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Consulta     03/11/2022

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Formulada por: Haas

Solicitud de información jurídica

Descripción: Hello.
My family and I (wife and 3 of our minor children) decided to leave the country due to disagreement with the foreign policy of the Russian government, after the announcement of mobilization in Russia. We decided to contact the Spanish Embassy after the announcement of the Prime Minister of Spain that Spain can receive Russian citizens who want to avoid mobilization. I was given a visa in a short time so that I could take the opportunity to come to Spain and apply for protection in the kingdom. Unfortunately, at that time my two children did not have valid foreign passports and we were not able to apply and obtain visas as a family at the same time. Now we are preparing documents for transfer to the visa center in Russia for my wife and children. My visa is valid from 10/28/2022. In connection with the above, I have three legal questions:
1. Is there an alternative to political asylum that one could avoid refugee status and still be able to work?
2. Are there cases like ours in Spanish immigration practice? Are you familiar with this?
3. My family has not visas yet, but I have. How can we be? Can I go without them while applying for asylum or it is better to do it together (me to wait them)?
Thank you.

Nacionalidad: Rusia

País de residencia: Rusia

Respuesta 03/11/2022

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Aportada por: Sara Casero Loza

Su tarjeta de presentación: Asesora Jurídica de Protección Internacional y Apatridia

Enunciado de respuesta:

Hello,



1. If you demand asylum in Spain, you will get a work permit after 6 months from the demand. There are other residence & work permits, but they take longer (> 2 years)



2. Yes, there are Russian citizens applying for International Protection in Spain based on different circumstances. For the moment, Spanish Governemnt is analyzing cases individually to decide if the person in particular is in risk needing International Protection.



3. From a legal point of view, there is no difference, it's just a matter of time. If you come all together you will make the asylum demand together. If they come after you, when they arrive and demand the asylum in Spain they will have to inform that you are already an asylum seeker, so the Administration links the files.



The main difference will arise from the accomodation point of view (in case you need to ask for a place): if you arrive first, you will get the work permit sooner, but if you need to get into the Reception Program (accomodation & economic asistance) you will be given a place in an apartment for men. Then, if your family arrives they will have to ask to enter the same program but there will be a time in which, probably, you won't live in the same accomodation until there is an apartment for all of you togehter and you can me moved. That can take several months.



Best wishes in this difficult time.


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