Consulta     26/07/2024

Formulada por: Alwan

Am I eligible to seek asylum?

Descripción: I am a 19-year-old Syrian national. I arrived in Spain from the UAE with a student visa to attend a Spanish language program (Spanish LCA) that ran from 01/09/2023 to 30/06/2024. This program was intended to prepare me for study at Spanish universities in the next academic year.

During the program, I successfully completed the A1 and A2 levels. However, due to personal reasons, I was unable to obtain the B1 certificate, which is essential for renewing my residency permit in Spain. Consequently, my residency expired on 30/06/2024.

I have enrolled in Universidad Católica de Valencia for the academic year 2024/2025 and have already paid the seat fee. Unfortunately, I cannot return to the UAE as I have been outside the country for more than six months, resulting in the automatic cancellation of my residency there.

Returning to Syria is also not an option for me. Upon arrival, I would be forced into obligatory military service, which poses significant risks to my health and safety. I was diagnosed with epilepsy in 2011 and was declared cured in 2023. However, there remains a 3% chance of relapse, and the stress and conditions of military service could trigger such a relapse. The medical facilities in Syria are not adequate to handle my condition should it recur.

Given these circumstances, I am seeking to determine if I am eligible to seek asylum in Spain to avoid forced military conscription and to ensure access to proper medical care. I fear that returning to Syria would put my health and life at serious risk.

Nacionalidad: Siria

País de residencia: España

Provincia: Valencia

Respuesta 02/08/2024

Aportada por: Nerea Beamud

Enunciado de respuesta:

Good afternoon: 

From what you explain, if we are not wrong, it seems that you already have an athorisation for living and studying in Spain for the academic year 2024/2025. However, you would like to seek for asylum in paralell. 

Both (authorisation for living and studying and asylum- International Protection) are different process and in principle you have to chose one of them. Concerning the asylum process it is important to know that the law sets a time limit of one month after the arrival into Spanish territory for submitting the asylum request. Nevertheless, most of the times, it is possible to submit an asylum application longer than this time without any negative consequence. 

All this said, knowing that your return to Siria could put your life at risk as you explain, this could be one of the requirements to become a beneficiary of international protection in Spain and you have the right to submit your application explaining all those reasons. 

I share with you more information aboy asylum in Spain that can be useful for you: https://www.policia.es/_es/extranjeria_asilo_y_refugio.php  

Best regards