Ms. Guillerma, a Colombian citizen who applied for asylum in Spain, will not have access to a residence permit due to her professional background while her file is still under review following the initial rejection. This was decided by the Supreme Court in a ruling of October 8, 2025, which established a doctrine on the scope of the rights of those who, like them remain eligible in the country thanks to the precautionary suspension of his expulsion.
The plaintiff, who was proven to have lived and worked in Spain for years, looked it up His application for international protection was rejectedl, resorted to the path of working roots to try to consolidate his situation. However, the Supreme Court has ruled that this temporary stay and the associated work permit cannot be an alternative path to legalization. The court overturns the positive rulings of the lower courts and confirms the refusal of the residence permit requested by the person concerned.
The Supreme Court ruling notes that the situation of Ms. Guillerma, who was granted permission to stay and work in Spain while the appeal was being decided against the refusal of asylum – does not constitute actual legal residence and therefore does not entitle you to obtain a work permit.
The court emphasizes that Community regulations apply guarantees the right to remain in the country During the examination of the file, this protection is only temporary and does not constitute access to legalization through exceptional means provided for by the Immigration Law. With this decision, the Supreme Court confirms that the suspension of expulsion cannot be used as a stepping stone to obtaining legal residence, even if the person has worked and lived continuously.
Guillerma’s legal career began in May 2022 when the government delegation in La Rioja refused her a residence permit due to professional roots. The plaintiff appealed to the Administrative Court No. 1 of Logroño, which partially agreed with her and ordered a re-examination of the file. The La Rioja Supreme Court confirmed this ruling in April 2023, but the government took the case to the Supreme Court. With the judgment that has now been made, the higher court has made its decision all decisions favorable to the plaintiff are set aside and supports the most restrictive interpretation.
The judgment ends the legal proceedings initiated by the Colombian plaintiff and establishes a fixed criterion for similar situations across the country. The decision of the government delegation to refuse the residence permit for professional reasons is confirmed and the Supreme Court ruling does not allow for appeal.
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