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IMPORTANT UPDATE FOR ASYLUM SEEKERS PLANNING TO APPLY FOR ARRAIGO STARTING MAY 20, 2025

Foto del escritor: Ángela Martínez GarcíaÁngela Martínez García

On January 30, 2025, the Secretary of State for Migration published a clarifying note on the Fifth Transitional Provision (DT 5ª) of Royal Decree 1155/2024, which regulates key aspects for the regularization of individuals in irregular situations following the denial of international protection.




What is the Fifth Transitional Provision (DT 5ª)?

The DT 5ª is a transitional measure that allows individuals who have received a final decision of denial or rejection of their application for international protection to apply for a residence permit in Spain.


In what cases can I apply for "Arraigo" if I have been an applicant for international protection?


BEFORE MAY 20, 2025, you must meet one of the following conditions:


  • Asylum seekers who have received a final decision of denial.

  • Asylum seekers who have received a final decision rejecting any appeal (administrative or judicial).

  • Asylum seekers who received a denial decision, filed an appeal against it, and subsequently withdrew that appeal.



VERY IMPORTANT:

Withdrawing an application for international protection is not permitted. This means that if you choose to withdraw your asylum application, you will not be eligible to apply for "Arraigo" based on that situation. In other words, withdrawing your asylum application does not grant you the right to apply for "Arraigo," as this option is only available to those who have received a final denial decision or have withdrawn an appeal against an explicit denial.


What deadlines should I keep in mind to apply for "Arraigo" starting May 20, 2025?

  1. If you have received an asylum denial decision: 8-MONTH WAITING PERIOD.

    - What should you do? If you have received a denial decision for your asylum application, you must wait 8 months from the notification of this denial before submitting your "Arraigo" application.

    - Why 8 months? The denial is considered final after 2 months from its notification (the period allowed for filing appeals). From that point, you must remain in an irregular situation in Spain for at least 6 additional months before applying for "Arraigo."

    2 months (until the denial becomes final) + 6 months (irregular stay) = 8 months in total.


  2. If you have withdrawn an appeal against the asylum denial: 6-MONTH WAITING PERIOD.

    - What should you do? If you withdrew the appeal you filed against the denial of your asylum application, you must wait 6 months from the date your withdrawal was registered before applying for "Arraigo."

    - Why 6 months? Withdrawing the appeal makes the denial immediately final, provided at least 2 months have passed since the initial denial notification. From that point, you must remain in an irregular situation for 6 months before submitting your "Arraigo" application.



Summary of deadlines:

Situation

Waiting period

Explanation

Asylum denial resolution

8 months

2 months for the denial to become final + 6 months of irregular stay.

Withdrawal of appeal against denial

6 months

6 months of irregular stay (the denial becomes final after withdrawal).


When can I submit the "Arraigo" application?

Applications for "Arraigo" under this transitional regime can be submitted between May 20, 2025, and May 20, 2026. Ensure that you meet the required waiting periods mentioned above before submitting your application.


What happens if I do not meet the requirements of DT 5ª?

Those who do not meet the requirements of DT 5ª may choose to apply for a residence permit for exceptional circumstances based on "Arraigo," in accordance with Articles 126 and 127 of the Immigration Regulations. However, this option requires having lived in Spain in an irregular situation for 2 YEARS prior to submitting the application.



Conclusion:

If you have received an asylum denial or withdrawn an appeal, it is essential to carefully plan the timelines to apply for "Arraigo" starting May 20, 2025.

Remember that, depending on your situation, you will need to wait 6 or 8 months before submitting your application.


At Caley Abogados, we are here to help you. If you have any questions or need advice, don’t hesitate to contact us. We’ll guide you every step of the way!



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