The Dirección General de Gestión Migratoria (Directorate General for Migration Management) (DGGM) has published Management Guideline 4/2025, aimed at clarifying a key point that affects many foreign nationals in Spain: from when the period of irregular stay begins to be counted in order to apply for arraigo (residence on exceptional circumstances), after going through an asylum procedure.
⏺️ The general rule: two years
The Reglamento de Extranjería (Immigration Regulation 1155/2024) requires having resided in Spain for two continuous years in order to qualify for arraigo. However, that time does not include the period during which a person is processing their application for international protection. In other words, while the asylum procedure is ongoing, no time accrues for arraigo.
💡At ARC Legal Abogados we maintain a live space where we constantly update all publications of management guidelines, clarifying notes, and instructions from the Ministry, the Directorate General for Migration Management, and Immigration Offices related to the new Immigration Regulation. You can access it at the following link: Immigration Regulation 1155/2024 Space (in Spanish).
⏺️ The new guideline: when does irregularity begin?
The DGGM’s guideline specifies two scenarios:
- If you do not appeal the asylum refusal: the period begins either from the date the decision is issued or from when you are notified.
- If you do appeal: the period begins once the appeal decision is final and negative, or from the date you formally withdraw your appeal.
In simple terms: if you receive a refusal today and you do not appeal, the two years required for future arraigo begin from that very day. If you decide to appeal, you will have to wait until the appeal is resolved (or until you withdraw it) for the clock to start running.
Below, we provide the published management guideline from the Directorate General for Migration Management (in Spanish):
⏺️ The transitional provision: a six-month exception
The Immigration Regulation 1155/2024 also includes an exception for those who were already in an irregular situation when the new Regulation entered into force (20 May 2025). In those cases, only six months of irregular residence are required to apply for arraigo.
This means that:
- If your asylum refusal (without appeal) occurred before 20 March 2025, that decision becomes final on 20 May, and you may benefit from the reduced six-month requirement.
- If you had an administrative appeal pending, the denial of that appeal must have been issued before 20 March 2025.
- If you withdrew your appeal, the withdrawal must have been registered before 20 May 2025.
- In the case of a judicial appeal, the judgment must also have been issued or notified before 20 May 2025.
⏺️ Do you need help with your case?
At ARC Legal we are specialists in immigration law. If you have received an asylum refusal and want to explore your options for applying for arraigo, we can advise and guide you throughout the entire process. You can contact us here.
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Prefer to read this article in Spanish 🇪🇸? Read it in Spanish here: Nuevo criterio sobre el cómputo del tiempo en situación irregular tras la denegación del asilo
The information contained in this article is of a general nature and is provided for informational purposes only. It does not constitute individualized legal advice. To obtain an assessment tailored to your specific case, we recommend contacting a lawyer specialized in immigration law.