Тимчасовий захист: Іспанія

In the event of a mass influx of displaced persons from third countries, an exceptional procedure is triggered, for example for displaced persons from Ukraine who cannot return to Ukraine. The Directorate-General for International Protection (DGProInt) processes the requests through an urgent procedure and resolutions are issued within 24 hours. Registration The registration of an application for temporary protection takes place in person at the Reception and Referral Centres of the Ministry of Inclusion (CREADE) in the provinces of Madrid, Malaga, Barcelona and Torrevieja (Alicante) and at the provincial and local police stations of the national policy (see list). To apply for temporary protection and have access to reception, a person must book an appointment with a CREADE Centre in the dedicated contact lines available here. Applications for the appointment can be submitted online on the Ministry of the Interior's website. Instructions on how to apply for an appointment online are available here; however, applicants must attend the appointment in person and identify themselves with the national police. People who wish to apply for temporary protection and reside in a province where a reception and referral centre is not available can register an application at a designated provincial or local national police station. For minors under the age of 18 who are accompanied by an adult who is responsible for them, the request is formalised on their behalf by the person in charge. On the day of the registration, proof of a request for temporary protection is issued, which includes the person’s main details, the foreigner identification number (NIE), a picture and a fingerprint. This document allows the person to legally stay in Spain and receive corresponding reception services. Documentation: People applying for temporary protection must provide documentation, such as identity and travel documents, proving that they are in any of the situations in which the temporary protection applies. Supporting documents for family ties include marriage certificate, birth certificate, adoption certificate and any other essential information to prove that the requirements for temporary protection are met. Persons subject to temporary protection procedures are exempt from paying fees. Residence permit Applications for temporary protection are processed through an urgent procedure by the DGProInt. Pursuant to the provisions of the national legislation, applicants for temporary protection must fully collaborate during the procedure, which may exceptionally include conducting a personal interview if necessary. Upon a decision, the Minister of the Interior issues a resolution on the request granting or denying protection within 24 hours from the date of the registration. The decision is notified to the applicant electronically, by post, in person, and ultimately, by publication in the Official State Gazette (BOE). The notification letter is issued only in Spanish, although the page to download it is available also in English and Ukrainian. Issuance of residence permit: If temporary protection is granted, the beneficiary is issued a residence permit in the form of a foreigner’s identity card (T.I.E.) which is provided by the foreigner’s office of the police. The resolution includes instructions for the beneficiary on how to obtain the documentation. Appointments for the application must be scheduled online. A guide on the process is available here. The residence permit is valid for 1 year and may be automatically renewed for another year, provided that there is no decision on termination by Ministry of the Interior. The resolution granting temporary protection also includes a residence authorisation and, when applicable, a work permit. Work authorisation is issued only to beneficiaries aged 16 or older. Renewal/extension: Temporary protection and therefore the residence and work authorisation are automatically extended for another year at the end of the first year of the protection’s validity, unless the competent body has declared temporary protection as terminated. A beneficiary of temporary protection must obtain an appointment at the immigration office in order to process the foreign identity document (T.I.E.). The T.I.E. is valid until 4 March 2026. By Order INT/169/2024 of 26 February, plus the latest extension approved by the Council of the EU on 15 July of 2025, the validity of a foreigner's identity card issued to displaced persons from Ukraine was extended until 4 March 2025 and they do not need to get a new identity card. Legal aid Not applicable, the procedure is automatically approved. Appeal A decision on temporary protection can be appealed, in accordance with Article 5.2. of the Order PCM/169/2022 of 9 March 2022, which contains the procedure for the recognition of temporary protection for persons affected by the conflict in Ukraine. It states: “The decision shall terminate the administrative procedure and shall be subject to appeal by means of an optional appeal for reversal and an appeal to the contentious-administrative jurisdiction”. A judicial appeal (recurso contencioso administrativo) may be brought against the decision rejecting temporary protection before the National High Court within 2 months from the date of notification of the decision. The filing of an appeal, whether administrative or judicial, does not automatically suspend the enforcement of the decision. A suspension must be requested, and its granting will depend on the weighing of the interests at stake and a preliminary evaluation of the case’s merits, as assessed by the competent authority. If the appeal is administrative, this is established in Article 117 of Law 39/2015 of 1 October (Administrative Procedure Act). If it is judicial, it is regulated in Articles 129 and onward of Law 29/1998 of 13 July (Administrative Jurisdiction Act). Before challenging the decision in court, the person may submit an optional appeal for a reversal (recurso potestativo de reposición) before the same authority that issued the contested administrative decision (the Minister of the Interior). The deadline for filing this appeal is 1 month. It does not have automatic suspensive effect, but a suspension may be requested. The Ministry of the Interior must decide on the appeal within 1 month. Decisions related to the reception of temporary protection beneficiaries can also be appealed administratively and judicially. Exclusion The grounds for exclusion from temporary protection are laid down in Article 12 of the Spanish Temporary Protection Regulation. According to the provisions of national legislation, temporary protection may be denied when there is a justified reasons to consider that the person: Has committed a crime against peace, a war crime or a crime against humanity, as defined in the international instruments developed to respond to such crimes. Has committed a serious common crime outside the Spanish State before being admitted to it as a beneficiary of temporary protection. The seriousness of the persecution to be expected must be considered in relation to the nature of the crime allegedly committed by the person concerned. Especially cruel actions, even if they have been committed with a purportedly political objective, may be classified as serious common crimes. This is valid both for the participants in the crime and for the instigators of it. Has been guilty of acts contrary to the purposes and principles of the United Nations. When there are well-founded reasons to consider that the person represents a danger to national security or when, due to having been the subject of a final conviction for a particularly serious crime, he constitutes a threat to public order. The assessment of the reasons are based solely on the behaviour of the person and respect the principle of proportionality. Termination/Withdrawal National legislation provides for the revocation, termination and cessation of temporary protection, which are laid down respectively in Articles 12, 7(2) and 23, and 24 of the Spanish Temporary Protection Regulation. The grounds for revocation of temporary protection are laid down in Article 12, according to which, the Minister of the Interior, at the proposal of the Interministerial Commission for Asylum and Refuge, will revoke temporary protection when any of the following cases occurs: Proof of non-compliance with the requirements established for temporary protection (e.g. protection has been obtained through data, documents or statements whose lack of veracity); Supervening concurrence of any of the causes of refusal foreseen in case of massive influx of displaced persons (e.g. person has committed a crime against peace, a war crime or a crime against humanity, or when there are well-founded reasons to consider that the person represents a danger to national security). The resolution will put an end to the administrative procedure, and it will be subject to an appeal for reconsideration with a discretionary character (optional appeal for reversal) and an appeal before the contentious-administrative jurisdiction. The grounds for termination of temporary protection are laid down in Article 7(2) and Article 23, according to which the Ministry of the Interior may terminate protection at any time, at the proposal of the Interministerial Commission for Asylum and Refuge, when the conflict that gave rise to it is resolved and conditions favourable to return exist. If so, the decision is communicated to the parties at the time of renewing the residence permit, who will have a period to formulate the allegations they deem appropriate against the decision. The grounds for cessation of temporary protection are laid down in Article 24, according to which the Minister of the Interior shall agree to the cessation of temporary protection, at the proposal of the Interministerial Commission for Asylum and Refuge, for the following reasons: Expiration of the 1-year protection; When the beneficiary of temporary protection has obtained Spanish nationality; When the beneficiary of temporary protection voluntarily decides to return to the place of origin and expressly states so before the government authority; By express resignation of the beneficiary or tacit resignation; When the beneficiary is transferred to another EU Member State as part of family reunification. The resolution will put an end to the administrative procedure and will be subject to an optional appeal for reversal and to judicial review before the contentious-administrative jurisdiction.