The New Immigration Regulation in Spain, which will come into effect on May 20, leaves Cubans without legal options if they receive a negative response to their asylum applications.
The regulation that updates elements of the asylum process states that the time a foreigner has spent in Spain waiting for their asylum application to be resolved - and working regularly - will not count when applying for a residency permit through arraigo.
In this way, if the asylum request is denied, one cannot immediately access the residency permits by roots, since the entire time lived and worked in Spain while the asylum case is being reviewed will not count towards proving roots in the country.
"They will have to survive without papers for at least two years before they can apply for residency," specifies El Diario in a statement.
Nevertheless, the Ministry of Inclusion, Social Security and Migrations incorporated into the regulation a transitional pathway that allows, for one year, the option of applying for residency after having been in an irregular situation for six months, rather than the two years required by the new law.
To do this, a firm denial or rejection resolution is needed before May 20, 2025, and a minimum of six months in an irregular situation before submitting the application.
Applications may only be submitted from May 20, 2025, to May 20, 2026.
The new regulation establishes five forms of residency that allow foreigners to regularize their status.
Among them is the Social Roots program, for which two years of continuous residence is required, instead of three, to qualify for this modality. It is necessary to demonstrate family ties with legal residents or to submit a social integration report.
Figure the Sociolaboral Residency, for which, in addition to the two years of residence, a work contract is required. The reform reduces the minimum required weekly hours from 30 to 20.
For Socio-educational Attachment, two years of residence is required, along with a commitment to pursue studies in areas demanded by the labor market.
The Second Chance Residency Opportunity is aimed at those who lost their residence permit in the last two years. It allows for the renewal of the authorization if the requirements are met.
The Family Ties visa does not require a period of residence and is focused on individuals whose children were born in the European Union or in Spain.
Last year, 1,104 Cuban citizens applied for asylum with the Spanish authorities from January to August 2024.
However, although the number of asylum requests from Cubans in Spain is increasing, very few achieve their goal.
In the first half of 2024, applications increased by more than half compared to the previous year; however, very few were resolved favorably for the individual.
A report from the Spanish Commission for Refugee Aid (CEAR) revealed that in 2023, there were 3,082 applications from Cuban emigrants, compared to 1,392 in 2022, marking an increase of 54%.
Despite this growth, only 1,157 applications had been resolved, of which only 30 were granted refugee status. The remaining 1,127 received no protection: 777 due to unfavorable resolutions and 350 due to being archived.
The government of Spain claims that Cubans emigrate for economic reasons, without formally recognizing the Cuban regime as a dictatorship or a nation in crisis. As a result, there are very few successful asylum requests.
Frequently Asked Questions about Immigration Reform in Spain and Its Impact on Cubans
What does the new Immigration Regulation in Spain imply for Cubans seeking asylum?
The new Immigration Regulations in Spain make it more difficult for Cubans who receive a negative response to their asylum application to regularize their legal status, as the waiting period does not count towards residency. However, there is a transitional pathway that allows those who have been in an irregular situation for six months to apply for residency after a year.
What are the new residency categories introduced by the regulation?
The regulations introduce five categories of residency: Social Residency, Socio-Laboral Residency, Educational Residency, Second Chance Residency, and Family Residency. Each category has specific requirements, such as length of residence, family ties, or work or educational commitments.
Why are many asylum applications from Cubans rejected in Spain?
Despite the increase in asylum requests from Cubans, Spain rejects many of these applications, arguing that Cubans emigrate mainly for economic reasons rather than for political persecution. This results in very few requests being favorably approved.
How can undocumented Cubans benefit from the new regulations?
Undocumented Cubans can benefit from the new regulations through the concept of residency, especially if they have been in an irregular situation for at least six months prior to May 20, 2025, which would allow them to regularize their status in a shorter period of time.
Filed under:
