Yesterday, a Clarification Note was published regarding the Fifth Transitional Provision of Royal Decree 1155/2024, which will come into effect on May 20, 2025.
FIRST: Regarding the condition of being in an irregular situation due to a firm denial or dismissal resolution in the administrative and, if applicable, judicial process of the international protection request.
Interested persons must have a firm denial of the asylum request or a dismissal of any appeal, and this resolution must be final.
- The withdrawal of the international protection request will not be accepted.
- Persons who withdraw their administrative appeal against the presumed denial (administrative silence) of the asylum request cannot benefit from this Provision, as this dismissal would not be final.
- Persons who withdraw their appeal against the express asylum resolution can benefit from this Provision.
The period of irregular stay will begin to count from the moment the withdrawal of the appeal is submitted, provided that two months have passed since the notification of the original express denial.
SECOND: Regarding the deadlines.
Applicants must have the final denial resolution of the asylum request or the dismissal of the appeal before May 20.
The minimum time the interested person must have stayed in Spain in an irregular situation due to the denial or dismissal resolution is 6 months immediately before submitting the application.
The deadline to submit these applications will be from May 20, 2025, to May 20, 2026, both dates included.