TEXT OF THE LAW OF ALIENAGEICENSE 2001
TENTIRE TEXT OF THE LAW OF ALIENAGE
(In vigor from 23-01 -2001)
ORGANIC LAW 8/2000, of December 22, of reformation of the Organic Law 4/2000, of January 11, about rights and the foreigners' freedoms in Spain and their social integration.
(Published in BOE 23.12.2000)
JUAN CARLOS I
KING DE SPAIN
To all those that the present vieren and entendieren.
Know That Cortés Generals has approved and I come in sanctioning the Organic following Law.
EXHIBITION OF REASONS
January 12 2000 were published in the Official "Bulletin of the State" the Organic Law 4/2000, of January 11, about rights and the foreigners' freedoms in Spain and their social integration, there being you detected during their validity aspects in those that the reality of the migratory phenomenon overcomes the forecasts of the norm.
At the same time, our normative one should be according with the commitments assumed by Spain, concretely, with the conclusions adopted by the Bosses of State and of Government of the States members of European Union the days 16 and 17 of October of 1999 in Tampere about the creation of a space of freedom, security and justice.
The reformation of the Law Organic 4/2000 part of the situation and characteristic of the foreign population in Spain, not only at the present time, but of face to the coming years, being regulated the immigration from the consideration of this as a structural fact that has transformed Spain into a country of destination of the migratory flows and, for their situation, also in a traffic point toward other States whose border controls in the routes from ours have been eliminated or reduced substantially.
On the other hand, this normative one is part of a global position and coordinated in the treatment of the migratory phenomenon in Spain that contemplates from a wide vision all the aspects linked to the same one, and, hence, not only from an only perspective, like it can be that of the control of flows, that of the integration of the foreign residents, or that of the codesarrollo of the origin countries, but all them jointly.
The present Organic Law contains three articles, being devoted the first to the modification of the articulate one of the Organic Law 4/2000, of January 11, about rights and the foreigners' freedoms in Spain and its social integration, while the article second it modifies the additional unique disposition, adding an additional new disposition, and the third adapt the Titles and chapters from the same one to the made reformation.
The Organic Law 4/2000, of January 11, it conserves their articulate structure around a preliminary Title dedicated to general dispositions and where he/she appears summed up the environment of application of the same one, four Titles, and he/she closes with the additional, transitory, derogatory and final opportune dispositions.
The Title I picks up the articles dedicated to the "Rights and the foreigners'" freedoms, Title II on Juridical "Régime of the Foreigners", Title III "Of the Infractions as regards alienage and its régime sancionador" and finally the Title IV relative to the "Coordination of the public powers as regards immigration."
The modification of the preliminary Title is a grammatical mere improvement in the definition of the foreigners, being conserved the exclusions of the environment of the law that 4/2000 settled down in the Organic Law, of January 11.
Regarding the modification of the Title I whose content is specially important, it has been pursued to complete the constitutional command of the article 13 that it establishes that the foreigners will enjoy in Spain of the public freedoms that guarantees the Title I of the same one, in the terms that establish the Treaties and the Law, as well as the Jurisprudence in this respect of the Constitutional (sentences of the Constitutional Tribunal 107/1984, of November 23 99/1985, of September 30 115/1987, of July 7, etc.) Tribunal. This constitutional command has been conjugated with the international commitments acquired by Spain, especially as country member of European Union.
The Bosses of State and of Government of the States members of European Union they agreed the month of October of 1999 in Tampere that a fair treatment should be guaranteed to the national of third countries that resided legally in the territory of its States members. An integration politics should head to grant to these right residents and obligations comparable to those of the citizens of the Union, as well as to foment the discrimination absence in the economic, social and cultural life and to the development of measures against the racism and the xenophobia.
The modifications introduced to this Title I of the Law highlight for the concern in recognizing the foreigners the maximum bench mark of rights and freedoms. In the section 1 of the article 3 settle down that, as interpretive general approach, he/she will understand each other that the foreigners exercise the rights that it recognizes them this Law under conditions of equality with the Spaniards.
With relationship to the Title II of the Organic Law, relative to the juridical régime of the situations of the foreigners, the premise that he/she has informed the modifications made on its articulate one has been the one of establishing a régime of situations and permits that motivate the foreigners to enter and to reside in our country inside the mark of the regularity, in front of the entrance and irregular stay.
This Title has been adapted to that settled down regarding the entrance, régime of expedition of visas, stay and stay extension in the Agreement of application of the Agreement of Schengen, as long as Spain is part of this Agreement.
He/she has stayed the situation of temporary residence and the foreigners' permanent residence, being introduced the possibility of concession of a permission of temporary residence when humanitarian reasons or exceptional circumstances converge.
A difference settles down between the situation of stateless people and that of all those foreigners that, not being able to be documented by any country, they want to obtain a documentation in Spain that credits its identity.
Regarding the regulation of the work permission that authorizes the foreigners to carry out self-employed in Spain lucrative activities or other people's, the difference is clarified between this permission and the mere situation of legal residence, being equally prominent the treatment granted in this new text to the contingent of foreign workers, settling down some exceptions to the same one based on circumstances determined by the foreign worker's situation. In definitive it is articulated a régime documentary that it facilitates that the foreigner that wants to work in our country that can make it with all the guarantees and rights.
Finally, he/she has modified, to adapt it to the normative one effective on rates, the chapter IV of this Title, relative to the rates for administrative authorizations. The text of the Organic Law 4/2000 only made reference to the rates for administrative authorizations to work in Spain.
In the Title III, relative to the infractions as regards alienage and their régime sancionador, modifications have been introduced that can be synthesized in two sections: relative measures to the fight against the illegal immigration and it improves of the mechanisms to avoid the illegal immigration.
Regarding the first point, it is necessary to highlight two different questions, like they are the sanctions to the companies of transport and the sanctions that you/they go directed against those who organize nets for the traffic of human beings.
The reformation includes in the content of the Organic Law, according to the international commitments subscribed by Spain, as member of Schengen, sanctions to the transport ones that transfer foreigners until the Spanish territory without verifying that they complete the requirements for the entrance.
Regarding the sanctions directed against the traffic of people, measures are introduced to deepen in the fight against this traffic and human beings' exploitation, allowing the control of certain activities linked to the same one or facilitating the neutralization of the means used by the traffickers.
On the other hand, leaving that in a right State it is necessary to establish the instruments that allow to make effective the execution of the norms, in this case, of those that govern the entrance and permanency in Spanish territory, it has been introduced as penalizable infraction with expulsion the permanency in an illegal way in the Spanish territory, being sought, with it, to increase the capacity of performance of the State as for the control of the illegal immigration, at the level of other States members of European Union that you/they have in their juridical classifications the possibility of expelling the foreigners that are in this situation, an approach that is reflected in the conclusions of the European Council of Tampere.
Finally, regarding the Title IV of the Organic Law, relative to the coordination of the public powers as regards immigration, the definition of the Forum has been revised for the Social Integration of the Immigrants, focusing the consultation function, information and advice of this organ toward the integration of the immigrants that you/they are in Spain that is one of the main objectives of the Law.
Article first. It reforms of the articulate of the Organic Law 412000, of January 11, about rights and the foreigners' freedoms in Spain and their social integration.
The articles of the Organic Law 4/2000, of January 11, about rights and the foreigners' freedoms in Spain and their social integration that next are related, they will be edited as it continues: 1. The article 1 are edited in the following way:
"Article 1. Delimitation of the environment.
1. They are considered foreigners, to the effects of the application of the present Law, to those that lack the Spanish nationality.
2. That prepared in this Law will understand each other, in any event, without damage of that settled down in special laws and in the international Treaties in those that Spain is part."2. The section 1 of the article 3 modify like it continues:
"Article 3. The foreigners' rights and interpretation of the norms.
1. The foreigners will enjoy in Spain of the rights and freedoms recognized in the Title I of the Constitution in the terms settled down in the international Treaties, in this Law and in those that regulate the exercise of each one of them. As interpretive general approach, he/she will understand each other that the foreigners exercise the rights that it recognizes them this Law under conditions of equality with the Spaniards."3. The section 2 of the article 5 are edited as it continues:
"Article 5. Right to the circulation freedom.
2. Nevertheless, they will be able to settle down limitative specific measures when they remember in the declaration of exception state or place in the terms foreseen in the Constitution, and exceptionally for reasons of public security, in an individualized way, motivated and in proportion to the circumstances that converge in each case, for resolution of the Secretary of the Interior, adopted in accordance with the juridical guarantees of the procedure sancionador foreseen in the Law. The limitative measures whose duration won't exceed from the indispensable and proportional time to the persistence of the circumstances that you/they justified the adoption of the same ones, will be able to consist on the periodic presentation in the face of the competent authorities and in the estrangement of opposite or population's nucleuses summed up singly."4. The article 6 are edited as it continues:
"Article 6. Public participation.
1 . The foreign residents in Spain will be able to be regular of the vote right in the municipal elections, assisting to approaches of reciprocity, in the terms that are established for Law or Treaty for the Spanish residents in the origin countries of those.
2. The foreign residents, registered in a municipality, are entitled all the settled down by such a concept in the legislation of bases of régime local, being able to be heard in the matters that affect them of agreement with what you/they prepare the application regulations.
3. The City councils will incorporate to the census and they will maintain up-to-date the relative information to the foreigners that reside in the municipality.
4. The public powers will facilitate the exercise of the right of the foreigners' vote in the democratic electoral processes of the origin country."5. The section 1 of the article 7 are edited as it continues:
"Article 7. Meeting freedoms and manifestation.
1 . The foreigners will be entitled the meeting, according to the laws that regulate it for the Spaniards and that they will be able to exercise when they obtain stay authorization or residence in Spain."6. The article 8 are edited as it continues:
"Article 8. Association freedom.
All the foreigners will be entitled the association, according to the laws that regulate it for the Spaniards and that they will be able to exercise when they obtain stay authorization or residence in Spain."7. The article 9 are edited as it continues:
"Article 9. Right to the education.
1. All the foreigners smaller than eighteen years have right and duty to the education under the same conditions that the Spaniards, right that understands the access to a basic, gratuitous and obligatory teaching, to the obtaining of the academic corresponding titulación and the access to the public system of scholarships and helps.
2. In the case of the infantile education that has character volunteer, the public Administrations will guarantee the existence of a number of enough squares the population's escolarización that he/she requests it to assure.
3. The foreign residents will be entitled to the education of non obligatory nature under the same conditions that the Spaniards. In short, they will be entitled to not consent to the education levels and teaching foreseen in the previous section and to the obtaining of the titulaciones that you/they correspond to each case, and to the access to the public system of scholarships and helps.
4. The public powers will promote that the foreign residents that need can receive it a teaching for their social best integration, with recognition and respect to their cultural identity.
5. The foreign residents will be able to consent to the educational acting of activities of character or of scientific investigation of agreement with that settled down in the effective dispositions. Also they will be able to create and to direct agreement centers with that settled down in the effective dispositions." 8. The article 10 are edited as it continues:
"Article 10. Right to the work and the Social security.
1. The foreigners that gather the requirements foreseen in this Organic Law and in the dispositions that develop it they will be entitled to exercise an activity remunerated self-employed or other people's, as well as to the access to the system of the Social security, of conformity with the effective legislation.
2. The foreign residents in Spain will be able to consent, in equality of conditions that the national of the States members of European Union, as personal labor to the service of the public Administrations, in accordance with the constitutional principles of equality, merit and capacity, as well as that of publicity. To such an effect they will be able to show up to the offers of employment public that summon the public Administrations."9. The article 11 are edited as it continues:
"Article 11. Unionization freedom and it.
1. The foreigners will be entitled to syndicate freely or to affiliate to a professional organization, under the same conditions that the Spanish workers that will be able to exercise when they obtain stay authorization or residence in Spain.
2. In a same way, when they are authorized to work, they will be able to exercise the strike right."10. The article 13 are edited as it continues:
"Article 13. Right to helps as regards housing.
The foreign residents are entitled to consent to the public system of helps as regards housing under the same conditions that the Spaniards."11. The section 1 of the article 15 are edited as it continues:
"Article 15. Subjection of the foreigners to the same taxes that the Spaniards.
1. Without damage of that prepared in the applicable agreements on international double imposition, the foreigners will be subject, with character general, to the same taxes that the Spaniards."12. The sections 2 and 3 of the article 16 are edited as it continues:
"Article 16. Right to the family intimacy.
2. The foreign residents in Spain are entitled to regroup with them to the relatives that are determined in the article 17.
3. The spouse that had acquired the residence in Spain for family cause and their relatives with him contained they will conserve the residence although it breaks the matrimonial bond that gave place to the acquisition.
Regulation mind one will be able to determine the previous time of coexistence in Spain that one has to credit in these suppositions."13. A second section is added to the article 17 and the first section of the article 17 it is edited as it continues, being suppressed the letters and) and f) of this article, and two new articles are added with the numbers 18 and 19:
"Article 17. Family reagrupables.
1. The foreign resident is entitled to regroup with him in Spain to the following ones family:
d) The ascendancy of the regrouping one or their spouse, when they are to their position and reasons that justify the necessity to authorize their residence in Spain exist.
2. Reglamentariamente, the conditions will be determined for the exercise of the regrouping right and, especially, of which corresponds those who have acquired the residence by virtue of a previous regrouping.
Article 18. Procedure for the family regrouping.
1. The foreigners that want to exercise this right will request a residence authorization for family regrouping in favor of the members of their family that want to regroup. At the same time, they will contribute the test that they have an appropriate lodging and of the enough means of subsistence to assist the necessities of their family once regrouped.
2. They will be able to exercise the right to the regrouping with their relatives in Spain when they have resided legally one year and have authorization to reside at least another year.
3. When the application of family regrouping, the competent authority is accepted it will send in favor of the members of the family that will be regrouped the residence authorization whose duration will be similar to the period of validity of the authorization of the person's residence that he/she requests the regrouping.
4. Reglamentariamente will be determined the conditions for the exercise of the regrouping right for those who have acquired the residence by virtue of a previous regrouping.
Article 19. Effects of the family regrouping in special circumstances.
1. The spouse will be able to obtain an authorization of independent residence when:
to) he/she Obtains an authorization to work.
b) it Credits to have lived in Spain with their spouse during two years. This term will be able to be reduced when circumstances of character relative that justify it converge.
2. The regrouped children will obtain an authorization of independent residence in the following cases
to) When they reach most of age.
b) When they obtain an authorization to work."14. They modify the sections 2 and 3 of the article 18, being added a new section and being edited as it continues, in an article that becomes 20:
"Article 20. Right to it guides her judicial effective.
2. The administrative procedures that settle down as regards alienage will respect the guarantees foreseen in the general legislation on administrative procedure in any event, especially in the relative thing to publicity of the norms, contradiction, audience of the interested one and motivation of the resolutions, except for that prepared in the article 27 of this Law.
3. In the administrative procedures they will be legitimated to intervene as interested the organizations constituted legally in Spain for the defense of the immigrants, specifically designated by these.
4. In the contentious administrative processes as regards alienage will be legitimated the entities that are affected in the terms foreseen by the article to intervene 19.1.b) of the Law reguladora of this jurisdiction." 15. The section 2 of the article 19 are edited as it continues, in an article that becomes 21:
"Article 21. Right to the resource against the administrative acts.
2. The régime of ejecutividad of the acts administrative dictations as regards alienage will be the one foreseen with character general in the effective legislation, except for that prepared in this Law for the procedure of expulsion files with preferable character."16. The article 20 are edited as it continues, becoming 22:
"Article 22. Right to the artificial gratuitous attendance.
1. The foreigners that are in Spain and that they lack economic enough resources according to the approaches settled down in the normative of artificial gratuitous attendance they are entitled to this in the administrative or judicial procedures that can take to the denial of their entrance, to their refund or expulsion of the Spanish territory and in all the procedures as regards asylum. Also, they will be entitled to interpreter's attendance if they don't understand or they speak the official language that is used.
2. The foreign residents that credit inadequacy of economic resources to contest will be entitled to the artificial gratuitous attendance in equals conditions that the Spaniards in the processes in those that are part, whichever it is the jurisdiction in which you/they are continued."17. The article 21.2.e) it is edited in the following terms, becoming article 23
and) it Constitutes indirect discrimination all derived treatment of the adoption of approaches that you/they harm the workers for their condition of foreigners or to belong to a certain race, religion, ethnos or nationality."18. The section 1 of the article 23 are edited as it continues, becoming 25:
"Article 25. Requirements for the entrance in Spanish territory.
1. The foreigner that seeks to enter in Spain will make it for the positions paymasters to the effect, to be provided of the passport or trip document that it credits his identity that is considered valid for such an end by virtue of international agreements subscribed by Spain and not to be subject to expressed prohibitions. Also, it will present the documents that reglamentariamente is determined that justify the object and stay conditions, and to credit enough means of life for the time that seeks to remain in Spain, or to be under conditions of obtaining legally this means."19. The article 24 are edited as it continues, becoming 26:
"Article 26. Entrance prohibition in Spain: 1. Not they will be able to enter in Spain, neither to obtain a visa to such an end, the foreigners that have been expelled, while the entrance prohibition lasts, as well as those that have it prohibited by another legally established cause or by virtue of international agreements in those that it is part Spain.
2. To the foreigners that don't complete the established requirements for the entrance, it will be refused them by means of motivated resolution, with information about the resources that can interpose against her, term to make it and authority before the one who should formalize it, and of their right to the literate attendance that will be able to be of occupation, and of interpreter that will begin in the same moment to be made the control in the border position."20. The article 25 are edited as it continues, becoming 27:
"Article 27. Expedition of the visa.
1. The visa will be requested and it will send in the Diplomatic Missions and Consular Offices of Spain, and it will enable the foreigner to show up in a border Spanish position and to request its entrance. Exceptionally, the stay visas will be able to be requested and sent in the position paymaster for the entrance.
2. Reglamentariamente will settle down the normative one specific of the concession procedure and expedition of visas, according to that foreseen in the additional disposition eleventh of the Law 30/1992, of November 26. In this procedure it will be been able to require the applicant's personal appearance.
3. The exercise of the grant imperium or denial of visas will be held to the international effective commitments in the matter and it will be guided to the execution of the ends of the foreign policy of the Kingdom of Spain and of other public Spanish politicians or of European Union, as the immigration politics, the economic politics and that of civic security.
4. For exceptional suppositions they will be able to notice for via regulation other approaches to those that he/she must undergo the grant and denial of visas.
5. The visa denial will be motivated when it is about residence visas for family regrouping or for the work for other people's bill. If the denial is due to that the applicant of the visa is included in the list of non acceptable people foreseen in the Agreement of application of the Agreement of Schengen of June of 1990, 14 she will be communicated that conformity with the norms settled down by this Agreement.
The resolution will express the resources that proceed against the same one, organ before which you/they had to show up and term to interpose them."21. The section 3.c) of the article 26 are edited as it continues, becoming 28:
"Article 28. Of the exit of Spain.
3.c) administrative Denial of the applications formulated by the foreigner to continue remaining in Spanish territory, or authorization lack to be in Spain."22. Two new sections are added to the article 27 that figure as 2 and 3, like it continues, being the original writing of this article like remote 1 of the same one, becoming 29:
"Article 29. Enumeration of the situations.
2. The temporary and permanent residence, as well as the stay extension, they will be authorized by the Ministry of the Interior.
3. They are foreign residents those that have obtained a permission of temporary residence or of permanent residence."23. He/she modifies the section 3 of the article 28, like it continues, being introduced a new section to this article that figures as 4, becoming 30:
"Article 30. Stay situation.
3. In the entrance suppositions with visa, when the duration of this is inferior to three months, one will be able to continue the stay that will be able to be superior to three months in any case, in a period of six months.
4. In the entrance suppositions without visa, when exceptional circumstances that justify it, converge it will be been able to authorize the stay of a foreigner in the Spanish territory beyond three months." 24. They modify the sections 2, 3, 4 and 5 of the article 29, like it continues, being added two new sections, with the numeration that corresponds, becoming 31:
"Article 31. Situation of temporary residence.
2. The situation of temporary residence will be granted the foreigner that credits to have enough means of life to assist its maintenance expenses and stay, including, in its case, those of its family, during the period of time for which requests it without necessity of carrying out lucrative activity, intend to be carried out an economic activity self-employed or other people's and have obtained the administrative authorization to work to that refers the article 34 of this Law, that is to say beneficiary of the right to the family regrouping. Reglamentariamente will settle down the approaches to the effects of determining the sufficiency of the means of life to that he/she refers the remote present.
3. The Administration will be able to grant the permission of temporary residence to the foreigners that had obtained such a permission in its moment and they had not been able to him to renovate, as well as to those that credit a permanency in Spanish territory during a five year-old minimum period. Reglamentariamente will be determined the requirements to consent to the temporary residence for this road, especially regarding the justification of economic means of subsistence, and permanency deforms continued in the Spanish territory.
4. It will be been able to grant a permission of temporary residence when humanitarian reasons converge, exceptional circumstances or when a situation is credited of I root, in the suppositions foreseen reglamentariamente.
5. To authorize the temporary residence of a foreigner it will be necessary that it lacks criminal records in Spain or in their countries previous of residence for existent crimes in the Spanish classification and not to figure as rejectable in the territorial space of countries with those that Spain has signed an agreement in such a sense. It will be valued, in function of the circumstances of each supposition, the possibility to renovate the residence permission to the foreigners that hubieren been condemned by the commission of a crime and have completed the condemnation, those that have been pardoned, or that they are in the situation of conditional remission of the pain.
6. The foreigners with permission of temporary residence will come forced to put in knowledge of the Ministry of the Interior the changes of nationality and home.
7. Exceptionally, for humanitarian reasons or of collaboration with the Justice, it will be been able to exempt for the Ministry of the Interior of the obligation of obtaining the visa to the foreigners that are in Spanish territory and complete the requirements to obtain a residence permission. When the excuse is requested as resident's spouse, they will meet the circumstances of the articles 17 and 18 and to credit the coexistence at least during one year and that the spouse has authorization to reside at least another year."25. The section 2 of the article 30 are edited as it continues, becoming 32:
"Artículo32. Permanent residence.
2. They will be entitled to permanent residence those that have had temporary residence during five years in a continuous way. It will be considered that the residence has been continued although for periods of vacations or other reasons that reglamentariamente settles down they have abandoned the national territory temporarily. With regulation character and exceptionally the approaches will settle down so that it is not exigible the mentioned term in suppositions of special linking with Spain."26. The article 31 are edited as it continues, becoming 33:
"Article 33. The students' special régime.
1. He/she will have student's consideration the foreigner whose coming to Spain has as unique or main end the to study or to enlarge studies or to carry out investigation works or formation, not remunerated laborly, in any educational centers or Spanish scientists, publics or private, officially grateful.
2. The duration of the stay authorization for the Ministry of the Interior will be similar to that of the course for the one that is registered.
3. The authorization will be continued annually if the holder demonstrates that it continues gathering the conditions required for the expedition of the initial authorization and that it completes the requirements demanded by the teaching center to which attended, there being you verified the realization of the studies.
4. The foreigners admitted with study ends won't be authorized to exercise an activity rewarded self-employed neither other people's. However, in the measure in that doesn't limit it the prosecution of the studies, and in the terms that regulation mind is determined, they will be able to exercise activities remunerated on time partial or of certain duration.
Nevertheless that prepared in the article 10.2 of this Law, the foreigners admitted with study ends will be able to be hired as personal labor to the service of the public Administrations under the terms and conditions foreseen in this article.
5. The work realization in a family to compensate the stay and maintenance in the same one while they improve the linguistic knowledge or professionals will be regulated of agreement with that prepared in the international agreements on placement "au pair.""27. The article 32 are edited as it continues, becoming 34:
"Article 34. Stateless persons' residence, illegal aliens and refugees.
1. The Secretary of the Interior will recognize stateless person's condition to the foreigners that manifesting that they lack nationality they gather the requirements foreseen in the Convention on the Statute of Stateless persons, made in New York September of 1954, 28 and it will send them that of the mentioned Convention. Stateless person's statute will behave the specific régime that reglamentariamente is determined.
2. The foreigner that shows up in dependences of the Ministry of the Interior manifesting that for any unbeatable cause, different from the apatridia, it cannot be documented by the authorities of any country and that he/she wants to be documented by Spain, after having practiced the pertinent information, exceptionally he/she will be able to obtain, in the terms that reglamentariamente is determined, a document identificativo that credits its inscription in the referred dependences. In any event, the requested documentation will be refused when the petitioner is incurso in some of the suppositions of the article 26.
The foreigners that have obtained this inscription and want to remain in Spain they will urge the valid concession off of residence during the validity of the one mentioned document. They will also be able to request the concession off of work for the signal time, under the same conditions that the other foreigners.
Those that want to travel to the foreigner will also be provided of a trip title.
3. The favorable resolution on the asylum petition in Spain will suppose the recognition of the condition of the applicant's refugee, which will be entitled to reside in Spain and to develop labor activities, professionals and mercantile of conformity with that prepared in the Law 5/1984, of March 26, reguladora of the asylum right and of refugee's condition, modified by the Law 9/1994, of May 19, and its normative of development. This condition will suppose its non refund neither expulsion in the terms of the article 33 of the Convention on the Statute of the Refugees, made in Geneva July 28 of 1951." 28. The article 33 are edited as it continues, becoming 35:
"Article 35. Residence of smaller.
1. In the suppositions in that the Bodies and Forces of Security of the State locate an undocumented foreigner whose age minority cannot be established with security, he/she will be given, for the competent services of protection of smaller, the immediate attention that specifies, of agreement in that settled down in the legislation of the minor's artificial protection, putting on the fact in immediate knowledge of the Fiscal Ministry that will prepare the determination of its age, for what you/they will collaborate the sanitary opportune institutions that, with high-priority character, they will carry out the necessary tests.
2. Certain the age, if is about a minor, the Fiscal Ministry it will put it to disposition of the competent services of protection of smaller.
3. The Administration of the State, conform at the beginning of the minor's family regrouping and previous report of the protection services of smaller, it will solve what proceeds on the return to its origin country or that where is its relatives or, in its defect, on its permanency in Spain.
4. It is considered to regulate to all the effects the residence of the minors that you/they are guided by a public Administration. At the request of the organism that exercises the it guides and once the return impossibility has been credited with its family or to the origin country, he/she will be granted a residence permission whose effects you retrotraerán to the moment in that the smallest hubiere been put to disposition of the protection services of smaller.
5. The Bodies and Forces of Security of the State will adopt the technical necessary measures for the identification of the undocumented smallest foreigners, with the purpose of knowing the possible references that it has more than enough they could exist in some public national institution or foreigner in charge of their protection. These data won't be able to be used for a purpose different to the one foreseen in this section."
29. The article 34 are edited as it continues, becoming 36:
"Article 36. Authorization for the realization of lucrative activities.
1. The foreigners bigger than sixteen years to exercise any lucrative, labor or professional activity, they will obtain, besides the residence permission or stay authorization, an administrative authorization to work.
2. When the foreigner intended to work self-employed or other people's, exercising a profession for which a special titulación, the concession of the permission is demanded will be conditioned to the holding and, in its case, approval of the corresponding title. It will also be conditioned to the colegiación, if the laws demand this way it.
3. The employers that want to not hire a foreigner authorized to work will obtain previously, according to that prepared in the section 1 of this article, authorization of the Ministry of Work and Social Matters. The lack of the corresponding authorization on the part of the employer, without damage of the responsibilities to that he/she gives place, won't invalidate the work contract regarding the foreign worker's rights.
4. In the initial concession of the administrative authorization to work will be been able to apply special approaches for certain nationalities in function of the principle of reciprocity."30. The article 35 are edited as it continues, becoming 37:
"Article 37. Work permission self-employed.
For the realization of economic activities self-employed, in merchant's, industrial, farmer quality or artisan, it will credit to have requested the administrative corresponding authorization, when it proceeds, and to complete all the requirements that the effective legislation demands to the national ones for the opening and operation of the projected activity and to obtain of the Ministry of Work and Social Matters the authorization foreseen in the article 36 of this Law."31. The article 36 are edited as it continues, becoming 38:
"Article 38. The work permission for other people's bill.
1. For the initial concession of the work permission, in the case of workers for other people's bill, one will keep in mind the national situation of employment.
2. The work permission will have an inferior duration to five years and it will be been able to limit to a certain territory, sector or activity.
3. The work permission will be renewed to its expiration if:
to) it Persists or he/she is renewed the contract or work offer that motivated their initial concession, or when it is had a new employment offer in the terms that reglamentariamente settles down.
b) When for the competent authority, according to the normative of the Social security, you granted hubiere a benefit contributiva for unemployment, for the time of duration of this benefit.
c) When the foreigner is beneficiary of an economic assistance benefit of character public dedicated to achieve his social or labor insert during the term of duration of the same one.
d) When the circumstances that reglamentariamente settles down converge. Starting from the first concession, the permits will be granted without some limitation of geographical environment, sector or activity."32. The article 38 are edited as it continues, becoming 39:
"Article 39. The contingent of foreign workers.
The Government, keeping in mind the national situation of employment, the proposals that they elevate him/her the Communities Autonomous and previous audience of Politics's of Immigration Superior Council and of the union and managerial most representative organizations, he/she will settle down annually, whenever manpower necessity, a contingent for this end exists in the one that will notice the number and the characteristics of the employment offers that offer to foreign workers that are not neither be residents in Spain, with indication of sectors and professional activities. To these effects, the proposals that they can elevate the Autonomous Communities they will include the number of employment offers and the professional characteristics of the workers."33. The article 39 are edited as it continues, becoming 40:
"Article 40. Specific suppositions.
One won't keep in mind the national situation of employment when the work contract or the placement offer goes directed to: 1. The covering of positions of trust under the conditions fixed reglamentariamente.
2. The spouse or residing in foreigner's son Spain with a renovated permission.
3. The holders of a previous authorization of work that seek their renovation.
4. The necessary workers for the assembly for renovation of an installation or productive teams.
5. Those that had enjoyed the condition of refugees during the following year to the ceasing of the application of the Convention of Geneva of 1951, on the Statute of having given refuge by the reasons picked up in their article I.C.5.
6. Those that had been recognized as stateless persons and those that had lost the condition of stateless persons the following year to the termination of this statute.
7. The foreigners that are responsible for.
8. The born foreigners and residents in Spain.
9. The children or grandsons of Spanish of origin.
10. The smallest foreigners in labor age with permission of residence that you/they are guided by the protection entity of smaller competent, for those activities that, to approach of the mentioned entity, favor their social, and once credited integration the return impossibility with their family or to the origin country.
11. The foreigners that obtain the residence permission for the procedure foreseen in the article 31.3 of the present Law. This permission will have the duration of one year."34. The article 40 are edited as it continues, becoming 41:
"Article 4 1. Exceptions to the work permission.
1. Not it will be necessary the obtaining off of work for the exercise of the following activities: 1. The technicians and foreign scientists, companies or hired by the State, the Autonomous Communities or the local Entities.
2. The foreign invited professors or hired by a Spanish university.
3. The directive personnel and the faculty foreigners, of institutions cultural and educational clerks of other States, or private, of having credited prestige, officially grateful for Spain that you/they develop in our country cultural and educational programs of their respective countries, as long as they limit their activity to the execution of such programs.
4. The civil or military officials of the Administrations state foreigners that come to Spain to develop activities by virtue of cooperation agreements with the Spanish Administration.
5. The correspondents of media social foreigners, properly credited, for the exercise of the informative activity.
6. The members of scientific international missions that carry out works and investigations in Spain, authorized by the State.
7. The artists that come to Spain to carry out concrete performances that don't suppose a continuous activity.
8. The ministers, religious or representatives of the different churches and confessions, properly inscribed in the Registration of Religious Entities, as long as they limit their activity to strictly religious functions.
9. The foreigners that form part of the representation organs, government and administration of the unions homologated internationally, whenever they limit their activity to strictly union functions.
10. The origin Spaniards that had lost the Spanish nationality.
2. Reglamentariamente will settle down the procedure to credit the exception.
3. Also, they won't have to request the obtaining of the work permission the foreigners in situation of permanent residence settled down in the article 32 of this Organic Law." 35. The article 41 are edited as it continues, becoming 42:
"Article 42. The season workers' special régime.
1. The Government will regulate reglamentariamente the work permission for the foreign workers in season activities or campaign that it allows them the entrance and exit of the national territory of agreement with the characteristics of the mentioned campaigns and the information that give him/her the Autonomous Communities where they are promoted.
2. To grant them work permits it will be guaranteed that the seasonal workers will be housed in conditions of dignity and adapted hygiene.
3. The public Administrations will promote the attendance of the social appropriate" services.
36. The article 42 are edited as it continues, becoming 43:
"Article 43. Transborder workers and transnational benefit of services.
1. The foreign workers that, residing in the bordering area, develop their activity in Spain and return daily to their residence place they will obtain the administrative corresponding authorization, with the requirements and conditions with which the authorizations of régime general are granted.
2. Reglamentariamente will settle down the conditions for the work permission in the mark of transnational benefits of services, in accordance with the normative one effective."37. The article 43 are edited as it continues, becoming 44:
"Article 44. Taxable fact.
1. The rates will be governed by the present Law and for the normative other sources that for the rates 9 of the Law settle down in the article 8/1989, of April 13, of Rates and Public Prices.
2. It constitutes the taxable fact of the rates the concession of the administrative authorizations and the expedition of the documents of identity foreseen in this Law, as well as their extensions, modifications and renovations, in particular:
to) The expedition of entrance visas in Spain.
b) The concession of authorizations for the extension of the stay in Spain.
c) The concession of residence permits in Spain.
d) The concession of work permits.
and) The concession of cards of studies.
f) The expedition of documents of illegal aliens' identity."38. The article 44 are edited as it continues, becoming 45:
"Article 45. I become.
The rates will be yielded when the authorization, extension, modification, or renovation, is granted or when the document is sent."39. The article 45 are edited as it continues, becoming 46:
"Article 46. Passive fellows.
1. They will be subject passive of the rates people in whose favor the authorizations are granted or the documents are sent foreseen in the article 44 I save in the work permits for other people's bill, in which case it will be subject passive the employer or manager.
2. It will be null all pact for which the worker for other people's bill assumes the obligation of paying in everything or partly the amount of the rates settled down by the concession, renovation, modification or extension of the work contract."40. The article 46 are edited as it continues, becoming 47:
"Article 47. Excuse.
Not they will come forced to the payment of the rates by the expedition of the work permits the national Latin Americans, Filipinos, Andorran, ecuatoguineanos, the sefardíes, the children and grandsons of Spanish or Spanish of origin, and the foreigners born in Spain, when they seek to carry out a lucrative, labor or professional activity, self-employed."41. The article 47 are edited as it continues, becoming 48:
"Article 48. Quantity of the rates.
1. The amount of the rates will settle down for ministerial Order of the competent Departments.
2. The norms that determine the quantity of the rates will go accompanied by an economic financial memory on the cost of the activity that it is and on the justification of the proposed quantity, which will be adjusted to that settled down in the articles 7 and 19.2 of the Law 8/1989, of April 13.
3. They are considered elements and essential approaches of quantification that you/they will only be able to modify by means of norm of the same range, the following ones:
to) In the expedition of the entrance visas in Spain, the limitation of the effects of the visa to the traffic aeroportuario, the duration of the stay, the number of authorized entrances, as well as, in their case, the fact that it is sent in frontier. They will also be kept in mind in the determination of the amount of this rate the complementary costs that originate for the expedition of visas when, at the request of the interested one, use of such procedures should be made as messaging, electronic mail, urgent mail, telefax, telegram or phone conference.
b) In the concession of authorizations for the stay extension in Spain, the duration of the extension.
c) In the concession of residence permits, the duration of the permission, as well as their definitive or temporary character, and, inside these last, the fact that it is about the first or ulterior concessions or their renovations.
d) In the concession of work permits, the duration of the permission, their extension and environment, the character and the modalities of the relationship for other people's bill, as well as, in their case, the amount of the conventional wage.
and) In the concession of cards of studies, the duration of the permission and the fact that it is about the first or ulterior concessions or their renovations.
In any event, it will be quantitative approach of the rates the character singular or collective of the permits, extensions, modifications or renovations.
4. The amounts of the rates for expedition of visas will be adapted to the revision that proceeds for application of the community Right. They will make comfortable, also, to the amount that can settle down for application of the principle of reciprocity."42. The article 48 are edited as it continues, becoming 49:
"Article 49. Management, collection and autoliquidación.
1. The management and collection of the rates will correspond to the competent organs in the ministerial different Departments for the concession of the authorizations, modifications, renovations and extensions, and for the expedition of the documentation to that he/she refers the article 44.
2. The passive fellows of the rates will be forced to practice autoliquidación operations it would pay and to carry out the entrance of their amount in the Treasure when reglamentariamente is foreseen this way."43. The article 46 of the Organic Law 4/2000, of January 11, on the imperium sancionadora, it changes their numeration, transforming into the article 50.
44. The article 47 of the Organic Law 4/2000, of January 11, on types of infractions, it changes their numeration, transforming into the article 51.
45. The article 51 are edited as it continues, becoming 52:
"Article 52. Light infractions:
They are light infractions
to) The omission or the delay in the communication to the Spanish authorities of the changes of nationality, of civil state or of home, as well as of other decisive circumstances of their labor situation when they are they exigible for the normative one applicable.
b) The delay, up to three months, in the application of renovation of the authorizations once has expired.
and) to Be working in Spain without having requested administrative authorization to work self-employed, when it is had permission of temporary residence." 46. The article 52 are edited as it continues, becoming 53:
"Article 53. Serious infractions.
They are serious infractions:
to) to Be abnormally in Spanish territory, for not having obtained or to have expired more than three months the stay extension, the residence authorization or similar documents, when exigible fueren, and whenever the interested one not requested hubiere the renovation of the same ones in the term foreseen reglamentariamente.
b) to Be working in Spain without having obtained work permission or administrative previous authorization to work, when it doesn't have authorization of valid residence.
c) to Incur in deceitful concealment or serious falsehood in the execution of the obligation of putting in knowledge of the Ministry of the Interior the changes that affect to nationality, civil state or home.
d) The nonfulfillment of the measures imposed by reason of public security, of periodic presentation or of estrangement of opposite or population's nucleuses summed up singly, of agreement with that prepared in the present Law.
and) The commission of a third light infraction, whenever in a term of a previous year it had been sanctioned by two light lacks of the same nature.
f) The participation for the foreigner in the realization of activities contrary to the public order foreseen as serious in the Organic Law 1/1992, of February 21, on Protection of the Civic Security.
g) The exits of the Spanish territory for not enabled positions, without exhibiting the foreseen documentation or contravening the legally imposed prohibitions."47. The article 53 are edited as it continues, becoming 54:
"Article 54. Very serious infractions.
1. They are very serious infractions:
to) to Participate in activities contrary wing external security of the State or that they can harm the relationships of Spain with other countries, or to be implied in activities contrary to the public order foreseen as very serious in the Organic Law 1/1992, of February 21, on Protection of the Civic Security.
b) to Induce, to promote, to favor or to facilitate, being part of an organization with spirit of lucre, the secret immigration of people in traffic or going to the Spanish territory whenever the fact doesn't constitute crime.
c) The realization of discrimination behaviors for racial, ethnic, national or religious reasons, in the terms foreseen in the article 23 of the present Law, whenever the fact doesn't constitute crime.
d) The recruiting of foreign workers without having obtained with character foresaw the corresponding work permission, being incurred in an infraction by each one of the foreign busy workers.
and) The commission of a third serious infraction whenever in a term of a previous year it had been sanctioned by two serious lacks of the same nature.
2. They are also very serious infractions
to) The transport of foreigners by air, marine or terrestrial, until the Spanish territory, for the fellows responsible for the transport, without they had checked the validity and validity, so much of the passports, trip titles or pertinent documents of identity, as, in their case, of the corresponding visa, of those that will be regular those mentioned foreigners.
b) The nonfulfillment of the obligation that you/they have the transport ones of being taken charge without loss of the transported foreigner's time that, for deficiencies in the documentation before mentioned, don't have been authorized to enter in Spain.
This obligation will include the maintenance expenses of the one mentioned foreigner and, if they request this way it the authorities in charge of the entrance control, those derived of this foreigner's transport that will take place immediately, well by means of the company sanction object or, in its defect, by means of another company of transport, with address to the State starting from which has transported him/her, to the State that has sent the trip document with which has traveled or to any other State where it is guaranteed its admission.
That settled down in the two previous letters also understands each other for the case in that the air or marine transport is carried out from Ceuta or Melilla until any other point of the Spanish territory.
3. Nevertheless that prepared in the previous articles, won't be considered infraction to the present Law the fact of transporting until the Spanish frontier to a foreigner that, having presented their asylum application immediately, this is admitted to step, of conformity with that settled down in the article 4.2 of the Law 5/1984, of March 26, modified by the Law 9/1994, of May 19."48. The article 54 are edited as it continues, becoming 55:
"Article 55. Sanction.
1. The infractions tipificadas in the previous articles will be sanctioned in the following terms:
to) The light infractions with ticket of until 50.000 pesetas.
b) The serious infractions with ticket of 50.001 until 1.000.000 of pesetas.
c) The very serious infractions with ticket from 1.000.001 until 10.000.000 of pesetas.
2. It will correspond the Government's Subdelegate or the Government's Delegate in the Communities uniprovinciales the imposition of the sanctions for the administrative infractions settled down in the present Organic Law.
In the qualified suppositions as light infraction of the article 52.c), serious of the article 53.b), when it is self-employed about workers, and very serious of the article 54.1d), the procedure sancionador will begin for records of the Inspection of Work and Social security, in accordance with that settled down in the procedure sancionador by infractions of the social order, corresponding the imposition from the sanctions to the authorities referred in the previous paragraph.
3. For the graduation of the sanctions, the competent organ in imposing them will be adjusted to approaches of proportionality, valuing the grade of guilt and, in its case, the produced damage or the derived risk of the infraction and its transcendency.
4. For the determination of the quantity of the sanction one will keep especially in mind the offender's economic capacity.
5. Unless they not belong at a third responsible for the infraction, in the supposition of the letter b) of the section 1 of the article 54, they will be seizure object the vehicles, crafts, airships, and how many goods furniture or properties, of any nature that you/they are, have served as instrument for the commission of the mentioned infraction.
In order to guarantee the effectiveness of the forfeit, the goods, effects and instruments to that he/she refers the previous section will be able to be apprehended and positions to disposition of the governmental authority, from the first interventions, to you are of the file sancionador that will solve the pertinent thing in connection with the confiscated goods.
6. In the supposition of the infraction foreseen in the letter d) of the section 1 of the article 54 of the present Law, the governmental authority will be able to adopt, without damage of the sanction that corresponds, the closing of the establishment or local from six months to five years."49. The article 52 of the Organic Law 4/2000, of January 11, on prescription of the infractions and of the sanctions, it changes their numeration, transforming into the article 56.
50. The article 56 are edited as it continues, becoming 57:
"Article 57. Expulsion of the territory.
1 . When the offenders are foreign and carry out behaviors of the tipificadas like very serious, or serious behaviors of those foreseen in the sections to), b), c) d) and f) of the article 53 of this Organic Law, it will be been able to apply instead of the ticket sanction the expulsion of the Spanish, previous territory the procedure of the administrative corresponding file.
2. Also it will constitute expulsion cause, previous the procedure of the corresponding file that the foreigner has been condemned, inside of or outside of Spain, for a deceitful behavior that constitutes in our country crime sanctioned with exclusive pain of freedom superior to one year, unless the criminal records had been canceled.
3. In any case they will be been able to impose the expulsion sanctions jointly and it fines.
4. The expulsion will bear, in any event, the extinction of any authorization to remain in Spain of which was regular the expelled foreigner.
5. The expulsion sanction won't be able to be imposed, unless the made infraction is the one foreseen in the article 54, letter to) of the section 1, or suppose a repetition in the commission in the term of a year of an infraction of the penalizable same nature with the expulsion, to the foreigners that are in the following suppositions
to) The born ones in Spain that you/they have resided legally in the last five years.
b) Those that have grateful the permanent residence.
c) Those that have been origin Spaniards and they had lost the Spanish nationality.
d) Those that are beneficiaries of a benefit for permanent inability for the work like consequence of an industrial accident or professional illness happened in Spain, as well as those that perceive a benefit contributiva for unemployment or be beneficiaries of an economic assistance benefit of character public dedicated to achieve their insert or social or labor reinserción.
6. Neither they will be able to be expelled the spouses of the foreigners, ascendancy and smaller children or disabled in charge of the foreigner that is previously in some of the signal situations and have resided legally in Spain during more than two years, neither the pregnant women when the measure can suppose a risk for the gestation or for the mother's health.
7. When the foreigner is processed or inculpated in a procedure by crimes punished with inferior exclusive hardships of freedom to six years, the Judge will be able to authorize, previous audience of the District attorney, his exit of the Spanish territory, whenever the requirements are completed settled down in the Law of Criminal Prosecution, or his expulsion, if this was coming from conformity with that foreseen in the paragraphs previous of the present article, previous sustanciación of the corresponding procedure administrative sancionador.
Not they will be of application the forecasts contained in the previous paragraph when it is about crimes tipificados in the articles 312, 318 bis 515.6.º, 517 and 518 of the Penal Code.
In the supposition that it is legally about foreigners non residents in Spain and that condemned fueren for sentence strong, it will be of application that prepared in the article 89 of the Penal Code.
8. When the foreigners, residents or not, have been condemned by behaviors tipificadas like crimes in the articles 312, 318 bis 515.6.º, 517 and 518 of the Penal Code, the expulsion will be taken once to effect fulfilled the exclusive pain of freedom.
9. The expulsion resolution will be notified to the interested one, with indication of the resources that can intervene against the same one, organ before which you/they had to show up and term to present them."51. The article 57 are edited as it continues, becoming 58:
"Article 58. Effects of the expulsion and refund.
1. All expulsion will take I get the entrance prohibition in Spanish territory for a three year-old minimum period and maximum of ten.
2. Not it will be precise expulsion file for the refund of the foreigners in the following suppositions:
to) Those that having been expelled contravene the entrance prohibition in Spain.
b) Those that seek to enter illegally in the country.
3. In the supposition that an asylum application is formalized by people that are in some of the suppositions mentioned in the previous section, it won't be been able to carry out the refund until he/she has decided the inadmisión to step of the petition, of conformity with the normative of asylum.
Neither they will be able to be returned the pregnant women when the measure can suppose a risk for the gestation or for the mother's health.
4. The refund will be agreed by the governmental competent authority for the expulsion.
5. The refund agreed in application of the letter to) of the section 2 will bear the reiniciación of the computation of the term of entrance prohibition that has agreed the order of smashed expulsion. Also, in this supposition, when the refund you could not execute in the term of seventy two hours, the governmental authority will request of the judicial authority the internamiento measure foreseen for the expulsion files."52. The article 55 of the Organic Law 4/2000, of January 11, on collaboration against organized nets, it changes their numeration, transforming into the article 59.
53. The article 59 are edited as it continues, becoming 60:
"Article 60. Return.
1 . The foreigners to those that are not allowed the entrance in the country in frontier will be returned to their origin point in the briefer possible term. The governmental authority that he/she agrees the return will go to the Judge of Instruction if the return will be delayed more than seventy two hours so that it determines the place where they must be interned until the moment of the return arrives.
2. The internamiento places for foreigners won't have penitentiary character, and they will be endowed with social, juridical, cultural services and sanitariums. The foreigners boarding schools will only be deprived of the ambulatory right.
3. The foreigner during his internamiento will be in all moment to disposition of the judicial authority that authorized it, should communicate to this for the governmental authority any circumstance in relation to the situation of the foreigners boarding schools.
4. The detention of a foreigner to return effects will be communicated to the Ministry of External Matters and the embassy or consulate of its country."54. The article 60 are edited as it continues, becoming 61:
"Article 6l. Precautionary measures.
1. During the procedure of the file sancionador in the one that expulsion proposal, the governmental competent authority for its resolution is formulated will be able to agree, at the request of the instructor and in order to assure the effectiveness of the final resolution that could relapse, some of the following precautionary measures
to) periodic Presentation in the face of the competent authorities.
b) obligatory Residence in certain place.
c) Retreat of the passport or document acreditativo of their nationality, previous delivery to the interested of receipt acreditativo of such a measure.
d) preventive Detention, for the governmental authority or their agents, for a maximum period of seventy two hours, previous to the internamiento application.
In any other detention supposition, the setting to judicial disposition will take place in a term non superior at seventy two hours.
and) Internamiento judicial preventive, previous authorization in the internamiento centers.
2. In the files sancionadores in the commission of infractions for transport, if these infringe the obligation of taking to position to the foreigner transported illegally, he/she will be able to remember the suspension of their activities, the benefit of deposits, guarantees, or the immobilization of the mean of used transport." 55. The article 61 are edited as it continues, becoming 62:
"Article 62. I enter in internamiento centers.
1. When the file refers to foreigners for the causes understood in the letters to) and b) of the section 1 of the article 54, as well as to), d) and f) of the article 53, in which will intend the expulsion of the one affected, the governmental authority will be able to propose to the Judge of competent Instruction that prepares its entrance in an internamiento center as long as he/she is carried out the procedure of the file sancionador. The judicial decision in connection with the application of the pending foreigner's of expulsion internamiento will be adopted in motivated car, previous audience of the interested one.
2. The internamiento will stay for the indispensable time for the ends of the file, without in any case it can exceed of forty days, neither to remember a new internamiento for anyone of the causes foreseen in oneself file. The judicial decision that authorizes it, assisting to the concurrent circumstances in each case, he/she will be able to fix a maximum period of duration from the inferior internamiento to the one mentioned.
3. The minors in those that the suppositions foreseen for the internamiento converge will be put to disposition of the competent services of protection of smaller. The Judge of favorable more small, previous report of the Fiscal Ministry, will be able to authorize his entrance in the centers of foreigners' internamiento when they are also he his parents or tutors, they request it these and modules that guarantee the family intimacy exist.
4. The incoación of the file, the detention precautionary measures and internamiento and the final resolution of the file of the foreigner's expulsion will be communicated to the Ministry of External Matters and the embassy or consulate of their country."56. The article 62 are edited as it continues, becoming 63:
"Article 63. Preferable procedure.
1. The procedure of the expulsion files, in the suppositions of the letters to) and b) of the section 1 of the article 54, as well as those to), d) and f) of the article 53, he/she will have preferable character.
2. When of the investigations the opportunity is deduced from deciding the expulsion, transfer of the proposal will be given motivated in writing to the interested one, so that he/she alleges what considers appropriate, in the term of forty eight hours. In the suppositions in that you has proceeded to the foreigner's preventive detention, this will be entitled to literate attendance that will be provided of occupation, in their case, and to be attended by interpreter, and in a gratuitous way in case lacks economic means.
3. In the supposition of the letter to) of the article 53, when the foreigner credits to have requested permission of temporary residence previously for situation of I root, according to that prepared in the article 31.4 of this Law, the organ in charge of processing the expulsion the same one will continue, if it proceeds, for the procedure settled down in the article 57.
4. The execution of the expulsion order in these suppositions will be made in an immediate way."57. The article 63 are edited as it continues, becoming 64
"Article 64. Execution of the expulsion.
1. Once notified the expulsion resolution, the foreigner will come forced to abandon the Spanish territory in the term that notices that will be able to be inferior at the seventy two hours in any case, except in the cases in that the preferable procedure is applied. In the event of nonfulfillment you will come to their detention and conduction until the position from having left by the one that one must make effective the expulsion. If the expulsion you could not execute in the term of seventy two hours, it will be been able to request the internamiento measure regulated in the previous articles that he/she won't be able to exceed of forty days.
2. The execution of the expulsion resolution will be made to the foreigner's coast if tuviere economic means for it. Contrary case, will communicate to the diplomatic or consular representative of its country, to the opportune effects.
3. The execution of the expulsion resolution will be suspended when an asylum petition is formalized, until there is you inadmitido to step or resolved, according to that prepared in the normative of asylum.
4. Not it will be necessary the incoación of expulsion file to proceed to the transfer, escorted by officials, of the asylum applicants whose application has been inadmitida to step in application of the letter and) of the article 5.6 of the Law 5/1984, of March 26, to the responsible being another State of the exam of the application, of conformity with the international agreements in that Spain is part, when this transfer takes place inside the terms that the responsible State has the obligation of proceeding to the study of the application."58. A new article is added with the number 65 that it is edited as it continues:
"Article 65. Character recurrible of the resolutions on foreigners.
1. The resolutions administrative sancionadoras will be recurribles with arrangement to that prepared in the laws. The régime of ejecutividad of the same ones will be the one foreseen with character general.
2. In any event, when the foreigner is not in Spain, he will be able to study the reasonable resources, so much in via administrative as jurisdictional, through the diplomatic or consular corresponding representations who will remit them to the competent organism."59. A new article is added with the number 66 that it is edited as it continues:
"Article 66. Obligations of the transport ones.
All company, company of transport or transport company will be forced to:
to) to Carry out the due confirmation of the validity and validity, so much of the passports, trip titles or pertinent documents of identity, as, in their case, of the corresponding visa, of those that will be regular the foreigners.
In reason of the special circumstances of the terrestrial transports, the obligations to that he/she refers the previous paragraph will be applicable exclusively to the terrestrial international transport of traveling and only starting from the moment in that you/they are established reglamentariamente for the Government the modalities, limitations, demands and conditions of their execution.
b) to Be taken charge immediately of the foreigner that has transferred until the air, marine or terrestrial frontier corresponding of the Spanish territory, if to this he/she had been refused the entrance by deficiencies in the necessary documentation for the crossing of opposite.
c) to Transport that foreigner well until the State starting from which has transported him/her, well until the State that has sent the trip document with which has traveled, or to any other State where it is guaranteed their admission."60. The article 60 of the Organic Law 4/2000, of January 11, on coordination of the organs of the Administration of the State, it changes their numeration, transforming into the new article 67.
61. The article 61 of the Organic Law 4/2000, of January 11, on Politics's of Immigration Superior Council, it changes their numeration, transforming into the new article 68, being added a section 3 that it is edited as it continues:
3. The Government will supplement and it will regulate, by means of Real Ordinance, the composition, functions and régime of operation of Politics's of Immigration Superior Council."62. A new article is added with the number 69 that it is edited as it continues:
"Article 69. Support to the associative movement of the immigrants.
The public powers will impel the invigoration of the associative movement among the immigrants and they will support to the unions, managerial organizations and to the non government organizations that, without spirit of lucre, favor their social integration, facilitating helps them economic, so much through the general programs as in connection with their specific activities."63. A new article is added with the number 70 that it is edited as it continues:
"Article 70. The Forum for the Social Integration of the Immigrants.
1. The Forum for the Social Integration of the Immigrants, constituted, in a tripartite and balanced way, for representatives of the public Administrations, of the associations of immigrants and of the social organizations of support, among them the unions of workers and managerial organizations with interest and installation in the environment inmigratorio, it constitutes the consultation organ, information and advice as regards the immigrants' integration.
2. Reglamentariamente will be determined its composition, competitions, operation régime and administrative adscription."
Article second. It reforms of the additional unique disposition of the Organic Law 412000, of January 11, about rights and the foreigners' freedoms in Spain and their social integration, and introduction of an additional new disposition.
The additional unique disposition of the Organic Law 4/2000, of January 11, about rights and the foreigners' freedoms in Spain and their social integration that next is related, it will be edited as it continues, being also added an additional disposition second1. A new section is added to the additional unique disposition that, also, it becomes the additional disposition first
Additional "disposition first. Maximum term for resolution of files.
1. The general maximum term to notify the resolutions of the applications of permits that formulate the interested ones to tenor of that foreseen in this Law will be of three months, counted starting from the following day to that of the date in that you/they have had entrance in the registration of the competent organ to process them. Lapsed the term to notify the resolutions of the applications, except for that prepared in the following section, these will be able to understand each other underrated.
2. The applications of extension of the residence permission, as well as the renovation of the work permission that you/they are formulated by the interested ones to tenor of that prepared in the present Organic Law will be solved and they will notify in the maximum term of three counted months starting from the following day to of the date in which you/they have had entrance in the registration of the competent organ to process them. This lapsed term without the Administration has given expressed answer, he/she will understand each other that the extension or renovation have been granted."2. An additional new disposition is added, edited as it continues:
Additional "disposition second. Cooperation Subcommittees.
In attention to the territorial situation and the special incidence of the migratory phenomenon and the competitions that have recognized in their respective Statutes of Autonomy as regards labor execution and as regards social attendance, and in agreement with the same ones, they will be been able to constitute subcommittees in the breast of the Bilateral Commissions of Cooperation between the State and the Autonomous Communities, in agreement with what you/they foresee their respective Statutes of Autonomy, to analyze questions on work and foreigners' residence that affect them directly.
In particular, in attention to the geographical situation of the archipelago canary, to the fragility of their insular territory and their distance with the European continent, in accordance with that settled down in the article 37.1 of their Statute of Autonomy, in the breast of the Bilateral Commission of Cooperation Canaries a subcommittee will be constituted that will know of the questions that affect directly to Canaries as regards residence and foreigners' work."
Article third. Reformation of Titles, chapters and articles of the Organic Law 4/2000, of January 11, about rights and the foreigners' freedoms in Spain and their social integration.
They modify the following Titles, chapters and articles of the Organic Law 4/2000, of January 11, about rights and the foreigners' freedoms in Spain and their social integration.
1. The Title II, the foreigners'" juridical "Régime, he/she understands the articles 25 to 49. The chapter I, "Of the entrance and exit of the Spanish" territory, understands the articles 25 to 28. The chapter II, the foreigners'" "Situations, he/she understands the articles 29 to 35. The chapter III, "Of the work permission and special" régimes, he/she understands the articles 36 to 43. The chapter IV whose rubric modifies for the following "Of the rates for administrative" authorizations, understanding the articles 44 to 49.
2. The Title III, "Of the infractions as regards alienage and their régime sancionador, he/she understands the articles 50 to 66.
3. The Title IV, "Coordination of the public" powers, understands the articles 67 to 70.
4. The article 22 of the Organic Law 4/2000 become article 24.
Additional disposition first. Penal Code.
The Ministries of Justice and of the Interior they will adopt the necessary measures so that the Technical Commission, constituted in the breast of the Ministry of Justice for the study of the reformation of the system of hardships of the Penal Code examines the necessary modifications in connection with the crimes of people's illegal traffic, in particular in the cases in those that intervene organizations that, with spirit of lucre, favor this traffic.
Additional disposition second.
He/she modifies the article 89 of the Penal Code by means of the remote addition of this new one:
"4. The dispositions settled down in the previous sections won't be from application to the foreigners that hubieren been condemned bis by the commission of crimes to that you/they refer the articles 312, 318 515.6.º, 517 and 518 of the Penal" Code
Transitory disposition first. Validity of the effective permits.
1. The different permits or cards that enable to enter, to reside and to work in Spain to people included in the environment of application of the present Law that you/they have validity to the entrance in vigor of the same one, will conserve it for the time for which hubieren been sent.
2. The applications presented prior to the entrance in vigor of this Law will be processed and they will solve according to the normative one effective in the moment of the application, unless the interested one requests the application of that foreseen in the present Law.
3. In their renovation, the holders off of work B initial will be able to obtain a work permission C, and the work permits renovated B or C, a permanent permission. Reglamentariamente will settle down the chart of equivalences with the permits previous to the Law.
Transitory disposition second. Normative applicable to procedure in course.
The administrative procedures in course will be processed and they will solve of agreement with the normative one effective in the moment of the initiation, unless the interested one requests the application of the present Law.
Transitory disposition third. Rates.
Until so much the forecasts are not developed settled down in the chapter IV of the Title II, they will continue in vigor the norms reguladoras of the rates for concession of permits and alienage authorizations, as well as their modifications, extensions and renovations.
Disposition transitory fourth.
The Government, by means of Real Ordinance, will establish the requirements that allow, without necessity of presenting new documentation, the regularization of the foreigners that you/they are in Spain and that having presented application of regularization to the help of that foreseen in the Real Ordinance 239/2000, of February 18, have been refused the same one, exclusively, for not completing the requirement of being in Spain before June 1 of 1999.
Derogatory unique disposition.
1. All the norms of same or inferior range are repealed in what you/they contradict or they oppose you to the present Law.
2. It is equally repealed remote D of the article 5.III of the Law 7/1987, of May 29, of consular rates.
Final disposition first. Articles with range of Organic Law.
1. They have organic character the following precepts of the Law 4/2000, according to the numeration that establishes this Law, the contents in the Title I, except for the articles 10, 12, 13 and 14, of the Title II the articles 25 and 31.2 and of the Title III the articles 53 54.1 and 57 to 64. Also, they have organic character the additional dispositions second, derogatory and the section first of this final disposition first of the present Law, as well as the final dispositions first at third of the Law 4/2000. 2. The precepts of the present Law that don't have organic character, will understand each other dictations to the help of that prepared in the article 149.1.1.º and 2.º of the Constitution.
Final disposition second. I Regulate of the Law.
The Government, in the term of six months from the publication of the present Organic Law, will approve the Regulation of the Organic Law 4/2000, of January 11.
Final disposition third. Information on the Law to organisms and interested organizations.
From the moment of the entrance in vigor of this Law, the Government will adopt the necessary measures to inform on the previous application of the normative one that supposes the approval of this Organic Law.
Final quarter disposition. Qualification of credits.
The Government will dictate the necessary dispositions to make in front of the expenses originated by the application and development of the present Law.
Disposition final fifth. Entrance in vigor.
This Organic Law will go into effect to the month of its complete publication in the Official "Bulletin of the State."
I send to all the Spaniards, matters and authorities that you/they keep and make observe this Organic Law.
Madrid, December 22 of 2000.
JUAN CARLOS R.
The Government's President,
JOSÉ MARÍA AZNAR LÓPEZ