The Council of Ministers has approved, at the proposal of the Ministry of Inclusion, Social Security and Migration, a Royal Decree reforming the regulations of the Organic Law on Immigration. It aims to improve the Spanish migration model and its procedures. The current migration model consists of slow and inadequate procedures that generate prolonged periods of irregularity. This problem generates high social and economic costs.
The 3 main purposes of the reform of the immigration regulations.
- Promote the incorporation into the labor market of people who are in Spain.
- Strengthen regular migration channels.
- Improve the management system.
Incorporation into the labor market of people who are in Spain.
For this purpose, 3 important modifications are made:
Promote student stay
This is achieved by increasing the possibilities of working and this attracts the international talent.
It allows students to combine work and studies if they are compatible with their studies and do not exceed 30 hours per week.
A noteworthy novelty is the elimination of restrictions for students to enter the labor market once they have finished their studies. (Until now, a minimum stay of 3 years was required to obtain a work permit.)
Update of the figures of rootedness and regrouping
Secondly, the figures of rootedness and family regrouping are updated. In the case of labor roots, the pre-existing figure is limited for people who are in an irregular situation, but have carried out an employment activity in a regular situation during the last two years. A new type of authorization is created to promote the figure of the confidant fighting against the underground economy, by means of the accreditation of 6 months of irregular work.
Regarding the social roots, the contract submitted to request the authorization will not be assessed by its duration, but by its adequacy to the Minimum Interprofessional Wage (SMI). In addition, this may be less than a minimum of 20 hours in cases where it is proven to have minors in charge.
The reform also offers the possibility of presenting several contracts.
Regarding family regrouping, the reform creates a specific regime for the family members of Spanish citizens who wish to keep their family unit in Spain. The requirements for reunification are made more flexible in the case of minors, people with disabilities or in situations of vulnerability.
Rootedness for training
Thirdly, the reform includes a new concept of rootedness for training, which grants a residence permit for a period of 12 months to foreigners who have been in Spain continuously for a minimum period of two years if they commit to carry out formal training for employment. The figure, inspired by the German «duldung», can be extended for another 12 months.
Improvements in controlled migration and its management
Regarding measures to strengthen regular migration, the regulation incorporates three major innovations:
- Rationalization of the requirements for self-employed workers from third countries.
- Improvement of the hiring procedures at origin through the automatic incorporation of the Catalog of Difficult-to-Fill Employments of those activities belonging to the economic sectors to be determined by agreement of the Delegate Commission for Economic Affairs proposed by the Ministry of Inclusion and a reduction of deadlines.
- The regulation also improves the circular migration model, providing greater stability for workers and companies and reducing administrative charges. The authorizations will be multiannual and will enable to work 9 months a year during a period of 4 years. The model will be used in any sector with a deficit of workers.
Through the reduction of charges and the creation of the Unit for the Processing of Alien Affairs Files (UTEX), It incorporates improvements in administrative management. In this way, procedures are streamlined, progress is made towards simplification and the application of immigration regulations is homogenized in all territories. In addition, the reform also introduces improvements in processes at the Consular Offices.
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