In short: from 12 June 2026 Spain applies the new international protection procedures under EU Regulations 2024/1348 and 2024/1351 (EU Pact on Migration and Asylum): a border procedure with strict timelines, an accelerated examination procedure and an examination procedure. In the border procedure legal assistance is mandatory (preceptive); the right to free legal aid already exists in Law 12/2009 for the whole process.
In person or by representative? The rule is personal appearance: Law 12/2009 (art. 17.1) requires the application to be submitted in person, and only in case of physical or legal impossibility may a person who represents you do it, with later ratification. This Instruction does not regulate that point. The practical phases (formulation, registration, formalisation) are in how to apply for asylum.
Scope: the Instruction of 11 June 2026 from the Under-Secretary of the Interior sets guidelines for competent bodies to process applications under the new Regulations, applicable from 12 June 2026. Every application is processed under one of the procedures of Regulation 2024/1348 and, where compatible, also under Law 12/2009.
Procedures regulated:
1. Border asylum procedure Applies when the applicant has no entry authorisation and does not meet the entry conditions of EU Regulation 2016/399 (after screening, where applicable), and the application is made at a border post, after apprehension at an unauthorised crossing of the external border, after landing in Spain following a search and rescue operation, or after relocation. The Instruction applies art. 21 of Law 12/2009 to these cases and takes it that, as a general rule, it covers anyone who does not meet some requirement to enter Spain.
Timelines (Instruction, Section III):
- 4 calendar days: the authorities aim to finish the initial examination and issue and notify, where appropriate, an inadmissibility or refusal decision (Section III.4). In certain cases (art. 21.3 of Law 12/2009, which refers to art. 25.1.f), the period can be extended up to a maximum of ten days if UNHCR asks with reasons.
- Reconsideration request (reexamen): only against the decision issued within that period by the Director-General of International Protection (III.5.a). It is filed within the first 2 calendar days of the appeal period and decided and notified within 2 calendar days of filing (Section III.6).
- Maximum total time, including judicial review: 12 weeks (Section III.7).
- The aim is to decide within the first 6 weeks from registration. If there is no decision within six weeks, the procedure does not change and entry is not authorised (III.8).
Decision-making competence (Section III.5):
- Within the 4-day period: decided by the Director-General of International Protection.
- If it cannot be decided in that period: decided by the Under-Secretary of the Interior, on a proposal from the interministerial asylum commission. This change in no case means authorisation to enter the territory and does not change the border procedure. Only a judicial appeal (contencioso-administrativo) is available against this decision (III.6), with no reexamen.
2. Accelerated examination procedure and 3. Examination procedure Applications that do not follow the border procedure are processed under the accelerated examination procedure or the examination procedure (sometimes informally called "ordinary"), as determined by EU Regulation 2024/1348. Applications that started at the border also move to one of them if it turns out the conditions for the border procedure are not met (Section IV.1). The Instruction refers to EU Regulation 2024/1348 for the grounds and timelines of each and does not detail them. Where compatible, articles 24 or 25 of Law 12/2009 apply, as appropriate. The final decision can be challenged before the administrative courts (Section IV.3).
Rights and safeguards:
- Legal assistance: Law 12/2009 (art. 16.2) already gives every applicant free legal aid for the formalisation and the whole process, under Spanish legislation, and makes it mandatory in the art. 21 (border) procedure. The Instruction, in its Section III (border procedure), repeats that it will be mandatory and that access to free legal aid must be ensured under Spanish law (Section III.2).
- UNHCR (border procedure): with the applicant's prior consent, UNHCR may access the application and is heard before inadmissibility or refusal decisions (Section III.3).
- Judicial review within the period set under Article 67.7 of EU Regulation 2024/1348; the specific deadline appears in the appeal notice at the foot of the decision. See administrative review and deadlines.
Applications submitted before 12 June 2026: the Instruction applies from 12 June 2026, without prejudice to Article 79.3 of EU Regulation 2024/1348; it does not set out the arrangement for earlier applications.
Steps:
- You state in person, before the competent authority (a designated National Police station, a border post, etc.), that you want international protection; the application is registered and formalised in an interview (see how to apply for asylum).
- The competent body determines which procedure applies (border, accelerated examination or examination).
- In the border procedure: the authorities aim to finish the initial examination in 4 calendar days. If it is not decided within that period, the Under-Secretary of the Interior decides, without authorising entry.
- If the Director-General decided: within the first 2 calendar days of the appeal period you may request reexamen.
- Against an unfavourable decision: judicial review under EU Regulation 2024/1348, Art. 67.7. In the border procedure the maximum total time (including review) is 12 weeks.
Official source: Instruction of 11 June 2026, BOE-A-2026-12855. See also the base-law card: asilo-como-solicitar (Law 12/2009, applicable where compatible with the Regulation).
Informational only; these procedures apply from 12 June 2026 — check the official source, the Asylum and Refuge Office (telephone 910 006 910) and a professional for your specific case.
