Spain is preparing significant changes to its asylum and immigration laws as the country adapts its legal framework to the European Pact on Migration and Asylum (EU Pact).
Following the approval of two preliminary draft laws by the Spanish Council of Ministers, the government is moving toward a new legal framework for international protection and certain immigration procedures.
The proposals include replacing the current Asylum Law 12/2009 and partially reforming Spain’s Immigration Law to introduce new rules concerning asylum applications, border screening, international protection, appeals and return procedures.
However, these reforms are not yet in force. Both texts are still progressing through the legislative process and may be amended before final approval.
Below, we explain the main proposed changes and what they could mean for Spain’s asylum and immigration system.
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Marfour International Law Firm – Immigration Department
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Spain’s New Asylum Law: What Could Change?
One of the most significant proposals is the replacement of Asylum Law 12/2009 with a new legal framework.
The reform aims to modernize Spain’s asylum system, address regulatory shortcomings and bring Spanish legislation into line with the European Pact on Migration and Asylum.
Some of the main proposed changes include:
Accelerated Asylum Procedure
The draft introduces an accelerated procedure for certain asylum applications, with a maximum processing period of three months.
The objective is to speed up the resolution of cases and help reduce administrative backlogs within the asylum system.
New Border Procedures
The proposal also introduces specific procedures for asylum applications handled at Spain’s external borders.
Under the proposed framework, certain applicants may be required to remain available to Spanish authorities in designated police facilities for a maximum period of 12 weeks before formal entry into Spain is authorized.
Expanded Grounds for International Protection
The proposed law would also update the criteria used to determine eligibility for refugee status and subsidiary protection.
In particular, the framework would explicitly recognize persecution related to gender, gender identity or expression, and disability when assessing applications for international protection.
Changes to the Asylum Appeals Process
Another important proposal concerns how asylum decisions can be appealed.
The reform would simplify the appeals process by eliminating the mandatory prior administrative review in relevant cases. Applicants would instead be able to appeal directly before the administrative courts, potentially shortening the overall litigation process.
Clarification of Residence Status and Rejected Applications
The draft also clarifies the legal position of asylum applicants while their applications are being processed.
Admission of an application for processing would not automatically grant the applicant a formal residence permit.
If an application is ultimately rejected, the decision would also include an obligation to leave Spanish territory.
Proposed Changes to Spain’s Immigration Law
Alongside the new Asylum Law, the Spanish government has proposed a partial reform of Organic Law 4/2000, commonly referred to as Spain’s Immigration Law.
These amendments are more specifically focused on implementing EU requirements concerning external borders and irregular entry into Spain, rather than representing a complete reform of Spain’s general immigration and residence system.
The main proposals include:
New Border Screening Mechanism
A mandatory initial screening procedure would be introduced before entry into Spanish territory is authorized in applicable cases.
The screening process would include:
- Medical evaluations
- Early identification of vulnerabilities
- Identity verification
- Biometric registration
- Security checks
The objective is to establish an initial assessment before determining the appropriate immigration or international protection procedure.
72-Hour Screening Period
Although EU regulations allow the initial screening process to last for up to seven days, the Spanish proposal establishes a standard maximum period of 72 hours.
This period could only be extended with justified judicial authorization.
Fast-Track Border Return Procedure
The reform also proposes an expedited return procedure for individuals who enter Spain irregularly and do not qualify for international protection.
Under the proposed framework, the procedure would have a maximum resolution period of 12 weeks.
What Could These Changes Mean for Foreign Nationals in Spain?
These reforms primarily concern international protection, asylum, border procedures and irregular entry into Spain.
They should therefore not be understood as a complete overhaul of Spain’s general residence and work permit system.
For asylum applicants, however, the proposals could introduce significant changes, including faster procedures, new rules for applications handled at Spain’s external borders, changes to the appeals process and clearer rules concerning protection and return decisions.
The final wording of the legislation may still change as the proposals move through the legislative process.
Are Spain’s New Asylum and Immigration Changes Already in Force?
No. It is important to distinguish between the proposed reforms and the immigration and asylum rules currently in force in Spain.
Both texts are currently at the preliminary draft law stage (anteproyectos de ley), following their first reading by the Council of Ministers.
Before they can be submitted to the Spanish Parliament (Cortes Generales) for debate and potential amendments, the proposals must undergo the required consultation and reporting procedures involving the relevant state bodies.
This means that the measures described above should currently be understood as proposed changes rather than rules that are already in effect.
What Happens Next?
The proposed legislation represents an important step in Spain’s implementation of the European Pact on Migration and Asylum, but the legislative process is not yet complete.
As the proposals move through the required consultation, approval and parliamentary stages, amendments may be introduced before the final legislation enters into force.
At Marfour International Law Firm, our team will continue to monitor these legislative developments and their potential impact on immigration, international protection and international mobility in Spain.
