The New Immigration Regulations 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, which updates elements of the asylum process, establishes that the time a foreign individual has spent in Spain awaiting the resolution of their asylum application – and working regularly – will not count towards applying for a residence permit through the arraigo.
In this way, if the asylum application is denied, immediate access to the residency permits based on ties is not possible, as all the time spent living and working in Spain while the asylum case is being reviewed will not count towards demonstrating ties to the country.
“They will have to survive without documents for at least two years before they can apply for a residence permit,” specifies El Diario in a note.
However, the Ministry of Inclusion, Social Security, and Migration incorporated into the regulation a temporary pathway that allows, for one year, individuals to apply for residency after being in an irregular situation for six months, instead of the two years required by the new law.
To do this, a firm negative or dismissive resolution is needed before May 20, 2025, and a minimum of six months in an irregular situation before submitting the application.
Applications may be submitted only from May 20, 2025, to May 20, 2026.
The new regulation establishes five types of residency that allow foreigners to regularize their status.
Among them is the Social Roots residency, for which two years of continuous residence is required instead of three to apply for this category. It is necessary to demonstrate family ties with legal residents or present a social integration report.
Figure the Sociolaboral Rooting for which, in addition to the two years of residency, a work contract is needed. The reform reduces the minimum required weekly hours from 30 to 20.
For Socioeducational Integration, two years of residency are required, along with a commitment to pursuing studies in fields in demand by the job market.
The Second Chance Residency Opportunity is aimed at those who lost their residency 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 length 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 from the Spanish authorities between January and 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 over half compared to the previous year; however, very few were resolved favorably for the individual.
A report from the Spanish Commission for Refugee Assistance (CEAR) revealed that in 2023, there were 3,082 applications from Cuban emigrants, compared to 1,392 in 2022, representing a 54% increase.
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 were denied, and 350 were closed.
The Spanish government claims that Cubans emigrate for economic reasons, without officially recognizing the Cuban regime as a dictatorship or a nation in crisis. As a result, the number of successful asylum applications is very low.
Frequently Asked Questions About Immigration Reform in Spain and Its Impact on Cubans
The new Immigration Regulation in Spain makes it more difficult for Cubans who receive a negative response to their asylum application to regularize their legal status, as the waiting time does not count towards residency. However, there is a transitional process that allows those who have been in an irregular situation for six months to apply for residency after one year.
The regulation introduces five types of residency: Social Residency, Socio-Laboral Residency, Socio-Educational Residency, Second Chance Residency, and Family Residency. Each has specific requirements, such as length of residence, family ties, or commitments to work or education.
Despite the increase in asylum requests from Cubans, Spain rejects many of these petitions, arguing that Cubans emigrate mainly for economic reasons rather than for political persecution. This results in very few applications being approved favorably.
Undocumented Cubans can benefit from the new regulation through the concept of residency, especially if they have been in an irregular situation for at least six months before May 20, 2025, which would allow them to regularize their status in a shorter period of time.