Author
Refugees and subsidiary protection beneficiaries have access to social welfare under the same conditions as Spanish nationals.[1] They are entitled to, among others, employment and unemployment, benefits, scholarship, social assistance allowances, emergency allowances, allowances for housing, etc.
The Ministry of Inclusion, Social Security and Migration is responsible for the provision of social assistance. In practice, beneficiaries access benefits without any particular obstacles.
Social welfare is not conditioned on residence in a specific place, since it is managed at the national level. However, assistance may be complemented by support at municipal and regional level if applicable.
In September 2025, the High Court of Justice of Cantabria ruled in favour of an asylum-seeking family, recognising their right to receive the Minimum Living Income[2] after proving more than one year of legal residence in Spain with the well-known ‘red card’. The National Social Security Institute (INSS) had initially denied the assistance, arguing that they did not meet the requirement of ‘continuous legal residence’. However, the high court confirmed that the red card for asylum seekers certifies legal residence from the moment it is granted.[3]
[1] Article 36(1)(f) Asylum Law.
[2] The Minimum Living Income (Ingreso Mínimo Vital – IMV) is a benefit aimed at preventing the risk of poverty and social exclusion among people who live alone or are part of a household and lack the basic financial resources to cover their basic needs.
[3] Info Migrantes, ‘Tribunal de Cantabria reconoce que la tarjeta roja de asilo sí acredita residencia legal en España’, 19 October 2025, available here.