View Full Version : Political Asylum, Overstay Or Small Business ?? Lawyers please answer =)

08-15-2012, 04:07 AM
Im 22 yo, i want to migrate to spain, immigration will take a long time, there's a situation with me now, i can't live here any more (middle east country). So respected lawyers please tell me a short way, so that i could live in spain. as per my research, i think i would enter spain, and overstay. Would it affect me in future ? Can i get a job with illegal status? like a waiter, carpenter, helper, office boy, car washer etc
And, when i come to spain, is your service available? How long will it take to legalize my status? What if i get caught? what is the cost of lawyers to fight a case?

My qualification, BBA (Bachelor in Business Administration) 1 Year experience.

And, what is the total expense of starting up a small business ? Example: Clothes Shop, Supermarket, Restaurant etc.

P.s: what are the requirements of following visas:



08-28-2012, 02:06 PM
Hello Xpert92,

As you may be aware there is a serious economic crisis in Spain at the moment, and this has increased the unemployment rate. Therefore the immigration authorities will only approve salaried work and residence permits to those foreigners that can cover highly qualified positions or those professions that are now of difficult cover in Spain; professional sportspeople, Doctors and workers at ports and dock facilities as well as shipping industry workers.

If you are unable to meet those requirements and cannot apply as a self employed individual ( a minimum investment of 100.000 Ä approx. is required to set up a business ), your chances of applying for an initial work and residence permit are reduced and limited to having a direct relative/family relationship ( ascendants and/or descendants ) already holding a regular status in Spain and applying for family reunion if you can prove to be dependent on them. The last option is -as you mention- overstaying your visa and apply for a settlement residence permit after 3 years, considering the risks it entail ( deportation and limitaiton to re-enter Spain during a certain period of time ).

Legal fees will vary depending on the type of permit you will be applying for once you have considered your options in relation to your particular profile.

Regarding stay/special stay visa applications, they are processed at the corresponding Spanish consular office in your home country, so you would need to check with them the specific requirements.

You can contact me by e-mail ( click on my profile ) if you need more specific information.


09-06-2012, 03:25 PM
Hola, My na,e is Siraj and I am of age 17. I am from Pakistan and city is Karachi and everyone knows the currrent situation of killing in Kaachi. I entered in Spain illegally due to a fact of threat of my life as I am an eye wittness of a murder. I am hiding from those persons from last two years and finially I decided to get asylum here in Spain rather than liviing illegal as I am not being chased here and I feel safe here. Kindly do advise me in this regards as what documents do I need to present at the point of Assylum.

09-27-2012, 03:32 PM

The first step is to find out if your case can be regarded as asylum, which I believe can be the case as you are an underage in Spanish Law; I do not know if you are in Pakistan. After that I recommend you to visit a NGO ( ONG in Spanish ) that offers that kind of aid as well as free legal support, such as ACNUR (http://www.acnur.org/paginas/index.php?id_pag=1435). Also, the OAR ( Oficina de Asilo y Refigio ) is the official department at the Ministry of Home Affairs that process Asylum rights in Spain. You can apply for asylum at the Immigration office, at the Police Station or directly at the OAR. Once the application has been accepted to be processed, it takes about 60 days to be resolved and you are allowed to be in Spain during that time.

Questions are:

- How did you enter the coutry at he age of 15 without parental authorization?
- Why have you not applied for asylum before and who is taking care of your support while in Spain?

You can find more information on their website: http://www.mir.es/SGACAVT/extranje/asilo_refugio/condiciones.html

Best Regards,

11-16-2012, 06:34 AM
Hello Mrs. Patricia

I'm Negar 30 years and married. we currently live in Malaysia with my husband we don't have children. We’ve been married for 1 year and a half and we're resolved to emigrate to Europe. We’re Iranian and over 5years we're living in Malaysia. My husband graduated in this country but I’m studying English language and also working with him.
We are planning to move to Spain. My husband knows Spanish language but not fluently .We have Travel agency in Kuala Lumpur. My husband and I have work experience in this field. He has bachelor's degree in business, and I’ve associate degree in graphic design with work experience.
I have a question about migration and asylum in Spain. Whether, is it possible for us to enter the country and attempt to REFUGEES? How much time will be spent to get the legal procedure and what is your proposed method?
We are looking for proposals that can be replaced within a short time and started to work and Spanish language.
Initial investment is minimal and we do not want it wasted. Which city do you recommend with this condition? Is this the suitable conditions to give the Carrere preferably legal?
What is your suggestion for us?

11-19-2012, 02:34 PM
Hello Negar,

If you check the post I wrote above, you will read which are the requirements for an assylum application; you need to prove you are being prosecuted by religious, political or other type od discrimatory reasons accepted by the OAR ( Assylum and Refugees Office ). After reading your message you do not seem to be in such type of danger, so I suggest you study the possibility to apply for a self employed work and residence permit that will allow you live and work in Spain, initially for one year, as a self employed worker.

I invite you to read the article 10 tips for a Successful Self-Employed Residency Application (http://belegal.com/blog-by-antonio-flores/10-tips-for-a-successful-self-employed-residency-application/) that Mr. Antonio Flores, Senior Lawyer, has published in his blog, that will answer many of your questions.

You can contact me by email by clicking on my profile if you wish to discuss you case in detail.


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