The New Immigration Regulation 2025 has brought significant changes for asylum seekers in Spain. One of the most relevant aspects is the possibility of withdrawing the asylum appeal and accessing the new types of arraigo, a way to regularize the migratory situation of those who have received a final rejection or rejection decision. In this blog, we explain everything you need to know about the withdrawal of the asylum appeal and the available types of arraigo, so that you can make the best decision for your future in Spain.
What is the Withdrawal of the Asylum Appeal?
Withdrawal of the asylum appeal is a procedure that allows asylum seekers to waive their administrative or judicial appeal, provided they meet certain conditions. This process is especially relevant for those seeking to avail themselves of the 5th Transitory Provision of the New Alien Regulation, which reduces the time of irregularity required to apply for an arraigo.
When can you withdraw your asylum appeal?
- If you have an express denial resolution: You can withdraw your appeal and avail yourself of the 5th Transitory Provision.
- If you appealed due to negative administrative silence: You will not be able to withdraw in order to take advantage of this provision, since you do not have an express resolution.
How to file the withdrawal of the asylum appeal?
The Asylum and Refugee Office (OAR) has enabled an electronic form to submit the withdrawal of appeals for reconsideration. This procedure is agile and allows to obtain a resolution of withdrawal in a quick way.
🔗 Link to the form: Asylum and Shelter : https://proteccion-asilo.interior.gob.es/es/inicio/
Types of Rootedness in the New Immigration Regulations 2025
The New Alien Regulation includes several modalities for those who have received a final rejection or rejection of their asylum application. These options are available until May 2026 and do not require compliance with the 2-year stay requirement.
1. Social Roots
For whom: People with family ties or sufficient economic means.
Key requirements:
- Financial means equivalent to 100% of the IPREM.
- If there are no family ties, an integration report issued by the Autonomous Community is required.
2. Social and Labor Roots
For whom: People with a job offer.
Key requirements:
- Contract(s) totaling at least 20 hours per week.
- Salary equal to or higher than the Minimum Interprofessional Wage (SMI).
3. Socioformative Rooting
For whom: Persons enrolled in studies or vocational training.
Key requirements:
- Be in vocational training, post-compulsory secondary education or complementary training.
- Training promoted by the Public Employment Services is also accepted.
4. Family Roots
For whom: Parents or guardians of minors or people with disabilities.
Key requirements:
- Proof of cohabitation and financial support.
- No prior period of permanence is required.
The withdrawal of the asylum appeal and the new types of entrenchment in the Reglamento de Extranjería 2025 offer a unique opportunity to regularize the migratory situation of asylum seekers in Spain. If you have received a final denial or dismissal decision, it is important that you are aware of these options and make an informed decision.
At Molinares Abogados, we are here to help you in every step of the process. If you have any doubts or need advice, do not hesitate to contact us.
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