Spain's updated Immigration Regulation, set to take effect on May 20, will significantly reduce legal avenues for Cuban migrants facing asylum denials. The revised policy, which adjusts aspects of the asylum process, stipulates that time spent in Spain awaiting asylum decisions—while legally employed—will not contribute towards residency applications through rootedness.
Consequently, following an asylum rejection, migrants cannot immediately pursue residency through rootedness since their time living and working in Spain during the asylum process does not count towards establishing ties to the country. According to a report by El Diario, individuals will have to endure living without legal status for at least two years before they can apply for residency.
However, the Ministry of Inclusion, Social Security, and Migration has introduced a temporary provision allowing migrants to apply for rootedness after six months in irregular status, instead of the two years required by the new law, but only for a year. To qualify, applicants need a final negative asylum decision before May 20, 2025, and must have been in an irregular situation for at least six months prior to applying. Applications will be accepted exclusively from May 20, 2025, to May 20, 2026.
The regulation outlines five rootedness categories for foreign nationals to regularize their status. Among them is Social Rootedness, which requires two years of continuous residence, reduced from three, and necessitates proof of family ties with legal residents or a social integration report. Sociolaboral Rootedness demands two years of residence plus a job contract, with weekly hours required cut from 30 to 20.
Socio-educational Rootedness requires two years of residence and a commitment to pursue studies in fields needed by the job market. The Second Chance Rootedness option targets those who lost their residency in the past two years, allowing them to renew if criteria are met. Family Rootedness, focused on individuals with children born in the EU or Spain, does not require a residence period.
In 2024, 1,104 Cuban nationals sought refuge from January to August. Although asylum requests from Cubans in Spain have risen, few succeed. The first half of 2024 saw a more than 50% increase in applications compared to the previous year, yet favorable resolutions remained scarce.
A report from the Spanish Commission for Refugee Assistance (CEAR) indicated that 3,082 applications from Cuban migrants were filed in 2023, up from 1,392 in 2022—a 54% increase. Despite this growth, only 1,157 cases were decided, with a mere 30 receiving refugee status. The remaining 1,127 were declined protection: 777 were unfavorable, and 350 were archived.
The Spanish government attributes Cuban migration to economic reasons, without officially acknowledging the Cuban regime as a dictatorship or recognizing the nation's crisis status. As a result, successful asylum claims remain rare.
Understanding the Impact of Spanish Immigration Reforms on Cuban Migrants
What changes does the new Spanish Immigration Regulation bring?
The regulation updates asylum process elements, particularly concerning time spent in Spain awaiting decisions not counting towards residency applications through rootedness and introduces new rootedness categories.
How does this affect Cuban migrants seeking asylum in Spain?
Cuban migrants whose asylum applications are denied will have limited legal options and may need to live without legal status for at least two years before applying for residency.
What temporary provision has been introduced for applying rootedness?
A temporary provision allows migrants to apply for rootedness after six months in irregular status, rather than two years, for a limited time, provided they meet specific conditions.