Equatorial Guinea/Spain: Update to ZZZ29578.E of 25 June 1998 on whether illegal aliens from Equatorial Guinea can regularize their status in Spain after residing in the country for five years, and the definition of legal residence
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 August 1998 |
| Citation / Document Symbol | ZZZ29945.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Equatorial Guinea/Spain: Update to ZZZ29578.E of 25 June 1998 on whether illegal aliens from Equatorial Guinea can regularize their status in Spain after residing in the country for five years, and the definition of legal residence, 1 August 1998, ZZZ29945.E, available at: https://www.refworld.org/docid/3ae6ab8a44.html [accessed 26 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
The following information was provided by an official at the Embassy of Spain in Ottawa during a 21 August 1998 telephone interview.
Without proof of residence by way of possession of a residence card, the illegal alien would need to complete an additional two year residency period in Spain after making a naturalization request in order to regularize his/her status. The fact that the illegal alien resided in Spain for a continous period exceeding two years does not make this person exempt from this requirement for Spanish nationality. If he/she cannot prove they resided "legally" in the country, the individual in question does not exist for the Spanish authorities and consequently, he/she must fulfill the two year residency requirement.
The person in question must justify why he/she wants legal residence in Spain. To obtain residence status, conditions must be met which include an employment offer by a potential employer, marriage to a Spanish national, family unification, presentation of one's criminal record, one's medical certificate and proof of medical insurance. If the justification is employment, the Equatorial Guinean would require a work visa, which is a condition for an employment offer.
Immigrants or refugees who possess a residency card issued by the Spanish Ministry of the Interior are considered to have legal residency.
Whether the Equatorial Guinean would have difficulties obtaining residency in Spain after residing illegally in the country for a number of years depends on the circumstances of his/her case. The official was not in a position to generalize about the possible outcome of an illegal alien applying for residency.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
Reference
Embassy of Spain, Ottawa. 21 August 1998. Telephone interview with an official.
