Being able to work regularly in Spain is going to be a little easier from now on.
According to official figures, about 5.5 million foreigners, of whom more than a third are from Latin American countries, live in Spain. However, calculating the real number is more difficult.
Many people lost in the maze of bureaucracy vicious circle in which they cannot legally work because they do not have a residence permit, but cannot apply for it because they cannot prove labor relations.
The immigration law reform that the Spanish government just approved and which will be released in mid-August addresses some of these problems, so it not only makes it easier for employers to hire more foreigners directly to their place of origin. would make it easier to do, but rather seeks new formulas so that people who already live in Spain can regulate their condition,
One of the main beneficiaries of the reform will be foreign students enrolled in Spanish centers. Until now, those who had a student visa to study, for example, a degree at a Spanish university, could not work to pay for their studies. New rules allow them Legally work up to 30 hours a week.
In addition, once they complete their studies, they will be able to stay another year in Spain without requesting an extension of their stay.
Nearly one in four foreign undergraduate students in Spain come from Latin American and Caribbean countries, increasing this proportion to about 64% of master’s students and about 53% of doctoral students.
“Before the Reformation, who had a study permit, If it worked he did it randomly and it didn’t make senseGemma Pinyol-Jiménez, director of migration policies at Instrategies, a consultant specializing in mobility, migration and diversity management issues, explains.
The amendment to the law allows conversion of the stay authority into a works authority with certain criteria. And this, the expert believes, is positive not only for these people personally, “but also for the country, as it is a way to guarantee that those who studied and completed the third grade training is- because it is Designed for High Competence-, can access the Spanish labor market”.
Spain wants the talent that has been trained in its universities, in addition to making its higher education centers more attractive and facilitating its internationalization.
implied by the constitution
From now on, those who have stayed in Spain for a period of at least two years will be able to obtain a 12 months residence permit If they commit to regulated training for employment, a figure for which the Spanish government is inspired by an existing model in Germany known as “Duldung”.
“The idea is that people who are in an unregulated position can access the labor market from earlier training. Of course, in areas where it is determined that labor is needed,” Pinyol-Jimenez explains.
Routing by training is combined with two ways by which, until now, foreigners who were already in Spain could regularize their positions.
one is social roots, for which you have to prove three years of residency and in addition, you have a job offer. This contract will no longer have a minimum period of one year, as requested so far, but will have to comply with the minimum inter-professional wage.
second is roots of laborin which it is necessary to demonstrate that there has been an employment relationship, even if the person worked without a contract and was paid, therefore, in black.
“Many people get into a regular position and then let their visa expire to try to enter the labor market. What Reform is trying to do is reduce the space in which people form irregularities. which in the end is a disaster for ourselves, for the economy and for all”, explains the advisor.
rent on original
The hiring of workers in their countries of origin will also be made more flexible.
On the one hand, hiring for seasonal workers has improved. From now on, these workers who go to Spain, for example, will be able to take part in agricultural campaigns, a 4 year license in which they can work for up to 9 months per year, with the obligation to return to their countries after each term.
If these conditions are met, as a “reward”, these employees can apply for a two-year residence and work permit, renewable.
but in addition, seeks to improve what is known List of businesses with tough coverageNamely, a list of occupations for which employers have difficulty finding employees and which allow them to hire professionals at source.
“It’s such an unrealistic system that, over the years, the list has told you that Spain needs a football coach,” jokes Gemma Pinyol-Jiménez. Listed only in Spain, except for coaches Merchant ship personnel, coaches and professional athletes.
The reform is going to take a more realistic picture of the labor market, which will be updated every three months.
One of the great innovations of the Reformation, and which would mean a great improvement to the lives of many foreign families in Spain, is that which deals with family reunification.
Upon obtaining a residence permit, family members will also receive self-employed work authority, “Till now, these people used to get a residence permit, but they had to wait to get a work permit, whereas with the changes, when the family reunification is renewed, the work permit will be obtained,” the advisory says. Huh.
“The system is so crazy that it condemned people to a bad life when they could do things,” condemned Pinyol-Jimenez, a procrastinator, related to the Catalog of Occupations with Difficult coverage. “An attempt was made to maintain and respect the reality of the Spanish labor market, but this was done with a device that produced an unrealistic X-ray of reality.”
Family reunification requirements are made more flexible when they are affected by minors, people with disabilities or in situations of vulnerability.
In addition to these four points, the requirements for seeking amendments to the immigration law have also been rationalised. Self employed from third countries, and forms a unit for the processing of immigration files, of a sort”Window Only“To expedite and facilitate the processes.
“The border obsession has consumed all public debate on migration issues. This is the first time in years that we are talking about reforms that have nothing to do with borders,” says the expert.