Spain is bound by the recast Reception Conditions Directive and has transposed its provisions through Royal Decree 220/2022 of 29 March 29 which approves the regulation that regulates the reception system related to international protection (Reception Law) | Real Decreto 220/2022, de 29 de marzo, por el que se aprueba el Reglamento por el que se regula el sistema de acogida en materia de protección internacional

• Law 12/2009, of October 30, regulating the right to asylum and subsidiary protection (Asylum Law).
• Royal Decree 220/2022, of 29th of March, which approves the Regulation governing the reception system in the area of ​​international protection (Reception Law).
• Order ISM/680/2022, of 19 July 19, which develops the management of the international protection reception system through concerted action.

The Spanish reception system is a mixed system in which we can distinguish between:

• a public network of reception centres which are managed by the SEM;
• reception facilities and resources which are managed by authorised NGOs through "concerted action"; and
• other subsided reception facilities of private entity when necessary for reasons of urgent need and general interest, or to guarantee specialised care for beneficiaries who are in a situation of vulnerability.

The new reception model created by Reception Law which promotes a multi-annual vision of the system, increasing its stability and predictability. Besides the concerted action as the structural basis of the system, it also allows other formulas such as direct subsidies that are exceptionally available for the attention to situations of urgent need and circumstances of vulnerability.

This new management mechanism aims to increase efficiency in the functioning of the reception system without excluding, at the same time, the necessary capacity to adapt to a dynamic context in which, in recent years, the number of arrivals of persons in need of care in the reception system has steadily increased. The Resolution of 8 November 2022, of the Directorate General for the Management of the International and Temporary Protection Reception System, established the planning of benefits, actions or structural services of the reception system to be managed by means of concerted action. This resolution contains the planning of services and benefits to cover the structural needs of the system for the period 2023-2026.

There is no specific regulation concerning the distribution of applicants in the reception system. This decision is made assessing the profile and special needs of each person, case- by-case. Availability is another key element considered in this distribution. This task is shared between the NGOs and the Secretary of State for Migration, from a general point of view.

In March 2025, the government approved the Royal Decree-Law 2/2025 establishing urgent measures to guarantee the best interests of children and adolescents in extraordinary migration contingencies.

Professional profiles available in the reception centres are, among others, lawyers and legal advisors, doctors and nurses, social workers, management, administrative and security and general-purpose staff.

SEM offers periodically a Formation Plan for public workers with a variety of thematic courses covering training related to asylum and other migration issues, mainly for social work, managing and legal professional profiles. There are also specific external training actions related to the subject, such as those offered by the EUAA.

NGOs have their own specific recruitment programmes as well as for training and formation.

Reception conditions are provided to applicants or beneficiaries of international protection, statelessness, or temporary protection in Spain who lack financial resources. The lack of economic resources is assessed whenever the income does not exceed the individual monthly amount of the guaranteed income foreseen in Law 19/2021 of 20th of December, which establishes the Minimum Living Income.

Exceptionally, will be able to access to the reception system people who have not lodged their application for international protection yet, but who already have an appointment to do so. In addition, in December 2022 the SEM issued a new instruction that established that applicants whose asylum claim have been denied can access the reception system if they have lodged a second asylum application or have challenged the denial with an administrative appeal.

The Social Work Unit (UTS) of the current Ministry of Inclusion, Social Security and Migrations study the requests of accessing to the Reception system. In Madrid, the UTS interview the applicants in the office located at the Asylum Office. When people demand the access to the Reception System in a different location, are the partner organizations in charge of assess the situation of the applicants and report the UTS, that decides about the access in the Reception System. 

If the person meets the access requirements, will be able to access the system from the moment that request it. If there are no allocations available, and the applicant doesn´t have a place to stay, will be assigned a temporary host resource while they are able to access into a reception centre. 

There are some extraordinary requirements to be able to access to some of the services provided by the Reception system.

Article 33 of Asylum Law:

• Not have left the place of residence assigned without informing the competent authority or without permission.
• Lack of sufficient means to meet their needs and those of their family.
• Has not received the benefits offered in the Reception system for the maximum period of perception stipulated.
• Not have violated, by action or omission, the rights of other residents or of the staff or for non-compliance with the obligations corresponding to the residents.

Material reception conditions under national legislation on asylum are the same for every beneficiary or applicant of international protection, no matter the profile or the type of asylum procedure applicants are subject to. Assistance and financial support are foreseen for 18 months. This can reach a maximum of 24 months for vulnerable cases.

The Reception System for international protection applicants includes an initial phase of assessment and referral (30 days) and two reception phases:

Assessment and Referral (fase previa de evaluación y derivación, EYD). This is considered the first step in the reception system and it is focus on the assessment of the applicant's profile, identification of possible vulnerabilities and referral to the most suitable reception place. During this initial phase, the person will receive information on the asylum procedure and his/her basic needs will be covered until the referral is done. It should last 30 days, and these days do not count for the time limit.

Reception phase or first phase (fase de acogida). During this period, applicant will receive accommodation (the person lives in a reception center (in a Refugee Reception Center, CAR; in a reception facility managed by an NGO; or in a reception facility under the humanitarian assistance system), basic cultural orientation and language and job trainings.

This period will last 6 months (period in which the international protection application should be processed) and it could be extended for an additional 3 months, in case of vulnerable applicants. After that period, applicants who become beneficiaries of international protection, are transferred to the second reception phase where they will continue their integration

Preparation for the autonomy phase or second phase (fase de preparación para la autonomía). Persons live independently, with the support of the professional services (social, psychological, etc.) and economical aids for the payment of income, basic needs, etc. till the person have an autonomous life. This phase will last a maximum of 12 months (or 15 months in case of vulnerable applicants). From the 1st of June 2021, only applicants that have received international protection can be referred to the second reception phase. The 1st and 2nd phases can be extended up to 18 months (up to 24 to vulnerable applicants).

In case of massive arrivals, Spain has opened new temporary reception facilities at the areas of arrivals where applicants are accommodated before been transferred to reception resources located in other areas less affected by the migratory pressure. From a financial point of view, Spain has been resorted to appropriate financial formulas to make funds available (emergency declarations). In addition, there has been an important collaboration between public administrations, as well as with other actors involved in reception tasks (mainly NGOs).

Spain is currently working in the development of a Contingency Plan which will involve several administrations, at different levels and with different duties and competencies. This will be an important tool in the future, especially in the context of the application of the new European Asylum Pact.

• First Reception Centres: accommodation in first reception centres is provided to guarantee the coverage of the basic and urgent needs of people, during the time necessary to carry out the necessary procedures for the referral to a reception centre.
• Reception, Care and Referral Centers (CREADEs, Centro de Recepcion, Atencion y Derivacion). Public centers managed by the Subdirectorate for Centers and Emergencies of the Migration System.
• Public Reception Centres (CARs, Centros de Acogida de Refugiados): Public centers managed by the Subdirectorate for Centers and Emergencies of the Migration System.
• International Protection Reception Centers (CAPIs, Centros de Acogida de Protección Internacional): Public centers managed by the Subdirectorate for Centers and Emergencies of the Migration System.
• Centre managed by NGOs: The management is carried out by NGOs through the conclusion of concerted action agreements lasting 2 to 4 years.
• Temporary Reception Centers (CETIs, Centro de Estancia Temporal de Inmigrantes): to temporarily accommodate undocumented migrants entering into Spain from the borders with Morocco. In case they will apply for international protection, their stay in these centers is temporary till they are transferred to centers located in the peninsula.
• Centres of Emergency Reception and Referral (CAEDs, Centros de Emergencia y Derivación): These centres are designated to cover reception of migrants in emergency, and in which authorities will carry out an analysis of the special needs migrants have and their subsequent referral. UNHCR is collaborating with the authorities in the process of identification.

The Reception Law outlines the guidelines for addressing the needs of individuals in vulnerable situations within the reception system for asylum seekers and migrants. The law identifies various groups of people who are considered vulnerable, including: minors, elderly people, people with disabilities, people with serious illnesses, pregnant women, single parents with minor children, victims of human trafficking, victims of violence against women, people belonging to ethnic or national groups subject to discrimination, people with mental health problems, LGBTIQ+ people, people who have suffered torture, rape, or other serious forms of psychological, physical, or sexual violence

The law establishes a process for assessing the vulnerabilities of individuals within the initial assessment and referral phase, which takes place during the first contact with NGOs managing First Reception Centres. A report is required to propose admission to a place with specific care needs, which must justify the need for specialized care and attach supporting documentation.

The law also emphasizes the importance of assessing the best interests and specific needs of minors, providing differential treatment for applicants or beneficiaries of international protection in vulnerable situations, and adopting measures to address the needs of persecuted individuals.

Key aspects of the reception system for vulnerable individuals include:

• Ongoing monitoring and evaluation of reception needs
• Case-by-case assessment between the Asylum Office (OAR) and relevant NGOs
• Development of Individualized Participation Plans, which take into account the special needs of individuals and involve cooperation with other professionals
• Co-financing of reception projects by AMIF (Funds for Asylum, Migration, and Integration).

The Social Work Unit from the Ministry of Inclusion, Migration, and Social Security will do a first assessment of the applicant's situation based on an individual basis. Young men and women between 18 and 26 years without family or social support, victims of gender-based violence, LGBTIQ applicants, people with mental health disorders, and victims of trafficking are referred to an adequate reception facility depending on the profile and availability of places.

Specialized reception facilities cater to specific groups, including:

• Unaccompanied Minors: Separate reception centers managed by Regional Authorities
• Children with families: Same facilities as their families (CARs or centers managed by NGOs)
• Elderly: No specific facilities available
• Gender-related needs: One specific program managed by ONG Rescate
• Victims of human trafficking, torture, or other forms of violence: Facilities managed by NGOs like CEAR, ONG Rescate, Diaconía, and Adoratrices
• Applicants with disabilities and special health needs: Facilities managed by NGOs like ACCEM, CEAR, FLMM, and RED ACOGE
• LGBTIQ: Specific reception places (around 10) managed by NGOs like CEAR and ONG Rescate, and a public reception center in Madrid

The reception system prioritizes the needs of vulnerable individuals and provides a range of specialized facilities and programs to cater to their specific needs. Ongoing monitoring and evaluation of reception needs, including follow-up activities (seguimiento del itinerario), ensure the response to reception needs of each person concerning vulnerable profiles.

The stay in a reception center is 6 months, extendable every three or six months, up to a maximum of 24 months. Programs co-financed with AMIF and managed by partner organizations have been implemented to reinforce existing reception facilities and attend to vulnerable groups of applicants.

National legislation states that material reception conditions should be available and be the same for all applicants for international protection, no matter their profile and the type of asylum application. Applicants have access to material reception conditions in kind, including meals, clothing, accommodation, cleaning products and language courses.

The reception system is different from the evolution of the asylum procedure. Reception conditions will be different depending on the reception phase and it will last 18 months, or a maximum of 24 months in some specific cases of vulnerability.  As from January 2021, only beneficiaries for international protection can be referred to the second reception phase. Consequently, only them will have access to the specific reception material conditions offered in that phase. 

All the support needed according to the applicant’s vulnerability is provided with no restriction, in general.

Food and sanitary financial support for units in which one of its members has a disability greater than 65%, can have the amount as if it has one more member.

Minor's protection issues and their education are two competencies falling under the responsibility of the Autonomous Communities. Each region will organise their own integration programmes and additional support depending on their priorities, needs and resources available.

Unaccompanied and accompanied minors have the access to education system under the same conditions as Spanish nationals.  

The schooling of children in Spain is compulsory from age six to sixteen. All children in Spain have the right to education and although under the Asylum Act it is not explicitly guaranteed, it is by other regulations concerning aliens and children.

To help the minors with the transition to education the responsible authorities provide learning support measures by developing and implementing education pathway orientation and assistance projects or learning support and reinforcement programmes in primary and secondary education centres. 

Organisation of preparatory classes depend on each region. Some of them offer preparatory classes, including language courses and specialised support (e.g. psychologist) for persons with special needs. Other regions provide tutors within the normal class.

During the first reception phase, applicants can be accommodated in apartments or medium size centres for refugees, but at this phase of the process, apartments are part of the reception facilities offered by the SEM (CAR - Centro de Acogida de Refugiados) or by the selected entities, and they are managed by them. 

Once applicants are in the second phase of reception (integration and autonomous life phase), they can move to private accommodations, and they would receive an economical support for paying the rent (and also to covers the basic needs)

As an initial step the applicants sign a “Responsible Declaration”. In cases where fraud is detected, reception conditions are retired or conveniently reduced depending on some economic thresholds defined in advance.

The penalties and procedure for the reception conditions to be retired/reduced are detailed in the Ministerial Order ISM/922/2023.

Beneficiaries of the reception system have the obligation to inform the authorities in case of they start to work, including self-employment. They will need to submit a record of employment and additional documentation to proof their incomes. The result of the examination could imply a reduction on the reception services provided, but in any case, the authorities will seizure the applicants' incomes.

The lack of resources is the main requirement for applicants for receiving reception conditions. Applicants have the obligation to declare their incomes, not only an initial stage, also during the different phases of the procedure. This will help the assessment of his/her situation at any time.

Article 33 of Law 12/2009, of 30 October, regulating the right of asylum and subsidiary protection states that any or all the reception services may be reduced or withdrawn. The Reception law sets out the circumstances that may lead to the withdrawal or reduction of reception facilities. Therefore, a reduction is established according to Article 32 in case of:

1. Access to financial resources that involve exceeding the threshold set out in regulation.
2. Abandon of the assigned reception centre or facility without informing.
3. Violation of the basic operating rules of the centre or of the rights of other residents or staff.

On the other hand, the withdrawal of the reception conditions is established case of:

1. Failure to formalise, inadmissibility, refusal or withdrawal of the application.
2. Cessation or revocation of refugee status or subsidiary protection
3. Access to financial resources when these exceed the number of benefits received.
4. Having completed the period of the programme or benefit specifically authorised.
5. Abandon of the assigned reception centre or facility without informing.
6. Violation of the basic operating rules of the centre or of the rights of other residents or staff. 

It must be noted that new regulation was adopted by Ministerial Order ISM/922/2023 on sanctions for breaching the house rules in reception facilities. The new legislation was better aligned with the provisions of the recast RCD and ensured an improved legal certainty and proportionality of the sanctions. The behaviours leading to sanctions are defined in more detail and are categorised as minor, severe and very severe.

It will be considered a minor infraction: 

1. Failure, on at least three occasions, to attend or be punctual to activities within the reception itinerary without justification.
2. Repeated failure to comply with the basic operating rules of the resources that make up the reception system in matters such as personal hygiene, cleanliness and order, completion of tasks, participation in activities and respect for the established timetables and rules of coexistence.

A severe infraction will be committed in the following cases:

1. The commission of a third minor offence within a year.
2. Leaving the assigned place of residence for between 24 and 72 hours or spending the night away from the resource, without the express authorisation of the staff in charge.
3. Possession of or access to public or private financial resources that enable part of the costs of the reception conditions to be met and failure to report their existence or refusal to use them unjustifiably.
4. Infringement of the rights of other residents or of the staff in the reception facilities through actions or omissions that pose a risk to their physical or psychological integrity, privacy or safety and that do not constitute a very serious offence.
5. Serious disturbance of coexistence.
6. Sexual harassment and discriminatory harassment to other residents or to the staff of the reception facilities when it does not constitute a criminal offence.

The very severe infractions will be committed in case of:

1. The commission of a serious infringement when in the same year he/she has been sanctioned for the commission of another serious infringement by means of a firm administrative decision.
2. Leaving the assigned place of residence for more than seventy-two hours without an express authorisation.
3. Possession of or access to public or private financial resources that could cover the full costs of the reception conditions and failure to report their existence or refusal to use them unjustifiably.
4. Infringement of the rights of other residents or of the staff in the reception facilities through actions or omissions that pose a risk to their physical or psychological integrity, privacy, or safety and that do not constitute a severe infraction.
5. Very serious disturbance of coexistence through violent behaviour.

Applicants receive information about the rules of each centre before they enter.

Additionally, the entities managing each centre organise informative workshops and sessions where these rules are also mentioned. In all the centres there are also mediators to effectively solve the possible problems caused by disruptive and transgressive residents' behaviour. 

Whenever an application to enter a centre or reception facility is approved, the technical staff of the refugee reception centre inform the new resident of the rules governing the operation of the centre and coexistence in the latter, providing a clear explanation of his or her rights and obligations as a resident and the possibility of a compulsory expulsion in case of break these rules. 

Moreover, the CAR’s internal functioning regulations set out the obligations of the residents, whose rule breaking can lead to the implementation of the corresponding measures. 

The new Ministerial Order ISM/922/2023 on sanctions for breaching the house rules in reception facilities establishes in Article 9 the following sanctions for the above-mentioned infractions.

• Minor infringements shall be punishable by a reduction in financial assistance of between 10 % and 50 % for a period of between one and three months.

• Serious infringements may be sanctioned by one of the following penalties:

  - a reduction in financial assistance of between 50 % and 90 % for between four and twelve months;

  - transfer to another shelter;

  - temporary withdrawal of all or some of the material reception conditions for a period of between one and three months.

• Very severe infractions may be sanctioned by one of the following penalties:

  - temporary withdrawal of all or some of the material reception conditions for a period of between three and six months.

  - Mandatory and definitive withdrawal of all or some of the reception conditions, without prejudice to access to other social assistance that may correspond to them and that guarantee decent living conditions.

It also establishes that in the event of abandonment of the reception facility for more than 24 hours, the decision on the withdrawal or reduction of material reception conditions shall be based on the reasons for disappearance.

In those cases where it is found that the person has unduly benefited from the resources of the reception system, in addition to the corresponding sanction, a claim for reimbursement of the benefits received shall be made.

If the offences are committed by minors, a process of psychosocial intervention shall be initiated in their place. The persons responsible for compliance with these measures shall be those who have the exercise of guardianship or parental authority.

Finally, reference must be made to the Organic Law 4/2000 of 11 January, on the rights and freedoms of foreign nationals in Spain and their social integration (from article 50 to 57) and its implementing regulation (articles 216 and following ones), insofar as this regulation is applicable to residents in the refugee reception facilities.

The Royal Decree 220/2022 and the Ministerial Order ISM/922/2023 ensured an improved legal certainty on the reduction and withdrawal of reception facilities, as the infractions and sanctions are defined in more detail. The procedure is also detailed in Article 3 of the above-mentioned Ministerial Order.

The procedure is initiated ex officio by the DG but may be on its own initiative, on the initiative of another administrative body or based on a complaint from the person in charge of the reception facility. The instruction shall be carried out by the relevant Sub directorate-General and the director-general shall be responsible for deciding and imposing the relevant sanctions. Interim measures may be ordered at any time during the procedure.

The procedure will be conducted in Spanish, but the interested parties have the right to an interpreter in the language they understand.

An appeal against the sanctioning decision may be lodged to the Spanish Secretary of Migration within a period of one month. If no decision has been taken within three months, the appeal shall be dismissed.

Decisions on appeals may be appealed before the contentious-administrative courts.