legal and social conditions for asylum seekers and refugees in ...

As a rule, applicants from abroad are not allowed to come to Spain until they are granted asylum,
however exceptions can be made under especially compelling circumstances requiring an urgent
transfer to Spain.
Family reunification
Convention status refugees: according to Section 10 of the Asylum Act, refugee status may be
extended to a refugee's spouse or partner with similar relationship, his/her parents and children,
except in cases of legal or de facto separation (of the couple), divorce, coming of age or leaving
the household, in which the situation of each member of the family will be examined separately.
Based on Section 34 of the Asylum Regulation, however, refugee status cannot be granted if the
marriage or the stable partnership has been contracted after recognition of refugee status. In
such cases, the spouse or partner is only entitled to a residence permit under the general
provisions of the Aliens Law. They may, however, apply for asylum separately on their own
merits. Persons under the circumstances contemplated in Articles 1F and 33(2) of the 1951
Geneva Convention cannot benefit from family reunification.
Although there is no specific legal rule regarding polygamous marriages, the practice – similar to
the one followed for family reunification under the Aliens Act – is to limit the benefit of the
extension of the refugee status to one spouse, chosen by the refugee. Nevertheless, in these
cases, separate asylum claims submitted by the other spouses are usually accepted.
The administrative procedure for family reunification under Section 10 of the Asylum Act is similar
to the ordinary asylum procedure: the case is studied by the OAR, then forwarded to the CIAR
which submits the proposal to the Minister of Interior. In these cases, the OAR officers limit their
investigation to verifying the existence of the alleged family ties and the non-applicability of the
exclusion clauses. No financial or time conditions are required. Negative decisions may be
appealed to the National High Court as with any other decision made on asylum matters.
Information on any other relatives and situations must be processed under the provisions of the
general legislation on aliens (see below).
Persons with leave to remain on humanitarian grounds are subject to the general rules for family
reunification under the provisions of the Aliens Act, which include strict time limits and financial
conditions. According to Sections 16 and 17 of the new Aliens Act, the following categories are
entitled to family reunification with a foreigner lawfully residing in Spain:
– the resident’s spouse, if the couple is not legally or de facto separated or divorced, and
providing that it is not a marriage of convenience. Reunification is allowed only for one spouse,
even if polygamy is legal in the foreigner's country of nationality. In case of divorce and
subsequent new marriage, reunification for the new spouse will only be possible if it is proven that
the divorce was settled through a legal procedure establishing the rights regarding housing and
allowances for the former spouse and minor children.
– the resident's and his/her spouse's unmarried children under 18.
– the persons under the resident's guardianship.
– the parents and other ancestors economically dependant on the resident, if there are reasons
to support their transfer to Spain.
– any other relative whose reunion with the resident is necessary on humanitarian grounds.
Time and financial conditions for family reunification are defined in the Aliens Regulation of 1996
and the procedure is established by an Order of January 1999. However, these provisions are no
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