Consulta     26/12/2023

Formulada por: Igo

Reuniting with family in Spain as an asylum seeker without passport

Descripción: Dear Sir/Madam

Due to the upcoming holidays, I wish you all the best and a lot of health in the New Year!

I'd like to clarify some key moments.

I'm an official Convention refugee recognized by the UNHCR in Thailand!
During an expectation of my request for refugee in Thailand my passport and visa expired.
This is a regular case for all asylum-seekers and refugees in Thailand (90% of us don't have valid passports and visas due to long periods of residing and waiting).
Thus, I suppose, even if I would love to apply, I can't apply for a visa for family reunification in the Embassy of Spain in Thailand simply because I don't have a valid passport.

I'd like to ask you if there is any legal framework for people like me for resettlement to Spain on family unity basis?

My wife is residing in Spain on a student visa basis with our son.

They were official asylum seekers recognized by the UNHCr in Thailand on a derivative basis (due to my refugee status) until they moved to Spain (their cases are closed since they left Thailand).

So far they couldn't apply for asylum in Spain because of the long queue. But they received an email from the Police that their claim is registered to make an appointment in the Police station.

Could you help me in this regard? How can I join them in Spain?

I sent this question to the Embassy of Spain in Thailand and the UNHCR in Spain but I didn't get an answer.

If you have any questions, feel free, just let me know I'll provide you with all necessary information.

Thanks in advance!

Best regards

Nacionalidad: Rusia

País de residencia: Tailandia

Respuesta 12/01/2024

Aportada por: Ana Rivas Márquez

Enunciado de respuesta:

Hello Igo,

Due to your question, I could call you to give you the answer and further information.

I wait for your news. Best regards,

Consulta 14/01/2024

Aportada por: Igo

Enunciado de respuesta:

Dear Ana,

Thanks for your response!

It would be a pleasure to contact to you!

Also you can contact to my wife in Spain. It's just for your convenience or in case you can't reach me out.

You can call me in any time!

May I ask you additionally? I'd like you to write is there any possibility, Yes/No?

For me it is existential question!

All the rest we can discuss through phone or whatever...

Thank you, and I look forward to hearing from you.

Best regards,

 

Respuesta 19/01/2024

Aportada por: Ana Rivas Márquez

Enunciado de respuesta:

Ok, I call you to give you further information.

Best regards,

Consulta 21/01/2024

Aportada por: Igo

Enunciado de respuesta:

Dear Ana,

I hope you are well!

1. I want to express my gratitude for reaching out to my wife. Following our conversation, she visited the Cruz Roja office in Alcala, but was advised to address her inquiries in Madrid. Seeking an appointment in Madrid may be time-consuming, and we would prefer to proceed with your assistance.

2. Considering the logistics, it would be greatly appreciated if we could arrange a meeting online with face-to-face video.

Platforms such as MS Teams, Google Meet, or Zoom would be convenient, and we can securely share all necessary document scans via email.

Due to our current circumstances, it's challenging for my wife to travel from Alcala de Henares to Malaga with our 5-year-old son (we have no one to leave our son), especially as she works daily at the school. Additionally, her job is vital for our livelihood, and she doesn't have her available days off within the workweek.

If a visit to Malaga is unavoidable, would it be possible to schedule a meeting during the weekend to accommodate our situation?

Nevertheless, please, recommend us without any hesitation, what is best way to move further?

Given the high priority of our situation, she will go to Malaga anyway if there is no other choice.

As a reference, I have attached my ID from the UNHCR in Thailand to my profile on www.migrar.org – Is it visible to you?

She will try to reach you out via phone call also this week to ask the same questions to avoid any misconnection.

Thank you in advance for your assistance.

Best regards,

Andrey (Igo is my nick name in Thailand in terms of security)

Respuesta 22/01/2024

Aportada por: Ana Rivas Márquez

Enunciado de respuesta:

Hello Igo:

Thank you for your confidence. Due to your case, I can not give you a real answer because I need more information, for this reason, I think that the only possibility is this appointment in Madrid with a lawyer face to face.

As you explain me, if you don't have original passport, I am very disappointed but you can not make  any legal process in Spain within the legislation on foreigners. So, the first thing should be to be provided for a legal document as Russian citizen or as legal refugee in Thailand. 

Without this document, it is going to be complicated to make an "estancia por estudios" for you, as I explain you in this link. Autorización de estancia por estudios. Incluye anexos de Familiares y Trabajo cuenta ajena y propia. (HI 3) - Migraciones - Ministerio de Inclusión, Seguridad Social y Migraciones (inclusion.gob.es)

If you can achieved the possibility to get into Spain, we can think about the possibility to ask asylum process in Spain.

 Best regards,