If you’re wondering whether you can withdraw your asylum application and apply for residency in Spain, you should know that it is possible. Now, it’s possible to obtain labor residency if you’re an asylum seeker, and you can apply for it by presenting the withdrawal receipt of your asylum application. In this article, we’ll explain in detail how you can do it.
Renouncing Asylum to Apply for Labor Residency
To obtain labor residency, individuals must have been legally residing in Spain for two years and have worked legally in the country for at least six months. However, if you haven’t reached the required six months through renewals or a «white card,» and your asylum has been denied, you can file an appeal to work and reach the six-month requirement. This way, you can continue to stay legally in Spain. As you may know, to apply for labor residency, you must be irregular in the country. This means that if you’re seeking asylum, you can’t apply for labor residency unless you withdraw your asylum application. In that case, you can apply for labor residency.
To start the labor residency process, you only need to present the receipt of asylum withdrawal. However, it’s also crucial to consider changes in the interpretation of asylum seekers.
How to Withdraw Political Asylum
To withdraw asylum, you’ll need to go to the corresponding immigration office and state that you want to withdraw your asylum to apply for another type of residency. Then, the administration will activate your request. Once you’ve withdrawn asylum, you can begin to apply for labor residency.
Filing a Withdrawal of Asylum Request in Spain
This request allows any asylum seeker or international protection applicant to voluntarily withdraw or terminate their asylum application. The applicant or an authorized representative can submit this request to withdraw asylum in Spain.
The request has specific requirements that must be fulfilled:
- Place and date of signing the request.
- Details of the asylum case to be withdrawn.
- Date when the asylum process was initiated.
- Date of the withdrawal.
- Explanation of the reason for wanting to terminate the asylum process.
Once the request is completed, the person wishing to withdraw from the asylum process or their representative must sign it and submit it through any public registry or via REDSARA.
Requirements to Apply for Labor Residency
These are the requirements for labor residency that you must meet once you have withdrawn your asylum application:
- Not be a citizen of the European Union, European Economic Area, or Switzerland.
- Have no criminal record in Spain or in countries where you have resided in the last 5 years.
- Not be prohibited from entering Spain or appear as inadmissible in countries with which Spain has signed an agreement.
- Have been continuously in Spain for at least 2 years.
- Demonstrate that you have met the minimum requirement of 6 months of employment through a work history certificate.
Documents Required for Obtaining Labor Residency
These are the documents you must submit to obtain labor residency:
- Application form (EX-10).
- Complete copy of your passport.
- Documentation demonstrating that you have been continuously in Spain for two years. This documentation can include a certificate of residency, medical consultations or hospitalizations, among others.
- Certificate of criminal record.
- Documentation verifying your employment relationships.
- Payment of the fee.
Advantages of Labor Residency
With labor residency, you will enjoy the following benefits:
- You will be legally in Spain.
- You will have the possibility to modify your authorization under exceptional circumstances, such as labor residency, to an initial authorization for residence and work, either as an employee or self-employed.
- The years you spend with this permit will count towards obtaining Spanish nationality.
Summary on Withdrawing Asylum and Applying for Labor Residency in Spain
It is essential to carefully consider your decision before proceeding, as if you withdraw your asylum application to obtain labor residency but fail to meet any requirement or lack necessary documents, you may encounter problems as you will be irregular in the country. Therefore, we recommend that you carefully read the requirements and documents needed to apply for labor residency and, above all, think carefully about whether you want to withdraw your asylum application.
Marta Palacios Cuesta is the founder and principal consultant of Es Abogado Extranjería, a law firm specializing in immigration law in Madrid and Seville. With an impressive academic background, Marta offers expert advice on immigration procedures, residency processes and obtaining Spanish nationality. Committed to providing personalized and up-to-date solutions, her firm stands out for its detailed and professional approach. If you need legal guidance regarding your status in Spain, contact Marta for a personalized consultation at Es Abogado Extranjería.