As a result of the armed conflict between Russia and Ukraine, many Ukrainian citizens have been forced to flee their country and seek safety in other states.
What is the legal status of Ukrainian citizens who cross borders while fleeing the war?
The Spanish Constitution enshrines what is known as the "right to asylum" — the right to seek international protection as a refugee outside one's country of origin or habitual residence. This right applies where a person flees a conflict that puts their life at risk, or where there are well-founded fears of persecution on grounds of race, religion, nationality, political opinion, or membership of a particular social group.
Asylum is, in fact, an internationally recognised human right, protected both by the Universal Declaration of Human Rights and the Geneva Convention.
How is the application process handled?
In Spain, the requirements and procedure to be followed are set out in the Law governing the right to asylum and subsidiary protection.
With the Russian military invasion of Ukraine, it appears that the minimum requirements for Ukrainian nationals to apply for asylum in Spain are met. However, it is important to note that each state may establish, under its domestic legislation, the specific conditions governing the application process.
What should Ukrainian citizens bear in mind when applying for asylum in Spain?
We must consider two different situations, depending on whether the foreign national is already in Spain or not.
If the person is at the border but has not yet entered Spanish territory, they must submit their asylum application at the border crossing point itself. If, on the other hand, the foreign national is already in Spain, the application must be submitted to the Office for Asylum and Refuge (OAR), at any Foreigners' Office, at an authorised Police Station, or at an Immigration Detention Centre.
It is worth noting that the absence of identity documents does not constitute an obstacle to applying for international protection.
What rights do people recognised as refugees have?
Initially, applicants receive a "white card", which is a receipt confirming that their asylum application is being processed for admission. It assigns a Foreigner Identity Number (NIE) and authorises the holder to work for up to six months from the date the application for international protection was formally submitted. It can be renewed, at which point it becomes a "red card", valid until a decision is reached on the application.
In the meantime, the asylum seeker is entitled to:
- Remain in Spanish territory, unless extradition is requested by another European Union member state or by an International Criminal Tribunal.
- Access healthcare when needed.
- The right to free legal assistance.
- The right to interpreter assistance to understand the language.
- The right to have their application communicated to the United Nations High Commissioner for Refugees (UNHCR) in Spain.
- The right to be kept informed of the status of their file and to receive documentation as an applicant for international protection.
Cristina González Nájar
Lawyer
