The Government of Spain improves the social and labour integration of migrants

Moncloa Palace, Madrid

The Minister for Inclusion, Social Security and Migration, Elma Saiz, together with the Minister for Education, Vocational Training and Sports, Pilar Alegría, during the press conference after the Council of Ministers (Pool Moncloa / Jose Manuel Álvarez)

The Council of Ministers has approved the new Regulation on Foreigners, defined by the Minister for Inclusion, Social Security and Migration, Elma Saiz, as the "most ambitious and comprehensive reform" of this regulation since it came into force 13 years ago. Saiz emphasised that the text has satisfactorily passed exhaustive and complex procedures, including the public hearing and that of the Council of State. "This is a rigorous and decisive standard for transforming our country for the better," she said after the Council meeting.

The minister recalled that Spain has 7 million foreigners with valid residency documents, "which makes it essential to have an appropriate regulatory framework that responds effectively to their situations and special needs." The number of foreign contributors to the Social Security system is now 2.9 million, 13.6% of the total number of affiliates, two points higher than two years ago. Moreover, they represent 16% of all self-employed workers.

"We are a pole of attraction for investment, talent and economic growth," said Elma Saiz, who defended a policy focused on integration and inclusion and on "combating catastrophism with accurate information." To make Spain "a completely open and prosperous country", he added, it is necessary to fight against labour and educational discrimination against the foreign population, which causes the Spanish economy losses of 17 billion euros each year, according to a recent report. Spain needs some 250,000-300,000 foreign workers a year to sustain its welfare state, according to various national and international organisations.

Keys and new features of the new Regulation on Foreigners

The new Regulation on Foreigners reduces deadlines and formalities, eliminates duplication and increases guarantees and legal rigour, according to Elma Saiz. The minister also stressed that it introduces the improvements envisaged in European regulations, promoted during the Spanish presidency of the Council of the European Union. "It will serve to combat mafias, fraud and the violation of rights," she said.

Clarification of visa requirements and formalities

The Minister for Inclusion, Social Security and Migration, Elma Saiz, during the press conference after the Council of Ministers | Pool Moncloa / Jose Manuel Álvarez

The regulation devotes a specific section to visas, both short and long-term, in order to make the regulation more comprehensible. It also simplifies procedures, delimits competences between consulates and foreigners' offices and reduces bureaucracy. All initial authorisations shall be for one year and renewals for four years. The jobseeker's visa, which was previously a three-month authorisation, will also be valid for one year.

According to the Permanent Immigration Observatory, part of the Ministry of Inclusion, Social Security and Migration, 1.3 million visas were issued in 2023.

Integration: regularisation of some 300,000 people per year

Another major chapter of the regulation deals with the issue of integrations. "Spain is the only country in the European Union that has a specific figure for regularising people on a day-to-day basis, which allows them to obtain a residence and work permit," the minister indicated.

The regulation includes five types of integration: social, socio-training, socio-occupational, family and second chance. The main feature consists of homogenising and reducing the length of stay in Spain to qualify for integration from three years to two. In addition, the text makes the requirements more flexible and makes it possible to work not only as an employee, but also as a self-employed person from the outset.

At the end of 2023, there were 210,334 people in Spain with authorisation for integration, 84,983 more than in 2022. The Government estimates that this reform will allow an average of 300,000 people per year to regularise their situation over the next three years.

Three keys to inclusion: training, work and family

Elma Saiz explained that the regulation opens doors to inclusion through three keys: training, employment and family.

According to the minister, a prosperous society must know how to train and attract talent: "Spain welcomes talent of all nationalities because we know that talent knows no sex, status or origin".

Ministers Elma Saiz and Pilar Alegría during the press conference after the Council of Ministers | Pool Moncloa / Jose Manuel Álvarez

Therefore, for training purposes, people covered by this Regulation may be granted a residence permit for the duration of their studies. With this, Saiz said, "we avoid the worry of falling into a situation of irregularity due to bureaucratic reasons."

In addition, the regulation provides a fast track for migrants to link the study permit with a work permit once they have completed their training. During their studies, they may also work a maximum of 30 hours per week.

The minister added that the text strengthens the requirements and obligations of educational establishments in order to offer students greater protection than at present: "We make sure that they get decent and sufficient training and prevent them from becoming victims of fraud."

Work

The regulation facilitates entry to work, deepens the rights of migrant workers and addresses the vacant needs of the national market.

On employment, it creates a specific residence and work permit to facilitate recruitment for seasonal activities. Furthermore, Elma Saiz said that the regulation improves the protection of workers' rights, as well as their living conditions and safety from the time they leave their country until they are registered with the Social Security in Spain. It also encourages cooperation with authorities in third countries and the involvement of the social partners.

The minister stated that one of the Government's main battles is to prevent situations of irregularity and labour exploitation: "We facilitate the regularisation of migrants who are subject to labour exploitation."

Moreover, employers will have more information on the whole process, which has been simplified and made more flexible to better adapt to their specific needs, such as fixed-term or collective management of recruitment, among others.

Family

The Minister for Inclusion, Social Security and Migration also stressed that the family, together with work, is essential for the social inclusion of new arrivals and for retaining the talent they bring.

The reform improves family reunification for foreign residents and for citizens with Spanish nationality who have foreign family residing outside Spain. In the case of family members of Spaniards, it takes into account realities that were not previously contemplated, such as couples who are not formally registered and who can prove a similar affective relationship, or the regrouping of children up to 26 years of age.

It also allows for the reunification of children and parents of victims of trafficking, sexual violence or sex-based violence.

DANA: Special Commissioner for Reconstruction and Reparation

The Minister for Education, Vocational Training and Sports and Government Spokesperson, Pilar Alegría, during her speech at the press conference after the Council of Ministers | Pool Moncloa / Jose Manuel Álvarez

The Minister for Education, Vocational Training and Sports and Government Spokesperson, Pilar Alegría, has announced that the Council of Ministers has approved the creation of the Special Commissioner for the reconstruction and repair of the damage caused by the DANA, who will work hand in hand with the Interministerial Commission created to attend to the needs of the people affected by the DANA.

With the rank of Undersecretary and a temporary term of office, this Commissioner will report to the Ministry of Territorial Policy and Democratic Memory and will be responsible for promoting, coordinating and monitoring the measures adopted by the General State Administration in the areas affected by the DANA, as well as coordinating with the territorial administrations involved.

On this point, Alegría recalled that the Government's priorities at the moment are the search for the missing, cleaning up the affected areas and speeding up the payment of aid to people, workers and companies. "In short, to work so that the Valencian people can return to normality as soon as possible," concluded the spokesperson of the Executive, who stressed the need to speed up the execution of aid and recalled the opening of 62 new offices with 600 workers to speed up the payments.

New draft laws to guarantee the rights of minors

Pilar Alegría also announced that two draft laws regulating the age determination procedure will be submitted to Parliament. According to Alegría, the aim of these measures is to "protect and guarantee the rights of minors, as well as to comply with the recommendations of the international bodies responsible in this area."

The first draft law regulates the new age determination procedure, which changes from an administrative process to a civil judicial process, as it affects the civil status of persons. This new protocol guarantees free legal aid from the beginning of the procedure and the assistance of an interpreter and the legal representative of the minor.

The second draft law assigns the determination of age to the Courts of First Instance specialised in family matters or, if there is no specialisation, to the Court of First Instance which, according to its allocation, is responsible for the determination of age. In the event that the person is detained for alleged participation in a criminal offence and there is reasonable doubt as to they are above or below legal age, it shall be for the juvenile court to determine their age.

25 November: International Day for the Elimination of Violence against Women

The Government spokesperson also referred during her speech to the institutional declaration approved by the Council of Ministers on the occasion of the International Day for the Elimination of Violence against Women, which is celebrated on 25 November. With this declaration, the minister explained, the Government of Spain "once again expresses its absolute rejection of any form of violence against women and girls in a clear and categorical manner" and, she added, expresses "its commitment to continue advancing in favour of equality policies."

In this context, the Council of Ministers has approved a protocol of condemnation and repudiation of sex-based violence murders. The aim of the approved text is to formalise the procedure to be followed to publicly condemn sex-based violence murders, to show solidarity with the victims and to offer a unified and coordinated response to this problem throughout Spain.

In this way, the condemnation procedure is unified with a minute's silence, an institutional declaration, a message of solidarity and support and a call for unity in the face of male violence. The protocol also provides for the dissemination of the message of this declaration through the official communication channels of each institution and coordination with the autonomous communities and civil society organisations.

Non official translation