Consulta     13/09/2021

Formulada por: demro

Familia reagrupación

Descripción: Hello,

I obtained a political asylum residency in Spain for 5 years and I want to bring my parents here to come and visit me whenever they want and I want them to have residency here too since I can not go to Egypt to visit them, and I am not supporting them financially.

How can I do that? And where to start?

Thank you

Nacionalidad: Egipto

País de residencia: España

Provincia: Barcelona

Respuesta 15/09/2021

Aportada por: Emma García Álvarez

Su tarjeta de presentación: Asesora Jurídica Protección Internacional.

Enunciado de respuesta:

 

Good afternoon Demro:

I am Emma, ¿¿a lawyer for the Red Cross Refugee Assistance Program.

If what you want is a visit from your parents as tourists, you can always request with your residence permit, an invitation letter so that they can enter Spain for a maximum period of 90 days. Once this period is over, they must challenge their country.

Another option is that with your asylee status you request family extension, regulated in article 40 of the asylum law: The restoration of the family unit of refugees and beneficiaries of subsidiary protection may be guaranteed by granting, respectively, the right asylum or subsidiary protection by family extension, in the following cases:

a) Ascendants in the first degree who prove the dependency and their descendants in the first degree who were minors, the right to family extension being excepted in cases of different nationality.

The family relationships of the ascendants and descendants must be established by means of the scientific tests that are necessary, in cases where that kinship relationship cannot be determined without doubt.

It is true that it is a slow process that takes several years.

Another option is that once they are in Spain they apply for asylum as long as they have a reason for those included in article 3 of the aforementioned law. Refugee status is recognized for any person who, due to well-founded fears of being persecuted for reasons of race, religion, nationality, political opinions, belonging to a certain social group, gender or sexual orientation, is outside the country of their nationality. and cannot or, because of said fears, does not want to avail himself of the protection of that country, or of the stateless person who, lacking nationality and being outside the country where he previously had his habitual residence, for the same reasons cannot or, to cause of these fears, does not want to return to it, and is not involved in any of the causes of exclusion of article 8 or of the causes of denial or revocation of article 9.

You must bear in mind that if they enter Spain with an invitation letter and include the return commitment, staying irregularly in the territory, the person who wrote that letter may be exposed to high fines.

If they are not being persecuted for any of the above reasons and their life is safe in Egypt, perhaps the most sensible thing is that they come to visit you as tourists and fulfill their return commitments to be able to visit you on future occasions.

I hope I have answered all the doubts,

Greetings.