Asylum Denied? Protect Your Labor Rights

Access to labor rights and Social Security for asylum seekers whose application has been initially denied—but not definitively—has been reaffirmed by a growing body of judicial rulings in Spain.
This situation, far from being a mere regulatory interpretation, strengthens a more humanitarian and rights-based approach aligned with the values of European law.

In this article, we analyze the new legal framework that recognizes the right to work and access social benefits for asylum seekers who have appealed their denial. This protection is crucial in today’s European migration context.

According to Jorge Medel Bernardo, Court Clerk of the Administration of Justice, this interpretation “allows thousands of people to maintain legal access to benefits and employment.” His reasoning is based on the primacy of EU law over gaps in national legislation.

Implications for Social Security access

One of the greatest advances is the **continuity of Social Security contributions** and access to contributory benefits such as:

• Benefits for childbirth or childcare
• Temporary disability subsidies
• Unemployment benefits (if previous contribution requirements are met)
• Healthcare from the public health system

These essential benefits for daily support are protected under the initial work permit and continue until a final court ruling is issued.

Potential risks with the CEAS reform

Despite the current favorable approach, the reform of the Common European Asylum System (CEAS) could drastically change this interpretation. The new European Regulation 2024/1347 introduces faster procedures and **could restrict rights during initial phases or after denials.**
This means that current jurisprudence may not survive without national legislative adjustments that properly incorporate the new EU rules. Experts highlight the importance of monitoring these changes and defending the principle of non-discrimination until the end of the legal process.

A necessary balance between migration control and human dignity

In 2023, Spain received over 160,000 applications for international protection—a historic figure. In this context, maintaining access to basic social rights is not only legally correct but also a **tool for integration, stability, and social cohesion.**
Denying access to employment or social protection to people still undergoing the legal process would violate core principles of European law and international treaties signed by Spain.

✅​ Need help with your legal situation in Spain?

If you’re in the asylum process and would like to explore legal options such as regularization through integration or rootedness, at **Adlanter** we can help. Visit our page on Regularization of Foreign Nationals in Spain for a personalized consultation.
Want to learn about a key legal tool for people in irregular situations after a non-final asylum denial? Check out our article on second chance rootedness.