and provide accurate information.

Article 30 (Social Rights): Applicants without resources receive basic social and reception services; costs may be recovered if they have sufficient means.

2.Organic Law 4/2000 – Immigration Law (Ley de Extranjería):

• Article 3 (Rights of Foreigners): Foreigners in Spain enjoy fundamental rights and freedoms under equal conditions with Spanish citizens, in line with the Constitution and international human rights treaties.
• Article 9 (Right to Education): Minors under 16 have the right and duty to free and compulsory education; minors under 18 have access to further education and scholarships. Adults also have access to education under general conditions.
• Article 12 (Right to Healthcare): Foreigners have the right to healthcare according to Spanish health legislation.
• Article 14 (Social Security & Social Services): Resident foreigners have equal access to social security and social services; all foreigners have access to basic social services regardless of their legal status.
• Articles 16–17 (Family Reunification): Foreign residents have the right to family life and can reunite with spouse, children, dependent parents, and other eligible relatives under specific conditions.
• Article 18 (Requirements for Reunification): Family reunification requires proof of stable residence, adequate housing, and sufficient financial resources.
• Article 19 (Effects of Reunification): Reunited family members may obtain the right to work and, in some cases, independent residence permits.
• Article 30 bis (Residence Status): Defines residence permits as temporary or long-term legal status for foreigners in Spain.
• Articles 36–38 (Residence and Work Authorization): Foreigners over 16 need authorization to live and work; permits are linked to employment contracts and labor market conditions.
• Articles 39–40 (Employment Rules & Exceptions): Hiring foreigners depends on labor demand, with exemptions for certain categories such as family members, highly qualified workers, and special cases.
• Article 41 (Work Permit Exemptions): Some professionals (e.g., researchers, professors, journalists, religious workers) are exempt from needing a work permit.
• Articles 42–43 (Special Regimes): Establish specific rules for seasonal workers and cross-border workers to regulate their working and living conditions.

3.Royal Decree 557/2011 – Immigration Regulation:

• Article 1 & 4 (Entry Requirements): Entry to Spain requires a valid passport, visa (if needed), proof of purpose, financial means, and no security risk.
• Article 5 (Return Authorization): Allows residents with pending renewal to leave and re-enter Spain within a limited period (up to 90 days).
• Article 28–29 (Stay & Visas): Short stay up to 90 days per 180 days; Schengen visas can be uniform or limited territorial.
• Article 30 (Visa Procedure): Visa applications are processed by consulates and may be approved or denied after review.
• Article 42 (Work Permission): Students can work up to 30 hours/week if compatible with studies.
• Article 48 (Non-Lucrative Residence): Residence without work requires financial means, clean record, and health compliance.
• Article 59–61 (Family Reunification): Allows family members to join residents and later obtain independent residence; renewal depends on financial stability and family ties.
• Article 124 (Arraigo): Regularization through residence ties:
  Labor (2 years)

Social (3 years)

Family / Training

Articles 131–132 (Gender Violence): Protects victims with access to residence and work permits even in irregular status, with priority processing.

Article 130 (Exceptional Cases): Temporary residence (usually 1 year) for humanitarian or special reasons.

4.Royal Decree 1155/2024 – New Immigration Regulation:

• Entry into Force: The regulation was published on November 20, 2024, and is set to enter into force on May 20, 2025.
• Article 4 (Scope & Alignment): Aims to align Spanish domestic legislation with European law and transpose relevant EU Directives.
• Article 26 (Temporary Residence – TR): Defines TR status for foreign nationals authorized to stay in Spain for more than 90 days but not exceeding five years.
• Article 35 (Family Members of Spaniards): Affords TR status to non-EU nationals related to a Spanish national, provided the family connection is ongoing.
• Article 37 (Broadened Eligibility): Extends the age of children eligible for residency to 26 and includes partners in a “spousal equivalent relationship” even if not officially registered.
• Article 38 (Seasonal Activities): Regulates residence and work for seasonal activities for a maximum period of nine months within a calendar year.
• Article 39 (Collective Management): Provides for the simultaneous granting of multiple permits to workers located outside of Spain through collective processing in their countries of origin.
• Article 176 (Long-term EU Status): Grants indefinite residence and work rights to those who have resided legally and continuously in Spain for five years.
• Blue Card Fast-Track: Reduces the required residency period for a long-term EU permit to just two years for EU Blue Card holders.
• Jobseeker Visa: Permits foreign nationals to travel to Spain to seek employment for a 12-month period; if a contract is secured, the employer applies for a work permit.
• Exceptional Circumstances: Outlines procedures for obtaining permits based on social ties, international protection, or humanitarian reasons.

5.Spanish Constitution of 1978

Article 13:

Article 13.4 (Right to Asylum): Mandates the creation of laws to establish the specific terms and conditions under which citizens from other countries and stateless persons can enjoy the right to asylum in Spain.

Article 13.1 (Public Freedoms): Guarantees that aliens (non-citizens) in Spain shall enjoy the same public freedoms as citizens, as governed by international treaties and national laws.

Article 13.2 (Political Rights & Reciprocity): Limits the right to vote and stand for election (Article 23) to Spanish citizens, with an exception for municipal elections where foreigners may participate based on the principle of reciprocity and established treaties.

Article 13.3 (Extradition): States that extradition is granted only under law or treaty and requires reciprocity; it strictly prohibits extradition for political offenses, explicitly clarifying that acts of terrorism are not considered political.

6– Law 39/2015 – Common Administrative Procedure of Public Administrations (Spain)

Law 39/2015 regulates the common administrative procedures followed by all public administrations in Spain. The law establishes the framework for how administrative actions and decisions must be carried out, ensuring legality, transparency, and protection of citizens’ rights. Key elements include:
Procedures for submitting administrative applications, including formal requirements and documentation.
Rules for appeals and deadlines, including the timelines for administrative responses and when administrative silence is deemed rejection or acceptance.
Procedures for notifications to interested parties and how they are served
Rights of individuals and organizations during administrative procedures, including access to information, respectful treatment, and electronic communication with public bodies.
In addition to these core aspects, the law also regulates the use of electronic means in administrative relations, official languages in procedures, record‑keeping, and the general organization and guarantees of administrative actions by public bodies in Spain.

7- Organic Law 4/2000 – Foreigners’ Rights and Liberties in Spain

Organic Law 4/2000 defines who is considered a foreigner in Spain and establishes their fundamental rights and freedoms. Under this law, foreigners are entitled to equal treatment with Spanish nationals in key areas, including the right to:
Identity documentation and legal status records.
Freedom of movement and choosing residence.
Participate in public life and, in some cases, local elections.
Gather and associate with others.
Access education at all levels.
Work and contribute to the Social Security system.
Some groups, such as diplomats and staff of international organizations, are excluded from certain provisions due to international agreements. This law is part of Spain’s legal framework for integrating foreigners into Spanish society and protecting their rights

8-4/2000 on Rights and Freedoms of Foreigners in Spain (Ley de Extranjería)

What it covers:
Special residence permits for victims of human trafficking
Special protection for survivors of gender-based violence
Access to social services, healthcare, and legal assistance
The maximum time for authorities to respond to applications is 3 months from the date of submission.
If no response is given within this period, the application may be considered rejected (in some cases).
Renewals & Extensions:
Applications for:
Residence renewal
Work permit renewal
Long-term residence
Must be processed within 3 months.
If no response is given → the application is considered approved.

Modifications:
Requests to modify:
Work authorization
Territorial limitations
Must be processed within 1 month.
If no response is given → the application is considered approved.
Short-stay visa procedures may have shorter deadlines according to EU regulations.

9-1951 Geneva Convention Relating to the Status of Refugees

The 1951 Geneva Convention Relating to the Status of Refugees (and its 1967 Protocol) is the core international treaty defining who a refugee is and the fundamental rights refugees are entitled to. It sets international protection standards, including the principle of non‑refoulement (not returning refugees to danger), and outlines rights such as access to employment, education, housing, legal protection, and freedom from discrimination. Countries that have ratified the Convention (including Spain) are legally obligated to protect refugees under these standards.
In addition, the EU Qualification Directive complements the Convention in European Union law by specifying criteria for refugee status and subsidiary protection. EU member states, including Spain, must apply both instruments when determining international protection and refugee rights within their territories

10-Article 25 – Requirements for Entry into Spanish Territory

What it covers:
Foreigners must enter Spain through authorized border points.
Must carry a valid passport or travel document recognized under international agreements signed by Spain.
Must not be subject to any express entry bans.
Must present documents justifying the purpose and conditions of their stay.
Must prove sufficient financial means for the intended period of stay, or be legally able to obtain them.
Visa requirement:
Normally, a visa is required unless otherwise provided by international agreements or EU law.
No visa is required if the foreigner holds a foreigner identity card or, exceptionally, a re-entry authorization.