Can Ukrainians in Spain request a registration card if the consulate of their country denies them passport renewal?

Last week, Ukraine established that from May 18, Ukrainian males aged between 18 and 60 can only obtain a passport at consulates if they are registered in the conscription register. Thus, those who do not wish or are unable to do so will not be able to renew their passports at Ukrainian consulates in Spain. Spanish law provides for a type of Spanish identification document that is issued to foreigners who cannot obtain documents from any country. This document is called a “registration card” (cédula de inscripción). It is regulated by Royal Decree 557/2011.

The question arises whether Ukrainians residing in Spain under temporary protection could apply for a registration card if their country’s consulate does not issue them a passport. We understand that, under Spanish legislation as of today, this is not a real and/or legally secure possibility. Indeed, the registration card is a Spanish internal identification document intended to replace an absent foreign passport. However, obtaining the registration card requires meeting several challenging requirements for Ukrainians in our country. The most important of these is a notarial deed that shows that the consulate denies issuing the passport. Without it, the administration may refuse to process the application for the registration card. In principle, a report from the Office of Asylum and Refuge can replace the notarial deed, which authorizes the issuance of the registration card in exceptional cases. Currently, there are no instructions for issuing them.

What is the difference between a registration card and a travel document?

.The registration card is often confused with the “travel document” that refugees obtain, a type of “non-citizen passport”. They are not the same. The registration card does not allow crossing borders; it is a Spanish internal document. The travel document does indeed allow travel to other countries outside of Spain, but to receive it, one must have the registration card, which, as we have seen, is difficult. Moreover, even those who manage to obtain the Spanish travel document will need to apply for visas to enter other countries with it.

Conclusions

However, we ask the Ukrainian community in Spain for patience and calm. From experience, we might expect that the Spanish administration will eventually take steps to resolve the problem.

Maria Prades Hugas, lawyer at the Illustrious College of Lawyers of Barcelona, head of the legal department at ILLAY legal

Disclaimer: This article is for informational purposes only and may contain errors or be outdated. It does not constitute legal advice. For an updated initial consultation, contact us. One of our expert attorneys will assist you.

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