For Insights

Applying for refugee status involves several legal and administrative steps, and many applicants are concerned about their right to work during this period. The ability to generate income legally is a significant concern for those who may be in the country without access to other forms of support. Understanding the conditions under which work authorization may be granted can help applicants plan their stay more effectively. This article discusses the possibility of working while a refugee application is under review, with attention to the legal provisions currently applicable in Spain.

Can I Work While My Refugee Application Is Pending?

Initial Conditions After Submitting a Refugee Application

In Spain, once you have officially submitted a request for international protection, you receive a document known as the “resguardo de presentación de solicitud.” This document confirms that your application is under consideration but does not immediately grant the right to work.

The waiting period before employment is permitted is typically six months. During this time, applicants are legally present in the country and protected from removal. However, they are not allowed to enter the labor market until specific criteria are met and the administrative timeline has passed.

Work Authorization After Six Months

After six months from the date of submission, if you have not yet received a decision and your case is still pending, you may apply for a document called the “Autorización de Trabajo.” This is not automatically granted; it is linked to the continuation of your application’s processing and your compliance with the procedural requirements.

The issuance of this authorization depends on the condition that your application was not rejected during the initial admissibility phase. If it remains active and is being processed, you can be issued a red card (“tarjeta roja”), which explicitly permits employment within Spanish territory. The document is renewable and will reflect your continued legal status as an applicant.

Requirements and Validity of the Red Card

The red card is generally valid for six months and can be renewed periodically until a final resolution is made. Once you are in possession of this document, you can legally work under the same conditions as Spanish nationals, without the need for a separate work permit.

Renewals are contingent on the ongoing evaluation of your refugee claim. If your application is denied at any point, your legal status and work authorization may be affected, depending on whether you appeal the decision and the legal protections that apply during the appeal process.

Legal Assistance and Guidance

Because procedures and policies can change, and each applicant’s situation may involve specific details, seeking advice from a professional is recommended. An abogada extranjeria Valencia can offer support throughout the application process, including guidance on the right moment to apply for work authorization and help with documentation or renewals.

Professional legal assistance also becomes crucial if your application is denied or delayed beyond expected timelines. Lawyers who specialize in immigration matters can provide structured support and represent your interests effectively before administrative or judicial bodies.

Conclusion

You may work while your refugee application is pending, but only after specific conditions are met. The six-month period serves as a minimum requirement before legal employment becomes possible. Once that period has passed and your application remains active, you can apply for a red card, which will allow you to work legally.