PROJECTS OF LAW ALIENAGE 2009


(Power translator)

Official bulletin of Cortés Generals
The Deputies' Congress
IX Legislature
OFFICIAL BULLETIN
DE THE GENERAL COURTS
Series to:
PROJECTS OF LAW October of 2009 Núm 30. 31-10
INFORM OF THE REPORT
Organic 121/000032 bill of reformation of the Organic Law 4/2000, of 11 of
January, about rights and the foreigners' freedoms in Spain and their integration
social.
1
In execution of that prepared in the article 97
of the Regulation of the Camera, the publication is ordered
in the Official Bulletin of General Cortés of the one
Inform emitted by the Report on the Project of
Organic law of reformation of the Organic Law 4/2000,
of January 11, about rights and freedoms of those
foreigners in Spain and their social integration.
Palacio of the Congress of the Deputies, October 21
of 2009..P. D. The General Secretary of the Congress
of the Deputies, Manuel Alba Navarrese.
To the Work Commission and Immigration
The Report in charge of editing the Report on
the Organic Bill of reformation of the Organic Law
4/2000, of January 11, about rights and freedoms
of the foreigners in Spain and their social integration,
integrated by the Deputies Sra. Esteve Ortega (Group
Socialist Parliamentarian), Sr. Hernando Vera (Group
Socialist Parliamentarian), Sr. Dry Revilla (Parliamentary Group
Socialist), Sr. Hernando Friar (Parliamentary Group
Popular), Sr. Alonso Aranegui (Parliamentary Group
Popular), Sr. Campuzano i Canadés (Group
Parliamentarian Catalan-Convergència i United), Sr. Olabarría
Muñoz (Parliamentary Basque Group), Sr. Herrera
i Torres (Parliamentary Group of Republican Esquerra-
Left United-initiative per Catalunya Verds),
Sra. González-Moorish Oramas (Parliamentary Group
Mixed), he/she has studied with all thoroughness happiness initiative,
as well as the presented amendments, and in execution
of that prepared in the article 113 of the Regulation
they elevate to the Commission the following one:
INFORM
The Report proposes to the Commission the incorporation
literal of the amendments with the following numbers:
. Parliamentary Mixed Group: 4, 5, 59, 73, 83
(Sra. Fernández Dávila), 88, 89, 92 (Sra. Barkos Berruezo),
123 (Sr. Perestelo Rodríguez and Sra. Oramas González-
I live) and 584, 585, 589, 592, 594, 595, 629, 643
(Sra. Díez González).
. Parliamentary Group of Republican Esquerra-
Left United-initiative per Catalunya Verds: 237,
239, 240, 244, 249, 251, 252, 290, 291, 309, 334, 343,
364, 365, 374, 438, 495, 509.
. Parliamentary Basque (EAJ-PNV) Group: 132,
133, 137, 140, 142, 143, 172, 173, 186, 205, 218, 227.
. Parliamentary Catalan group (Convergència i
It united): 653, 654, 655, 656, 657, 659, 663, 666, 667,
671, 672, 673, 674, 676, 677, 679, 680, 684, 687, 688,
689, 691, 695, 698, 702, 703, 704, 705, 706, 707, 708,
709, 713 and 714.
. Parliamentary Popular Group: 519, 520 535.
. Parliamentary Socialist Group: 716, 717, 719,
720, 721, 722, 724, 725, 726, 727, 728, 729, 731, 732,
733, 734.
Also, the Report proposes to the Commission the
introduction of modifications that derive of the study
of the amendments proposed by the different groups.
In view of the modifications introduced in the pro-
IX LEGISLATURE
Series to:
PROYE CTOS OF LAW October of 2009 Núm 30. 31-10
INFORM OF THE REPORT
Organic 121/000032 bill of reformation of the Organic Law 4/2000, of 11 of
January, about rights and the foreigners' freedoms in Spain and their integration
social.
setting of the Report, the different groups have formulated
the retreat of the amendments with the numbers
following:
. Parliamentary Mixed Group: 35, 36, 37, 43, 56,
57, 58, 61, 62, 78, 79, 82, 84 (Sra. Fernández Dávila).
. Parliamentary Group of Republican Esquerra-
Left United-initiative per catalunya Verds: 284,
317, 331, 336.
. Parliamentary Basque (EAJ-PNV) Group: 162 and213.
. Parliamentary Catalan group (Convergència i
It united): 658, 661, 664, 668, 669, 670, 675, 682, 685,
686, 690, 694, 696, 697, 699, 700, 701, 711 and 715.
. Parliamentary Popular Group: 582.
. Parliamentary Socialist Group: 718.
The numerous modifications that it proposes the
Report can be consulted in the text that figures
as Annex to the Formless present.
Palacio of the Congress of the Deputies at October 21
of 2009..Esperança Esteve Ortega, Antonio
Hernando Vera, Manuel Óscar Dries Revilla, Rafael
Antonio Hernando Friar, Alfonso Alonso Aranegui,
Carles Campuzano i Canadés, Emilio Olabarría
Muñoz, Joan Herrera i Torres and Ana María Oramas
González-Moorish, Deputies.
ANNEX
Exhibition of reasons
I
The Organic Law 4/2000, of January 11, on rights
and the foreigners' freedoms in Spain and their integration
social it has been reformed in three occasions
from their approval; in short, it has been reformed
for the Organic Laws 8/2000, of December 22,
11/2003, of September 29 and 14/2003, of 20 of
November.
Of all the reformations that he/she has had the suitable Law
Organic it is necessary to highlight, for their soaked adult, the one that you
it carried out few months after their entrance in
vigor through the Organic Law 8/2000, of 22 of
December. Some of the changes that it introduced this
last law motivated the presentation of several resources
of unconstitutionality against the same one.
The Constitutional Tribunal has solved the suitable ones
unconstitutionality resources, among other, in the sentences
236/2007, of November 7, and 259/2007, of
December 19, recognizing that the demand that the
indicated law imposed the foreigners for the exercise
of the fundamental rights of meeting, association,
unionization and it, that they had legal residence
in Spain, it constituted an unjustified restriction and,
therefore, contrary to the Constitution, since according to the
same the suitable rights reach all the people
for the fact of being it.
Consequently with it, the Constitutional Tribunal
he/she has declared the unconstitutionality of the articles
of the Organic law 4/2000 that regulated those
fundamental suitable rights.
II
On the other hand, he/she has gone growing the number of norms
community that affect to the Right of Alienage
of the European States; therefore, every time they are
plus the norms that are approved in European Union,
as regards immigration that you/they should be incorporate
to our juridical classification. In this order of questions,
it is necessary to highlight the signature of the European Pact
on Immigration and Asylum, countersigned in the Council
European of October 16 2008 for the 27 countries
members of European Union, in which you/they settle down
as main objectives to get one
legal and orderly immigration, to fight against the immigration
illegal and to favor the integration of the immigrants
legal by means of a balance of rights and
duties.
The present Law assumes this reality like something
positive in the convincing that it is necessary to count
with an European common normative mark in matter
of immigration.
Until the present moment they were pending of
incorporation to our juridical classification those
Directive that have been approved with posteriority to the
last reformation of the Law 4/2000, of January 11, carried out
in December of 2003, being these the following ones:
to. Directive 2003/110/CE, of the Council, of 25 of
November of 2003, about the attendance in cases of
traffic to repatriation effects or estrangement for via
air. (DOUE of December 6 of 2003).
b. Directive 2003/109/CE, of the Council, of 25 of
relative November, of 2003, to the Statute of the national ones
of third countries residents of long duration
(DOUE of January 23 of 2004).
c. Directive 2004/81/CE, of the Council, of 29 of
relative April of 2004, to the expedition of a permission of
residence to national of third countries that are victims
of it is her about human beings or have been object
of an action of help to the illegal immigration that
cooperate with the competent authorities (DOUE 6
of August of 2004).
d. Directive 2004/82/CE, of the Council, of 29 of
April of 2004, on the obligation of the transport ones
of communicating the data of transported people
(DOUE of August 6 of 2004).
and. Directive 2004/114/CE, of December 13 of
2004, of the Council, relative to the admission requirements
of the national ones of third countries to effects of studies,
students' exchange, practices don't remunerate
you give or voluntariado services (DOUE 23 of
December of 2004).
f. Directive 2005/71/CE, of October 12 2005,
of the Council, relative to a specific procedure of
admission of the national ones of third countries to effects
of scientific investigation (DOUE of November 3
of 2005).
g. Directive 2008/115/CEE, of December 16
of 2008, of the European Parliament and the Council, relative
to the norms and procedures in the States members
for the return of the national ones of third countries
in situation of illegal stay (DOUE of December 24
of 2008).
h. Directive 2009/50/CE, of the Council, of 25 of
relative May of 2009, to the entrance conditions
and residence of national of third countries for
die of highly qualified employment (DOUE 18 of
June of 2009).
i. Directive 2009/52/CE, of the European Parliament
and of the Council, of June of 2009, 18 for the one that
minimum norms settle down on the sanctions and
applicable measures to the employers of national
of third countries in irregular situation. (DOUE 30
of June of 2009).
In any event, it suits to point out that, although our
legislation is previous to the approval of the suitable ones
directive, many of the aspects that are regulated in those
same they are already picked up in our classification
juridical, well in the Law 4/2000, of January 11, in its
current writing, or in the Regulation of the same one
that it was approved by Real Ordinance 2393/2004, of 30
of December.
Equally, it is decisive to these effects
the ratification and entrance in vigor in our country of
the emanating obligations of the Agreement of the Council
of Europe on the fight against it treats her of
human beings (Agreement n.º 197 of the Council of
Europe), fact in Warsaw May 16 of 2005.
III
The immigration is a reality that is in constant
change. Hence, the legislator is forced to adapt
their normative reguladora, if he/she wants that the same one
provide effective solutions to the new challenges that
they think about.
Also, the migratory phenomenon has acquired such
dimension in Spain and he/she has such repercussions in the one
economic, social and cultural order that demands that for
it leaves of the public powers a performance it is developed
decided in diverse fronts, included the normative one.
Therefore, the public powers should order and
to channel the migratory flows in such a way legally
that the same ones are adjusted to our capacity of
welcome and to the real necessities of our market
of work.
On the other hand, Spain is firmly committed
with the defense of the human rights, for that that
the public powers should favor the full integration
of the immigrants in our country and to guarantee the
coexistence and the social cohesion among the immigrants
and the autochthonous population.
IV
Therefore, three are the causes that justify the reformation
that he/she intends of the Organic Law 4/2000, of 11 of
January, in their current writing:
to) The necessity to incorporate to Organic this Law
the jurisprudence of the Constitutional Tribunal, giving
for it an in agreement new writing with the Constitution,
to the articles of the same one that have been declared
unconstitutional.
b) The necessity to incorporate to our classification
juridical, through the Organic suitable Law,
the Directive Europeans on immigration that you/they are
conversion slopes or that they have not been moved
fully.
c) The necessity to adapt the Organic referred Law
to the migratory new reality in Spain that presents
some characteristics and it outlines some different challenges
of those that existed when the last were approved
it reforms of the law.
V
On the other hand, the objectives that are pursued with
this reformation is the following ones: 1. To establish a mark of rights and freedoms of
the foreigners that it guarantees to all the full exercise
of the fundamental rights.
2. To perfect the system of legal canalization and
ordinate of the migratory labor flows, reinforcing
the linking of the capacity of workers' welcome
immigrants to the necessities of the work market.
3. To increase the effectiveness of the fight against the immigration
irregular, reinforcing the means and instruments
of control and the sancionadores, especially for him
that he/she refers to those who facilitate the access or permanency
of the illegal immigration in Spain, increasing the one
régime sancionador in this case and, reinforcing the procedures
of the foreigners' that they have refund
consented illegally to our country.
4. To reinforce the integration like one of the axes
central of the immigration politics that, having in
it counts the wealth of European Union as regards
immigration and international protection, bet for
to achieve a mark of coexistence of identities and cultures.
5. To adapt the normative one to the execution competitions
labor foreseen in the Statutes of Autonomy
that they impact in the régime of initial authorization of work,
and to the statutory competitions as regards
welcome and integration, as well as to develop the coordination
of the performances of the Public Administrations
with competitions that, also, they impact in matter
of immigration and to reinforce the cooperation among them
with the purpose of lending a more effective service and of well
quality to the citizens.
Since during the last legislative period you
they have approved diverse reformations in the Statutes of
Autonomy of the Autonomous Communities that,
for the first time, they incorporate linked competitions
to the immigration, it is logical that its adapts
I mark regulator to the new allotment competencial.
Also, this assisted allotment competencial,
it seems indispensable that are summed up in this Law
the levels competenciales in an article, as it is it
the new article 2 bis that defines those generically
principles computers of the immigration politicians
in Spain.
6. To reinforce and to institutionalize the dialogue with those
immigrants' organizations and with other organizations
with interest and installation in the environment
migratory, including among them to the organizations
union and managerial more representative, in
the definition and development of the migratory politics.
VI
The present Organic Law has an only article,
being picked up in the same one all the modifications that
they are introduced in the Organic Law 4/2000, of 11 of
January, as much in the articulate one as in their dispositions
additional. Also, the Law has several dispositions
final and a derogatory only disposition.
The Organic Law 4/2000, of January 11 that you
it reforms, it maintains their articulate structure that is integrated
in a Preliminary Title, articles 1 to the 2 ter, dedicated
to the General Dispositions, a Title I, articles
3 at the 24, dedicated to the rights and freedoms of those
foreigners, a Title II, articles 25 at the 49, dedicated to the one
juridical régime of the situations of the foreigners,
a Title III, articles 50 at the 66, dedicated to the infractions
as regards alienage and their régime sancionador
and a Title IV, articles 67 at the 72, dedicated to the
coordination of the public powers; also, he/she has
nine additional dispositions, three transitory, one
derogatory and ten ends.
VII
The modifications that are introduced in the Law
Organic 4/2000, of January 11, by means of the present
Organic law affects to all the titles of the same one.
It is convenient to make a precision of character
general that affects to different articles on the terms
of residence or resident that in any event should
to understand each other referred to a stay situation or residence
legal, this is, according to the requirements that you
they settle down and that, therefore, they enable to the permanency
of the foreigner in our country in anyone of the situations
regulated. When the allusion is omitted to the situation
of stay or residence, like it happens for the exercise
of the fundamental rights, it is in fact
because this situation should not be demanded.
In the Preliminary Title a new article is introduced
2 bis in the one that the migratory politics, you is defined
they establish the principles and axes of performance of the
same and their mark competencial, and a new one is indicated
article 2 ter that orders the principles and performances
as regards the immigrants' integration.
In the Title I important modifications are introduced
with the purpose of profiling what should be the mark of
rights and the foreigners' freedoms, next to those
corresponding obligations that it implies the recognition
of the fundamental rights to the foreigners
whichever it is their situation in Spain, as well as
the establishment of a progressive system of access to
the other rights based on the reinforcement of the status
juridical as it increases the period of residence
legal.
It highlights in this Title the new regulation of those
meeting rights and manifestation, association, unionization
and it that they will be been able to exercise of agreement with the
Spanish constitution, in the terms pointed out for
the Constitutional Tribunal, as well as the new regulation
that one makes of the education rights that you
it recognizes fully until the eighteen years, this way
as that of artificial gratuitous attendance in whose regulation
it has been kept in mind, besides the jurisprudence
of the Constitutional Tribunal, the recommendations
of the Defender of the Town. Nevertheless, it should be pointed out
equally that, according to the own interpretation of the Tribunal
Constitutional, no right is absolute, him
that it means that the State maintains all the capacity
to impose limits to the permanency of the foreigners
when this is not sustained in a legal residence.
It also highlights in this Title the new regulation
that one gives to the right of family regrouping; the change
fundamental that is introduced it is that the beneficiaries
of the regrouping, on-line with what happens in the
majority of the countries of our environment, they are delimited
basically to the relatives that integrate the family
nuclear; the novelty in this case is that, inside this
category of family, is included the couple that has
with the regrouping one a relationship of similar affectivity
to the married one, and that to these regrouped they are facilitated
the immediate access to the work market. On the other hand,
this reformation takes to that the regrouping of the ascendancy
be limited, as general norm, to the adults
of sixty five years, foreseeing that they can exist
reason humanitarian that allow it with an age
inferior.
In the Title II important modifications are introduced,
most of them consequence of the conversion
of the Directive ones European, highlighting on
all those that incorporate new situations of those
foreigners, those that are guided to perfect the one
the residents' of long duration statute, those that
they are directed to increase the fight effectiveness against the
irregular immigration, highlighting among them the creation
of a registration to control the entrances and exits.
It is also necessary to highlight the new article referred to those
women foreign victims of gender violence,
that he/she offers them the possibility to obtain an authorization
for exceptional circumstances and that it seeks
to facilitate the accusation of these facts. The project introduces
also modifications to perfect the system
of legal canalization and ordinate of the flows
migratory, being bet again on an immigration
ordinate in a mark of legality and consolidating the
immigration politics that links the arrival of new
immigrants to the necessities of the work market.
In this sense, among other measures, it is regulated with
concretion greater level the national situation of
I use in the catalog of occupations of difficult covering
and the initial authorizations are limited to an occupation
and territorial environment. Special mention deserves
the modifications that are carried out in relation to the
the not accompanied smallest foreigners' integration,
that they propitiate a better treatment of the
the minor's situation, and that they go, from the possibility
of their repatriation to the origin country, to guarantee,
when this is not the suitable answer, those
better conditions to assure the full integration
of the same ones in the Spanish society that should
to be an expressed objective of the group of the politicians
carried out by the different Administrations
public.
In the Title III, with the objective of reinforcing the fight
against the irregular immigration you prevén new infractions
to avoid fraudulent performances, such as
the marriages of convenience, the promotion of the
irregular immigration for indirect means or the falseamiento
of the data for the census. With the
same purpose intends the increase of the sanctions
economic for all the infractions. Also,
certain modifications are introduced with the end
of endowing of bigger effectiveness and more guarantees, to the measures
of suspension and refund; it is also contemplated
the amplification of the internamiento term that would happen to
the 60 days from the 40 that are applied at the moment, this way
as he/she improves the artificial security of those affected,
for these measures with the concession of an execution term
volunteer of the expulsion order.
In the Title IV certain modifications are introduced
with the purpose of reinforcing the coordination and cooperation
of the Public Administrations as regards
immigration and of institutionalizing in this matter the
participation of the union and managerial organizations
more representative.
Among the modifications that are introduced they highlight
the incorporation to the Law of the Sectoral Conference
of Immigration, like one of the most effective beds
to channel the cooperation among the Administration
General of the State and the Autonomous Communities, this way
as the demand of a coordinated performance of
both Public Administrations, when the Community
Autonomous it had assumed competitions in matter
of initial authorization of work.
Another important modification is that the Law recognizes
and it institutionalizes the Labor Tripartite Commission
as institutional bed to settle down the I dialogue with
the union and managerial organizations more
representative as regards immigration.
VIII
In coherence with that exposed, it is considered that
this reformation of the Organic Law 4/2000, of January 11,
it will allow that in Spain a politics is developed
migratory integral, integrated and sustainable that is the one that
it is needed for next years.
Unique article. Modification of the Organic Law 4/2000,
of January 11, about rights and freedoms of those
foreigners in Spain and their social integration.
The Organic Law 4/2000, of January 11, on rights
and the foreigners' freedoms in Spain and their integration
social, it is edited as it continues:
One. The section 3 of the article 1 are edited
in the following way:
"3. The national of the States members of the
European Union and those to who it is of application
the community régime will be governed by the norms that him
they regulate, being they of application the present Law in
those aspects that could be more favorable."
Two. The letter b) of the article 2 are edited of
the following way:
"b) The representatives, delegates and other members
of the permanent Missions or of the Delegations
before the intergovernmental Organisms with headquarters
in Spain or in international Conferences that you
take place in Spain, as well as their relatives."
Three. A new article is introduced 2 bis with the
following writing:
"Article 2 bis. The political inmigratoria.
1. It corresponds the Government, of conformity
with that foreseen in the article 149.1.2.ª of the Constitution,
the definition, planning, regulation and development
of the immigration politics, without damage of
the competitions that can be assumed by those
Autonomous Communities and for the Entities
Local.
2. All the Public Administrations will base
the exercise of their competitions linked with the
immigration in the respect to the following principles:
to) the coordination with the politicians defined for
European Union;
b) The ordination of the migratory labor flows,
in accordance with the necessities of the situation
national of the employment;
c) The social integration of the immigrants
by means of political traverse directed to all the
citizenship.
d) the effective equality between women and men;
and) the effectiveness of the non discrimination principle
and, consequently, the recognition of same
rights and obligations for all those that live
or work legally in Spain, in the foreseen terms
in the Law;
f) (new) the guarantee of the exercise of the rights
that the Constitution, the international treaties
and the laws recognize all the people.
g) the fight against the irregular immigration and the
persecution of the illicit traffic of people;
h) the persecution of it is her about human beings;
i) the treatment equality under the labor conditions
and of Social security;
j) the promotion of the dialogue and the collaboration with
the origin countries and immigration traffic, by means of
agreements mark directed to order in an effective way
the migratory flows, as well as to foment and
to coordinate the cooperation initiatives to the development
and codesarrollo."3. The State will guarantee the principle of solidarity,
consecrated in the Constitution, assisting to
the special circumstances of those territories
in those that the migratory flows have a special one
incidence.
Four. A new article 2 ter is introduced with the
following writing:
"Article 2 ter. The immigrants' integration.
1. The public powers will promote the full integration
of the foreigners in the Spanish society, in
a mark of coexistence of identities and cultures
diverse without more limit than the respect to the Constitution
and the law.
2. The Public Administrations will incorporate the one
objective of the integration between immigrants and society
receptora, with traverse character to all the politicians
and public services, promoting the economic participation,
social, cultural and immigrant people's politics,
in the terms foreseen in the Constitution,
in the Statutes of Autonomy and in the other laws,
under conditions of treatment equality.
Especially, they will offer, by means of formative actions,
the knowledge and respect of the constitutional values
and statutory of Spain, of the values of
European Union, as well as of the human rights,
the public freedoms, the democracy, the tolerance and the
equality between women and men, and they will develop
specific measures to favor the incorporation to the one
educational system, guaranteeing the in any event
escolarización in the obligatory age, the learning
of the group of official languages, and the access to the one
I use as essential factors of integration.
3. The General Administration of the State will cooperate
with the Autonomous Communities, the Cities of
Ceuta and Melilla and the City councils for the attainment
of the purposes described article presently,
in the mark of a strategic multi-year plan that
it will include among their objectives to assist to the integration
of the not accompanied smallest foreigners. In
all case, the General Administration of the State, those
Autonomous communities and the City councils will collaborate
and they will coordinate their actions in this environment
taking like reference their respective plans of
integration.
4. Of conformity with the approaches and priorities
of the Strategic Plan of Immigration, the Government
and the autonomous Communities will agree in the
He/she confers Sectoral of Immigration programs of
biennial action to reinforce the social integration
of the immigrants. Such programs will be financed
with position to a state bottom for the integration
of the immigrants that it will be endowed annually, and that
he/she will be able to include cofinancing formulas for part
of the Administrations receptoras of the departures
of the bottom."
Five. The section 2 of the article 3 are edited
in the following way:
"2. The relative norms to the fundamental rights
of the foreigners they will be interpreted of conformity
with the Universal Declaration of Rights
Human and with the treaties and international agreements
on the effective same matters in Spain, without
the profession of religious beliefs can be alleged or
ideological or cultural convictions of diverse sign
to justify the realization of acts or contrary behaviors
to the same ones."
Six. The article 4 are edited of the following one
way:
"Article 4. Right to the documentation.
1. The foreigners that are in territory
Spanish has the right and the duty of conserving the
documentation that credits their identity, sent for
the competent authorities of the origin country or of
origin, as well as the one that credits their situation in
Spain.
2. All the foreigners to those that it has been sent
a visa or an authorization to remain in
Spain for a superior period to six months, they will obtain
the card of foreigner's identity that you/they will request
personally in the term of one month from their entrance
in Spain or since the authorization is granted,
respectively. They will be excepted of this obligation
the holders of a residence visa and work of
season.
Reglamentariamente will be developed the suppositions
in that one will be able to obtain this card of identity when
an authorization has been granted to remain
in Spain for one period non superior to six months.
3. The foreigners won't be able to be deprived of its
documentation, I save in the suppositions and with the requirements
foreseen in this Organic Law and in the Organic Law
1/1992, of February 21, on Protection of the
Civic Security."
Seven. The article 5 are edited of the following one
way:
"Article 5. Right to the circulation freedom.
1. The foreigners that are in Spain of
agreement with that settled down in the Title II of this Law,
they will be entitled to circulate freely for the territory
Spanish and to choose their residence without more limitations
that the established ones with character general for the treaties
and the laws, or those agreed by the judicial authority,
with character to avoid or in a penal process or of
extradition in which the foreigner has the condition
of having imputed, victim or witness, or I eat consequence
of sentence strong.
2. Nevertheless, they will be able to settle down limitative measures
specific when they remember in the declaration of
exception state or of place, in the foreseen terms
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 of the indispensable time and
proportional to the persistence of the circumstances that
they justified the adoption of the same ones, they will be able to consist
in the periodic presentation in the face of the competent authorities
and in the estrangement of opposite or nucleuses of
population summed up singly."
Eight. The article 6 are edited of the following one
way:
"Article 6. Public participation.
1. The foreign residents in Spain will be able to
to be regular of the vote right, in the elections
municipal, in the terms settled down in the Constitution,
in the international treaties, in their case, and
in the Law.
2. The foreign residents, registered in
a municipality, they are entitled all the established
for such a concept in the legislation of bases of régime
local, being able to be heard in the matters that affect them
in accordance with what prepares the normative of application.
3. The City councils will incorporate to the census to those
foreigners that have their habitual home in the one
municipality and they will maintain up-to-date the information
relative to the same ones.
4. The public powers will facilitate the exercise of the one
right of the foreigners' vote in the processes
electoral democratic of the origin country."
Nine. The section 1 of the article 7 are edited
in the following way:
"1. The foreigners are entitled the meeting
under the same conditions that the Spaniards."
Ten. The article 8 are edited of the following one
way:
"Article 8. Association freedom.
All the foreigners are entitled the association
under the same conditions that the Spaniards."
Eleven. The article 9 are edited of the following one
way:
"Article 9. Right to the education.
1. The foreigners smaller than sixteen years have
the right and the duty to the education that includes the one
access to a basic, gratuitous and obligatory teaching.
The foreigners smaller than eighteen years also have
right to the teaching postobligatoria.
This right includes the obtaining of the titulación
academic corresponding and the access to the public system
of scholarships and helps under the same conditions that those
Spaniards.
In the event of reaching the eighteen year-old age in the one
course of the school course, they will conserve that right
until their finalization.
2. The foreigners bigger than eighteen years that
be in Spain they are entitled to the education of
agreement with that settled down in the educational legislation.
In any event, the foreign residents bigger than
eighteen years they are entitled the to consent to the other ones
stages educational postobligatorias, to the obtaining of those
corresponding titulaciones, and to the public system of
scholarships under the same conditions that the Spaniards.
3. The public powers will promote that those
foreigners can receive teachings well for its
social integration."4. (new) The foreign residents that have
in Spain minors to their position in escolarización age
obligatory, they will credit this escolarización,
by means of report emitted by those
autonomous competent authorities, in the applications
of renovation of their authorization or in their application
of residence of long duration.
Twelve. The article 10 are edited of the following one
way:
"Article 10. Right to the work and the Security
Social.
1. The foreign residents that gather those
requirements foreseen in this Organic Law and in the dispositions
that they develop it they are entitled to exercise
an activity remunerated self-employed or other people's, this way
as to consent to the system of the Social security, of
conformity with the effective legislation.
2. The foreign residents will be able to consent to the one
I use public in the terms foreseen in the Law
7/2007, of April 12, of the Basic Statute of the one
Employee Public."
Thirteen. The article 11 are edited of the
following way:
"Article 11. Unionization freedom and it.
1. The foreigners are entitled to syndicate
freely or to affiliate to a professional organization,
under the same conditions that the Spanish workers.
2. The foreigners will be able to exercise the right to the
it under the same conditions that the Spaniards."
Fourteen. The article 12 are edited of the
following way:
"Article 12. Right to the sanitary attendance.
1. The foreigners that are in Spain,
inscribed in the census of the municipality in which you/they have its
I domicile habitual, they are entitled to the sanitary attendance
under the same conditions that the Spaniards.
2. The foreigners that are in Spain
they are entitled to the sanitary public attendance of urgency
for serious illness or have an accident, anyone that
be their cause, and to the continuity of this attention until
the situation of medical discharge.
3. The foreigners smaller than eighteen years that
be in Spain they are entitled to the attendance
sanitary under the same conditions that the Spaniards.
4. The pregnant foreigners that are
in Spain they are entitled to the sanitary attendance during
the pregnancy, childbirth and postparto."
Fifteen. The article 13 are edited of the
following way:
"Article 13. Rights as regards housing.
The foreign residents are entitled to consent
to the public systems of helps as regards housing
in the terms that establish the laws and the Administrations
competent. In any event, the foreigners
residents of long duration are entitled to this
helps under the same conditions that the Spaniards."
Sixteen. The article 14 are edited of the
following way:
"Article 14. Right to the Social Security and to
the social services.
1. The foreign residents are entitled to
to consent to the benefits and services of the Security
Social under the same conditions that the Spaniards.
2. The foreign residents are entitled to those
services and to the social benefits, so much to the general ones
and basic as to the specific ones, under the same conditions
that the Spaniards. Anyway, the foreigners
with discapacidad, smaller than eighteen years,
that they have their habitual home in Spain, they will have
right to receive the treatment, services and cares
special that demands their physical or psychic state.
3. The foreigners, whichever it is their situation
administrative, they are entitled to the services and benefits
social basic."
Seventeen. The section 2 of the article 15 are
edited in the following way:
"2. The foreigners are entitled to transfer their
revenues and savings obtained in Spain to their country, or to
any other one, according to the established procedures
in the Spanish legislation and of conformity with
the international applicable agreements. The Government
it will adopt the necessary measures to facilitate this
transfers."
Eighteen. The article 17 are edited of the
following way:
"Article 17. Family reagrupables.
1. The foreign resident is entitled to regroup
with him in Spain to the following ones family:
to) the resident's spouse, whenever not you
be separated in fact or of Right, and that the one
marriage has not taken place in law fraud. In
no case will be been able to regroup to more than a spouse although
the foreigner's personal law admits this modality
matrimonial. The foreign resident that is
married in second or later wedlocks he/she will only be able to
to regroup with him to the new spouse if it credits that the breakup
of each one of their previous marriages there is
had place after a juridical procedure that fixes the
the previous spouse's situation and of their common children
as for the use of the common housing, to the pension
compensatory to this spouse and the foods that
correspond the smallest, or bigger children in situation
of dependence. In the breakup for nullity,
the economic rights have been fix
of the spouse in good faith and of the common children,
as well as the compensation, in their case.
b) the resident's children and of the spouse, included
those adopted, whenever they are smaller than eighteen
years or people with discapacidad that are not objectively
able to provide to their own necessities
due to their state of health. When it is about children of
one alone of the spouses it will be required, also that this
exercise in solitary the native imperium or that there is been
granted the custody and be indeed to their position.
In the supposition of adoptive children it will be credited that
the resolution for which remembered the adoption gathers those
necessary elements to produce effect in Spain.
c) Those smaller than eighteen years and the adults
of that age that you/they are not objectively able to provide
to their own necessities, due to their state of
health, when the foreign resident is her representative
legal and the juridical act of which the abilities arise
representative it is not contrary to the principles of the one
Spanish classification.
d) The ascendancy of the regrouping one and of their spouse,
on-line straight line and in first grade, when they are to
their position, be bigger than sixty five years and exist
reason that they justify the necessity to authorize its
residence in Spain. Reglamentariamente will be determined
the conditions for the regrouping of the ascendancy
of the residents of long duration in another State
member of European Union, of the workers
regular of the blue card of the EU and of the beneficiaries
of the special régime of investigators. Exceptionally,
when reasons of character converge
humanitarian it will be been able to regroup to the ascendancy smaller than
sixty five years if the other conditions are completed
foreseen in this Law.
2. The foreigners that had acquired the residence
by virtue of a previous regrouping they will be able to, to
their time, to exercise the right of regrouping of their own ones
family, whenever they already have an authorization
of residence and work, obtained independently
of the authorization of the regrouping one, and credit
to gather the requirements foreseen in this Organic Law.
3. When it is about regrouped ascendancy,
these will only be able to exercise, in turn, the regrouping right
family after having obtained the condition of
residents of long duration and economic credited solvency.
Exceptionally, the regrouped ascendancy that
be responsible for an or more children minors, or
children with discapacidad that are not objectively
able to provide to their own necessities due to
its state of health, will be able to exercise the regrouping right
in the terms prepared in the section second
of this article, without necessity of having acquired the
residence of long duration.
4. The person that maintains with the foreign resident
a relationship of affectivity similar to the married one
it will be compared the spouse to all the foreseen effects
in this chapter, whenever this relationship is properly
credited and gather the necessary requirements
to produce effects in Spain.
In any event, marriage's situations and of
similar relationship of affectivity will be considered incompatible
to each other.
Not it will be been able to regroup to more than a person with
similar relationship of affectivity, although the personal law
of the foreigner it admits these family bonds.
5. Reglamentariamente, the conditions will be developed
for the exercise of the regrouping right
as well as to credit, to these effects, the relationship of
affectivity similar to the married one."
Nineteen. The article 18 are edited of the
following way:
"Article 18. Requirements for the regrouping
family.
1. The foreigners will be able to exercise the right to the
family regrouping when they have obtained the renovation
of their authorization of initial residence, with
exception of the regrouping of the contemplated relatives
in the article 17.1 d) of this Law that only
they will be able to be regrouped starting from the moment in that the one
regrouping he/she acquires the residence of long duration.
The regrouping of the relatives of residents of
it releases duration, of the regular workers of the card
blue of the OR.And. and of the beneficiaries of the régime
special of investigators, it will be been able to request and to be granted,
simultaneously, with the residence application
of the regrouping one. When they have recognized this condition
in another State member of European Union, the
application will be able to show up in Spain or from the one
State of European Union where they had their residence,
when the family was already constituted in
that.
2. The regrouping one will credit, in the terms
that reglamentariamente settles down that prepares of
appropriate housing and of economic enough means
to cover their necessities and those of their family, once
regrouped.
In the valuation of the revenues to effects of the
regrouping, they won't compute those coming from the one
system of social attendance, but they will be kept in mind
other revenues contributed by the spouse that resides in
Spain and cohabit with the regrouping one.
The Autonomous Communities or, in their case, those
City councils will inform on the adaptation of
the housing to the effects of family regrouping.
The Public Administrations will promote the
participation of those regrouped in programs of
socio-cultural integration and of linguistic character.
3. When the relatives to regroup are smaller
in age of obligatory escolarización, the Administration
receptora of the applications will communicate to those
educational competent authorities a forecast on
the initiate procedures of family regrouping,
to the effects of enabling the necessary squares in those
school corresponding centers."
Twenty. A new article is introduced 18 bis with
the following writing:
"Article 18 bis. Procedure for the regrouping
family.
1. The foreigner that wants to exercise the right to the
family regrouping will request an authorization
of residence for family regrouping in favor of those
members of their family that wants to regroup, being able to
to be requested in a simultaneous way the renovation of the
residence authorization and the regrouping application
family.
2. In case the right to the regrouping you
exercise for residents of long duration in another State
member of the European Union that you/they reside in Spain,
the application will be able to show up for the family reagrupables,
contributing residence test like member
of the resident's of long duration family in the first
Member."
Twenty-one. The article 19 are edited of the
following way:
"Article 19. Effects of the family regrouping
in special circumstances.
1. The residence authorization for regrouping
family of the one that you/they are regular the spouse and children
regrouped when they reach the labor age, it will enable
to work without necessity of any administrative other step.
This limitation won't be applicable to the relatives
of residents of long duration neither to the relatives
of the beneficiaries of the special régime of investigators
and of the holders of the blue card of the EU.
2. The regrouped spouse will be able to obtain one
authorization of independent residence when it prepares
of economic enough means to cover
their own necessities.
In case the spouse regrouped victim outside
of gender violence, without necessity that you
have completed the previous requirement, he/she will be able to obtain the
residence authorization and independent work,
from the moment in that it had been dictated to their favor
a protection order or, in their defect, report of the one
Fiscal Ministry that indicates the existence of indications
of gender violence.
3. The regrouped children will be able to obtain an authorization
of independent residence when they reach
most of age and have economic means
enough to cover their own necessities.
4. Reglamentariamente will be determined the form and
the quantity of the considered enough economic means
so that the regrouped relatives can
to obtain an independent authorization.
5. In the event of death of the regrouping one, the relatives
regrouped they will be able to obtain an authorization of
independent residence under the conditions that you
determine."
Twenty-two. The article 22 are edited of the
following way:
"Article 22. Right to the artificial gratuitous attendance.
1. The foreigners that are in Spain have
right to the artificial gratuitous attendance in the processes
in those that are part, whichever it is the jurisdiction
in the one that are continued, under the same conditions that those
Spanish citizens.
2. The foreigners that are in Spain have
right to the artificial gratuitous attendance in the procedures
administrative that can take to the denial
of their entrance, to their refund or their expulsion of the one
Spanish territory, and in all the procedures in
matter of international protection, when they lack
of economic enough resources according to the approaches
settled down in the normative one applicable. Also, they will have
right to interpreter's attendance if they don't understand
or they don't speak the official language that is used.
3. In the contentious-administrative processes
against the resolutions that put an end to the administrative road
as regards entrance denial, refund
or expulsion, the recognition of the right to the attendance
artificial gratuitous it will require a new application and the
expressed perseverance of the interested foreigner's will
of to interpose the resource or to exercise the corresponding action.
The manifestation of the will of appealing the
administrative resolution will be carried out in the form and
before the public official that reglamentariamente you
determine, so that the ability is guaranteed of
to also exercise their right to the artificial gratuitous attendance
when, according to the legally foreseen causes, the one
foreigner could be private of freedom.
To the effects foreseen in this section, when the one
foreigner was entitled to the artificial gratuitous attendance and is outside of Spain, the application of the
same and, in their case, the manifestation of the will of
to appeal, they will be able to be carried out before the diplomatic Mission or
Consular corresponding office."
Twenty-three. The letter to) of the section 2 of the article 23
it is edited in the following way:
"to) Those made by the authority or official
public or personnel in charge of a public service,
that in the exercise of their functions, for action or omission,
carry out any discriminatory forbidden act
for the law against a foreigner only for their condition of
such or to belong to a certain race, religion,
ethnos or nationality."
Twenty-four. A new section is introduced 5 in the one
article 25 that it is edited in the following way:
"5. The entrance in the foreigners' national territory
to those that it is not they of application the régime
community, he/she will be able to be registered by the authorities
Spanish to the effects of control of their period of permanency
legal in Spain, of conformity with the Law
Organic 15/1999, of December 13, of protection
of data of character personnel."
Twenty-five. The article 25 bis are edited of
the following way:
"Article 25 bis. Visa types.
1. The foreigners that intend to enter in
Spanish territory will be provided of visa,
validly sent and in vigor, extended in their passport
or I document of trip or, in their case, in document
separated, except for that prepared in the section 2 of the article
25 of this Law.
2. The visas to that he/she refers the previous section
they will be of one of the following classes:
to) traffic Visa that enables to traffic for the
area of international traffic of a Spanish airport
or to cross the Spanish territory. Not it will be exigible the
obtaining of this visa in cases of traffic of a
foreigner to repatriation effects or estrangement for
via air requested by a State member of the Union
European or for a third state that has undersigned with
Spain an international agreement on this matter.
b) stay Visa that enables for a stay
uninterrupted or successive stays for one period
or it adds of periods whose total duration doesn't exceed of
three months for semester starting from the date of first o'clock
entrance.
c) residence Visa that enables to reside
without exercising labor activity or professional.
d) residence Visa and work that it enables for
the entrance and stay for a maximum period of three
months and for the beginning, in that term, of the activity
labor or professional for which had been previously
authorized. In this time the one will take place
high of the worker in the Social security that will endow
of effectiveness to the residence authorization and work,
self-employed or other people's. If lapsed the term not
the high one, the foreigner had taken place it will be
forced to leave the national territory, incurring,
otherwise, in the infraction contemplated in the one
article 53.1.a) of this Law.
and) residence Visa and season work,
that he/she enables to work for other people's bill up to nine
months in a period of twelve serial months.
f) Visa of studies that enables to remain
in Spain for the realization of courses, studies, works
of investigation or formation, students' exchange,
practical not labor or voluntariado services,
not remunerated laborly.
g) investigation Visa that enables the foreigner
to remain in Spain to carry out projects of
investigation in the mark of a welcome agreement
signed with an investigation organism.
3. Reglamentariamente, the different ones will be developed
types of visas."
Twenty-six. The article 28 are edited of the
following way:
"Article 28. Of the exit of Spain.
1. The exits of the Spanish territory will be able to be carried out
freely, except in the cases foreseen in the one
Penal code and in the present Law. The exit of those
foreigners to those that it is not they of application the régime
community, he/she will be able to be registered by the authorities
Spanish to the effects of control of their period of
legal permanency in Spain of conformity with the
Organic law 15/1999, of December 13, of Protection
of Data of Character Personnel.
2. Exceptionally, the Secretary of the Interior
he/she will be able to prohibit the exit of the Spanish territory for reasons
of national security or of public health. The instruction
and resolution of the prohibition files
he/she will always have character singular.
3. The exit will be obligatory in the following ones
suppositions:
to) Expulsion of the Spanish territory for judicial order,
in the cases foreseen in the Penal Code.
b) Expulsion or refund agreed by resolution
administrative in the cases foreseen in the present
Law.c) administrative Denial of the applications
formulated by the foreigner to continue remaining
in Spanish territory, or authorization lack for
to be in Spain.
d) Execution of the term in the one that a worker
foreigner had committed to return to his country of
origin in the mark of a program of return volunteer."
Twenty-seven. The title of the Chapter II are edited
in the following way:
"CHAPTER II
Of the stay Authorization and of residence
Twenty-eight. The section 2 of the article 29 are
edited in the following way: 2. The different situations of the foreigners in
Spain will be been able to credit by means of passport or document
of trip that it credits their identity, visa or card
of foreigner's identity, as it corresponds."
Twenty-nine. The section 1 of the article 30 are
edited in the following way:
"1. Stay is the permanency in Spanish territory
for a period of time non superior to 90 days, without
damage of that prepared in the article 33 for the admission
to effects of studies, students' exchange,
practical not labor or voluntariado services."
Thirty. The section 2 of the article 30 bis are
edited in the following way:
"2. The residents will be able to be in the situation
of temporary residence or of residence of long
duration."
Thirty and one. The article 31 are edited of the
following way:
"Article 31. Situation of temporary residence.
1. The temporary residence is the situation that authorizes
to remain in Spain for a superior period to 90 days
and inferior to five years. The duration authorizations
inferior to five years they will be able to be renewed, at the request of the one
interested, assisting to the circumstances that motivated
their concession. The duration of the authorizations
initials of temporary residence and of the renovations and the
duration of these, reglamentariamente will settle down.
2. The initial authorization of temporary residence
that work authorization doesn't behave it will be granted
to the foreigners that have means
enough for yes and, in their case, for those of their family.
Reglamentariamente will settle down the approaches
to determine the sufficiency of this means.
3. The Administration will be able to grant an authorization
of temporary residence for situation of I root,
as well as for humanitarian reasons, of collaboration
with the Justice or other exceptional circumstances that
reglamentariamente is determined.
In these suppositions it won't be exigible the visa.
4. The initial authorization of temporary residence
and I work that will authorize to carry out activities
lucrative self-employed and/or other people's, it will be granted
according to that prepared by the articles 36 and
following of this Law.
In these suppositions it won't be exigible the visa.
5. To authorize the temporary residence of a
foreigner will be necessary that it lacks antecedents
penal in Spain or in the 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 authorization
of residence to the foreigners that hubieren
been condemned by the commission of a crime and have
compliment the condemnation, those that have been pardoned or
those that are in period of suspension of the
it punishes exclusive of freedom.
6. The foreigners with residence authorization
storm will come forced to put in knowledge
of the competent authorities the changes of nationality,
civil state and home.
7. For the renovation of the authorizations of
temporary residence, will be valued in its case:
to) The condemnation for the commission of a crime or
it lacks, considering the existence of reprieves or those
situations of conditional remission of the pain or the
suspension of the exclusive pain of freedom.
b) The execution of the obligations of the one
foreigner in tributary matter and of security
social.
To the effects of this renovation, it will be valued
especially the effort of the foreigner's integration
that he/she advises their renovation, credited by means of
a positive report of the Autonomous Community
that it certifies the attendance to the formative actions
contemplated in the article 2 ter of this Law."
Thirty two. A new article is added 31.bis
with the following writing:
"Article 31 bis. Temporary residence and work of
women foreign victims of gender violence.
1. The women foreign victims of violence
of gender, whichever it is their administrative situation,
they have guaranteed the grateful rights
in the Organic Law 1/2004, of December 28, of
Measures of Integral Protection against the Violence of
Gender, as well as the protection measures and security
settled down in the effective legislation.
2. If when being denounced a situation of violence of
gender against a foreign woman showed
their irregular situation, the administrative file
sancionador filed by infraction of the article53.1.a) of this Law it will be suspended by the instructor
until the resolution of the penal procedure.
3. The foreign woman that is in described situation
in the previous section, he/she will be able to request an authorization
of residence and work for exceptional circumstances
starting from the moment in that one had been dictated
protection order to their favor or, in their defect, Report
of the Fiscal Ministry that indicates the existence of indications
of gender violence. This authorization won't be solved
until it concludes the penal procedure.
Without the above-mentioned damage, the competent authority
to grant the authorization for exceptional circumstances
he/she will be able to grant a provisional authorization
of residence and work in favor of the foreign woman.
The provisional possibly granted authorization
it will conclude in the moment in that it is granted or refuse
definitively the authorization for circumstances
exceptional.
4. When the penal procedure concluded with
a condemnatory sentence, will be notified to the interested one
the concession of the temporary residence and of work
requested. In the supposition that there was not you
requested, he/she will be informed of the possibility of granting
to their favor a residence authorization and work
for exceptional circumstances granting him/her a term
for their application.
When of the penal procedure not concluded
the situation of gender violence could be deduced,
the file administrative sancionador will continue
initially suspended."
Thirty three. The article 32 are edited of the
following way:
"Article 32. Residence of long duration.
1. The residence of long duration is the situation
that it authorizes to reside and to work indefinitely in Spain,
under the same conditions that the Spaniards.
2. They will be entitled to residence of long duration
those that have had temporary residence in Spain
during five years in a continuous way that gather those
condition that reglamentariamente settles down.
To the effects of obtaining the residence of long duration
they will compute the periods of previous residence and
continued in other States members, as regular
of the blue card of the EU. It will be considered that the
residence has been continued although per periods of
vacations or other reasons that reglamentariamente settles down
the foreigner has abandoned the territory
national temporarily.
3. The foreign residents of long duration in
another State member of European Union will be able to request
for themselves and to obtain a residence authorization
it releases duration in Spain when they will develop
an activity self-employed or other people's, or for
other ends, under the conditions that reglamentariamente settles down.
Nevertheless, in the supposition that
the foreign residents of long duration in another
member of European Union wants to conserve
resident's of long duration statute
acquired in the first state member, they will be able to
to request and to obtain a residence authorization
storm in Spain.
4. With regulation character approaches will settle down
for the concession of other residence authorizations
of long duration in individual suppositions of
special linking with Spain.
5. The extinction of the residence of long duration
he/she will take place in the following cases:
to) When the authorization has been obtained of
fraudulent way.
b) When an expulsion order is dictated in those
cases foreseen in the Law.
c) When the absence of the territory takes place
of European Union during 12 serial months.
Reglamentariamente will settle down the exceptions to
the loss of the authorization for this reason, as well as
the procedure and requirements to recover the authorization
of residence of long duration.
d) When the residence of long duration is acquired
in another State member."6. Foreign people that have lost the
residents' of long duration condition will be able to
to recover this statute by means of a procedure
simplified that reglamentariamente will be developed.
This procedure will be applied mainly in the one
people's that have resided in another State case
member for the realization of studies.
Thirty four. The article 33 are edited
in the following way:
"Article 33. Admission régime to effects of
studies, students' exchange, practical not labor
or voluntariado services.
1. He/she will be able to be authorized, in stay régime, the one
foreigner that has as unique or main end to carry out
one of the following non labor activities of character:
to) to Study or to enlarge studies.
b) to Carry out investigation activities or formation,
without damage of the special régime of the investigators
regulated bis in the article 38 of this Law.
c) to Participate in exchange programs of
students in any educational or scientific centers,
publics or private, officially grateful.
d) to Carry out practical.
and) to Carry out voluntariado services.
2. The validity of the authorization will coincide with the
duration of the course for which is registered, of those
investigation works, of the exchange of students,
of the practices or of the voluntariado service.
3. The authorization will be continued annually if the one
holder demonstrates that it continues gathering the conditions
required for the expedition of the initial authorization
and that it completes the demanded requirements, well for the center
of teaching or scientific to the one that attended, there being you verified
the realization of the studies, the works of
investigation, or for the exchange program or
voluntariado, or I center where he/she carries out the practices.
4. The foreigners admitted with study ends,
practical not labor or voluntariado will be able to be authorized
to exercise an activity rewarded by bill
own or other people's, in the measure in that it doesn't limit it the
prosecution of the studies or assimilated activity, in
the terms that reglamentariamente is determined.
5. The work realization in a family for
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."
6. It will be facilitated the entrance and permanency in Spain,
in the terms established reglamentariamente,
of the foreign students that participate in programs
of European Union dedicated to favor the
mobility going to the Union or in the same one.
7. All foreigner, admitted in student's quality
in another State member of European Union,
that he/she requests to already study part of their studies initiate or
to complete these in Spain will be able to request an authorization
of stay for studies and to obtain it, if it gathers those
regulation requirements for it, not being exigible
the visa.
So that all foreigner admitted in quality of
student in Spain can request to study part of their
studies already initiate or to complete these in another State
member of European Union, the Spanish Authorities
they will facilitate the opportune information on the permanency
of that in Spain, at the request of the Authorities
competent of this State member.
8. They undergo the stay régime foreseen in
this article the foreigners that study in Spain studies
of sanitary specialized formation of agreement
with the Law 44/2003, of November 11, of professions
sanitary, unless they already had an authorization
of residence previously to the beginning of the same ones,
in which case they will be able to continue in this situation."
Thirty five. The article 35 are edited of
the following way:
"Article 35. Not accompanied minors.
1. The Government will promote the establishment of
Agreements of collaboration with the origin countries that
contemplate, integradamente, the prevention of the immigration
irregular, the protection and the return of those
not accompanied minors. The Autonomous Communities
they will be informed of such Agreements.
2. (new) The Autonomous Communities
they will be able to establish agreements with the origin countries
directed to offer that the attention and integration
social of the minors he/she is carried out in their origin environment.
Such agreements will assure properly
the protection of the interest of the minors and
they will contemplate mechanisms for an appropriate one
pursuit for the Autonomous Communities of the
situation of the same ones.
3. In the suppositions in that the Bodies and Forces
of Security of the State they 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 he/she specifies, in accordance with that settled down in the legislation
of the minor's artificial protection, putting on the one
fact in immediate knowledge of the Fiscal Ministry,
that it will prepare the determination of their age, for him
that the sanitary opportune institutions will collaborate
that, with high-priority character, they will carry out the tests
necessary.
4. Certain the age, if is about a minor,
the Fiscal Ministry will put it to disposition of the services
competent of protection of smaller than the
Autonomous community in which you/they are.
5. The Administration of the State will request report
on the family circumstances of the minor to the
diplomatic representation of the origin country with
character foresaw to the relative decision to the initiation of
a procedure on their repatriation. Agreed the
initiation of the procedure, after having heard the minor
if he/she has enough trial, and previous report of the services
of protection of smaller and of the Fiscal Ministry,
the Administration of the State will solve what proceeds
on the return to their origin country to that where you
finds their relatives or, in their defect, on its
permanency in Spain. In accordance with the principle of
the minor's superior interest, the repatriation to the country of
origin will be made family very mediating regrouping,
very mediating the setting to the minor's disposition
in the face of the protection services of smaller, if they were given
the appropriate conditions for their it guides for
it leaves of the same ones.
6. To those bigger than sixteen and smaller than eighteen
years they will be recognized capacity to act in
the repatriation procedure foreseen in this article,
as well as in the jurisdictional contentious order
administrative for the same object, being able to intervene
personally or through the representative that
designate.
When it is of smaller than sixteen years, with trial
enough that had manifested a will
contrary to the one of who shows their it guides or representation,
the course of the procedure will be suspended, until the appointment
of the judicial defender that represents them.
7. It will be considered to regulate, to all the effects, the
the minors' that are guided in Spain residence
for a Public Administration, by virtue of resolution
judicial, for any other entity. To instance
of the organism that exercises the it guides and once
the return impossibility have been credited
with their family or to the origin country, it will be granted to the minor
a residence authorization whose effects you retrotraerán
to the moment in that the smallest hubiere been put
to disposition of the protection services of smaller.
The absence of residence authorization not
it will impede the recognition and enjoyment of all the rights
that they correspond him/her for their condition of smaller.
8. The concession of a residence authorization
it won't be obstacle for the ulterior repatriation when
favor the minor's superior interest, in the terms
settled down in the section room of this article.
9. Reglamentariamente will be determined the conditions
that the guided minors will complete
that they have residence authorization and reach
most of age to renovate their authorization or to consent
to a residence authorization and work having
in bill, in their case, the positive reports that, to
these effects, they can present the public entities
competent referred to their integration effort,
the continuity of the formation or studies that
they were being carried out, as well as their incorporation,
effective or potential, to the work market. Those
Autonomous communities will develop the politicians
necessary to facilitate the insert of the minors
in the labor market when they reach most
of age.
10. The Bodies and Forces of Security of the State
they will adopt the technical necessary measures for the
the undocumented smallest foreigners' identification,
with the purpose of knowing the possible references that
on them they could exist in some public institution
national 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."11. The General Administration of the State and those
Autonomous communities will be able to establish agreements
with non government organizations, foundations
and entities dedicated to the protection of
smaller, with the purpose of attributing them it guides her ordinary
of the not accompanied smallest foreigners.
Each agreement will specify the number of smaller
whose guides he/she commits to assume the entity
corresponding, the residence place and the means
materials that will be dedicated to the attention of those
same.
It will be legitimated to promote the constitution
of it guides her the Autonomous Community under whose custody
the minor be. To such effects, it will should
to go to the competent tribunal that proceeds in function
of the place in that the minor will reside, attaching
the corresponding agreement and the conformity
of the entity that will assume the it guides.
The régime of it guides her it will be the one foreseen in the Code
Civil and in the Law of Civil Prosecution. Also,
they will be applicable to the smallest foreigners not
accompanied the remaining forecasts have more than enough protection
of smaller collections in the Civil Code and in the
effective legislation in the matter.
12. The Autonomous Communities will be able to arrive
to agreements with the Autonomous Communities
where the smallest foreigners are not
accompanied to assume the it guides and it guards, with
the end of guaranteeing the minors some better conditions
of integration.
Thirty six. The title of the Chapter III are
edited in the following way:
"CHAPTER III
Of the authorizations for the realization of activities
lucrative"
Thirty seven. The article 36 are edited of
the following way:
"Article 36. Residence authorization and work.
1. The foreigners bigger than sixteen years will specify,
to exercise any lucrative, labor activity
or professional, of the corresponding authorization
administrative previous to reside and to work. The authorization
of work it will be granted jointly with the one of
residence, I save in the suppositions of the authorizations
provisional mentioned in the section 3 of the article
31 bis of this Law, of having punished foreigners that you
find completing condemnations or in other suppositions
exceptional that reglamentariamente is determined.
2. The effectiveness of the residence authorization and
I work initial it will be conditioned to the high of the worker in
the Social security. The Entity Agent will check in
each case the previous qualification of the foreigners for
to reside and to carry out the activity.
3. When the foreigner intended to work for
it counts own or other people's, exercising a profession for the
that a special titulación, the concession of the is demanded
authorization will be conditioned to the holding and, in its case,
approval of the corresponding title and, if the laws
demands this way it, to the colegiación.
4. For the recruiting of a foreigner, the employer
he/she will request the authorization to that he/she refers the one
remote 1 of the present article that in any event will should
to accompany of the work contract that guarantees
a continuous activity during the period of validity
of the authorization.
5. The lack of the residence authorization and
I work, without damage of the responsibilities of the one
manager to that gives place, included those of Security
Social, it won't invalidate the work contract regarding
the foreign worker's rights, neither it will be obstacle
for the obtaining of the derived benefits of
suppositions contemplated by the international agreements
of protection to the workers or others that could
to correspond him/her, whenever they are compatible with
their situation. In any event, the worker that lacks of
residence authorization and work won't be able to obtain
benefits for unemployment.
Except for in the legally foreseen cases, the recognition
of a benefit it won't modify the situation
administrative of the foreigner.
6. In the initial concession of the administrative authorization
to work they will be been able to apply special approaches
for certain nationalities in function of the one
principle of reciprocity.
7. Authorization won't be granted to reside and to carry out
a lucrative, labor or professional activity, to those
foreigners that, in the mark of a return program
volunteer to their origin country, they had committed
to not returning to Spain during a certain term
as long as this term had not lapsed."
8 (new). Reglamentariamente will be determined
the conditions and requirements to make possible
the participation of foreign workers in
anonymous labor societies and cooperative societies.
Thirty eight. The article 37 are edited of
the following way:
"Article 37. Residence authorization and work
self-employed.
1. For the realization of economic activities
self-employed the execution will credit
of all the requirements that the effective legislation demands
to the national ones for the opening and operation of the
projected activity, as well as the relatives to the sufficiency
of the investment and the potential creation of
I use, among other that reglamentariamente settles down.
2. The initial authorization of residence and work
self-employed it will be limited to a geographical environment and to
an activity sector. Their duration will be determined
reglamentariamente.
It will be limited to an environment geographical non superior to the one
of an Autonomous Community.
3. (New.) The concession of the initial authorization
of work, in necessary coordination with the one that
it corresponds to the State as regards residence,
it will correspond to the Autonomous Communities of
agreement with the competitions assumed in those
corresponding Statutes."
Thirty nine. The article 38 are edited of
the following way:
"Article 38. Residence authorization and work
for other people's bill.
1. For the initial concession of the authorization of
residence and work, in the case of workers for
it counts other people's, one will keep in mind the national situation
of employment.
2. The national situation of employment will be determined
for the Public Service of State Employment with the
information provided by the Autonomous Communities
and with that derived of statistical indicators
official and it will be captured in the Catalog of
Occupations of Difficult Covering. This catalog will contain
a relationship of susceptible employments of being
satisfied through the recruiting of workers
foreigners and previous consultation of the Commission will be approved
Labor Tripartite of Immigration.
Equally, he/she will understand each other that the national situation
of employment it not allows the recruiting in occupations
classified when of the management of the offer you concludes
the inadequacy of adapted employment plaintiffs
and available. Reglamentariamente will be determined
the minimum requirements to consider that the
management of the employment offer is considered enough
to these effects.
3. The procedure of concession of the authorization
of residence and initial work, without damage of those
foreseen suppositions when the foreigner that is in
Spain is paymaster to request or to obtain
a residence authorization and work, will be based on the
application of covering of a vacant, presented position
for a manager or employer in the face of the competent authority,
together with the work contract and the rest of
exigible documentation, offered to the foreign worker
residing in a third country. Verified the execution
of the requirements, the competent authority will send
an authorization whose effectiveness will be conditioned
to that the foreigner requests the corresponding visa and
that, once in Spain, take place the high of the worker
in the Social security.
4. The manager or employer will be forced to
to communicate the waiver of the authorization application
if, while he/she was solved the authorization or the visa,
the recruiting necessity disappeared of the one
foreigner or modifies the conditions of the contract
of work that served from base to the application. Also,
when the foreigner paymaster is in Spain
it will register in the Public Services of Employment
the work contract that gave place to the application and to formalize
the high of the worker in the Social security, and
if it could not begin the labor relationship, the manager
or employer will be forced to communicate it to the authorities
competent.
5. The initial authorization of residence and work
it will be limited, I save in the cases foreseen by the Law and those
International agreements signed by Spain, to a
determined territory and occupation. Their duration you
it will determine reglamentariamente.
6. The residence authorization and work will be renewed
to their expiration:
to) When it persists or be renewed the work contract
that it motivated their initial concession, or when it is counted
with a new contract.
b) When for the competent authority, as
to the normative of the Social security, it had been granted
a benefit contributiva for unemployment.
c) When the foreigner is beneficiary of one
economic assistance benefit of character public
dedicated to achieve their social or labor insert.
d) When other foreseen circumstances converge
reglamentariamente, in particular, the suppositions
of extinction of the work contract or suspension of
the labor relationship as consequence of being victim
of gender violence.
7. Starting from the first concession, the authorizations
they will be granted without some environment limitation
geographical or occupation."
Forty. An article is introduced 38 bis in those
following terms:
"Article 38 bis. The investigators' special régime.
1. He/she will have investigator's consideration the one
foreigner whose permanency in Spain has as end
only or main to carry out investigation projects,
in the mark of a welcome agreement signed with a
investigation organism.
2. The entities dedicated to the investigation,
public or private that complete the foreseen conditions
reglamentariamente, will be able to be authorized for
the State or for the Autonomous Communities, according to
correspond, as investigation organisms for
to give refuge to foreign investigators. This authorization
he/she will have a five year-old minimum duration, except for cases
exceptional in that will be granted more by one period
short; if lapsed the maximum term didn't have you
legitimate notified expressed resolution to the interested one,
the application deduced by this will understand each other underrated
for administrative silence.
3. Reglamentariamente will be determined the requirements
for the signature of the welcome agreement among the one
investigator and the investigation organism and the conditions
of the investigation project.
4. The foreigner's situation in investigator's régime
it will be that of residence authorization and work,
that he/she will be renewed annually if the holder continues gathering
the established conditions for the expedition of the
initial authorization.
5. The foreigners admitted with these ends
they will be able to impart classes or to carry out other compatible activities
with their main activity of investigation, with
arrangement to the normative one in vigor.
6. The investigation organism will inform
as soon as possible, to the Authority that granted the authorization
of residence and work, of any event
that it impedes the execution of the welcome agreement.
7. All foreigner admitted in investigator's quality
in another State member of European Union that
request to carry out part of their investigation in Spain
during a superior period to three months will be able to request
a residence authorization and work and to obtain it if
it gathers the regulation requirements for it, not being
exigible the visa, but being been able to demand a new one
welcome agreement.
8. The investigator, once concluded the agreement
as such or resolved this for non attributable causes to
that established reglamentariamente, he/she will be able to be
authorized to reside and to exercise a lucrative activity
without necessity of returning to their country if it completed those
requirements foreseen in this chapter. In this case,
equally they will conserve the residence right their
family according to the general norms without necessity
again visa."
Forty bis (new). An article is introduced
38 ter in the following terms:
"Article 38 ter. Residence and professionals' work
highly qualified.
1. It will be considered highly qualified professional
to the effects of this article to those who credit
higher education qualifications or, exceptionally,
have a five year-old minimum of
professional experience that can be considered
comparable, in the terms that are determined
reglamentariamente.
2. The highly qualified professionals
according to this article they will obtain an authorization of
residence and work documented with a card
blue of the EU.
3. For the concession of the dedicated authorizations
to highly qualified professionals he/she will be able to
to be kept in mind the national situation of employment, this way
as the necessity of protecting the sufficiency of resources
human in the country of the foreigner's origin.
4. The regular foreigner of the blue card of the
EU that has resided at least eighteen months in
another State member of European Union, will be able to
to obtain an authorization in Spain like professional
highly qualified. The application will be able to show up
in Spain, before the course of one month
from their entrance, or in the State member where you
find authorized. In case the authorization would originate
he/she had extinguished without he/she has been solved
the authorization application in Spain, one will be able to
to grant an authorization of temporary stay
for the foreigner and the members of their family.
If extinguishes the validity of the authorization
it would originate to remain in Spain or if refuses you
the application, the authorities will be able to apply those
measures legally foreseen for such a situation. In
case that proceeds their expulsion this one will be able to
to execute driving to the foreigner to the State member
of the one that comes.
5. Reglamentariamente will be determined those
requirements for the concession and renovation of the
residence authorization and work regulated in
this article.
6. The concession of the initial authorization of
I work, in necessary coordination with the one that corresponds
to the State as regards residence, it will correspond
to the Autonomous Communities of agreement
with the competitions assumed in the corresponding ones
Statutes."
Forty and one. The article 39 are edited of
the following way:
"Article 39. Collective management of recruitings
in origin.
1. The Ministry of Work and Immigration, having
in bill the national situation of employment, will be able to
to approve an annual forecast of the occupations and, in its
case, of the foreseen figures of employments that are been able to
to cover through the collective management of recruitings
in origin in a certain period, to those that only
they will have access those that are not or reside in
Spain. Also, he/she will be able to establish a number of
visas for employment search under the conditions
that they are determined, directed to children or grandsons of Spanish
of origin or to certain occupations. The one mentioned
forecast will keep in mind the proposals that, previous
it consults of the social agents in their corresponding environment,
be carried out by the Autonomous Communities,
and previous consultation of the Commission will be adopted
Labor Tripartite of Immigration.
2. The procedure of concession of the authorization
residence initial and work by means of procedure
collective of the contracts in origin, it will be based
in the simultaneous management of a plurality of authorizations,
presented by one or several employers, concerning
of workers selected in their countries, with
the participation, in their case, of the competent authorities.
In the management of the same one you will act coordinately
with the Autonomous competent Communities
for the concession of the authorization of
I work initial.
3. The employment offers carried out through
this procedure will be guided preferably toward
the countries with those that Spain has signed agreements
on regulation of migratory flows."
Forty two. The article 40 are edited of
the following way:
"Article 40. Specific suppositions of excuse
of the national situation of employment.
1. One won't keep in mind the national situation of
I use when the work contract goes directed to:
to) The relatives regrouped in labor age,
or the spouse or residing in foreigner's son
Spain with a renovated authorization, as well as to the one
son of nationalized Spanish or of citizens of
other States members of European Union and of
other States part in the Economic European Space,
whenever these last take, as minimum,
one year residing legally in Spain and
to the son it is not him/her of application the community régime.
b) The holders of a previous authorization of work
that they seek their renovation.
c) The necessary workers for the assembly for
renovation of an installation or productive teams.
d) Those that had enjoyed the condition of
refugees, during the following year to the ceasing of the
application of the Convention of Geneva of July 28
of 1951, on the Statute of the Refugees, for those
reasons picked up in the supposition 5 of the section C of
their article 1.
and) 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.
f) The foreigners that are responsible for
or descending of Spanish nationality.
g) The born foreigners and residents in Spain.
h) The children or grandsons of Spanish of origin.
i) The smallest foreigners in labor age with
authorization of residence that you/they are guided by the
protection entity of smaller competent, for
those activities that, to approach of the one mentioned
entity, favor their social integration, and once
credited the return impossibility with their family or
to the origin country.
j) The foreigners that obtain the authorization of
residence for exceptional circumstances in those
suppositions that reglamentariamente is determined and, in
all case, when it is about victims of violence of
gender or of it is about human beings.
k) The foreigners that have been holders of
work authorizations for season activities,
during two natural years, and have returned to its
country.
l) The foreigners that have given up their authorization
of residence and work by virtue of a program
of return volunteer."2. Neither one will keep in mind the situation
national of employment, under the conditions that are determined
reglamentariamente for:
to) The covering of positions of trust and
directive of companies.
b) The highly qualified professionals,
including technicians and scientists hired for
public entities, universities or investigation centers,
I develop and dependent innovation of
companies, without damage of the application of the régime
specific of applicable authorization of conformity
with the present Law.
c) The workers in insole of a company
or group of companies in another country that you/they seek
to develop their labor activity for the same one
company or group in Spain.
d) The artists of grateful prestige.
Forty three. They are suppressed the letter j) of the section
1 and the section 3 of the article 41, the letter k) of the section
1 become letter j).
Forty four. The article 42 are edited
in the following way:
"Article 42. The workers' special régime
of season.
1. The Government will regulate reglamentariamente the
residence authorization and work for the workers
foreigners in season activities or campaign
that it allows them the entrance and exit of the national territory,
as well as the documentation of their situation, of
agreement with the characteristics of the mentioned campaigns
and the information that you/they give him/her the Communities
Autonomous where they are promoted.
2. To grant the residence authorizations
and I work it will be guaranteed that the seasonal workers
they will be housed under conditions of dignity and
adapted hygiene.
3. The public Administrations will promote the
attendance of the social appropriate services.
4. The offers of season employment will be guided
preferably toward the countries with those that Spain
have signed agreements it has more than enough regulation of flows
migratory.
5. The Autonomous Communities, the City Councils
and the social agents will promote the circuits
that they allow the concatenation of the workers
of season, in collaboration with the
General administration of the State."
6 (new). Reglamentariamente will be determined
the conditions so that the workers in
insole of a company or group of companies that
develop their activity in another country they can be
authorized to work temporarily in Spain
for the same company or group.
Forty five. The article 43 are edited
in the following way:
"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 should
to obtain the administrative corresponding authorization,
with the requirements and conditions with which they are granted
the authorizations of régime general, being they of
application as for the rights of security
social that settled down in the article 14.1 of this Law.
2. Reglamentariamente will settle down the conditions
for the residence authorization and work in the one
mark of transnational benefits of services, of
agreement with the normative one effective."
Forty six. The article 44 are edited of
the following way:
"Article 44. Taxable fact.
1. The rates will be governed by the present Law and for
the normative other sources that settle down for the rates
in the article 9 of the Law 8/1989, of April 13,
of Rates and Public Prices.
2. It constitutes the taxable fact of the rates the
procedure of the administrative authorizations and of
the documents of identity foreseen in this Law, this way
as of their extensions, modifications and renovations;
in particular:
to) The procedure of authorizations for the extension
of the stay in Spain.
b) The procedure of the authorizations to reside
in Spain.
c) The procedure of work authorizations,
unless it is about authorizations for one period
inferior to six months.
d) The procedure of cards of identity of
foreigners.
and) The procedure of documents of identity to
illegal aliens.
f) The visa procedure."
Forty seven. The article 45 are edited
in the following way:
"Article 45. I become.
1. The rates will be yielded when the is requested
authorization, the extension, the modification, the renovation,
or the visa.
In the case of the Autonomous Communities that
have passed over the competitions as regards
work authorization, will correspond them the I become
of the yield of the rates.
2. In the cases of residence authorization and work
for other people's bill in favor of workers of service
domestic of character partially or discontinuous, the one
I become of the rate he/she will take place in the affiliation moment
and/or high of the worker in the Social security.
3. In the cases of renovation of the authorization
of residence and work for other people's bill, in absence of
employer, and when it is about workers of service
domestic of character partially or discontinuous, the one
I become of the rate he/she will take place in the moment of high
of the worker in the Social security."4. (new) The amount of the rates will settle down
for ministerial order of the competent departments.
When the Autonomous Communities have
passed over the competitions as regards authorization
work initial, these will be governed by the
corresponding legislation.
Forty eight. The article 46 are edited
in the following way:
"Article 46. Passive fellows.
1. They will be subject passive of the rates the applicants
of visa and people in whose favor is granted
the authorizations or the foreseen documents are sent
in the article 44, I save in the work authorizations
for other people's bill, in which case it will be subject passive
the employer or manager, except in the supposition of
relate labor in the sector of the domestic service
of character partially or discontinuous in that will be it the own one
worker.
2. It will be null all pact for the one that the worker
for other people's bill it assumes the obligation of paying in everything
or partly the amount of the established rates."
Forty nine. A third paragraph is added to the article
47 that it is edited in the following way:
"The public entities of protection of smaller
they will be exempt of the payment of the derived rates of those
authorizations that are forced to request for these
in exercise of the legal representation that of them
they show."
Fifty. The section 1 of the article 49 are
edited in the following way:
"1. The management and collection of the rates will correspond
to the competent organs for the concession
of the authorizations, modifications, renovations and
extensions, the expedition of the documentation to that you
he/she refers the article 44 and the procedure of the application of
visa."
Fifty and one. Two new letters d is added)
and and) to the article 52 that are edited of the following one
way:
"d) to Be working in an occupation, sector
of activity, or geographical environment not contemplated
for the residence authorization and work of the one that you
it is regular.
and) The recruiting of workers whose authorization
it doesn't enable them to work in that occupation
or geographical environment, being incurred in one
infraction for each one of the foreign workers
busy."
Fifty two. The article 53 are edited
in the following way:
"Article 53. Serious infractions.
1. They are serious infractions:
to) to Be abnormally in Spanish territory,
for not having obtained the stay extension,
to lack residence authorization or to have expired
more than three months the mentioned authorization, and always
that the interested one not requested hubiere the renovation
of the same one in the term foreseen reglamentariamente.
b) to Be working in Spain without having
obtained work authorization or administrative authorization
previous to work, when it doesn't count with
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 competent authorities the changes
that they affect to nationality, civil state or home, this way
as incurring in falsehood in the declaration of the data
obligatory to execute the high one in the census
municipal to the effects foreseen in this Law, always
that such facts don't constitute crime. When any
authority had knowledge of a possible one
infraction for this cause, will put it in knowledge of
the competent authorities with the purpose of that he/she can
to self teach the opportune file sancionador.
d) The nonfulfillment of the imposed measures
for reason of public security, of periodic presentation
or of estrangement of opposite or population's nucleuses
summed up singly, in accordance 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 foreseen order
as serious in the Organic Law 1/1992, of 21 of
February, on Protection of the Civic Security.
g) The exits of the Spanish territory had not put
paymasters, without exhibiting the foreseen documentation or
contravening the legally imposed prohibitions.
h) Incumplir the obligation of the section 2 of the article4.
2. They are also serious infractions:
to) Not to give of high, in the Régime of the Security
Social that corresponds, to the foreign worker whose
residence authorization and work for other people's bill
he/she had requested, or not to register the work contract
under the conditions that served from base to the application,
when the manager has perseverance that the worker
he/she is legally in Spain enabled for the one
I begin of the labor relationship. Nevertheless, it will be
exempt of this responsibility the manager that communicates
to the competent authorities the concurrence of
reason happened that they can put in objective risk
the viability of the company or that, according to the
legislation, impede the beginning of this relationship.
b) to Promote the irregular permanency in Spain
of a foreigner, when their legal entrance has counted
with the offender's expressed invitation and continue to its
I load once lapsed the period of allowed time
for their visa or authorization. To graduate the sanction
they will be kept in mind the personal circumstances
and concurrent relatives.
c) to Consent the inscription of a foreigner in the one
Municipal census, on the part of the holder of a housing
paymaster for such an end, when this housing doesn't constitute
the foreigner's real home. It will be incurred in one
infraction for each person unduly inscribed."
Fifty three. The article 54 are edited
in the following way:
"Article 54. Very serious infractions.
1. They are very serious infractions:
to) to Participate in activities contrary to the security
national 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 with
spirit of lucre, individually or being part of
an organization, the secret immigration of people
in traffic or going to the Spanish territory or its
permanency in the same one, whenever the fact not
constitute crime.
c) The realization of discrimination behaviors
for racial, ethnic, national reasons or religious,
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
to have obtained with character foresaw the corresponding one
residence authorization and work, being incurred in
an infraction for each one of the foreign workers
busy, whenever the fact doesn't constitute
crime.
and) to Carry out, with I encourage of lucre, the foreseen infraction
in the letter d) of the section 2 of the previous article.
f) to Get married, to simulate affective relationship
similar or to be constituted in legal representative of a
more small, when this behaviors are carried out with spirit
of lucre or with the purpose of obtaining unduly
a residence right, whenever such facts not
constitute crime.
g) to Simulate the labor relationship with a foreigner,
when this behavior is carried out with spirit of lucre or
with the purpose of obtaining rights unduly
recognized in this Law, whenever such facts not
constitute crime.
h) The commission of a third serious infraction always
that in a term of a previous year it had been sanctioned
for two serious lacks of the same nature.
2. They are also very serious infractions:
to) The nonfulfillment of the foreseen obligations
for the transport ones in the article 66, remote 1 and 2.
b) 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 they will be regular those mentioned foreigners.
c) The nonfulfillment of the obligation that you/they have
the transport ones of being taken charge without loss of time
of the foreigner or transported that, for deficiencies
in the documentation before mentioned, don't have been authorized
to enter in Spain, as well as of the transported foreigner
in traffic that has not been transferred to its
destination country or that it had been returned by the authorities
of this, when not authorizing him/her the entrance.
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 the one
transport of this foreigner that will take place
immediately, well by means of the company object of
sanction or, in their defect, by means of another company of
transport, with address to the State starting from the one which
have been transported, to the State that has sent the one
I document of trip with which has traveled or to any
another State where it is guaranteed their admission.
3. Nevertheless that prepared in the previous sections,
it won't be considered infraction to the present Law the one
made of transporting until the Spanish frontier to a
foreigner that, having presented their application immediately
of international protection, this is admitted him/her
to step, of conformity with that settled down in the article4.2 of the Law 5/1984, of March 26, modified
for the Law 9/1994, of May 19."
Fifty four. The article 55 are edited
in the following way:
"Article 55. Sanction.
1. The infractions tipificadas in the articles
previous they will be sanctioned in the following terms:
to) The light infractions with ticket of up to 500
euros.
b) The serious infractions with ticket of 501 until10.000 euros. In the supposition contemplated in the article53.2.a) of this Law, besides the suitable sanction, the one
manager will also be forced to finance the costs
derived of the trip.
c) The very serious infractions with ticket from10.001 until 100.000 euros, except the one foreseen in the one
article 54.2.b) that will be it with a ticket of 5.000 to10.000 euros for each transported traveler or with a
minimum of 750.000 euros to so much run off with, with independence
of the number of transported travelers. The one foreseen
in the article 54.2.a) in connection with the article 66.1
it will be it with a ticket of 10.001 until 100.000 euros
for each trip carried out without having communicated the data
of transported people or there being them official statement
incorrectly, with independence that the Authority
governmental it can adopt the immobilization,
seizure and seizure of the mean of transport, or the
provisional suspension or retreat of the authorization of
exploitation.
2. The imposition of the sanctions for the infractions
office workers settled down in the present
Organic law will correspond the Subdelegate of the one
I govern or to the Government's Delegate in the Communities
Autonomous uniprovinciales. When one
Autonomous community has attributed competitions
as regards initial authorization of work of
foreigners the imposition of the established sanctions
in this Law in the infraction suppositions to that
he/she refers the following paragraph it will correspond to the
Autonomous community and it will be exercised by the Authority
that the same one determines, inside the environment of
their competitions.
In the qualified suppositions as light infraction
of the article 52 c), serious of the article 53.1.b), 52 d),
and 53.2.a) and b), and very serious of the article 54.1.d), the procedure
sancionador will begin for records of the Inspection
of Work and Social security, of agreement with
that settled down in the procedure sancionador for
infractions of the social order, corresponding the imposition
of the sanctions to the authorities referred in the one
previous paragraph.
In the participation suppositions in activities
contrary to the national security or that they can harm
the relationships of Spain with other countries, foreseen
in the article 54.1.a), in accordance with that settled down
in the procedure sancionador that is determined
reglamentariamente, the competition sancionadora
it will correspond the Secretary of State of Security.
3. For the graduation of the sanctions, the organ
competent in imposing them it will be adjusted to approaches of proportionality,
valuing the grade of guilt and, in
their case, the produced damage or the derived risk of the
infraction and their transcendency.
4. For the determination of the quantity of the sanction
one will keep especially in mind the capacity
economic of the offender.
5. Unless they not belong at a third responsible
of 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 they are, have served as instrument for the commission
of the mentioned infraction.
In order to guarantee the effectiveness of the forfeit, those
goods, effects and instruments to that he/she refers the section
previous they will be able to be apprehended and positions to disposition
of the governmental authority, from first o'clock
interventions, to you are of the file sancionador
that it will solve the pertinent thing in connection with the goods
confiscated.
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.
7. (New.) If the one sanctioned by an infraction
foreseen in the articles 53.2.d) or 54.1.d) of this Law
it was subcontractor of another company, the contractor
main, and all the intermediate subcontractors
that they knew that the sanctioned company used
to foreigners without having the corresponding one
authorization, solidariamente will respond, so much of
the economic derived sanctions of the sanctions
as of the derived other responsibilities of
such facts that correspond the manager with those
Public administrations or with the worker. The
contractor or subcontractor intermissions won't be able to
to be considered responsible if they had respected
the due diligence defined in the execution of
their contractual obligations."
Fifty five. The article 57 are edited
in the following way:
"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 53.1 of this Organic Law,
it will be been able to apply, in attention at the beginning of proportionality,
instead of the ticket sanction, the expulsion
of the Spanish, previous territory the procedure of the corresponding one
administrative file and by means of the
motivated resolution that it values the facts that configure
the infraction.
2. Also, it will constitute expulsion cause, previous
procedure of the corresponding file that the one
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 antecedents
prisons had been canceled.
3. In any case they will be been able to impose jointly
the expulsion sanctions and it fines.
4. The expulsion will bear, in any event, the extinction
of any authorization to remain legally
in Spain, as well as the file of any procedure
that he/she had for object the authorization for
to reside or to work in the expelled foreigner's Spain.
Nevertheless, the expulsion will be been able to revoke in the suppositions
that reglamentariamente is determined.
In the case of the infractions foreseen in the letters to)
and b) the article 53.1 of this Law, unless they converge
reasons of public order or of national security, if the one
foreigner was regular of a residence authorization
valid sent by another State member, you him
he/she will notice, by means of diligence in the passport, of the
obligation of going immediately to the territory of
this State. If doesn't complete that warning it will be processed
the expulsion file.
5. The expulsion sanction won't be able to be imposed,
unless the made infraction is the one foreseen in the one
article 54, letter to) of the section 1, or suppose a repetition
in the commission, in the term of one year, of
an infraction of the penalizable same nature with
the expulsion, to the foreigners that are in those
following suppositions:
to) The born ones in Spain that you/they have resided
legally in the last five years.
b) The residents of long duration. Before
to adopt the decision of the expulsion of a resident of
it releases duration, he/she will take in consideration the one
time of their residence in Spain and the created bonds,
their age, the consequences for the interested one and
for the members of their family, and the bonds with the one
country to which will be expelled.
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.
Neither one will be able to impose or, in their case, to execute
the expulsion sanction to the foreigner's spouse
that it is in some of the situations
signal previously and that it has resided legally
in Spain during more than two years, neither to their
ascendancy and more small, or bigger children with discapacidad
that they are not objectively able to provide
to their own necessities due to their state of
health that you/they are to their position.
6. The expulsion won't be able to be executed when
this conculcase the non refund principle, or affect
to the pregnant women, when the measure can
to suppose a risk for the gestation or the health of the
mother.
7.a) When the foreigner is processed
or imputed in a judicial procedure by crime or
it lacks for the one that the Law foresees an exclusive pain of
inferior freedom to six years or a pain of different nature,
and consist this fact credited in the file
administrative of expulsion, in the briefest term
possible and in any event non superior to three days, the Judge,
previous audience of the Fiscal Ministry, will authorize it
unless, in a motivated way, appreciate the existence of
circumstances that justify their denial.
In case the foreigner is subject to
penal several processes processed in diverse tribunals,
and consist these facts credited in the file
administrative of expulsion, the governmental authority
it will urge of all them the authorization to that he/she refers the one
previous paragraph.
b) nevertheless that pointed out in the paragraph to) previous,
the judge will be able to authorize, to instances of the interested one
and previous audience of the Fiscal Ministry, the exit of the one
foreigner of the Spanish territory in the form that determines
the Law of Criminal Prosecution.
c) Not they will be of application the contained forecasts
in the previous paragraphs when it is about crimes
tipificados in the articles 312.1, 313.1, 318 bis of the one
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, 517 and 518 of the Code
Penal, 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
against the same one they can intervene, organ before the one
that they had to show up and term to present them.
10. In the supposition of a resident's expulsion of
it releases duration of another State member of the Union
European that is in Spain, this expulsion
it will only be been able to make outside of the territory of the Union
when the made infraction is one of those foreseen
in the articles 53.1.d) and f) and 54.1.a) and b) of this Law
Organic, and it will be consulted in this respect to the competent Authorities of this State form member
previous to the adoption of that expulsion decision. In
case of not meeting these requirements so that the expulsion
be carried out outside of the territory of the Union, the same one
it will be made to the State member in which was recognized
the residence of long duration."
Fifty six. The article 58 are edited
in the following way:
"Article 58. Effects of the expulsion and refund.
1. The expulsion will take I get the prohibition of
entrance in Spanish territory. The duration of the prohibition
it will be determined in consideration to the circumstances
that they converge in each case and their validity won't exceed
of five years.
2. When the expulsion has been imposed for
the commission of the infractions foreseen in the letters
to) or b) of the section 1 of the article 53, the duration of
the prohibition will be determined in consideration to those
circumstances that converge in each case and its
validity won't exceed of five years.
This term will be been able to enlarge until the maximum
foreseen in the previous section, when the foreigner
suppose a serious threat for the public order, the
public security, the national security or for the health
public.
In the circumstances that reglamentariamente is determined,
the competent authority won't impose
the entrance prohibition when the foreigner had
abandoned the national territory during the procedure
of a file administrative sancionador for some
of the suppositions contemplated in the letters to) and b)
of the article 53.1 of this Organic Law, or it will revoke the
entrance prohibition imposed by the same ones
you cause, when the foreigner abandoned the territory
national in the term of voluntary foreseen execution
in the expulsion order.
3. Not it will be precise expulsion file for the
the foreigners' refund 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 one
country.
4. In the supposition that an application is formalized
of international protection for people that you
find in some of the suppositions mentioned in
the previous section, 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 protection
international.
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.
5. The refund will be agreed by the authority
governmental competent for the expulsion.
6. When the refund you could not execute in
the term of 72 hours, will be requested of the judicial authority
the internamiento measure foreseen for the files
of expulsion.
7. The refund agreed in the paragraph to) of the one
remote 3 of this article will bear the reiniciación of the one
computation of the term of entrance prohibition that there is
agreed the resolution of smashed expulsion.
Also, all refund agreed in application of the one
paragraph b) of the same section of this article it will take
I get the entrance prohibition in Spanish territory
for a three year-old maximum term."
Fifty seven. The article 59 are edited
in the following way:
"Article 59. Collaboration against organized nets.
1. The foreigner that is abnormally in
Spain and be victim, harmed or witness of an act of
human beings' illicit traffic, illegal immigration,
labor exploitation or of illicit traffic of manpower
or of exploitation in the prostitution abusing of their situation
of necessity, he/she will be able to be exempt of responsibility
administrative and it won't be expelled if it denounces to
the authors or cooperative of this traffic, or it cooperates and
it collaborates with the competent authorities, providing
essential data or testifying, in their case, in the one
I process corresponding against those authors.
2. The competent taken charge administrative organs
of the instruction of the file sancionador
they will inform the interested person on the forecasts
of the present article so that he/she decides if he/she wants
to be welcomed to this road, and they will make the opportune proposal to the
authority that should solve that he/she will be able to grant one
provisional authorization of residence and work to
the foreigner's favor, according to the foreseen procedure
reglamentariamente.
The instructor of the file sancionador will inform
of the performances in connection with this section
to the authority in charge of the instruction of the one
penal procedure.
3. To the foreigners that have been exempt of
administrative responsibility will be been able to facilitate, to its
election, the return attended their origin country or the
residence authorization and work for circumstances
exceptional, and facilities for their social integration,
in accordance with that settled down in the present Law veiling,
in their case, for their security and protection.
4. When the Fiscal Ministry has knowledge
that a foreigner, against which one has been dictated
expulsion resolution, appear in a procedure
penal as victim, harmed or witness and consider
indispensable their presence for the practice of diligences
judicial, it will show it to the authority
governmental competent so that it values the nonperformance
of their expulsion and, in the supposition that has been executed
this last, you will come from equal it forms to those
effects that it authorizes their return to Spain during the one
necessary time to be able to practice the diligences
precise, without damage that some can be adopted
of the measures foreseen in the Organic Law
19/1994, of December 23, of protection to witnesses and
experts in causes criminals.
5. The forecasts of the present article will be
equally of application to foreigners smaller than
age, should be kept in mind in the procedure
the age and maturity of these and, in any event, the prevalencia
of the principle of the minor's superior interest.
6. Reglamentariamente will be developed the conditions
of collaboration of the non government organizations
without spirit of lucre that you/they have for object the
protection and the victims' of the crimes reinserción
pointed out first in the section."
Fifty seven bis (new). An article is added
59 bis new with the following writing:
"Article 59 bis (new). Victims of it treats her
of human beings.
1. The competent authorities will adopt those
necessary measures for the identification of the victims
of it is her about people according to that foreseen
in the article 10 of the Agreement of the Council of Europe
on the fight against it is her about human beings,
of May 16 of 2005.
2. The administrative competent organs
for the instruction of the file sancionador,
when they estimate that reasonable reasons exist for
to believe that a foreign person in irregular situation
he/she has been victim of it is about human beings,
they will inform the interested person on the forecasts
of the present article and they will rise to the authority
competent for their resolution the opportune proposal
on the concession of one period of
reestablishment and reflection, of agreement with the procedure
foreseen reglamentariamente.
This period of reestablishment and reflection
he/she will have a duration of, at least, thirty days, and
it will be enough so that the victim can decide
if he/she wants to cooperate with the authorities in the investigation
of the crime and, in their case, in the procedure
penal. During this period, he/she will be authorized the
temporary stay and the file will be suspended
administrative sancionador that had been filed
or, in their case, the execution of the expulsion or refund
possibly agreed. Also, during
the one mentioned period the competent Administrations
they will look after the subsistence and, of being necessary,
the security and the interested person's protection.
3. The period of reestablishment and reflection
it will be been able to refuse or to be revoked by reasons of
public order or when one has knowledge of
that victim's condition is invoked in way
undue.
4. The competent authority will be able to declare to
the exempt victim of administrative responsibility
and he/she will be able to facilitate him/her, to their election, the attended return
to their origin country or the residence authorization
and I work for exceptional circumstances
when it considers it necessary because of their cooperation
for the investigation ends or of the actions
penal, or in attention to their personal situation, and
facilities for their social integration, of agreement
with that settled down in the present Law. Also, in
so much be solved the authorization procedure
of residence and work for exceptional circumstances,
he/she will be been able to facilitate a provisional authorization
of residence and work in the terms that you
determine reglamentariamente."5. The forecasts of the present article will be
equally of application to foreign people
minors, should be kept in mind the
age and maturity of these and, in any event, the prevalencia
of the minor's superior interest.
6. Reglamentariamente will be developed those
conditions of collaboration of the organizations
not government without spirit of lucre that you/they have
for object the protection and the victims' reinserción
of it is her about human beings.
Fifty eight. The article 60 are edited
in the following way:
"Article 60. Effects of the entrance denial.
1. The foreigners to those that in frontier you them
refuse the entrance according to that foreseen by the article 26.2
of this Law, they will be forced to return to their point of
origin.
The resolution of the entrance denial will bear
the immediate adoption of the necessary measures for
that the foreigner returns in the briefer possible term.
When the return will be delayed more than seventy two
hours, the authority that had refused the entrance you
it will direct to the Judge of Instruction so that it determines the place
where they must be interned until that moment.
2. The internamiento places for foreigners
they won't have penitentiary character, and they will be endowed with
social, juridical, cultural services and sanitariums. Those
foreigners boarding schools will only be deprived of the one
ambulatory right.
3. The foreigner during his internamiento will be
in all moment to disposition of the authority
judicial that authorized it, should communicate to this
for the governmental authority any circumstance in
relationship to the situation of the foreigners boarding schools.
4. The detention of a foreigner to effects of proceeding
to the return as a consequence of the denial of
entrance will be communicated to the Ministry of External Matters
and to the embassy or consulate of their country."
Fifty eight bis (new). One is added
new letter f) to the section 1 of the article 61:
"f) Any other precautionary measure that the judge
estimate appropriate and enough."
Fifty nine. The article 62 are edited
in the following way:
"Article 62. I enter in internamiento centers.
1. Inchoate the file for some of the suppositions
contemplated in the letters to) and b) of the article 54.1,
in the letters to), d) and f) of the article 53.1 and in the article57.2 of this Organic Law in which can intend
expulsion of the Spanish territory, the instructor will be able to
to request the Judge of competent Instruction that prepares
the foreigner's entrance in an internamiento center
as long as he/she is carried out the procedure of the file
sancionador.
The Judge, previous audience of the interested one and of the Ministry
Fiscal, it will solve by means of motivated car, in the one
that, in accordance with the principle of proportionality,
he/she will take in consideration the concurrent circumstances
and, especially, the nonappearance risk for
to lack home or of documentation identificativa,
the performances of the foreign tendentes to hinder
or to avoid the expulsion, as well as the existence of condemnation
or administrative previous sanctions and of other processes
penal or procedures administrative sancionadores
slopes. Also, in the event of illness
serious of the foreigner, the judge it will value the risk of the one
internamiento for the public health or the health of the one
own foreigner.
2. The internamiento will stay for the time
indispensable for the ends of the file, being its
maximum duration of 60 days, and without he/she can remember
a new internamiento for anyone of the causes
foreseen in oneself file.
3. The Judge, to instances of the Instructor of the file,
he/she will be able to suspend the computation of the signal terms
in this article in the following suppositions:
to) When the foreigner requests international protection
and exclusively while their procedure lasts
and resolution for a term of fourteen days that
it will be authorized by judicial car in the same ones
condition that the initial internamiento. In front of this
resolution won't fit resource some.
b) until he/she is solved the admission of Habeas
Corpus, according to the terms foreseen by the Organic Law
6/1984, of May 24, Reguladora of the Procedure
Hábeas Corpus.
4. When they have stopped to be completed the conditions
described in the section 1, the foreigner will be
position immediately in freedom for the authority
administrative that has it to their position, putting it in
knowledge of the Judge that authorized their internamiento.
In the same way and for the same causes, he/she will be able to be
orderly the end of the internamiento and the setting in freedom
immediate of the foreigner for the Judge, of occupation or to initiative
of part or of the Fiscal Ministry.
5. Not he/she will be able to remember the entrance of smaller in
the internamiento centers, without damage of that foreseen
in the article 62 bis i) of this Law. The minors
not accompanied foreigners that are in
Spain will be put to disposition of the entities
public of minors' protection it conforms he/she settles down
the Organic Law of Artificial Protection of the Minor and of
agreement with the norms foreseen in the article 35
of this Law.
6. The incoación of the file, the precautionary measures
of detention and internamiento and the final resolution
of the file of the foreigner's expulsion they will be communicated
to the Ministry of External Matters and the
embassy or consulate of their country.
7. To the effects of the present article, the competent Judge
to authorize and, in their case, to leave without effect the one
internamiento will be the Judge of Instruction of the place
where he/she is practiced the detention. The competent Judge
for the control of the stay of the foreigners in
the Centers of Internamiento and in the Rooms of Inadmisión
of opposite, he/she will be the Judge of Instruction of the place
where they are located, should be designated a concrete
Tribunal in those judicial parties in those
that they exist several. This Judge will know, without ulterior
resource, of the petitions and complaints that outline those
internal as soon as they affect to their fundamental rights.
Equally, he/she will be able to visit such centers
when he/she knows some serious nonfulfillment or when
consider it convenient."
Sixty. The article 62 bis are edited of the
following way:
"Article 62 bis. The foreigners' rights
boarding schools.
1. The centers of foreigners' internamiento
they are non penitentiary public establishments of character;
the entrance and stay in the same ones will have
only preventive and preventive purpose, safeguarding
the rights and freedoms recognized in
the juridical classification, without more limitations than
the established ones to their ambulatory freedom, as
to the content and purpose of the judicial measure of
I enter agreed. In particular, the subjected foreigner
to internamiento he/she is entitled the following:
to) to be informed of their situation.
b) TO that is veiled by the respect to their life, integrity
physics and health, without they can in any case to be
subjected to degrading treatments or bad treatments by word of mouth
or of work and to that is preserved their dignity and its
intimacy.
c) TO that the exercise of the rights is facilitated
recognized by the juridical classification, without more limitations
that those derived of their internamiento situation.
d) to receive medical and sanitary appropriate attendance
and to be attended by the services of social attendance
of the center.
and) TO that communicates to the person immediately
that it designates in Spain and to their lawyer the entrance in
the center, as well as to the consular office of the country of the one that
it is national.
f) to be attended of lawyer that will be provided
of occupation in their case, and to communicate privately
with the same one, even outside of the general schedule of the center,
when the urgency of the case justifies it.
g) to communicate in the schedule settled down in the one
I center, with their relatives, consular officials of
their country or other people that will only be been able to restrict
for judicial resolution.
h) to be attended of interpreter if he/she doesn't understand or
he/she doesn't speak Castilian and in a gratuitous way, if lacks of
economic means.
i) to have in their company to their smaller children,
whenever the Fiscal formless Ministry favorably
such a measure and exist in the center modules that
guarantee the unit and family intimacy.
j) to enter in contact with non government organizations
and national, international organisms and
not government of immigrants' protection."2. The centers will have services of attendance
social and sanitary with enough endowment. Those
condition for the benefit of these services you
they will develop reglamentariamente.
3. The organizations constituted legally in
Spain for the defense of the immigrants and the organisms
international pertinent they will be able to visit those
internamiento centers; reglamentariamente you
they will develop the conditions of the same ones.
Sixty and one. The article 62 ter is edited
in the following way:
"Article 62 ter. The foreigners' boarding schools duties.
The subjected foreigner to internamiento will be forced:
to) to remain in the center to disposition of the one
Judge of Instruction that authorized hubiere their entrance.
b) to observe the norms for those that the one is governed
I center and to complete the general imparted instructions
for the address and the matters that you/they receive from those
officials in the legitimate exercise of their functions,
guided to the maintenance of the order and the security
inside the same one, as well as the relative ones to their own one
I clean and hygiene and the cleaning of the center.
c) to maintain a civic correct activity and of
I respect with the officials and employees of the center,
with the visitors and with the other foreigners boarding schools,
abstaining from uttering insults or threats against
the same ones, or of to promote or to intervene in aggressions,
you fight, disorders and individual other acts or
collective that alter the coexistence.
d) to conserve the good state of the facilities
materials, furniture and other effects of the center, avoiding
the deterioration or deliberate inutilización, so much of
these eat of the goods or belongings of the other ones
entered foreigners or officials.
and) to undergo medical recognition to the
entrance and exit of the center, as well as in those cases
in that, for reasons of collective health, appreciated for
the medical service, and at the request of this, prepare it the one
director of the center."
Sixty two. The article 63 are edited of
the following way:
"Article 63. Preferable procedure.
1. Inchoate the file in which can intend
the expulsion to be about one of the suppositions
contemplated in the article 53.1 d) 53.1 f) 54.1 to)54.1 b), and 57.2, the procedure of the same one will have character
preferable.
Equally, the preferable procedure will be applicable
when, being about the infractions foreseen in
the letter to) of the paragraph 1 of the article 53, some was given
of the following circumstances:
to) nonappearance risk.
b) the foreigner avoided or hinders the expulsion,
without damage of the performances in exercise of
their rights.
c) the foreigner represents a risk for the one
public order, the public security or the security
national.
In these suppositions it won't fit the concession of the period
of voluntary exit.
2. During the procedure of the preferable procedure,
as well as in the phase of execution of the expulsion
that has relapsed, they will be been able to adopt the measures
preventive and the internamiento settled down in those
articles 61 and 62.
3. The right will be guaranteed from the foreigner to attendance
literate that will be provided of occupation, in its
case, and to be attended by interpreter, if he/she doesn't understand or
he/she doesn't speak Castilian, and in a gratuitous way in the case of
that lacks economic means.
4. Initiate the file, transfer will be given to the interested one
of the properly motivated initiation agreement
and in writing, so that he/she alleges what considers appropriate,
in the term of 48 hours, noticing him/her of the consequences
of not making this way it.
5. If the interested one, or his representative, doesn't make
allegations neither carries out test proposition
on the content of the initiation agreement, or if not you
admits, for unfounded or unnecessary, in way
motivated, for the instructor the proposed tests, without
to change the qualification of the facts, the initiation agreement
of the file it will be considered as proposal
of resolution with remission to the competent authority
to solve.
Of being considered the test proposition, this he/she will be carried out
in the maximum term of three days.
6. In the supposition of the letters to) and b) of the paragraph 1
of the article 53 when the foreigner credits to have requested
previously authorization of temporary residence
according to that prepared in the article 31.3 of this
Law, the organ in charge of processing the expulsion will suspend
the same one until the resolution of the application,
proceeding to the continuation of the file in
case of denial.
7. The execution of the expulsion order in those
suppositions foreseen in this article will be made of
it forms immediate."
Sixty three. A new article is introduced 63.
bis that it is edited in the following way:
"Article 63.bis. Ordinary procedure.
1. When the expulsion is processed for suppositions
different to those foreseen in the article 63 the procedure
to continue it will be the ordinary one.
2. The resolution in that the processed expulsion is adopted
by means of the ordinary procedure it will include a
term of voluntary execution so that the interested one
abandon the national territory. The duration of having said
term will oscillate between seven and thirty days and it will begin to
to count from the moment of the notification of the one mentioned
resolution.
The term of voluntary execution of the order of
expulsion will be been able to continue during a prudential time
in attention to the circumstances that converge in
each concrete case, like they can be, the duration of the
stay, to be in charge of children escolarizados or the existence
of other family and social bonds.
3. So much in the phase of procedure of the procedure
as during the term of voluntary execution,
it will be been able to adopt some or some of the precautionary measures
settled down in the article 61, except that of internamiento
foreseen in the letter and)."
Sixty four. The article 64 are edited
in the following way:
"Article 64. Execution of the expulsion.
1. Expired the term of voluntary execution
without the foreigner has abandoned the territory
national, you will proceed to their detention and conduction
until the position of having left by the one that should be made 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 the period settled down in
the article 62 of this Law.
2. So much in the suppositions of extension of the term of
voluntary execution as of postponement or suspension
of the execution of the expulsion, what will be credited
in document properly notified to the interested one,
one will keep in mind the guarantee for the foreigner
affected of:
to) The maintenance of the family unit with those
members that are in Spanish territory.
b) The benefit of sanitary attention of urgency
and basic treatment of illnesses.
c) The access for the minors, in function of the
duration of their stay, to the basic education system.
d) The special necessities of vulnerable people.
3. The execution of the expulsion resolution you
it will make, in their case, to the employer's coast that there was
been sanctioned by the infractions foreseen in the one
article 53.2 to) or 54.1 d) of this Law or, in the rest of
the suppositions, to the foreigner's coast if tuviere means
economic for it. Of not being given none of this
condition, he/she will communicate to the diplomatic representative
or consular of their country, to the opportune effects.
4. When a foreigner is stopped in territory
Spanish and it is verified that against him one has been dictated
expulsion resolution for a State member of the
European Union, you will proceed to execute immediately
the resolution, without necessity of filing new file
of expulsion. One will be able to request the authorization
of the instruction Judge for their entrance in a center of
internamiento, with the purpose of assuring the execution of the
expulsion sanction, of agreement with that foreseen in the
present Law.
5. The execution of the resolution will be suspended of
expulsion when a protection petition is formalized
international, until there is you inadmitido to step
or resolved, according to that prepared in the normative one
of international protection.
6. Not it will be necessary the file incoación of
expulsion:
to) to proceed to the transfer, escorted by officials,
of the applicants of international protection
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 (RCL 1984 843), 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.
b) to proceed to the transfer, it escorts for officials,
maintenance, or reception, guards and transmission
of trip documents, of the foreigners that carry out
a traffic in Spanish territory, requested by a State
member of European Union, to repatriation effects
or estrangement by air."
Sixty five. The second paragraph of the section 1
of the article 66 are edited in the following way:
"The information will be transmitted by telematic means,
or, if it was not possible, for any other one
half appropriate, and it will be understanding of the name and last names
of each passenger, of their date of birth,
nationality, passport number or of the document of
travel that it credits their identity and type of the same one, step
border of entrance, code of transport, hour of exit
and of arrival of the transport, people's total number
transported, and initial place of shipment. The authorities
in charge of the entrance control they will keep those
data in a temporary file, erasing them after the entrance
and in a term of twenty-four hours from their communication,
except for necessities in the exercise of their functions.
The transport ones will have informed of this procedure
to the passengers, being forced to erase
the data in the same term of twenty-four hours."
Sixty six. The article 68 are edited of
the following way:
"Article 68. Coordination of the Administrations
Public.
1. The Sectoral Conference of Immigration is the one
organ through which will make sure the appropriate coordination
of the performances that develop the Administrations
Public as regards immigration.
2. The Autonomous Communities that assume
executive competitions in the concession of the authorization
work initial, they will develop them in necessary
coordination with the state competitions in
alienage matter, immigration and authorization of
residence, so that the equality is guaranteed in the
application of the normative one of alienage and immigration
in the whole territory, the velocity of the procedures
and the exchange of information among the Administrations
necessary for the development of their respective ones
competitions. The coordination will be carried out
preserving the autoorganización capacity of
each Autonomous Community as well as their own system
of territorial decentralization.
3. (New.) With character it foresaw to the concession
of authorizations for I root, the Communities
Autonomous or, in their case, the City councils, will emit
a report on the foreigner's social integration
whose habitual home is in its territory.
Reglamentariamente will be determined those
contents of this report. In any event, the report
he/she will keep in mind the period of permanency, the
possibility to have housing and means of life,
the bonds with family residents in Spain, and
the integration efforts through the pursuit
of programs of insert sociolaborales and cultural.
4. (New.) The Autonomous Communities that
have assumed competitions as regards security
citizen and public order by means of the creation
of an own police, they will be able to contribute, in their case,
a report on affectation to the public order in
all the procedures of residence authorization
or their renovation, referred to foreigners that you
they find in Spain, in those that the necessity is foreseen
of governmental report. Such a report will incorporate
to the file the same as the one that, in their case,
contribute the Forces and Bodies of Security of the one
State in the exercise of their competitions on
public security.".
Sixty seven. The section 1 of the article 70 are
edited in the following way:
"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 other organizations
with interest and installation in the migratory environment,
including among them to the union organizations and
managerial more representative, it constitutes the organ
of consultation, information and advice as regards
the immigrants' integration."
Sixty eight. A new article is introduced 72,
that it is edited in the following way:
"Article 72. Labor Tripartite Commission of
Immigration.
1. The Labor Tripartite Commission of Immigration
it is the collegiate organ attributed to the competent Ministry
as regards immigration, of which you/they are part those
union and managerial more representative organizations.
2. The Labor Tripartite Commission of Immigration
it will be informed on the evolution of the movements
migratory in Spain and, in any event, it will be consulted
on the proposals of Catalog of occupations of
difficult covering, those foreseen in the article 39 of this
Law and those of season workers' recruiting
that they are determined.
3. By means of Ministerial Order its will be determined
composition, form of appointment of their members,
competitions and operation régime."
Sixty nine. He/she modifies the section 2 and you
it introduces a section 3 in the additional disposition first
with the following writing:
"2. The applications of extension of the authorization
of residence, the renovation of the authorization
of work, as well as the authorization applications
of residence of long duration that you/they are formulated
for the interested ones to tenor of that prepared in the present
Organic law will be solved and they will notify in the one
maximum term of three counted months starting from the one
following day to that of the date in that you/they have had
entrance in the registration of the competent organ for
to process them. This lapsed term without the
Administration has given expressed answer, you
he/she will understand that the extension or renovation have been
granted.
3. The applications of modification of the limitation
territorial or of occupation of the initial authorizations
of residence and work they will be solved and they will notify for the
autonomous or state competent administration in
the maximum term of one month. This lapsed term
without the Administration has given expressed answer,
he/she will understand each other that the application has been granted."
Seventy. The section 1 of the additional disposition
third are edited in the following way:
"1. When the legitimated fellow is in
Spanish territory will present those personally
relative applications to the residence authorizations and
of work in the registrations of the competent organs
for their procedure. Equally, in the procedures
in those that the legitimated fellow was an employer, those
applications will be able to be presented by this, or for the one who
validly show the legal managerial representation.
Reglamentariamente will be able to settle down exceptions to
the presentation before the competent organ for their procedure
or to the necessity of personal presentation of applications.
"
Seventy and one. The section 4 of the additional disposition
fourth is edited in the following way:
"4. When it consists an administrative procedure
sancionador against the applicant in which can
to intend the expulsion or when it has been decreed in
against of the same one an expulsion order, judicial or
administrative, unless in this last case the order
of expulsion it had been revoked, or is in
one of the suppositions regulated by the articles 31
bis, 59, 59 bis or 68.3 of this Law."
Seventy two. The disposition additional fifth
it is edited in the following way:
"Disposition additional fifth. Access to the information,
collaboration among public Administrations
and computer management of the procedures.
1. In the execution of the ends that you/they have
commended, and with full respect to the legality
effective, the public Administrations, inside its
environment competencial, they will collaborate in the surrender of data
relative to people that are considered interested
in the procedures regulated in this Organic Law
and their development norms.
2. For the exclusive purpose of executing those
performances that the organs of the General Administration
of the competent State in the regulated procedures
in this Organic Law and their development norms
they have commended, the State Agency of Administration
Tributary, the General Treasury of the Security
Social and the National Institute of Statistic, this last
in the relative thing to the Municipal Census of Inhabitants,
they will facilitate to those the shortcut to the files in
those that work data that must consist in this
files, and without it is necessary the consent of
the interested ones, of agreement with the legislation on
protection of data.
3. The procedure of the procedures in matter
of derived alienage of the execution of him
prepared in the present Organic Law, he/she will be carried out
on a computer common application whose installation
and coordination regarding the remaining Departments
implied it will correspond to the Ministry of
I Work and Immigration. This application, guaranteeing
the protection of data of character personnel, will register
the information and relative data to the foreigners and citizens
of European Union residents in Spain and
their authorizations, it will impel the execution of him
settled down by the legislation as regards access
electronic of the citizens to the public services
and it will allow the knowledge, in realtime, of the situation
of the authorization applications regulated in
this Law on the part of the administrative organs that
be competent in each one of the phases of the same one,
as well as their intervention in the phase that relapses inside
of their environment of competitions. Also, the application
computer science will allow the generation of bases of
data statistics for the administrations interveners
for the obtaining of the up-to-date information
and reliable on the relative magnitudes to the immigration
and the alienage.
In execution of that settled down by the normative one
community on the matter, the procedure of
relative procedures to traffic visas and of
stay will be carried out on the computer application
specifically created to the effects, clerk
of the Ministry of External Matters and of Cooperation,
that it will be interconnected with the application
common computer science, in order to that in the database
of last o'clock it consists information on the data of
the requested visas and granted in the Offices
consular or diplomatic Spanish Missions in the one
external.
The Ministry of the Interior, of agreement with their competitions
as regards public order, public security
and national security, will maintain a central Registration
of foreigners. Reglamentariamente, the will settle down
interconnection that, in their case, be necessary for
that in the computer common application it consists the infor
mación that can rebound in the administrative situation
of the foreigners in Spain.
4. When the Autonomous Communities, in the One
environment of their competitions, intervene in some of
the procedures regulated in this Law, it will be guaranteed
that their participation in the computerized procedures
respond to common standards that guarantee
the necessary coordination of the performance of
all the organs administrative interveners.
Equally, the computer common application will give
access to the Autonomous Communities with competitions
as regards work authorization to the
necessary information for the exercise of their competitions,
among the one that will be that relative one
to the concession and extinction of authorizations of
family regrouping granted in their territory
as well as of the discharges in Social security of those
authorizations of work initials granted for
them.
5. The Permanent Observatory of the Immigration
it will join the group of the statistical available information
as regards alienage, immigration, protection
international and nationality, with independence
of the Public Administration, ministerial Department
or Organism responsible for their elaboration, with the
purpose of serving as analysis system and exchange
of the qualitative and quantitative related information
with the migratory movements to the service of those
responsible entities of negotiating the public politicians
in this matters."
Seventy three. The disposition additional sixth
it is edited in the following way:
"Disposition additional sixth. Readmission agreements.
To the foreigners that, by virtue of the agreements that
regulate the readmission of people in irregular situation
subscribed by Spain, they should be given or
correspondents to the countries of those that are national or
from those that have moved until the territory
Spanish, it will be they of application that prepared in those mentioned
agreements and this Law, as well as their normative one of
development."
This agreements will contain clauses of respect
to the human rights by virtue of what you/they settle down
in this matter the treaties and international agreements.
In case the holder of the blue card of
the EU granted in Spain was object of one
repatriation measure in another State member,
to have been extinguished the validity of the authorization
it would originate to remain in this State
or to be refused their application to reside in him, you
it will readmit him/her without necessity of any other formality,
so much to the foreigner as, in their case, to
the members of their previously regrouped family.
Seventy four (new). A new one is added
disposition additional novena with the following writing:
"Disposition additional novena. Authorizations
autonomous of work in origin.
In the mark of the recruiting procedures
collective in origin, the autonomous communities
with executive competitions as regards
work authorizations will be able to establish services
that they facilitate the procedure of the corresponding ones
visas before the Spanish consulates,
as well as to promote the development of programs of
welcome for the foreign workers and their
families."
Seventy five (new): A Disposition is added
final fifth (bis) with the following writing:
"Disposition final fifth (bis). Community code
of visas.
The forecasts of the present Law in matter
of traffic visas and stay they will understand each other without
damage of that settled down in the Regulation (CE)
nº 810/2009, of July 13, for which a settles down
Community code on visas."
Additional Disposition First. Substitution of the term
permanent residence for that of residence of
it releases duration.
All the references to the terms permanent residence
or permanent resident contained in the Classification
juridical they will understand each other referred to the residence
or resident of long duration.
Disposition Additional Segunda. Family regrouping
of Spanish citizens regarding their relatives
national of third countries.
Reglamentariamente will be able to settle down conditions
special more favorable, regarding those foreseen
in this Law, for the family regrouping exercised for
the Spaniards.
Additional Disposition Third. Internamiento régime
of foreigners.
The Government, in the term of six months will approve a
I regulate that will develop the internamiento régime
of the foreigners.
Disposition Additional fourth (new). Modification
of the Organic Law 6/1985, of July 1, of the one
To Be Able to Judicial.
A new section is added 2 to the art. 87 of the Law
Organic 6/1985, of July 1, of the Judicial Power,
that it is edited as it continues:
"2. Also, the instruction tribunals will know
of the authorization of the internamiento of
foreigners in the internamiento centers, this way
as of the control of the stay of these in the same ones
and in the inadmisión rooms of opposite. Also
they will know of the petitions and complaints that outline
the interns as soon as they affect to their rights
fundamental."
Disposition Additional fifth (new). Modification
of the Law, of 8 June of 1957, of the Civil Registration.
A new paragraph is added to the article 63 of the
Law, of 8 June of 1957, of the Civil Registration that is
edited as it continues:
"Article 63.
The concession of nationality for residence you
he/she will make, previous file, for the Ministry of Justice.
The competent authorities for the procedure and
resolution of the applications of acquisition of the nationality
for residence, for the exclusive purpose of
to solve the application presented by the interested one, they will procure
of occupation of the Public competent Administrations
how many inform they are necessary to check
if the applicants gather the demanded requirements
in the article 22 of the Civil Code, without it is necessary the one
consent of the interested ones.
Anyway, the interested one will be able to contribute
a report emitted by the Autonomous Community to
effects of crediting their integration in the society
Spanish."
Derogatory Unique Disposition. Normative repeal.
All the norms are repealed of same or inferior
range in what you/they contradict or they oppose you to this Law.
Final Disposition First. Precepts with character of
Organic Law.
He/she will have organic character the unique article as soon as
affect to qualified precepts as such in the disposition
end fourth of the Organic Law 8/2000.
Disposition Final Segunda. Qualification competencial.
The precepts of the present Law that don't have character
organic, they will understand each other dictations to the help of that prepared
in the article 149.1.1.ª and 2.ª of the Constitution.
Final Disposition Third. Regulation adaptation.
1. The Government, in the term of six months from the
publication of this Organic Law, will dictate how many dispositions
of application and development they are necessary.
2. Reglamentariamente will be regulated the content
of the resolution of the Secretary of State of Immigration
and Emigration, of relative February of 2007, 28
to the agreement for the one that the instructions are approved
for those that the procedure is determined for
to authorize the entrance, residence and work in Spain,
of foreigners in whose professional activity converges
reasons of economic, social or labor interest, or
relative to the realization of investigation works
or I develop or educational that require high qualification,
or of artistic performances of special interest
cultural. This regulation will include to small
and medium companies.
Final Quarter Disposition. Entrance in vigor.
The present Law will go into effect the following day to the one
of their publication in the Official "Bulletin of the State."