Asylum seekers may also benefit from exceptional regularization for those affected by the DANA without having to give previously their request for international protection. The Ministry of State for Migration has issued a communication to the foreigner offices of the provinces affected by the flood to clarify the application of the instruction approved last week in the Council of Ministers, which aims to grant a residence and work permit Exceptional to those who were registered in the municipalities affected by floods.
“The prior withdrawal of the request for international protection of people who are in such a situation will not be required to access one of these permit,” Zanja dings the general director of immigration management, Celsogonzález in internal communication.
The explanatory note has been sent hours after a meeting held this Friday between the head of the Foreigner Office of the Province of Valencia and several NGOs with the objective of responding to the doubts of the organizations about the application of the measure. From the Foreigner Office, under the Ministry of Territorial Policy, entities were notified that asylum seekers could take over regularization only if they officially abandoned their asylum procedure.
“It is possible to accept this procedure, but in any case, previously to request, it should submit the request for withdrawal of its international protection procedure that currently has. If this supporting is not submitted, your application will be denied, ”said the Foreigner Office in writing to some of the organizations. It was not so, as sources of inclusion had previously reiterated to Eldiario.es and other journalists.
The confusion has to do with the interpretation that the Ministry of Inclusion performs on the administrative situation of asylum seekers, who do not consider that they are in an irregular or regular situation, but under a “tolerated stay” while studying their request for asylum. With this approach, which comes from an interpretation of a judgment of the Supreme Court that has not sat in force in May.
The new standard will prevent asylum applicants whose request is denied accessing the road regularization in equal terms that people without papers, so they will have to remain irregular a minimum of two years until they can opt for a residence permit. This seeks to avoid the alleged “abuse” that some people make of the asylum system as a way to regularization, instead as a mechanism for the protection of those flee from persecution or conflict, according to ministerial sources.
For this reason, the Ministry of State for Migration emphasizes in the internal note sent to the foreigner offices to allow asylum applicants to access the extraordinary residence permit linked to the DANA is of “exceptional nature and outside the scope of the general regime of foreigner of residence permits ”.
Last week, the Council of Ministers gave the green light to the extraordinary regularization to which thousands of people without papers affected by the DANA can be hosted, after more than three months in which these migrants faced greater obstacles to get ahead after the flood without being able to access state state aid.
The initiative is part of a broader package of measures with which the Ministry of Inclusion intends to prevent foreign persons affected by the DANA “to suffer greater vulnerability” due to problems linked to their administrative situation, so it also includes automatic extensions of some authorizations of residence and work, to prevent thousands of affected from falling in hiding because of the consequences of the storm.
The extraordinary regularization will particularly benefit migrants or asylum seekers who are registered in the municipalities affected by the DANA or those who had an appointment to register in the register until November 4, 2024. The demand of the register has received criticisms of About twenty NGOs, because they argue that many people without papers find numerous obstacles to carry out such procedure. “If these demands are not attended, this initiative aimed at counteracting the lack of protection of people in an irregular administrative situation, would leave approximately 14,000 people out,” they have alerted this week in a statement.
Asylum seekers affected by the DANA who were not certain to receive a positive response to their request, but they still did not have a negative, they were in tension before their future. The additional provision with which the Government allows the applicants to give a term to access a residence permit, only let it take on it if they had a firm denial response, which left thousands of people who await out for the moment The response of his request to the constant delays of the Ministry of Interior in the study of applications,
This is the case of Nilka, a Colombian asylum seeker who worked as an internal caregiver when floods occurred. She and her daughter saved the elder she attended but, weeks later, she lost her job and stayed with hardly any aid by not being hired. Although he had a residence and work permit as a protection applicant, the new regulation was pushed to uncertainty because, in case of receiving a negative response from his petition, once the term established by the regulation is finished, he could be dedicated to waiting for two years in The irregularity until again having the opportunity to request a residence and work authorization.
“They just given me the red card (the official residence document and work of the asylum applicants), but hopefully I can opt for regularization, because with the new regulation I would have two years in black, and I cannot afford it,” he said, “he said To eldiario.es a few days ago the woman, who has not stopped working since her arrival in Spain. After clarifying his doubts, after days without knowing what he should do, he celebrated the news: “What happiness. Thanks to this regularization my daughter and I will have a better future. ”
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