The Supreme Court rules: asylum and residency cannot go hand in hand

The Supreme Court has issued a landmark ruling that changes the game for many foreigners in Spain. So take note: those seeking international protection—asylum, in other words—cannot simultaneously apply for legalization based on social or employment ties. These are two paths that do not intersect, says the high court. And it makes that crystal clear.

This decision will be felt most acutely by those who have been here for years without papers—those who see asylum as a temporary solution while they meet the requirements for residency based on social or employment ties. Until now, some local authorities turned a blind eye or allowed people to pursue both processes simultaneously. Well, the Supreme Court has settled the matter: it’s not allowed. Period.

And what does this mean in practice? Well, if you’ve applied for international protection, your application for regularization based on social or employment ties will be put on hold—or rejected outright. The court holds that applying for asylum implies acknowledging that you are not in a regular status, and that conflicts with the requirements for ordinary regularization. It makes sense, but until now, some people were still trying.

Experts—and I’ll never tire of saying this—recommend that you carefully weigh what’s best for you. If you have compelling grounds for asylum, go for it. But if your goal is a residence permit based on long-term residence, it might be better for you to withdraw your asylum application before it’s denied and a deportation order is issued. That’s not the plan.

The ruling is now final. So the administrative courts and the government subdelegations will begin enforcing it immediately. If you’re in this situation, find a lawyer who specializes in immigration law. And don’t trust agents who promise you otherwise—there are plenty of them out there.

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