Spain: Information for stateless people and those at risk of statelessness fleeing Ukraine
3. STATELESSNESS DETERMINATION AND PROTECTION STATUS
For stateless people, it is important to determine both a claim for international protection and their
statelessness. Each application should be assessed and both types of status should be explicitly recognised so
that even if international protection ceases, the person remains entitled to protection as a stateless person.
Statelessness determination should be conducted either in parallel with or following the refugee status
determination, with due regard to the primacy of the asylum claim and the principle of confidentiality for
refugees in statelessness determination procedures. For more information, see: ENS briefing on statelessness
determination & protection in Europe.
Spain has a dedicated Statelessness Determination Procedure and statelessness protection status. The
procedure is summarised in the table below. For more information, see: ENS Statelessness Index Spain.
What is it?
Can stateless and/or
undocumented persons
apply?
Where to apply?
Procedure & rights
Rights upon recognition
Statelessness Status
Protection for a person who is not considered as a national by any State
according to its laws
Yes
At the Asylum and Refugee Office (OAR) in Madrid, or any police station or
immigration office around the country; applications may not be submitted at
the border nor from immigration detention centres
Submit the application form (only in Spanish); provide evidence of lack of
nationality; individual interview only if deemed essential; interpreter; decision
in writing with reasons within three months (often delayed); right to appeal;
application reviewed by the OAR and decision from the Ministry of Interior;
applicants to not have the right to stay in Spain, nor the right to work and are
not explicitly protected against deportation; may be granted temporary
residence, an identity card (‘green card’), and receive support under the
asylum reception system; access to free legal aid, psychologists,
accommodation, and financial support
Permission to stay and indefinite right to reside; foreigner’s identity card
(Tarjeta de Identitad de Extranjero) and travel document must be renewed
every five years; right to family reunification; work; education; social security;
healthcare; no right to facilitated naturalisation (must reside in Spain for 10
years with continuous and legal residence)
4. REQUIREMENTS FOR ONWARD TRAVEL TO THIRD COUNTRIES
Beneficiaries of international protection, humanitarian protection, and temporary protection with a travel
document, as well as recognised stateless persons in Spain, may travel to third countries. Beneficiaries of
temporary protection will be issued a travel document if they give evidence of the need to travel and have no
passport or other documentation, or if their existing documentation has expired. If not granted access to any
other EU Member State, they will be entitled to return to Spain.
5. OTHER RELEVANT INFORMATION
Refugee Reception Centres (CAR) provide accommodation, food, and urgent and primary psychosocial
assistance, as well as other social services aimed at facilitating the integration of asylum-seekers in Spain and
supporting those applying for refugee or displaced person status who lack financial means. For more
information, see Refugee Reception Centres, Service Charter.