REAL DECREE APPROVING THE REGULATION OF ORGANIC LAW 4/2000, ON THE RIGHTS AND FREEDOMS OF FOREIGNERS IN SPAIN AND THEIR SOCIAL INTEGRATION

The Organic Law 2/2009 of 11 December, in its Third Final Disposition, enables the Government to dictate the provisions necessary for the implementation and development of the reform of the Organic Law 4/2000, of 11 of January, on the rights and freedoms of foreigners in Spain and their social integration. This Royal Decree comes to approve the new Foreign Regulations, repealing the Regulation approved by Royal Decree 2393/2004 of 30 December.

The decision to approve a new Foreign Regulations that will make the most of the regulatory adaptation of the latest reform of the Organic Law 4/2000, and, therefore, to exercise in a broad sense the regulatory authority that Article 97 of the Spanish Constitution attributes to the Government, obeys various causes.

On the one hand, the evolution of the migratory phenomenon, which has been a constant cause of the successive reforms of the Organic Law. This development, which in recent years has, among other things, resulted in a fall in the number of applications for entry on labour grounds and an increase in the number of procedures for foreign persons in Spain. and who intend to renew or extend their authorizations or exercise the powers that the Organic Law grants them, must be taken into account when developing the provisions of the Law of Foreign Affairs. The new regulation aims to optimize in this new context the principles of migratory policy recognized for the first time through the Organic Law 2/2009 of 11 December, principles among which the management of the flows labour migration in line with the national employment situation, the social integration of immigrants, the fight against irregular immigration and relations with third countries in the field of immigration.

On the other hand, the reform of the Foreign Regulations also offers the opportunity to clarify, simplify and order complex procedures, the processing of which can be improved from the perspective of agility and security legal. The location and systematic reordering of some procedures, the distinction between requirements and documents proving them, the greater concreteness of each other, their simplification, as well as a clearer regulation of the relationship between Authorisations and visas which avoid double checks will undoubtedly contribute to improving the management and legal certainty of the procedures for aliens. In this same sense, the introduction of new technologies in an area with a high volume of management and, in particular, the use of a common IT application which will enable the integration of the various stages to be introduced. procedures and their management by the various administrations with competence in the field, as well as a better relationship with the citizenry in line with the rules of electronic access to the public services.

Finally, beyond improving its procedural nature, the approval of a new Foreign Regulations also allows for the introduction of material modifications that do not only respond to legal and growing changes. The role of Community legislation in this field is to take account of the already extensive experience of the Office of Foreign Affairs.

The scope of the reform has reinforced, on the other hand, the willingness to involve the greatest number of political forces, social agents, and non-governmental organizations in it. In addition to the institutional channels for participation, a considerable effort has been made to reach an overall agreement with the social partners in the field of the Social Dialogue Table, as well as to take account of the contributions made by the the organisations with the greatest implementation in the field of foreign trade. This process of dialogue and consensus has meant a degree of important participation that has its reflection in the text itself.

From a material perspective, the new elements of the Regulation respond mainly to the desire to consolidate a model based on regularity and linked to the labour market. This has resulted in, among other things, a more complete regulation of the Catalogue of Occupancy Occupations and of the certificates issued by the public employment services in relation to the inadequacy of job seekers for cover existing offers. In both cases, the aim is to improve the information that underpins them, as well as to take into account the possibilities of covering job vacancies with workers already on the national labour market and who could satisfy them. with training actions promoted by the public employment services. Consideration of the national employment situation has also been taken into account in the regulation of employment authorizations for a given duration and in the collective management of hiring at source, where they have been introduced. mechanisms that aim to prevent the replacement of labour that already exists in the labour market.

Together with the management of labour migration flows and the promotion of the culture of regularity, the new regulation also seeks to promote the integration and equality of rights and duties, strengthening integration and social cohesion in a context of cultural diversity, from the logic of equal rights and duties.

In coherence with the latest reform of the Law of Foreign Affairs, which strengthened through various measures the role of regional and local authorities, the regulation now approved also strengthens cooperation with such administrations in multiple areas. One of the most important, but not the only one, is that of the reports provided for in the Organic Law, through which local and regional authorities can participate, in the exercise of their powers, in the appropriate procedures. to the General Administration of the State. The regulation of the reports of integration efforts in the field of renovations, the adequacy of housing to the effects of family reunification and social integration in the area of roots are, in fact, clear examples. of such collaboration, which has also been extended to the communication of statistical data in the area of regrouping or the determination of the national employment situation.

Adapting to the new migration cycle, the Regulation also aims to encourage and guarantee the mobility and voluntary return of immigrants. The attraction of highly qualified researchers and staff, as well as regulatory regulation of labour flows affecting activities in which there are reasons of economic, social or labour interest, or of teaching activities, Research and art are measures that will undoubtedly favour the competitiveness of the Spanish economy and the internationalisation of companies. At the same time, and in response to the increasing phenomenon of mobility, provision is made for voluntary return which makes it possible to return in the future by recovering previous periods of residence provided the requirements are met. for this and the commitment of no return.

In this sense, in accordance with the legal mandate and the European immigration policy, the regulatory development of certain European Directives, whose transposition was carried out in the reform of the Law, has been carried out. Organic. These Directives, in some cases already incorporated in our legal order, form a common European legal framework for immigration in which Spain is fully involved.

Finally, the Regulation clearly bets on providing rigour, transparency and objectivity to foreign procedures. The improvement, in short, of legal certainty through more detailed and concrete forecasts that reduce the retransmission to other standards, and the introduction of new technologies in the regulated procedures are new developments that will undoubtedly contribute to improving the management and, with this, the needs of all the various actors operating in the field of foreign policy.

The changes that are introduced affect all situations of foreign people in Spain in a generalized manner. From here it is convenient to make a brief review of each title that makes up the new regulation.

In Title I, a more detailed regulation of the return authorization is introduced, the circumstances of the custody at border posts are specified, the issues relating to compulsory departures and returns are reordered, setting a limitation period for the latter.

In Title II, concerning airport transit, the changes to the application of European Union law, and in particular the Community Visa Code, are incorporated.

In Title III, dedicated to the stay, reforms arising from the Community legislation are introduced, as well as the transposition of the Directive on stays by study, research or training, exchange of information of students, non-working practices or voluntary services. The rules of procedure are also simplified and the figure of the extension of stay by study is established, as well as the possibility of self-employed activities.

Title IV contains profound new developments in the situation of temporary residence in its different modalities. On the one hand, the economic requirements and means to credit the foreign person in the cases of non-profit-making residence are precisely set out, and other measures are also fixed for family reunification. In the family reunification the legal mandate for the inclusion of the couple is developed, regulating in more detail the independent residence of the regrouped family members. On the other hand, the economic, material and personal means are regulated by the employer in the workplace, as well as the effectiveness of the authorization to discharge in the social security system. Two chapters are also introduced for the transposition of the Directive of researchers, as well as the Directive of highly qualified professionals or Blue Card. Finally, a chapter dedicated to regulating the effects of the voluntary return of the foreign person is included in the event that he decided to return to Spain.

In this title, the role of the Autonomous Communities in the collaborative management of immigration is fully displayed, with a central consideration being given to the elaboration and effects of the effort report integration and the report on housing for family reunification. This consideration, derived from the legal reform, also provides for the role of the Councils in the event that the Autonomous Community delegates their powers to them.

Title V, referred to the residence for exceptional circumstances, maintains the configuration of the roots unchanged, with two important matizations. On the one hand, the period of employment relationship is reduced to accredit in the so-called labour force; on the other hand, in line with the doctrine of our Courts and the Court of Justice of the European Union, the figure of rootedness is introduced. family for parents of Spanish minors. If it is introduced, as a novelty, a chapter aimed at regulating the figure of the victim of gender violence, in which the figure of the provisional authorization of residence and work is operated with profusion. The figure of the victim of trafficking in human beings is also incorporated as a particularly regulated situation, both in terms of trafficking for the purposes of sexual exploitation and in its aspect of labour exploitation.

In Title VI, long-term residence is collected in its two modalities: long duration and long duration EU, facilitating the mobility of the resident in other Member States.

In Title VII, when referring to the extinctions of the residence and work authorizations, the possible extinction of the new figures incorporated in the Regulation is incorporated (research, highly professional qualified, victims of trafficking and long-term residence).

Title VIII welcomes the regulation of collective management of hiring at source, which replaces the traditional denomination of the quota, providing for the continued relevance of the Tripartite Labour Commission Immigration.

Title IX introduces for the first time residence and work permits in whose professional activity there are reasons of economic, social or employment interest, or relating to the performance of jobs or development or teachers, which require high qualifications, or artistic activities of particular cultural interest, and which is linked to the so-called Large Enterprises Unit, accommodating small and medium-sized enterprises on the basis of strategic sectors of the economy.

Title X improves the current wording of cross-border workers, detailing the requirements to be met for obtaining the relevant authorisation.

Title XI introduces different improvements in relation to foreign minors, both accompanied and unaccompanied. In this sense, it sets up a comprehensive legal system of special interest in the case of the latter. For the first time, the procedure of repatriation of the child, with intense intervention by the Prosecutor's Office, as well as the transit of the minority to the majority of age, is regulated in detail.

Title XII refers to the modification of the situations of foreign persons in Spain, taking into account the introduction of new figures that are added (researchers and highly qualified).

Regarding the documentation of foreigners, regulated in Title XIII, in line with the inclusion of voluntary return, the form of delivery of the Foreign Identity Card is foreseen. Likewise, a new regulation of the Register of Unaccompanied Foreign Minors is included, which will also be coordinated by the Prosecutor's Office.

Title XIV is intended for violations in the field of aliens and their sanctioning regime, derived from legal reform.

Title XV contemplates the Offices of Extranjería and the Centers of Migration, reiterating the organic and functional dependence that they possess.

Furthermore, the Regulation contains twenty-five additional provisions, highlighting the application of new technologies by both the administration and the public, as well as the management of the new technologies. procedures with the assistance of the Autonomous Communities.

In line with the above, it is considered that this Regulation will allow a comprehensive, integrated and sustainable migration policy to be further developed in Spain, in accordance with the needs of this country, contributing to the social cohesion.

Under its virtue, on the proposal of the holders of the Ministries of Foreign Affairs and Cooperation, of the Interior, of Labor and Immigration and of Territorial Policy and Public Administration, according to the State Council and after deliberation by the Council of Ministers at its meeting on 15 April 2011,

DISPONGO:

Single item. Approval and scope of application of the Regulation.

1. The Regulation of the Organic Law 4/2000 of 11 January 2000 on the rights and freedoms of foreigners in Spain and their social integration, the text of which is inserted below.

2. The rules of the Regulation of the Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration will be applied on a supplementary basis, or for the purposes that may be more favourable, to nationals of Spain. of the Member States of the European Union and other persons falling within the scope of Royal Decree 240/2007 of 16 February 2007 on the entry, free movement and residence in Spain of nationals of the Member States of the European Union and of other States party to the Agreement on the European Economic Area. Likewise, the rules of the Regulation of Organic Law 4/2000, of January 11, will apply with an extra character to those of application of Law 12/2009, of October 30, regulating the right of asylum and of subsidiary protection.

Single additional disposition. Identification and protection of the victim of human trafficking.

The provisions laid down in Article 140 of the Regulation adopted by this Royal Decree shall also apply to the potential victims of trafficking in human beings of a Member State of the European Union or included in the subjective scope of application of the Community foreign regime.

First transient disposition. Validity of the authorizations or cards in effect.

The different authorizations or cards that they enable to enter, reside and work in Spain, granted to the persons included in the scope of the Regulation that is approved by this Royal Decree and that have validity of the date of its entry into force, shall retain that validity for the period for which it has been issued.

Second transient disposition. Applications submitted prior to the entry into force of the Regulation.

Applications submitted prior to the entry into force of this Royal Decree and of the Regulation that are approved shall be processed and resolved in accordance with the regulations in force on the date of their submission, unless the Request the application of the provisions of this Royal Decree and in the Regulation that is approved and provided that the fulfilment of the required requirements for each type of application is accredited.

Single repeal provision. Regulatory repeal.

The Regulation of the Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration, approved by Royal Decree 2393/2004 of 30 December, is repealed. Secretary of State for Immigration and Emigration of 28 February 2007 on the agreement approving the instructions for the procedure for authorising entry, residence and work in Spain of foreigners in whose professional activity is of economic, social or employment interest, or to carry out research or development or teaching work, which requires a high level of qualification, or artistic performances of particular cultural interest; and any other provisions, of equal or lower rank, to oppose the provisions of this Royal Decree and in the Regulation which it approves.

However, the provisions of the Regulation of the Organic Law 4/2000 of 11 January, approved by Royal Decree 2393/2004 of 30 December, concerning the internment of foreigners will remain in force until the date of entry into force of the Regulation provided for in the third provision of the Organic Law 2/2009.

Final disposition first. Competitive titles.

This Royal Decree is issued in accordance with the provisions of Article 149.1.2. of the Constitution, which confers exclusive competence on the State in matters of nationality, immigration, immigration and the right of asylum.

The references to the procedure on initial authorizations for self-employment or foreign employment of foreigners in those Autonomous Communities to which this competence has been transferred are excepted from the foregoing. are issued under Article 149.1.7. of the Constitution, which gives the State exclusive competence over labour law without prejudice to its execution by the organs of the Autonomous Communities.

Final disposition second. Regulatory development.

The holders of the Ministries of Foreign Affairs and Cooperation, the Interior, Labour and Immigration, and the Territorial Policy and Public Administration are hereby authorized to issue, within the scope of their respective powers and, if necessary, prior to the report of the Inter-Ministerial Committee of Extranjería, the norms that are necessary for the execution and development of the provisions of this Royal Decree and in the regulation that it is approved. In the event that the matters are not the subject of the exclusive competence of each of them, the execution and development of the provisions of this Royal Decree and the Regulation which is approved shall be carried out by the Order of the holder of the Ministry of the Presidency, on a joint proposal of the Ministries concerned, prior to the report of the Interministerial Committee of Foreign Affairs.

Final disposition third. Entry into force.

This Royal Decree and the Regulation which it approves will enter into force two months after its publication in the "Official Gazette of the State".

Dado en Madrid, el 20 de abril de 2011.

JOHN CARLOS R.

The Minister of the Presidency,

RAMON JAUREGUI STUNNED

TITLE I

Spanish territory entry and exit regime

CHAPTER I

Input and Output positions

Article 1. Entry by enabled posts.

1. Subject to the provisions of international conventions concluded by Spain, a foreigner intending to enter Spanish territory must do so by the posts entitled to the effect, being provided with the passport or travel document in question. (a) to be in possession of a valid visa when the visa is enforceable, and not to be subject to express entry bans. It must also present the documents specified in this Regulation which justify the subject matter and conditions of entry and stay, and prove the possession of the economic means sufficient for the time it intends to remain in Spain or, in their case, be in a position to legally obtain such means.

2. By way of derogation, the border crossing may be authorised by the authorities or officials responsible for border control, outside the designated posts or days and hours, in the following cases:

(a) Persons who have been granted an extraordinary authorisation to cross the border in the face of a particular need.

b) The beneficiaries of international agreements in this respect with neighbouring countries.

3. Seafarers who are in possession of a document of identity of the people of the sea in force will be able to circulate as long as the scale of the vessel lasts through the port of the port or the nearby localities, in a 10-kilometer environment, without the obligation of be presented at the border post, provided that the persons concerned appear on the list of crew members of the vessel to which they belong, subject to prior checking and verification of the identity of the seafarers by the officials referred to in paragraph 1. 2. The right to land the seaman who poses a threat to public order may be refused. public health or national security, or to that in which there are objective circumstances which may be deducted from his/her appearance on the vessel before departure.

Article 2. Enabling posts.

1. In accordance with the national interest and the provisions of international conventions in which Spain is a party, the clearance of a land border post shall be adopted, following agreement with the authorities of the neighbouring country concerned, by Order of the holder of the Ministry of the Presidency, on a joint proposal from the holders of the Ministries of Foreign Affairs and Cooperation, Economic and Finance and the Interior.

2. In the case of the holding of posts in ports or airports, the Order of the holder of the Ministry of the Presidency shall be adopted on a joint proposal from the holders of the Ministries of Foreign Affairs and Cooperation, Finance and the Interior, subject to a favourable report by the ministerial department or regional body responsible for the port or airport.

Article 3. Closure of enabled posts.

1. The closure, on a temporary or indefinite basis, of the posts authorised for the entry and exit of Spain may be agreed by Order of the holder of the Ministry of the Presidency, on the proposal of the holders of the competent Ministries, when This is the result of the provisions to be applied as a result of the states of alarm, exception or site, or in the application of special laws, in cases where the interests of the national defence, the security of the State and the protection of the health and safety of citizens, as well as in cases of high migratory pressure irregular, without prejudice to the possibility of disconcentrating such competition.

2. The closure or transfer of posts entitled in cases other than those provided for in the previous paragraph may be carried out through the procedures laid down in the preceding paragraph, provided that their location is unnecessary or inconvenient.

3. The closure of the posts enabled must be communicated to those countries with which Spain is obliged to do so as a result of the international commitments entered into with them.

CHAPTER II

Input: Requirements and Bans

Article 4. Requirements.

1. The entry of a foreigner into Spanish territory shall be subject to compliance with the following requirements:

(a) Entitlement to the passport or travel documents referred to in the following Article.

b) Entitlement to the corresponding visa in the terms set out in Article 7.

c) Justification of the object and the conditions of entry and stay in the terms set out in Article 8.

(d) Accreditation, if any, of the economic means sufficient to sustain them during the period of stay in Spain, or to be able to obtain them, as well as for the transfer to another country or the return to the the origin, in the terms laid down in Article 9.

(e) Presentation, where appropriate, of the health certificates referred to in Article 10.

f) Not subject to an entry ban, in the terms of Article 11.

g) Do not pose a danger to public health, public order, national security or international relations of Spain or other States with which Spain has a convention in this regard.

2. The General Commissioner for Foreign Affairs and Borders may authorise the entry into Spain of foreign nationals who do not fulfil the conditions laid down in the previous paragraph where there are exceptional reasons of a humanitarian nature, public interest or Compliance with commitments made by Spain. In such cases, the foreign delivery of the accreditation of the authorization of entry for any of these causes shall be made abroad.

Without prejudice to the possible consideration of the reasons for granting it in the context of the procedure relating to residence for exceptional circumstances, the authorisation of entry into Spain on the basis of the provisions in the preceding paragraph, it shall not, by itself and in isolation in other circumstances which may be alleged, result in the fulfilment of the requirements to prove in respect of the obtaining of a residence permit by circumstances exceptional.

Article 5. Return authorization.

1. By way of derogation from the foregoing Article, a foreign national whose residence or residence permit is in the renewal or extension period shall be issued with a return authorization to allow him to leave Spain and the later return to the national territory, provided that the applicant establishes that he has initiated the renewal or extension of the title which enables him to stay in Spain within the legal period fixed for that purpose.

Likewise, the holder of a Foreign Identity Card in force may request a return authorization in the event of theft, loss, destruction or misuse of that card, provided that he has submitted a request for duplicate of the card.

2. The return authorisation shall be valid not more than 90 days after the expiry of the residence or stay authorisation, if it is requested prior to the expiry of the authorisation.

In case it is requested at a time after the expiration of the residence or stay authorization, the return authorization shall be valid for no more than ninety days after it is granted.

When the trip responds to a situation of need, the return authorization will be processed on a preferential basis.

3. Where the foreign person proves that the trip is in a situation of need and there are exceptional reasons, the return authorisation referred to in the previous paragraph may be issued, with a validity not exceeding 90 days after the date of the departure. grant the return authorisation, if the initial application for the authorisation of residence or the authorisation of stay has been favourably resolved and the issue of the Foreign Identity Card is pending.

4. The return authorization shall be granted by the Delegate or Subdelegate of the competent Government, by the Commissioner General of Foreign Affairs and Borders or by the commissary and border posts of the National Police Corps.

The concession by the Government Delegate or Subdelegate shall be made after the processing of the file by the Office of Foreign Affairs concerned.

Article 6. Documentation for the entry.

1. In order to prove your identity, a foreigner intending to enter Spain must be provided with one of the following documents:

a) Passport, individual, family or collective, validly issued and in force. Children under 16 years of age may be included in the passport of their parent, mother or guardian when they have the same nationality as the holder of the passport and travel with the passport holder.

b) Travel title, validly issued and in force.

c) A national identity document, identification card or any other document in force that establishes its identity, which have been considered valid for entry into Spanish territory, by virtue of commitments international assumed by Spain.

2. Both passports and travel certificates and other documents deemed to be valid must be issued by the competent authorities of the country of origin or the country of origin of their holders or by qualified international organisations. For this purpose, by international law and contain, in any case, sufficient data for the identification of the identity and nationality of the holders. The passports shall permit the return to the country which issued them.

3. The Spanish diplomatic missions or consular posts, subject to the express authorization of the Directorate-General for Consular and Migratory Affairs of the Ministry of Foreign Affairs and Cooperation, may issue travel documents and laissez-passer to foreigners whose international protection has been determined by Spain in application of the Spanish legislation on international protection or to proceed to their evacuation to countries with which cooperation agreements exist for that purpose.

4. The admission of collective passports shall be in accordance with the international conventions which exist or are designed by Spain. In both cases, the prior report of the Ministry of the Interior will be required.

Article 7. Visa requirement.

1. Foreigners who intend to enter Spanish territory must be in possession of the corresponding visa, validly issued and in force, extended in their passports or travel documents or, where appropriate, in a separate document, except for the provisions of the next section.

2. For stays of up to three months in a period of six you will not need a visa:

(a) Nationals of countries exempted from such a requirement under the provisions of the European Union legislation.

(b) holders of diplomatic, service or other official passports issued by countries with which their deletion has been agreed, in the form and conditions laid down in the relevant agreement.

(c) The holders of laissez-passer issued by certain international intergovernmental organisations to their officials, when Spain has agreed to abolish such a requirement.

(d) Foreigners who have the status of refugees and are documented as such by a country signatory to the European Agreement number 31 of 20 April 1959 on the exemption of refugee visas.

e) Members of the crew of foreign passenger and commercial vessels, when documented with a document of identity of the people of the sea in force and only during the scale of the ship or when they are in transit to ship to another country.

f) Members of foreign commercial aircraft crews who are documented as such by the crew member card during the scale of their aircraft or between two regular flight scales consecutive of the same air carrier to which the aircraft belongs.

(g) Foreign nationals holding a residence permit, a temporary residence permit, a long-term visa or a diplomatic accreditation card issued by the authorities of another State with whom Spain has signed an international agreement covering this possibility. Such authorisations shall have a minimum term of validity equal to the period of stay, or of the duration of transit, provided for at the time of application for entry.

3. No visa shall be required for the entry into Spanish territory of foreign nationals holding a Foreign Identity Card, of a diplomatic accreditation card, or of the return authorisation provided for in Article 5 or the holders of a certificate. Foreign Identity Card of a cross-border worker with regard to the entry into the Spanish territory which forms a border with the country of the worker, provided that the authorizations certifying those documents have been issued by the Spanish organs and are in force at the time of application for entry.

Article 8. Justification for the reason and conditions of entry and stay.

1. Foreigners must, if required, specify the reason for their request for entry and stay in Spain.

Officials responsible for the control of entry into service, inter alia, for the purpose and duration of the journey may require them to submit documents which justify or establish the likelihood of invoked input.

Foreigners who request entry, to justify the likelihood of the invoked motive, may submit any document or evidence which, in their judgment, justifies the stated grounds of entry.

2. For these purposes, the following documents may be required for the following documents:

For any of the reasons for the request for entry and stay provided for in this section, return ticket or tour circuit.

(a) In addition, for professional travel, alternatively:

1. The invitation of a company or an authority issued, in accordance with the terms laid down by the Order of the holder of the Ministry of the Presidency, to a joint proposal from the holders of the Ministries of Foreign Affairs and Cooperation, Home and Work and Immigration, to participate in meetings of a commercial, industrial or related nature.

2. º Documents from which there are commercial or activity-linked relationships.

3. Access cards to fairs and congresses.

b) In addition, for trips of a tourist or private nature, alternatively:

1. No. Document justifying the existence of a place of lodging at the disposal of the foreigner: either issued by the establishment of lodging or consisting of a letter of invitation of a particular, issued in the terms fixed by Order of the holder of the Ministry of the Presidency, on a joint proposal from the holders of the Ministries of Foreign Affairs and Cooperation, the Interior and Labour and Immigration, the content of which shall be exclusively to be aware of the existence of a certain lodging at the disposal of the foreigner.

In no case, the invitation letter will supplement the foreign accreditation of the other requirements required for entry.

Without prejudice to the foregoing paragraph, the document supporting the existence of a place of lodging at the disposal of the foreigner shall contain the information concerning whether the accommodation is or not the cover of all or part of their maintenance.

2. º Confirmation of the reservation of an organized trip.

(c) In addition, for travel for purposes of study or training: tuition or supporting documentation of admission to a teaching facility.

d) In addition, for travel for other reasons, alternatively:

1. º Invitations, reservations, or programs.

2. º Partition Certificates in travel-related events, entry cards, or receipts.

Article 9. Accreditation of economic means.

The foreign national must prove, at the time of entry, that he has sufficient resources or economic means for his or her support and that of the persons in his or her capacity to travel with him, during the period of stay in Spain, or who is in a position to legally obtain such means, as well as to cover the transfer to another country or the return to the country of provenance. The amount of the economic means payable shall be determined by order of the holder of the Ministry of the Presidency, on a proposal from the holders of the Ministries of Foreign Affairs and Cooperation, the Interior and Labour and Immigration. these effects, as well as how to credit their possession.

This regulation will take into account, in terms of the amounts payable, the circumstances of the documentation of the lodging establishment or the letter of invitation of a particular person, contributed by the foreigner in the Article 8 can be derived from the fact that the accommodation comprises all or part of its maintenance.

Article 10. Health requirements.

When determined by the Ministry of the Interior, according to the Ministries of Health, Social Policy and Equality and Labor and Immigration, persons intending to enter Spanish territory must present in the border posts a health certificate issued in the country of origin by the medical services designated by the Spanish diplomatic mission or consular post, or subject to their arrival at the border, to a medical examination by the competent Spanish health services, to prove that they do not have any of the diseases which may have serious public health effects in accordance with the provisions of the International Health Regulations 2005, as well as international commitments on the subject subscribed by Spain, without prejudice to the that the European Union legislation is available to it.

Medical examinations shall be carried out in any event in accordance with the provisions of the International Health Regulations 2005.

Article 11. Entry ban.

The entry of foreigners will be considered prohibited, and they will be prevented from accessing Spanish territory, even if they meet the requirements of the preceding articles, when:

(a) Have previously been expelled from Spain and are within the period of prohibition of entry that would have been determined in the expulsion order, or where a resolution of expulsion has fallen on them, except expiry of the procedure or limitation of the infringement or the sanction.

b) Have been the subject of a return measure and are within the period of the entry ban that would have been determined in the corresponding return agreement.

c) Knowledge, through diplomatic channels, through Interpol or any other international, judicial or police cooperation route, which are claimed, in relation to criminal causes arising from the serious common offences, by judicial or police authorities in other countries, provided that the facts for which they are claimed constitute a crime in Spain and without prejudice to their detention, where appropriate.

(d) Have been the subject of an express prohibition of entry, pursuant to the resolution of the holder of the Ministry of the Interior, for their activities contrary to Spanish interests or human rights or for their notorious connections with criminal, national or international organisations, or other judicial or administrative reasons justifying the adoption of this measure, without prejudice to their detention, where appropriate.

e) prohibited entry under international conventions in which Spain is a party or in accordance with the provisions of Community legislation, unless it is deemed necessary to provide for a derogation on grounds of humanitarian or national interest.

Article 12. How to make the entry.

1. Upon arrival at the post authorised for entry into Spain, foreign nationals shall, as a matter of priority, prove to the officials responsible for checks that they meet the requirements laid down in the Articles of this Chapter. checking of these.

2. If the documentation submitted is found to be in conformity and there is no prohibition or impediment to the entry of the holder, the stamp, sign or mark of control established shall be affixed to the passport or travel title unless the internal laws or the international treaties in which Spain is a party provide for non-stamping, so that, upon returning the documentation, the passage to the interior of the country will be free.

3. If the person concerned has access to an identity document or another class in which the stamp of entry cannot be affixed, the person concerned must complete the form provided for in order to record the entry, which he must retain in his possession and present together with the identification documentation, if required.

Article 13. Entry declaration.

1. They shall have the obligation to declare the entry to the Spanish police authorities personally of foreign nationals who have access to Spanish territory from a State with which Spain has signed an agreement to abolish controls. border.

2. If it has not been made at the time of entry, such a declaration shall be made within three working days of the entry, at any Commissioner of the National Police Corps or Office of Foreign Affairs.

Article 14. Registration of entry into Spanish territory.

1. Entries made on Spanish territory, as provided for in Articles 12 and 13, by foreigners to which the Community system of foreign nationals does not apply, may be registered by the competent authorities of the Member States. Central Registry of Foreigners, for the purposes of controlling their legal stay in Spain, in accordance with the Organic Law 15/1999, of December 13, for the protection of personal data.

2. The system of registration of entries in Spain shall be regulated by Order of the holder of the Ministry of the Presidency dictated by the proposal of the holders of the Ministries of the Interior and of Work and Immigration.

Article 15. Denial of entry.

1. Officials responsible for control shall refuse entry into the territory of Spain to foreigners who do not meet the requirements laid down in this Chapter. Such refusal shall be made by means of a reasoned and notified decision, with information on the resources which may be brought against it, the time limit for doing so and the body to which it is to be formalised, and its right to assistance. (a) a lawyer, who may be ex officio in the event that the person concerned lacks sufficient economic resources and, where appropriate, an interpreter, who shall commence at the time of the check at the border post.

The resolution will contain, among other contents, the following:

a) The express determination of the cause by which the entry is denied.

b) The information to the data subject that the effect of the refusal of entry is the return to its point of origin.

(c) Information to the person concerned about his right to legal assistance, as well as to interpreter assistance, if he does not understand or speak the official languages used, from the moment the agreement is made initiation of the procedure. Both assists shall be free in the event that the person concerned lacks sufficient economic resources, in accordance with the provisions of the rules governing the right of free legal assistance.

The information, which will also have been provided as soon as the administrative procedure is initiated, will make express mention of the need to present the appropriate application in the terms provided for in the rules governing the free legal assistance for the exercise of the latter in the event of a decision to challenge the decision in judicial-administrative jurisdiction, in accordance with Article 22.3 of the Organic Law 4/2000 of 11 January.

When agreements exist that regulate the readmission of persons in irregular situations subscribed by Spain, the officials responsible for the control, after providing the information referred to in Article 26.2 of the Law Organic 4/2000, of 11 January, shall refuse, in the terms provided for in the said agreements, the entry of the persons to whom they apply, provided that the refusal takes place within the time limit laid down therein.

2. The decision to refuse entry shall contain the effects provided for in Article 60 of Law 4/2000 and shall be subject to the provisions of the laws. If the foreigner is not in Spain, he may bring the relevant resources, both on administrative and judicial terms, through the appropriate diplomatic representations or consular offices, which shall forward them to the body. competent.

For the purposes laid down in Article 22 (3) of the Organic Law 4/2000 of 11 January 2000, a foreigner who is deprived of liberty may express his wish to bring proceedings for a judicial or administrative appeal. exercise the appropriate action against the decision terminating the administrative route, before the Delegate or Deputy Delegate of the competent government or the Director of the Foreign Office or the Director of the border post under whose control is found, which shall be recorded in the minutes to be entered in the file.

3. The return will be executed immediately and, in any case, within 72 hours of the agreement. If it cannot be carried out within that period, the authority or, by delegation of the authority, the person responsible for the border post shall be directed to the investigating judge to determine, where appropriate, the place where he is to be admitted. until the time of the return, in accordance with the provisions of the Organic Law 4/2000 of January 11.

4. A foreign national who is refused entry into the national territory by the officials responsible for control, in accordance with the provisions of the international agreements signed by Spain, shall be stamped on the passport entry crossed out with an indelible black cross, and must remain in the premises intended for effect at the border post until, as soon as possible, return to the place of provenance or continue to travel to another country where is supported.

The permanence of the foreigner in these facilities will be the only purpose to guarantee, if necessary, your return to the place of origin or the continuation of your trip to another country where you are admitted. The limitation of the outpatient freedom of the foreigner will be exclusively for this purpose in its duration and scope of extension.

The facilities will be equipped with adequate services and, in particular, social, legal and health services in line with their average occupancy figure.

5. During the period in which the foreigner remains at the premises of the border post or at the place where his/her detention has been agreed, all the maintenance costs incurred shall be borne by the company or carrier which he has been transported, provided that the case provided for in Article 54 (3) of the Organic Law 4/2000 of 11 January 2000 is not met, and without prejudice to the sanction which may be imposed.

Likewise, the company or carrier will immediately take over from the foreigner who has been denied entry and will be aware of all the expenses arising from the transportation for its return to the State from the which has been transported, to which you have issued the travel document with which you have travelled abroad or to any other where your admission is guaranteed. The above shall apply without prejudice to the fact that the return may be carried out by the same company or by another transport undertaking.

6. The limitation of the outpatient release of a foreigner for the purposes of return as a result of the refusal of entry shall be communicated to the embassy or consulate of his country. However, in the event that such communication has not been made or the embassy or consulate of the country of origin of the foreign country has not been able to radiate in Spain, that situation shall be communicated to the Ministry of Foreign Affairs and Cooperation.

7. The resolution does not exhaust the administrative route and will be used in accordance with the provisions of the laws. If the alien is not found in Spain, he may bring the corresponding resources, both administrative and judicial, through the corresponding diplomatic or consular representations, which shall be sent to the agency. competent.

Article 16. Obligations of document control carriers.

1. The person or persons designated by the transport undertaking shall require foreign nationals to present their passports, travel certificates or relevant identity documents, as well as, where appropriate, a visa, when they embark outside the territory of the countries in which the Convention implementing the Schengen Agreement is in force, of 14 June 1985, with or in transit to the Spanish territory. The purpose of the request shall be to verify the validity and validity of the documents.

2. Road passenger transport operators shall take the measures they consider appropriate to ensure that the documentation of all foreign nationals who embark outside the territory of the countries in which the Convention is in force is established. implementation of the Schengen Agreement of 14 June 1985. Such checks may be carried out on the premises of the station or stop at which the shipment is to be produced, on board the vehicle before the start of the journey or, after the start of the journey, provided that the subsequent landing in a vehicle is possible. station or stop located outside the territory of the countries in which the Convention implementing the Schengen Agreement is in force.

When it is established that a foreigner does not have the necessary documentation, he must not be admitted on board the vehicle and, if he has started the march, he must leave it at the nearest stop or appropriate place in the sense of the movement outside the territory of the countries in which the Convention implementing the Schengen Agreement is in force.

In the event that the foreigner with apparently deficient documentation decides to embark or not to leave the vehicle, the driver or the companion, when arriving at the external border, must communicate to the agents in charge of the control of the identified deficiencies in order to take the decision that is appropriate.

Article 17. Obligations of the transmission of information carriers.

1. In the terms of Article 66.1 and 2 of the Organic Law 4/2000 of 11 January, any company, transport undertaking or carrier shall forward to the Spanish authorities responsible for the control of the entry of the information on the passengers to be transferred, either by air, sea or land, irrespective of whether the transport is in transit or has as its final destination the Spanish territory. In addition, transport undertakings must provide comprehensive information on the number of return tickets not used by passengers to whom they would previously have been transported to Spain.

2. By joint resolution of the Ministry of Labour and Immigration and the Ministry of the Interior, the routes from outside the Schengen Area will be determined in respect of which it is necessary to refer to the Spanish authorities responsible for the The information referred to in Article 66.1 and 2 of the Organic Law 4/2000 of 11 January of 11 January is sufficient in advance. The resolution shall indicate, inter alia, the time limit and the manner in which such information is to be sent.

Article 18. Obligations of carriers in case of refusal of entry.

1. If the entry into the Spanish territory of a foreigner is refused due to deficiencies in the documentation necessary for the crossing of borders, the carrier who would have brought it to the border by air, sea or land shall be obliged to charge immediately. At the request of the authorities responsible for the control of entry, he must take the third State from which he had transported him, to the State which issued the travel document with which he had travelled, or to any other third State where its admission and a treatment compatible with human rights are guaranteed. This same obligation must be borne by the carrier who has transferred to a transit abroad to a border of the Spanish territory if the carrier who is required to take it to his country of destination refuses to take it on board, or if the authorities of that country last country would have refused entry and returned it to the Spanish border for which it has transited.

In the case of air transport, the air carrier or operator or operator of the aircraft shall be deemed to be responsible for the carriage. The liability will be in solidarity in the event that a code-sharing regime is used between air carriers. In cases where successive journeys are made, the person responsible shall be the air carrier carrying out the last leg of the journey to the Spanish territory.

2. The obligations of carriers in the event of a refusal of entry referred to in this Article, as well as those for the control of documents and the remission of information referred to in the two preceding Articles, shall also apply to: the air or sea transport scenarios to be carried out from Ceuta or Melilla to any other point in the Spanish territory.

CHAPTER III

Outputs: Requirements and Bans

Article 19. Requirements.

1. In the exercise of their freedom of movement, foreigners will be free to leave the Spanish territory, except in the cases provided for in Article 28.3 of Organic Law 4/2000 of 11 January, in which the exit will be compulsory, and except in the cases provided for in Article 57.7 of the said Organic Law, in which the exit requires judicial authorization. Exceptionally, the exit may be prohibited by the holder of the Ministry of the Interior, in accordance with Article 28.2 of that Organic Law.

2. The exits by judicial authorization may be instituted by the legally competent bodies, without prejudice to the right of the foreign nationals affected to urge the exit by themselves.

3. For the purposes referred to in the preceding paragraph and except in cases where the secret, total or partial nature of the summary is prevented, the judicial police units or services shall inform the Directorate-General of the Police and the Civil Guard and to the Government Delegate or Subdelegate of those cases where there are foreign nationals in criminal proceedings for crimes committed in Spain.

Article 20. Documentation and deadlines.

1. All voluntary departures from the national territory must be carried out, irrespective of the border used for this purpose, by the approved posts and on display of the passport, travel title or valid document for entry into the territory. country.

2. The exits may also be made, with defective documentation or even without it, if there is no prohibition or impediment to the prosecution of the police control services.

3. Foreigners in transit who have entered Spain with a passport or any other document to which similar effects are attributed will have to leave the Spanish territory with such documentation, and must do so within the period for which they are the transit has been authorised, as established by the international agreements or the period of validity of the stay on the visa.

4. Those who are in a situation of stay or extension of stay will have to leave the Spanish territory within the duration of the situation. Your subsequent entry and stay in Spain will be subject to the procedures laid down.

5. Those who enjoy a residence permit may leave and re-enter Spanish territory as many times as necessary, while the authorization and the passport or similar document are in force.

Article 21. How to do the output.

1. Upon departure from the Spanish territory, the foreign nationals shall present to the officials responsible for control in the posts authorized for this purpose the documentation indicated for their obligation to check.

2. If the documentation is found in conformity and there is no prohibition or impediment to the departure of the holder or the holders, the exit stamp shall be affixed to the passport or travel title, except in the case of internal laws or agreements International in which Spain is a party provide for non-stamping. Upon return of the documentation, the passage to the outside of the country shall be free.

3. If the exit is made with defective documentation, without documentation or with an identity document in which the exit stamp cannot be stamped, the foreigner shall complete the printed check-out in the control police services. record of the output.

4. The departure of the Spanish territory of foreign nationals to whom the Community system of foreign nationals does not apply may be registered by the competent authorities in the Central Register of Foreigners, for the purposes of their control. period of legal stay in Spain, in accordance with the Organic Law 15/1999 of 13 December on the protection of personal data.

Spain's exit registration system will be regulated in the Order provided for in Article 14.2 of this Regulation.

Article 22. Exit bans.

1. In accordance with Article 28.2 of the Organic Law 4/2000 of 11 January, the holder of the Ministry of the Interior may agree to the prohibition of the departure of foreigners from the national territory, in the following cases:

(a) Those of foreigners who are not in court proceedings for the commission of crimes in Spain, except for the cases of Article 57.7 of the Organic Law 4/2000, of 11 January, when the judicial authority authorized its departure or expulsion.

b) Those of foreigners convicted by the commission of crimes in Spain to be deprived of liberty and claimed, whatever the degree of execution of the sentence, except the assumptions of article 57.7, of the Organic Law 4/2000 of 11 January 2000 and those implementing conventions on the enforcement of penalties in the country of origin of which Spain is a party.

(c) Those of foreign nationals who are claimed and, where appropriate, detained for extradition by the respective countries, until the resolution is issued.

(d) The cases of illness of contagious disease which, in accordance with Spanish legislation or international conventions, impose a compulsory detention or detention in an appropriate establishment.

2. The exit bans shall be adopted on an individual basis by the holder of the Ministry of the Interior, as the case may be, on a proposal from the holder of the Secretary of State for Immigration and Emigration, of the holder of the Secretary of State for Security, Delegate or Subdelegate of the Government, health authorities or at the request of Spanish citizens and foreign legal residents in Spain who may be harmed, in their rights and freedoms, for the departure of foreigners from the Spanish territory. Exit bans must be formally notified to the person concerned.

CHAPTER IV

Return and mandatory outputs

Article 23. Returns.

1. In accordance with Article 58.3 of the Organic Law 4/2000 of 11 January, an expulsion file will not be required for the return, under the resolution of the Deputy Government Delegate, or the Government Delegate in the Uniprovincial Autonomous Communities, of foreigners who will be found in one of the following cases:

a) Foreigners who have been expelled contravene the entry ban in Spain.

For these purposes, the prohibition of entry into Spain shall be deemed to be contrary to the record, regardless of whether it was adopted by the Spanish authorities or by any of the States with which Spain has agreement to that effect.

b) Foreigners who intend to enter the country irregularly. Foreign nationals who are intercepted at or near the border shall be considered to be included for this purpose.

2. In the case of paragraph (b) of the previous paragraph, the State Security Forces and Bodies in charge of the custody of coasts and borders which have intercepted foreign nationals seeking to enter Spain irregularly will lead them to as soon as possible to the appropriate police station, so that they can be identified and, where appropriate, returned to them.

3. In any of the cases referred to in paragraph 1, a foreigner in respect of which proceedings are followed for the adoption of a return decision shall be entitled to legal assistance, as well as to the assistance of an interpreter, if he does not understand or speak official languages to be used. Both assists shall be free in the event that the person concerned lacks sufficient economic resources, in accordance with the provisions of the rules governing the right of free legal assistance.

4. Where the return cannot be carried out within 72 hours, the judicial authority shall request the intended detention measure for the removal files.

For the purposes set out in Article 22 (3) of the Organic Law 4/2000, if during the situation of deprivation of liberty the foreigner expressed his will to institute a judicial-administrative appeal or to exercise the action against the return resolution after the administrative route has been exhausted to the Government Delegate or Subdelegation or the Director of the Foreign Office of the Foreign Office under whose control it is located, the latter shall state in the record that will be incorporated into the case.

5. The execution of the refund shall result in the new beginning of the calculation of the time limit for the prohibition of entry in the contract, where it has been adopted pursuant to an expulsion order issued by the Spanish authorities.

Also, any refund agreed in application of paragraph (b) of Article 58.3 of the Organic Law 4/2000, of January 11, will carry with it the prohibition of entry into Spanish territory for a maximum period of three years.

6. Even if a return resolution has been adopted, it may not be carried out and its execution shall be suspended when:

(a) It is pregnant women and the measure may be a risk to the pregnancy or to the health of the mother; or it may be sick and the measure may pose a risk to their health.

(b) An application for international protection is formalized, until it is settled on the application or is not admitted in accordance with the provisions of Article 19.1 of Law 12/2009 of 30 October, regulating the right of asylum and subsidiary protection.

Admission to the application for international protection shall be subject to the authorisation of entry and the provisional stay of the applicant.

7. The limitation period for the return decision shall be five years if it has been agreed pursuant to Article 58.3 (a) of the Organic Law 4/2000 of 11 January, and two years if it has been agreed in accordance with paragraph 1. (b) of Article 58.3 of the Organic Law 4/2000 of 11 January. The limitation period shall be applied by the competent bodies.

The limitation period for the repayment order agreed pursuant to Article 58.3 (a) of the Organic Law 4/2000 of 11 January 2000 will not begin to be counted until the period of the prohibition of restarted entry.

The limitation period for the repayment order agreed pursuant to Article 58.3 (b) of the Organic Law 4/2000 of 11 January 2000 will not begin to be counted until the period of the prohibition of entry determined in the return resolution.

8. Where, in the context of a procedure relating to residence permits for exceptional circumstances, it is established that a non-executed return decision is established against the applicant, it shall be revoked, provided that the application derives from the grant of the residence permit for exceptional circumstances.

If the competent body to resolve the application for authorisation was not the same as the one that issued the return decision to revoke, it shall automatically request its revocation to the competent body for that purpose. In the letter of appeal the revocation shall be made on the basis of the type of authorization requested and express reference to the origin of the grant of the authorization, in compliance with the conditions required for that purpose, except for the existence of such authorization. of the non-executed return resolution.

Article 24. Mandatory outputs.

1. In the case of a lack of authorisation to meet in Spain, in particular because of the failure to comply with or no longer fulfil the requirements for entry or stay, or for the administrative refusal of requests for extensions of stay, authorisations of residence or any other document necessary for the stay of foreigners in Spanish territory, as well as of the renewals of the authorisations or documents themselves, the administrative decision rendered to the effect it shall contain the warning to the person concerned that his departure from the country is compulsory, without prejudice to the fact that, Similarly, such warning shall be carried out by means of diligence in the passport or similar document or in a separate document if it is found in Spain covered by an identity document in which the due diligence cannot be affixed.

They shall not be required to make mandatory exit orders for applications made in accordance with the provisions of the fourth additional provision of the Organic Law 4/2000 of 11 January.

2. The compulsory exit must be made within the time limit set in the decision rejecting the request made, or, where appropriate, within the maximum period of 15 days from the date of notification of the decision rejecting the request, except in the case of: that exceptional circumstances are present and that sufficient economic resources are justified; in such a case, the time limit may be extended to a maximum of 90 days. After the expiry of the period indicated without the exit being made, the provisions laid down in this Regulation shall apply for the cases referred to in Article 53,1 (a) of the Organic Law 4/2000 of 11 January.

3. If the foreign nationals referred to in this article effectively perform their departure from the Spanish territory in accordance with the provisions of the foregoing paragraphs, they shall not be subject to a prohibition of entry into the country and may eventually return to Spain, in accordance with the rules governing access to Spanish territory.

4. The cases of applicants for international protection who have been refused the examination of their application for failure to comply with their study in accordance with the provisions of Regulation (EC) No No 64/2014 are exempted from the compulsory exit scheme. Council Regulation (EC) No 343/2003 of 18 February 2003 laying down the criteria and mechanisms for determining the Member State responsible for examining an application for asylum lodged in one of the Member States by a third national country. Once the decision to refuse admission to proceedings has been notified, it must be transferred, escorted by officials, to the territory of the State responsible for examining its application for asylum, without the need to initiate the expulsion, provided that such transfer takes place within the time limits in which the State responsible has an obligation to examine such a request, without prejudice to the provisions of Article 16.1 (e) of that Regulation. community.

TITLE II

Airport Transit

Article 25. Definition.

Those foreigners who are allowed to stay in the international transit zone of a Spanish airport, without access to the national territory, during the flight stops or links, are in transit.

Article 26. Requirement of a transit visa.

1. The airport transit visa requirement regime shall be that established by the law of the European Union.

2. The airport transit visa may allow to transit one, two or, exceptionally, several times, and enables the foreigner specifically subject to this requirement to remain in the international transit zone of a Spanish airport, without access the national territory, during flight stops or links.

Article 27. Procedure.

1. The procedure and conditions for the issue of the airport transit visa shall be governed by the provisions of European Union law.

2. In the proceedings of the proceedings, the diplomatic mission or consular post may require the applicant to appear and, where it deems necessary, maintain a personal interview to verify his/her identity, the validity of his/her documentation staff or the documentation provided, the reason, the itinerary, the duration of the journey, the proof of its continuity to the final destination, the guarantees of return to the country of residence or the country of origin, as well as that it does not intend to enter the territory of the Schengen States. In any case, if the applicant does not appear in person for 15 days from the request, the application will be withdrawn and the file of the procedure will be produced.

3. When the application for a visa is submitted in the form or subsated and after the procedure has been completed, the diplomatic mission or consular post at which the application is lodged shall give a reasoned decision and issue the visa.

4. In the case of a refusal to comply with some of the airport transit requirements, including that of a non-eligible person, the decision shall be notified by the standard form provided for by the Union legislation. European and shall express the appeal against it, as well as the body to which it should be raised and the time limit for interposition.

5. In the event of a visa being granted, the foreigner must collect it within one month of notification, either personally or by duly accredited representative. If the collection is not carried out within the period referred to above, the person concerned shall be deemed to have waived the visa granted and the file of the file shall be produced.

TITLE III

The stay in Spain

CHAPTER I

Short Term Stay

Article 28. Definition.

1. A foreign resident who is not the holder of a residence permit and is authorised to remain in Spain for an uninterrupted period or a sum of successive periods whose total duration is not longer than the total duration of the stay exceeds 90 days per semester from the date of the first entry, without prejudice to the provisions of Chapter II of this Title for admission for the purposes of studies, student mobility, non-working practices or services of volunteering.

If this is a stay for transit purposes, the duration of the authorised stay will be the time required to make the transit.

2. The visa requirement for a stay shall be that established by the law of the European Union or, for holders of diplomatic, official or service passports, which have the international agreements entered into by Spain.

3. In cases where the status of stay requires a visa, it must be carried out within its period of validity.

Section 1. Requirements and procedure

Article 29. Short-stay visas. Classes.

Short-stay visas may be:

(a) Uniform visa: valid for transit through the Schengen Area for a period not exceeding the time required to carry out such transit or for the stay in that Schengen Area up to a maximum of 90 days per semester. It may allow one, two or multiple transits or stays for which the total duration may not exceed 90 days per semester.

Only in the cases provided for in Article 39 of the Organic Law 4/2000, of January 11, the visa of stay will authorize the holder to seek employment and apply for the authorization of residence and work in Spain during his In accordance with the terms and conditions laid down in this Regulation, the Ministry of Labour and Immigration shall complete by Order in this respect.

(b) Visado of limited territorial validity: valid for transit or stay in the territory of one or more of the States that make up the Schengen Area, but not for all of them. The total duration of transit or stay shall not exceed 90 days per semester.

Article 30. Application for short stay visas.

1. The procedure and conditions for the issue of uniform visas and limited territorial validity are governed by the provisions of European Union law.

2. In the proceedings of the proceedings, the diplomatic mission or consular post may require the applicant to appear and, where it deems necessary, maintain a personal interview to verify his/her identity, the validity of his/her documentation personal or documentation provided, the regularity of the stay or residence in the country of application, the reason, itinerary, duration of the journey and the guarantees that the applicant intends to leave the territory of the Member States prior to the expiry of the requested visa. In any case, if the applicant does not appear in person for 15 days from the request, the application will be withdrawn and the file of the procedure will be produced.

3. When the application for a visa is submitted in the form or subsated and after the procedure has been completed, the diplomatic mission or consular post at which the application is lodged shall give a reasoned decision and issue the visa.

4. In the case of a decision rejecting a failure to comply with certain of the requirements, it shall be notified by the standard form provided for by the European Union legislation and shall express the appeal against it, the body before the which should be considered and the time limit for the interposition.

5. In the event of a visa being granted, the foreigner must collect it within one month of notification, either personally or by duly accredited representative. If the collection is not carried out within the period referred to above, the person concerned shall be deemed to have waived the visa granted and the file of the file shall be produced.

Article 31. Visas issued at the external borders.

1. In exceptional cases duly accredited or entrusted by the Ministry of Foreign Affairs and Cooperation, those responsible for the police services of the Ministry of the Interior in charge of the control of the entry of persons into the territory Spain may issue uniform visas or limited territorial validity at the border.

2. A uniform or territorial validity limited visa may also be issued for the purpose of transit to the seafarer who intends to embark or disembark on a vessel in which he or she is to work or has worked as a seafarer.

3. The visas referred to in the previous two paragraphs shall be processed in accordance with the law of the European Union.

Section 2. The extension and extinction of the short stay.

Article 32. Extension of stay without a visa. Procedure.

1. A foreigner who has entered Spain for purposes other than work or residence, except in the case of being a visa holder for a job search, and is in the period of stay indicated in Article 30 of the Organic Law 4/2000, The Commission may, by 11 January, request an extension of the short stay, subject to the time limit laid down in that Article.

2. The application shall be formalised in the official models, as determined by the Secretary of State for Immigration and Emigration, and the following documents shall be accompanied:

(a) Ordinary passport or travel document, in force in excess of that of the extension of stay requested, which shall be entered in the file and returned to the data subject.

b) Accreditation of the reasons given for the application, which shall be exceptional, in the case of nationals of States to whom a visa is not required for entry into Spain.

(c) Proof sufficient that it has adequate economic means for the extension time it requests, in the terms set out in Title I.

(d) A travel assistance insurance with the same coverage as the one required for the application of the short stay visa, and with a validity equal to or greater than the requested extension.

(e) the guarantees of return to the country of origin or, where appropriate, of admission to the third State of destination, prior to the date of completion of the requested extension. It may serve as a means of proving that circumstance the contribution of a ticket acquired in the name of the applicant with a closed return date prior to the end of the requested period of stay.

3. The applicant must personally identify himself to the Office of Foreign Office, head office or Police Commissioner of the locality where he is located, when making the application or at the time of the processing in which to this effect. was required by the competent body.

4. The extension of stay may be granted by the Government's Subdelegates, Government Delegates in the Autonomous Communities, and by the Commissioner General of Foreign Affairs and Borders of the Directorate General of Police and the Civil Guard, prior to the report of the top leadership or Police Commissioner, if the following circumstances are present:

a) That the documentation be adapted to the precept in this article.

b) That the applicant is not into any of the causes:

1. Entry ban specified in Title I, because they would not have been known at the time of their entry or because they would have occurred during their stay in Spain.

2. Eject or Return.

5. The extension of stay shall be entered in the passport or travel title, or in a separate document if the person concerned has entered Spain with other documents, and shall cover the holder and the family members who, if appropriate, appear in those documents. documents and are located in Spain.

6. Decisions rejecting the extension of stay must be reasoned, they must be formally notified to the person concerned and they must be disposed of in the national territory, which must be completed before the end of the period of initial stay or, if the latter has elapsed, within the time limit laid down in the decision of refusal, which may not exceed seventy-two hours, in the manner governed by this Regulation. The period of departure shall be recorded, in accordance with the provisions of this Regulation, in the passport or travel title or in the corresponding form provided for in order to record the departure of the national territory.

Article 33. Extinction of the extension of stay.

The duration of the stay extension will be extinguished for the following reasons:

a) The course of the period for which it would have been granted.

(b) The alien is to be found in any of the causes of prohibition of entry provided for in Title I.

Article 34. Extension of the short stay visa.

1. The extension of a visa issued shall be carried out in accordance with the law of the European Union.

2. The Office of Foreign Office or the Police Commissioner of the province where the foreigner will stay will be competent for the processing of the visa extension procedure. The extension granted shall be translated into a visa sticker to be issued in the police units to be determined by the Directorate-General of the Police and the Civil Guard.

3. The extension of the visa may be granted by the Government's Subdelegates, Government Delegates in Autonomous Communities and by the Commissioner General of Foreign Affairs and Borders of the Directorate General of Police and the Guard. Civil.

4. The Directorate-General for Consular and Migration Affairs shall be competent to extend short-stay visas issued to holders of diplomatic, official or service passports for reasons of international courtesy.

Article 35. Cancellation and withdrawal of the short stay visa.

1. The cancellation and withdrawal of the uniform visa or limited territorial validity shall be carried out in accordance with the rules of the European Union.

2. The competence for the cancellation and withdrawal of the short stay visa shall be the responsibility of the Government Subdelegates, the Government Delegates in the Uniprovincial Autonomous Communities and the General Commissioner for Foreign Affairs and Borders.

The relevant procedure by the Office of Foreign Office of the Delegation or Subdelegation of the competent government shall be dealt with by the Office of Foreign Affairs of the competent government. rules of the European Union.

Section 3. First exceptional short-stay events.

Article 36. Stay in alleged entry or irregular documentation.

Exceptionally, and whenever there are humanitarian grounds, of public interest or international obligations, the holder of the Ministry of the Interior or the holder of the Ministry of Labour and Immigration may authorize the stay in Spanish territory, for a maximum of three months in a period of six months, to foreigners who have entered it with defective documentation or even without it or by places not authorized for that purpose.

CHAPTER II

Authorization of stay for study, student mobility, non-working practices or volunteer services

Article 37. Definition.

1. It shall be the holder of an authorization to stay abroad which has been authorised to remain in Spain for a period exceeding ninety days for the sole or principal purpose of carrying out any of the following activities of a non- work:

(a) Realisation or extension of studies in an approved teaching centre in Spain, in a full-time programme, leading to the achievement of a degree or certificate of study.

b) Realization of research or training activities, without prejudice to the special regime of researchers.

c) Participation in a student mobility programme, to pursue a secondary school and/or a baccalaureate programme in an officially recognised teaching or scientific centre.

d) Realization of non-work practices in a public or private body or entity.

e) Provision of a volunteer service within a program that pursues objectives of general interest.

2. The visa of studies shall incorporate the authorisation of stay and enable the foreigner to stay in Spain in a situation of stay for the performance of the activity in respect of which it has been granted.

3. The duration of the stay shall be equal to that of the activity in respect of which the authorisation was granted, subject to the maximum limit of one year, without prejudice to Article 40 of this Regulation.

Article 38. Requirements for obtaining the visa.

Are requirements for obtaining a study visa:

1. In general terms and for all the assumptions provided for in the previous Article:

(a) Requirements to be assessed by the Diplomatic Mission or Consular Office:

1. º If the foreigner is a minor, and when he does not come accompanied by his parents or guardians and is not under the assumption of Article 189, be authorized by these for the displacement to Spain for the purpose of carrying out the the activity concerned, with a record of the centre, organisation, entity and body responsible for the activity and the planned period of stay.

2. Be guaranteed the necessary financial means to pay for the expenses of stay and return to your country, and, where appropriate, those of your relatives, according to the following amounts:

For support, an amount that represents 100% of the IPREM monthly, unless it is properly credited in advance of the accommodation for all the time that the stay will last.

In the event of participation in a student mobility programme, in order to follow a secondary school and/or a baccalaureate programme in an officially recognised teaching or scientific centre, the accreditation of the planned amount in the preceding paragraph, it shall be replaced by the fact that the mobility programme contains forecasts which ensure that the holding of the alien is secured within the same.

For the support of the family members who are in charge, during their stay in Spain: an amount that represents 75% of the IPREM monthly, for the first family member, and 50% of the IPREM for each of the other persons to integrate the family unit in Spain, unless it is properly credited in advance for the accommodation for the duration of the stay.

Not to be computed, for the purpose of ensuring such support, the amounts used or to be used to cover, where appropriate, the cost of the studies, the mobility programme or non-working practices.

3. º Haber paid the fee for processing the procedure.

4. Contar with a public insurance or a private health insurance agreement with an insurance entity authorized to operate in Spain.

5. When the length of stay exceeds six months, it will be required, in addition:

Do not suffer from any of the diseases that may have serious public health impacts in accordance with the provisions of the International Health Regulations 2005.

When it comes to older applicants of criminal age, they lack criminal records in their previous countries of residence for the last five years, for crimes foreseen in the Spanish law.

(b) Requirement to be assessed by the Office of Foreign Affairs: in the case of older applicants of criminal age and for stays of more than six months, who lack criminal records in Spain, for the last five years.

2. In addition to the general requirements laid down in the previous paragraph, the following specific requirements shall be fulfilled for each of the expected stay-at-home situations, to be assessed by the Office of Foreign Affairs:

(a) Realization or extension of studies: having been admitted to an approved teaching centre in Spain, for the completion of a full-time programme, leading to the achievement of a diploma or certificate of studies.

b) Realization of research or training activities: having been admitted to an officially recognized center in Spain for the performance of these activities. In the case of research activities, such a centre shall be a University, a centre of the Scientific Research Council or another public or private institution of R & D.

c) Participation in a student mobility programme, to pursue a secondary school and/or a baccalaureate programme in an officially recognised teaching or scientific centre:

1. º Haber has been admitted to a secondary and/or officially recognized high school and/or scientific school.

2. º Haber was admitted as a participant in a student mobility program, carried out by an officially recognized organization for this.

3. The student mobility organisation will be responsible for the student during his/her stay, in particular as regards the cost of his/her studies, as well as the costs of staying and returning to his/her country.

4. Being hosted by a family or institution during their stay, under the conditions of the standard set, and which will have been selected by the organization responsible for the student mobility program in which it participates.

(d) Realization of non-working practices, in the framework of an agreement signed with a public or private body or entity: having been admitted for the performance of unpaid practices, on the basis of the signing of an agreement, in a public or private enterprise or an officially recognised vocational training centre.

e) Provision of a volunteer service:

1. Submit an agreement signed with the organization responsible for the volunteer program, which includes a description of the activities and the conditions to perform them, the schedule to be fulfilled, as well as the resources available to cover your travel, maintenance and accommodation during your stay.

2. That the organization has subscribed to civil liability insurance for its activities.

Article 39. Procedure.

1. The application shall be submitted in person, in an official format, to the Spanish diplomatic mission or consular post in whose demarcation the foreigner resides.

2. The application shall be accompanied by the following documents:

a) Passport in force or travel title, recognized as valid in Spain, with a minimum term of the period for which the stay is requested.

(b) The documentation certifying compliance with all the requirements set out in the previous article, depending on the particular case in which the application is based.

Without prejudice to this, the absence of a criminal record in Spain will be checked by the Administration.

3. The consular post shall require, by electronic means, a resolution of the Delegation or Subdelegation of the competent Government on the authorisation of stay.

The Government Delegation or Subdelegation shall be competent in the province in which the activity is to be initiated.

Prior to issuing a resolution on the authorisation to stay, the Government Delegation or Subdelegation will require a police report, the content of which will be assessed in the context of its decision.

The maximum period for resolving the authorization shall be seven days from the receipt of the application, after which, without having obtained an answer, the meaning of the application shall be deemed to be favourable.

4. If the decision on the authorisation to stay is unfavourable, the diplomatic mission or consular post shall notify the person concerned of the meaning of the decision, informing him in writing in the same document of the administrative and judicial resources. the bodies before which they are to be brought and the time limits laid down for that purpose. The diplomatic mission or consular post shall also resolve the file of the visa procedure.

5. Where appropriate, the authorisation to stay shall be granted by the diplomatic mission or consular post and shall, where appropriate, issue the visa. The duration of the visa shall be equal to the period of the authorised stay, except in the cases where the issue of the Foreign Identity Card applies.

Visa will be denied:

(a) Where appropriate, when criminal records have been established by the applicant in his previous countries of residence during the last five years for offences under Spanish law.

b) When, in order to substantiate the request, false or inaccurate allegations have been filed, and mean bad faith.

(c) Where a legally intended cause of inadmission to processing is present that would not have been appreciated at the time of receipt of the application.

6. In the event of a visa being granted, the foreigner must collect it within two months of notification. If the collection is not carried out, the person concerned shall be deemed to have waived the visa granted and the file of the procedure shall be produced.

7. If the stay is longer than six months, the foreigner must apply for the corresponding Foreign Identity Card within one month of the effective entry into Spain.

Article 40. Extension.

1. The authorization to stay may be extended annually if the person concerned shows that he continues to meet the requirements laid down in Article 38, both in general and in specific terms, for the activity for which he was authorised. to remain in Spain.

In your case, you will also have to prove that you have passed the relevant tests or requirements for the continuity of your studies or that the research developed abroad progresses. This requirement may be established by carrying out studies or investigations in the territory of another Member State of the European Union, in the framework of temporary programmes promoted by the Union itself.

2. The extension shall be requested, in official form, during the sixty calendar days prior to the date of expiry of the validity of the authorization, addressed to the Delegation or Subdelegation of the Government in the province of development of the activity. The submission of the application within this period shall extend the validity of the prior authorisation until the decision of the procedure. It shall also be extended until the decision of the procedure in the case where the application is submitted within 90 calendar days after the date on which the validity of the previous authorisation was completed, without prejudice to the the opening of the relevant sanctioning procedure for the offence in which it was incurred.

The application may be filed in the places provided for in Article 38.4 of Law 30/1992 of 26 November 1992, of the Legal Regime of the Public Administrations and the Common Administrative Procedure, or in accordance with the provisions of established in Law 11/2007, of 22 June, on the electronic access of citizens to public services.

Article 41. Family members of the holder of an authorisation to stay.

1. Relatives of foreigners who have applied for a study visa or are in Spain in accordance with the provisions of this chapter may apply for the corresponding stay visas to enter and stay legally in Spain during the course of the year. the duration of their stay, without requiring a prior period of stay abroad to the holder of the study visa.

2. The term family shall be understood as referring to the spouse, a couple of fact, and children under eighteen years of age or who have a disability and are not objectively capable of providing for their own needs due to their state of health.

The requirements to be credited for granting the family visa will be as follows:

1. º that the foreigner is in a situation of stay in force as foreseen in this chapter.

2. No such foreigner has sufficient economic means for the maintenance of the family unit.

3. The family or kinship link between the two is credited.

3. Family members who have the visa referred to may remain legally in Spanish territory for the same period and with the same situation as the holder of the main authorisation. Their stay shall be in any case linked to the status of the holder of the main authorisation.

If your stay is longer than six months, you must apply for the corresponding Foreign Identity Card within one month of your entry into Spain.

4. Family members shall not be allowed to obtain the authorisation for the performance of gainful activities referred to in the following

.

Article 42. Work of holders of a stay authorization.

1. Foreigners who have the corresponding authorisation to stay for studies, research or training, non-working practices or voluntary services may be authorised to carry out work activities in public institutions or private entities where the application for work authorisation and the requirements referred to in Article 64, except paragraph 2.b) and paragraph 3 (a), are submitted by the employer as a legitimate subject.

They may also be authorised to carry out activities on their own account, provided that the requirements laid down in Article 105 are met, except for paragraph 2.b) and 3.e).

Such activities must be compatible with the performance of those for which the authorisation to stay was granted on the main basis. The income obtained shall not be of a resource necessary for its livelihood or stay, nor shall it be considered in the framework of the procedure for the extension of the stay.

Where appropriate, no authorisation shall be required for those non-working practices in public or private entities which are part of the curriculum for which the authorisation of stay was granted and which occur in the framework of the relevant collaboration agreements between those entities and the teaching or scientific centre concerned.

2. Contracts must be formalised in writing and shall be in accordance with the form of a part-time work contract. In the case of fulltime, or in the case of self-employed full-time activities, the duration of such activities may not exceed three months or coincide with the periods in which the studies, the research, the non-working practices are carried out. work or volunteer service.

3. The authorisation granted shall not have any geographical limitations, unless the gainful activity coincides with periods of study, research, non-working practices, or voluntary service.

There will also be no geographical limitations of the authorization when, despite its coincidence with the period of the realization of the main activity, it is established that the form of organization of the labor activity will allow its compatibility with the achievement of that by not requiring continuous displacements.

The limitation of the geographical scope of the authorization to work, if established, will coincide with the territorial scope of the holder's stay.

The geographical scope of the authorisations may be excepted provided that the location of the centre of work or the centre in which the activity is carried out on its own does not involve continuous displacements which assume the breach of the compatibility requirement with the main purpose for which the stay authorization was granted.

When the employment relationship starts and develops in the territorial scope of a single Autonomous Community and has been transferred to the executive competence of the processing and resolution of the initial authorizations of work The competent authorities of the Autonomous Community shall be responsible for the admission, processing, decision-making of applications and, where appropriate, administrative resources.

4. The validity of the authorization to work shall coincide with the duration of the contract of employment or, where appropriate, the duration of the contract for the self-employed activity. Such validity shall in no case be higher than that of the duration of the authorisation to stay. The loss of validity of the stay authorization will be cause of extinction of the authorization to work.

The authorisations to work will be extended if the circumstances that led to the previous concession remain, as long as the extension of the stay authorisation has been obtained.

Article 43. Special arrangements for specialisation studies in the field of health.

Foreigners holding a Spanish degree or graduate in medicine, pharmacy, nursing or other university degrees who enable to participate in the annual calls for selective testing for access to In the case of a specialised health training place, they will be able, if they obtain a place, to carry out work activities as provided for in Royal Decree 1146/2006 of 6 October, which regulates the special employment relationship for the training of specialists in Health Sciences, without the need for them to be corresponding job authorization.

The provisions of the foregoing paragraph shall be without prejudice to the need for communication of this circumstance to the competent Foreign Office.

Equal possibility is established in relation to foreign nationals who hold a foreign title duly recognized or approved to those provided for in the first paragraph of this article, as well as the above requirements.

The consular post of its place of residence may issue the visa for studies after verification that they have been awarded as a place in the specialisation studies referred to in the first subparagraph.

Article 44. Mobility within the European Union.

1. Any foreign student who has been admitted for the performance or extension of studies in another EU Member State may apply for a course or complete part of his/her studies in Spain, not being required to obtain a visa.

The foreign student may be accompanied by the members of his/her family on the terms set out in Article 41 of this Regulation.

2. The application may be submitted at any time prior to entry into Spanish territory and no later than one month after the entry into the Spanish territory.

It shall be submitted to the Office of Foreign Affairs of the province in which the educational establishment is located, to the Spanish consular post corresponding to the place of residence in the European Union or to the the Office of Foreign Affairs itself.

3. The application shall be accompanied by the following documentation.

(a) Supporting documentation of his/her status as a student in another EU Member State.

(b) Supporting documentation of compliance with the requirements set out in Article 38 (1) and (2) (a)

4. The Office of Foreign Affairs shall process the application and shall notify the decision within a maximum of one month.

5. Granted, if necessary, the authorization, the foreigner must enter Spain within the maximum period of three months from the notification of the decision, not to be already in Spanish territory.

6. In the case of a stay of longer than six months, the foreign identity card, to the Office of Foreign Office or the Police Commissioner concerned, shall be requested by the Foreign Office personally within a period of time. month from the notification of the decision or, where applicable, the entry into Spain.

TITLE IV

Temporary Residence

Article 45. Definition and assumptions of temporary residence.

1. Is in the situation of temporary residence abroad who is authorised to remain in Spain for a period of more than 90 days and less than five years, without prejudice to the conditions of residence for study, mobility of pupils, non-working practices or voluntary services.

2. Foreigners in temporary residence shall be subject to one of the following types of authorisation:

a) Non-profit temporary residency authorization.

b) Authorization of temporary residence by family reunification.

c) Authorization of temporary residence and employment.

d) Authorization of temporary residence and work for research.

e) Authorization of temporary residence and work of highly qualified professionals with a blue-EU card.

f) Authorization of temporary residence and work for an employed person of a given duration.

g) Authorization of temporary residence and self-employment.

h) Authorization of temporary residence and work in the framework of transnational services.

i) Temporary residency authorization with exception of the work authorization.

CHAPTER I

Non-profit temporary residence

Article 46. Requirements.

For the granting of an initial authorisation of temporary residence without carrying out work or professional activities, as well as the corresponding visa, the foreign applicant shall meet the following requirements:

a) Not to be irregularly in Spanish territory.

(b) In the event that the applicant is a criminal age, he has no criminal record in Spain and in the previous countries where he has resided for the last five years, for crimes under Spanish law.

(c) Not appear as being rejected in the territorial space of countries with which Spain has signed an agreement in this regard.

d) Contar with sufficient financial means to meet your living and subsistence expenses, including, where appropriate, those of your family, during the period of time for which you wish to reside in Spain, and without to develop any work or professional activity, in accordance with the provisions of this section.

e) Contar with a public insurance or a private health insurance agreement with an insurance entity authorized to operate in Spain.

(f) Not to be found, if appropriate, within the time limit of commitment of no return to Spain that the foreigner has assumed upon returning voluntarily to his country of origin.

g) Do not suffer from any of the diseases that may have serious public health impacts in accordance with the provisions of the International Health Regulations 2005.

h) Haber paid the fee for processing the procedures.

Article 47. Economic means to credit for obtaining a temporary residence permit.

1. Foreigners who wish to reside in Spain without performing a job or gainful activity must have sufficient financial means for the period of residence they apply for, or credit a source of periodic income collection, for and, where applicable, their family, in the following amounts, which are set as a minimum and referred to at the time of application for the visa or renewal of the authorisation:

(a) For the purpose of holding, during their residence in Spain, an amount representing EUR 400% of the IPREM monthly in euro or its legal equivalent in foreign currency.

b) For the support of each of the family members in charge, during their residence in Spain, an amount that represents monthly in euros 100% of the IPREM, or its legal equivalent in foreign currency, amount to credit in addition to that referred to in point (a) above.

2. In both cases, the overall amount of economic means shall be the provision of the monthly amount calculated on the basis of the preceding paragraph, in relation to the duration of the authorisation requested.

3. The availability of sufficient economic resources shall be demonstrated by the presentation of the documentation to verify the perception of periodic and sufficient income or the possession of a patrimony that guarantees such perception of revenue.

Availability may be credited by any means of proof accepted in law, including the provision of title deeds, certified checks or credit cards, which must be accompanied by a certificate. bank to credit the amount available as credit for the said card.

If the economic means come from shares or units in Spanish, mixed or foreign companies located in Spain, the person concerned shall, by means of certification, prove that he does not carry out any labour activity in Spain. such undertakings, and shall make such an affidavit.

Article 48. Procedure.

1. A foreigner who wishes to reside temporarily in Spain without carrying out work or professional activities must personally request the corresponding visa, according to the official model, in the Spanish diplomatic mission or consular post of his Demarcation of residence. The Ministry of Foreign Affairs and Cooperation, if justified, may determine another diplomatic mission or consular post in which the request is to be made.

The application for the visa shall be that of the temporary non-profit residence permit.

2. The application must accompany:

a) Passport in force or travel title, recognized as valid in Spain, with a minimum term of one year.

(b) A certificate of criminal records, or equivalent document, in the case of a higher criminal age applicant, issued by the authorities of the country of origin or of the country or countries in which he has resided for the last five years; and to demonstrate compliance with the requirement laid down in Article 46 (b).

(c) Documents certifying compliance with the requirements laid down in Article 46 (d) and (e).

(d) A medical certificate certifying compliance with the requirement laid down in Article 46 (g).

3. The application shall be recorded in the visa system of the relevant application, so that the Delegation or Subdelegation of the Government in whose demarcation the residence applies for the foreign residence is on record of the application submitted, as well as the accompanying documentation as regards the requirements to be assessed.

4. The Delegation or Subdelegation of the Government shall, within a maximum of one month from the receipt of the request, decide to grant or refuse the authorization of residence upon assessment of compliance with the requirements laid down in the (f) Article 46 (f), as well as that provided for in Article 46 (b) in respect of the lack of a criminal record in Spain.

To this effect, it will collect the report of the competent services of the Directorate General of the Police and the Civil Guard in matters of security and public order, as well as that of the Central Register of Penados.

The Government Delegation or Subdelegation shall record the resolution in the relevant application, for knowledge by the Ministry of Foreign Affairs and Cooperation and by the consular post or diplomatic mission corresponding. The effectiveness of the authorisation shall be subject to the issue, where appropriate, of the visa and the effective entry of the foreign country into national territory.

5. If the decision is unfavourable, and if it is not communicated within one month, the diplomatic mission or consular post shall notify the person concerned of the decision. The diplomatic mission or consular post shall also resolve the file of the visa procedure.

6. Granted, where appropriate, the authorisation, the diplomatic mission or consular post shall resolve and issue the visa, after assessment of the fulfilment of the requirements laid down in Article 46 (a), (c), (d), (e) and (g) and of the provisions of the (b) in respect of the lack of a criminal record in previous countries of residence abroad and the one referred to in paragraph (h) in respect of the fees for processing the authorisation procedure.

Visa will be denied:

(a) Where the fulfilment of the requirements laid down in Article 46 is not accredited, the assessment of which corresponds to the diplomatic mission or consular post.

(b) Where, in order to substantiate the visa application, false or inaccurate claims have been filed, or are in bad faith.

(c) Where a legally intended cause of inadmission to processing is present that would not have been appreciated at the time of receipt of the application.

7. Where appropriate, the applicant shall, where appropriate, be notified within one month of the granting of the visa. If this is not the case, the person concerned shall be deemed to have waived the visa granted, and the file of the procedure shall be produced.

8. Also, once the visa has been collected, the applicant must enter the Spanish territory, in accordance with the provisions of Title I, within the term of validity of the visa, which shall in no case be more than three months.

Once the entry has been made, you must personally request, within one month, the Foreign Office or Police Commissioner, the Foreign Identity Card. Such a card shall be issued by the time limit for the validity of the temporary residence permit and shall be withdrawn by foreign nationals.

Article 49. Effects of the visa and duration of the initial residence permit.

1. The visa to be issued shall incorporate the initial authorization of residence, and the validity of the authorization shall begin from the date on which the entry is made in Spain, which shall be compulsorily entered in the passport or travel title.

2. The initial authorisation of temporary residence shall be one year.

Article 50. Visas and residence permits of an extraordinary nature.

1. The Ministry of Foreign Affairs and Cooperation, in order to attend to extraordinary circumstances and attention to the fulfillment of the foreign policy objectives of the Kingdom of Spain and other Spanish or European Union public policies, in Spain's immigration policy, economic policy and national security policy, public health or international relations, may order a diplomatic mission or consular post to issue a residence visa.

2. The Directorate-General for Consular and Migratory Affairs shall inform the Secretariat of State of Immigration and Emigration of that issue and shall transmit copies of the documents referred to in Article 48.2 (a), (b) and (d) of this Regulation, for the purpose of granting the person concerned, after reporting by the holder of the Secretary of State for Security, an extraordinary authorisation of residence.

Article 51. Renewal of the temporary non-profit residence permit.

1. A foreigner wishing to renew his/her authorization of temporary residence must apply to the Office of Foreign Office competent for processing during the sixty calendar days prior to the date of expiration of the validity of his authorization. The submission of the application within this period extends the validity of the prior authorisation until the decision of the procedure. It shall also be extended until the decision of the procedure in the case where the application is submitted within 90 calendar days after the date on which the validity of the previous authorisation was completed, without prejudice to the the opening of the relevant sanctioning procedure for the offence in which it was incurred.

2. For the renewal of a non-profit temporary residence permit, the foreign applicant shall meet the following requirements:

(a) Be the holder of a temporary non-profit residence permit in force or be found within 90 calendar days after the expiration of the period.

b) Contar with sufficient financial means to meet your living and subsistence expenses, including, where appropriate, those of your family, during the period of time for which the renewal corresponds, without the need to develop no work or professional activity, in accordance with the terms laid down in Article 47.

c) Contar with a public insurance or a private health insurance agreement with an insurance entity authorized to operate in Spain.

d) To have children under their age of compulsory schooling during their stay in Spain.

e) Haber paid the fee for processing the procedure.

3. The application shall, in official form, accompany the documentation certifying that the requirements set out in the previous paragraph are met, inter alia:

a) Copy of the complete passport in force or travel title, recognized as valid in Spain.

(b) Documents certifying the economic resources or the economic means sufficient to cover their living and subsistence expenses, as well as sickness insurance, during the period of time for which they are intended renew the residence in Spain without the need for any work or professional activity.

(c) Where appropriate, a report issued by the competent regional authorities certifying the schooling of the children of compulsory schooling who are in their care.

4. If, on the basis of the documentation submitted in addition to the application, the schooling of the children of compulsory schooling under the responsibility of the applicant is not accredited, the Office of Foreign Affairs shall put this in the knowledge of the competent educational authorities, and shall expressly and in writing notice to the foreign applicant that in the event of no schooling and the corresponding report is submitted within 30 days, the authorization will not be renewed.

5. The renewal of the authorisation shall be assessed, where appropriate, upon request for the trade of the relevant reports:

(a) The possibility of renewing the residence permit for foreigners who have been convicted of a crime and have served the sentence, those who have been pardoned or are in a situation of conditional remission of the penalty or suspension of the penalty.

b) Non-compliance with foreign obligations in tax and social security matters.

6. The integration effort of the foreign country accredited by the positive report of the Autonomous Community of its place of residence shall also be assessed.

Such an integration effort may be claimed by the foreigner as information to be assessed in case of failure to prove compliance with any of the requirements for renewal of the authorization.

The report will have as minimal content the certification, if any, of the active participation of the foreigner in training actions aimed at the knowledge and respect of the constitutional values of Spain, the values The European Union, the European Union, the European Union, the European Union, the European Union, the European Union, the European Union, the European Union, the European Union, the European Union, the European Union, the European Union, the European Union, the European Union, the European Economic and of the place of residence. In this sense, the certification will make express mention of the training time dedicated to the areas mentioned.

The report will take into consideration the training actions developed by private entities duly accredited or by public entities.

7. The renewed temporary residence permit shall be valid for two years, unless it is appropriate to obtain a long-term or long-term residence permit.

8. The decision shall be notified to the person concerned. In the event that the administration does not expressly resolve within three months of the submission of the application, the resolution shall be deemed to be favourable.

9. Within one month of the notification of the resolution renewing the authorisation, the holder shall request the renewal of the Foreign Identity Card.

CHAPTER II

Temporary Residency by Family Repool

Article 52. Definition.

It is in a situation of temporary residence because of family reunification abroad that has been authorized to remain in Spain under the right to family reunification exercised by a resident foreigner.

Article 53. Regrouping relatives.

The foreigner will be able to regroup with him in Spain the following relatives:

(a) Your spouse, as long as you are not separately in fact or in law and that the marriage has not been held in law fraud.

In no case can you regroup more than one spouse, even if the foreign law admits this marriage.

A resident alien who is married in second or later marriage may only regroup with him to the new spouse and his or her family members if he/she credits the dissolution of their previous marriages after a a legal procedure to determine the situation of the former spouse and his/her family members in relation to the common housing, the pension to the spouse and the food for the minor or dependent children.

b) The person who maintains with the regroup a relationship of affectivity analogous to the conjugal. For the purposes set out in this Chapter, the relationship of the same affectivity to the spousal shall be considered to be:

1. No such relationship is entered in a public record established for those purposes, and no such registration has been cancelled; or

2. º The validity of an unregistered relationship, constituted with a prior character at the beginning of the residence of the regrouping in Spain. For such purposes, without prejudice to the possible use of any evidence-based means of evidence, the documents issued by a public authority shall have a prevalence.

It will be applicable to this assumption, in relation to the spouse, in the second and third paragraphs of point (a) of the previous paragraph. The situations of marriage and the analogous relationship of affectivity shall be incompatible for the purposes of this chapter.

(c) Your children or those of your spouse or partner, including those adopted, provided that they are under eighteen years of age at the time of application for the residence permit in their favour or have a disability and are not objectively able to provide their own needs due to their health status.

In the case of children of only one of the spouses or members of the couple, it is also necessary for the couple to exercise their parental authority or to be granted custody and are effectively in charge.

In the case of adopted children, it must be established that the resolution agreed to the adoption brings together the necessary elements to produce effects in Spain.

(d) Those legally represented by the regrouping, when they are under eighteen years of age at the time of application for the residence permit in their favour or have a disability and are not objectively capable of providing their own needs due to their state of health, where the legal act of which the representative powers arise is not contrary to the principles of the Spanish legislation.

e) Your first-degree relatives, or those of your spouse or partner, when they are in charge, are older than sixty-five years and there are reasons to justify the need to authorize your residence in Spain.

Exceptionally, when humanitarian reasons are present, it may be possible to regroup up to the age of sixty-five years old who meet the remaining requirements set out in the preceding paragraph.

Humanitarian reasons shall be considered to be present, among other cases, when the ascendant conviviera with the regrouping in the country of origin at the time when the latter obtained his authorization; when the ascendant is incapable and their protection is granted by the competent authority in the country of origin to the resident alien or to his/her spouse or regrouped partner; or where the ascending person is not objectively capable of providing for his/her own needs.

Also, humanitarian reasons will be considered to be present when the parent of the regrouping, or of his spouse or partner, is a spouse or partner of the other ascending, being the latter over sixty-five years. In this case, applications for authorization of residence for family reunification may be submitted jointly, although the application of the derogation from the age requirement for the parent under the age of 60 and five years shall be conditional on the authorization of the other ascending to be granted.

When the competent body to resolve the procedure has doubts about the concurrence of another reason except for the requirement it will raise prior consultation with the Directorate General of Immigration.

Family members shall be deemed to be in charge of the regrouping when they prove that, at least during the last year of their residence in Spain, they have transferred funds or incurred expenses from their family member, representing at least 51% of the gross domestic product per capita, in annual computation, of the country of residence of the latter, as established, in terms of indicators on income and economic activity by country and type of indicator, by the National Statistics Institute.

Article 54. Economic means to be accredited by a foreigner for obtaining a residence permit by regrouping in favor of their family members.

1. A foreign person applying for a residence permit for the reunification of his/her family must attach at the time of filing the application for such authorization the documentation certifying that sufficient financial means are available to (a) to meet the needs of the family, including health care in the event of not being covered by the Social Security in the amount which, as a minimum and referred to at the time of application for authorization, is expressed to continuation, in euro, or its legal equivalent in foreign currency, according to the number of persons request to regroup, and also taking into account the number of relatives already living with him in Spain in his capacity:

(a) In case of family units that include, counting the regrouping and arriving in Spain the person regrouped, two members: an amount that represents monthly 150% of the IPREM will be required.

b) In case of family units that include, upon arrival in Spain the person regrouped, more than two persons: an amount that represents monthly 50% of the IPREM for each additional member.

2. Authorisations shall not be granted if it is determined that there is no prospect of maintenance of the economic means during the year after the date of submission of the application. In such a determination, the forecast for the maintenance of a source of income during that year shall be assessed taking into account the evolution of the regrouping means in the six months prior to the date of submission of the application.

Where the application for a residence permit by family reunification is submitted simultaneously to the renewal of the authorization for which the regrouping is the holder, the verification of the evolution of the The means of the application shall be made by the Office of Foreign Affairs in the six months prior to the date of filing of the application.

3. The requirement for such an amount may be reduced when the regrouped family member is a minor, when exceptional circumstances have been established which give the person the right to give the sentence on the basis of the principle of the best interests of the child, established in Organic Law 1/1996, of 15 January, of Legal Protection of the Child, and the remaining legal and regulatory requirements for the granting of the residence permit by family reunification are met.

Similarly, the amount may be reduced in relation to the regrouping of other relatives for humanitarian reasons assessed in relation to individual cases and prior to the favourable report of the Directorate-General for Immigration.

4. The income from the social assistance system, but the income of the spouse or partner of the regrouping abroad, as well as another relative in the first grade, is not to be eligible for this purpose. resident in Spain and living with it.

5. Without prejudice to the submission of any document or evidence which, in the opinion of the applicant, justifies the provision of the means, it may provide the following documentation:

(a) In case of gainful activity for an employed person:

1. Copy of the work contract.

2. º Declaration, if any, of the Income Tax of the Physical Persons corresponding to the previous year. Such a declaration shall be the one for the penultimate year in the event that the time limit for submitting the last annuity has not expired.

b) In case of self-employed gainful activity:

1. º Accreditation of the activity you develop.

2. º Declaration, if any, of the Income Tax of the Physical Persons corresponding to the previous year. Such a declaration shall be the one for the penultimate year in the event that the time limit for submitting the last annuity has not expired.

c) In case of no gainful activity in Spain: certified cheques, travel checks or letters of payment or credit cards, accompanied by a bank certification of the amount available as credit to the Cited card or bank certification.

6. If an activity is to be carried out on behalf of an employed or self-employed person, the Office of Foreign Office shall, on its own initiative, verify the information relating to membership and discharge in the relevant system of the social security of the applicant, and, where applicable, the listing databases.

Article 55. Requirement on adequate housing to be accredited by a foreigner for obtaining a residence permit by regrouping in favor of their family members.

1. A foreigner applying for residence authorization for the reunification of his family shall be attached at the time of lodging the application for a report issued by the competent authorities of the Autonomous Community of the place of residence of the regroup for the purposes of accrediting that it has adequate housing to meet its needs and those of its family.

2. The Autonomous Community shall issue the report and notify the person concerned within the maximum period of 30 days of the request. At the same time and by electronic means, the report shall be transferred to the competent Foreign Office.

For such purposes, you may consult the City Council where the regrouping has its usual address on the information that may be included in the information relating to the adequacy of the dwelling.

3. The above report may be issued by the local Corporation in which the foreign national has his place of residence when it has been established by the competent Autonomous Community, provided that this has been previously brought to the attention of the Secretary of State for Immigration and Emigration.

Where appropriate, the Local Corporation report shall be issued and notified to the data subject within thirty days of the date of the application. At the same time and by electronic means, the report shall be transferred to the competent Foreign Office.

4. In the event that the report has not been issued in time, which shall be duly accredited by the data subject, this requirement may be justified by any means of evidence admitted in law.

5. In any case, the report or the documentation presented in its replacement must at least refer to the following: title to enable the housing occupation, the number of rooms, the use of which is intended for each of the housing dependencies, number of people living in it and conditions of habitability and equipment.

The title to be used for the occupation of the dwelling shall be understood as referring to the regrouping or any other person who is part of the family unit on the basis of a parentage of the conditions set out in Article 17 of the Organic Law 4/2000, of January 11.

Article 56. Procedure for the authorization of residence by family reunification.

1. The application for family reunification may be filed where the applicant is authorised to reside in Spain for at least one year and has applied for authorization to reside for at least another year, with the following: exceptions:

(a) The regrouping must be the holder of a long-term or long-term residence permit granted in Spain for the regrouping of his relatives or the ascendants of his spouse or partner of done.

The application may be submitted when the long-term residence or long-term residence permit has been applied for.

b) Foreigners resident in Spain on the basis of their previous status as long-term EU residents in another EU Member State, holders of a blue-EU card or beneficiaries of the special scheme of investigators may submit the application for authorisation in favour of their family members without being subject to the requirement that they have legally resided in Spain for one year.

In any event, the regroupable family member's authorization of residence may not be granted until, in the light of the situation of the regrouping for the exercise of the right, the effective renewal has not occurred. of the authorisation of the regrouping, granted its long-term residence permit or long-term residence permit-EU or granted its initial authorisation of residence in Spain.

2. A foreign person wishing to exercise the right of family reunification shall, in person with the Office of Foreign Office responsible for processing, request a temporary residence permit in favour of the members of his/her family wishing to regroup.

The regrouping of family members of foreign long-term residents of the EU in another EU Member State may be presented by the family members themselves, providing proof of residence as a member of the family of the long-term EU resident in the first Member State.

3. The application, to be completed in an official format, shall be accompanied by the following documentation:

a) Relating to regroup:

1. Copy of the passport, travel document or registration card of the applicant in force, upon display of the original document.

2. A certified copy of documentation showing that there is sufficient employment and/or economic resources to meet the needs of the family, including health care, in the event of not being covered by the Social security, in accordance with the provisions of Article 54 of this Regulation.

3. The original documentation that shows the availability, by the regrouping, of adequate housing to meet the needs of the regrouping and the family, and that it will be their usual dwelling, according to the established in Article 55 of this Regulation.

4. In cases of spouse or partner regrouping, affidavit of the regrouping that another spouse or partner does not reside with him in Spain.

b) Relative to family regroup:

1. Full copy of the passport or travel title, in force.

2. A copy of the supporting documentation of family or family ties or the existence of the union in fact and, where appropriate, legal and economic dependence.

4. If the application is submitted in a form or subsated to the defects, the competent authority shall process it and decide as appropriate. For these purposes, it shall automatically collect the report of the competent services of the Directorate-General of the Police and the Civil Guard in matters of security and public order, as well as that of the Central Register of Penados.

5. In the event of compliance with the requirements laid down for family reunification, the competent authority shall decide to grant the authorisation of residence by regrouping, and the effectiveness of the authorisation shall be suspended until:

(a) Generally, the issuance of the visa, and the effective entry of the foreigner into national territory during the time of its validity. In this case, the grant decision shall state that the authorization shall not have its effect until the visa has been obtained and the subsequent entry into Spain of its holder.

(b) In the case of family members of long-term EU residents, holders of a blue-EU card or beneficiaries of the special scheme of researchers in another EU Member State in which the family is already The effectiveness of the authorisation shall be conditional on the effective entry of the family member into national territory, if such entry occurs after the authorisation has been granted. In this case, the entry must take place within the maximum period of one month from the notification of the granting of the authorisation, which shall be stated in the decision.

6. The resolution shall be recorded in the relevant application, so as to have access to it by the diplomatic mission or consular post in whose demarcation the foreigner resides.

7. The procedures laid down in this Article, as well as those relating to a visa and the renewal of residence permits by family reunification shall be the subject of preferential treatment.

8. The Secretariat of State for Immigration and Emigration shall transmit statistical information on applications and concessions for initial authorisations of residence for family reunification to the competent bodies in the relevant Community Autonomous, as well as to the Spanish Federation of Municipalities and Provinces for the purpose of their transfer to the corresponding Councils. The information shall be transmitted on a quarterly basis and broken down by nationality, sex and age of the regrouping, and the municipality in which the regrouping has declared its habitual dwelling.

Article 57. Processing of the visa in the family reunification procedure.

1. Within two months of notification to the applicant of the granting of the authorization, the family member to be regrouped shall, where appropriate, apply for a personal visa in the diplomatic mission or consular post in which he is demarcated. (i) The Ministry of Foreign Affairs and Cooperation, if justified, may determine the diplomatic mission or consular post other than the one in which the visa application is submitted.

Exceptionally, pursuant to the first subparagraph of paragraph 2 of the third subparagraph of the Organic Law 4/2000 of 11 January, the diplomatic mission or consular post shall accept the presentation by legally accredited representative where there are reasonable grounds for hindering the movement of the applicant, such as the remoteness of the mission or office, difficulties of transport making the journey particularly burdensome or disease or physical condition which significantly difficulties their mobility. In the case of a minor, a duly accredited representative may be requested. It shall constitute a cause of admission to the application for a visa and, where appropriate, of refusal, the fact that the foreign national is in Spain in an irregular situation, evidenced by the power of representation or by data contained in the Administration.

2. Without prejudice to the fact that the person concerned adds other documents which he considers appropriate, the visa application must be accompanied by:

(a) Ordinary passport or travel title, recognized as valid in Spain, with a minimum term of four months.

(b) A certificate of criminal record or equivalent document, in the case of an older applicant of criminal age, to be issued by the authorities of the country of origin or of the country or countries in which he has resided during the last five years and in which they must not contain convictions for offences provided for in the Spanish law.

(c) Original documentation that establishes the family or family ties or the existence of the union in fact and, where applicable, age and legal dependence.

(d) A medical certificate in order to prove that it does not suffer from any of the diseases that may have serious public health impacts in accordance with the provisions of the International Health Regulations 2005.

3. The diplomatic mission or consular post shall refuse the visa in the following cases:

(a) Where the fulfilment of the requirements for obtaining them is not proven, following the assessment of the supporting documentation of these requirements, as provided for in the previous paragraph.

b) When, in order to substantiate the request, false documents have been filed or inaccurate allegations have been made, or mean bad faith.

(c) Where a legally intended cause of inadmission to processing is present that would not have been appreciated at the time of receipt of the application.

4. The diplomatic mission or consular post, in order to comply with the requirements, shall notify the granting of the visa, if any, within the maximum period of two months. This must be collected by the applicant, personally, except in the case of minors, in which he may be picked up by his representative. If the collection is not carried out, the person concerned shall be deemed to have waived the visa granted, and the file of the procedure shall be produced.

Article 58. Entry into Spanish territory.

1. If the visa is collected, the applicant must enter the Spanish territory within the period of validity of the visa, which in no case shall be more than three months, in accordance with the provisions of Title I of this Regulation.

2. Within one month from the date of entry into Spain or, where appropriate, from the notification of the granting of the authorization, the foreigner must personally apply for the Foreign Identity Card, except in the case of minors, in which it will be requested by your representative.

3. Where the regrouping is the holder of a temporary residence permit, the validity of the residence permit of the regrouped family members shall be extended to the same date as the authorization of the holder of the regrouping at the time of the entry of the family member in Spain.

When the regrouping has the status of long-term resident or long-term EU residence in Spain, the validity of the first residence permit for the regrouped family members will extend to the date of validity of the Foreign Identity Card of the holder of the regrouping at the time of the entry of the family member in Spain. The subsequent residence authorization for the regrouped will be long-lasting.

4. The residence permit by family reunification of the spouse, the couple in fact or the regrouped child will enable the holder to work, provided that he is older, without the need to carry out any administrative formalities. Such authorization entitles them to work as an employed or self-employed person, in any part of Spanish territory, occupation or sector of activity.

Article 59. Residence of the regrouped family members, independent of the regrouping.

1. The regrouped spouse or partner may obtain an authorization of residence and independent work, when he or she meets any of the following requirements and has no debts to the tax or social security administration:

(a) Contar with sufficient economic means for the granting of a temporary non-profit residence permit.

(b) Contar with one or more contracts of employment, of minimum duration, from the time of the application, of one year, and of which a remuneration is derived not less than the monthly Minimum Interprofessional Wage, full time, by fourteen pages.

(c) Meet the requirements for the granting of a temporary residence permit and self-employment.

In the cases referred to in (b) and (c) above, the effectiveness of the residence permit and independent work shall be conditional on the production of the discharge in the event that it has not occurred before, in the case of the social security scheme, within one month of the date of notification of the decision granting the aid. If the condition is met, the validity of the authorization will be rolled back to the day immediately following the expiration of the previous authorization.

2. In addition, the regrouped spouse or partner may obtain an authorization of residence and independent work, when any of the following assumptions are made:

(a) When the conjugal link that gave rise to the situation of residence is broken, by separation of law, divorce or cancellation of the registration, or end of life as a couple, provided that the cohabitation in Spain with the spouse or regrouping for at least two years.

(b) When it is the victim of gender-based violence, once it has been given a judicial protection order or, failing that, there is a report by the Prosecutor's Office indicating the existence of indications of gender-based violence. This case will also apply if it is the victim of a crime for violent conduct exercised in the family environment, once there is a court order to protect the victim or, failing that, a report by the Ministry of Justice. Prosecutor to indicate the existence of violent conduct in the family environment.

The processing of applications submitted under this paragraph shall be of a preferential nature and the duration of the residence permit and independent work shall be five years.

c) Because of the death of the regroup.

3. In the cases provided for in the preceding paragraph, where, in addition to the spouse or partner, other family members have been regrouped, they shall retain the right of residence granted and shall be dependent, for the purposes of renewal of the authorization of residence by family reunification, of the member of the family with whom they live.

4. Children and minors on whom the regrouping holds the legal representation shall obtain an authorization of independent residence when they reach the age of majority and prove to be in one of the situations described in paragraph 1 of this Article. this article, or when they have reached the age of majority and resided in Spain for five years.

5. The regrouped ascendants may obtain an authorization of residence independent of the regrouping when they have obtained an authorization to work, without prejudice to the effects of such authorization of independent residence, for the exercise of family reunification, subject to the provisions of Article 17.3 of the Organic Law 4/2000 of 11 January.

6. The independent authorisation shall have the appropriate duration, in the light of the previous period of validity of the residence status by family reunification. In any event, the independent authorisation shall be valid for at least one year.

Article 60. Family reunification by regrouped residents.

1. Foreigners who have acquired temporary residence on the basis of a prior family reunification may, in turn, exercise the right of regrouping in respect of their own family, provided that they have a residence permit and work obtained independently of the authorisation of the regrouping and fulfil the conditions laid down for the exercise of the right to family

.

2. In the case of the ascendants, they may only exercise the right of family reunification after obtaining the long-term resident status and credit the economic solvency to meet the needs of the members of the family. their family that they intend to regroup.

3. Exceptionally, the regrouped parent who is in charge of one or more minor children or who have a disability and who are not objectively capable of providing for their own needs due to their state of health, may exercise the right of regrouping in the terms set out in paragraph 1 of this Article.

Article 61. Renewal of residence permits under family reunification.

1. The renewal of the authorisations of residence by regrouping shall be applied for in an official model within 60 calendar days before its expiry. The submission of the application within this period shall extend the validity of the prior authorisation until the decision of the procedure. It shall also be extended until the decision of the procedure in the case where the application is submitted within 90 calendar days after the date on which the validity of the previous authorisation was completed, without prejudice to the the opening of the relevant sanctioning procedure for the offence in which it was incurred.

2. The renewal of the authorization of residence by family reunification of descendants, tutored or ascending minors may be requested by the spouse or partner of the regrouping, provided that such spouse or partner is resident in Spain, part of the same family unit, and the original regrouping does not meet the requirements for renewal of the family reunification authorisation.

This shall also apply, in the case of descendants or descendants, to their other parent or guardian, provided that they are resident in Spain and without prejudice to the fact that they are part or not of the unit family.

In this case, the nature and duration of the renewed authorization will be linked to that of the spouse or partner, who will assume the regrouping condition.

3. For the renewal of a residence permit by family reunification, the following requirements must be met:

a) Relating to regrouping:

1. º That is the holder of a residence permit by family reunification in force or is within the period of the ninety calendar days after the expiration of the residence.

2. The maintenance of the family or kinship link or the existence of the union in fact on which the grant of the authorisation to renew was founded.

3. To be in school for minors under the age of compulsory schooling during their stay in Spain.

4. º Haber paid the fee for processing the procedure.

b) Relating to regroup:

1. º That is the holder of a residence authorization in force or is within the period of the ninety calendar days after the expiration of the authorization.

2. º that has sufficient employment and/or economic resources to address the needs of the family, including health care not to be covered by Social Security, in an amount that represents monthly 100% of the IPREM.

To these effects, the income from the welfare system will be computable and will result from application as provided for in Article 54.3 of this Regulation.

3. That you have adequate housing to meet your needs and those of your family, and that it will be your usual home.

This circumstance shall be credited: if there is no change of domicile in relation to the accredited to obtain the initial authorization of temporary residence by family reunification, with the presentation of a document that accredit the validity of the occupation title; in the event of a change of domicile, in accordance with Article 55 of this Regulation.

In both cases, the title to be used for the occupation of the dwelling shall be understood as referring to the regrouping or any other person who is part of the family unit on the basis of a parentage of the statements in the Article 17 of the Organic Law 4/2000 of 11 January.

4. The application shall, in official form, accompany the documentation certifying that the requirements set out in the previous paragraph are met, inter alia:

a) Copy of the complete passport in force or travel title, recognized as valid in Spain, regrouped and regrouping.

b) Where appropriate, evidence of the validity of the marriage or of the relationship of the same affectivity to the spousal.

(c) Documents certifying that the regrouping meets the requirements set out in points 2. 3 and 3. of paragraph 3.b.)

(d) Where appropriate, a report issued by the competent regional authorities certifying the schooling of the compulsory school children in their care.

5. If, on the basis of the documentation submitted in addition to the application, the schooling of the children of compulsory schooling under the responsibility of the applicant is not accredited, the Office of Foreign Affairs shall put this in the knowledge of the competent educational authorities, and shall expressly and in writing notice to the foreign applicant that in the event of no schooling and the corresponding report is submitted within 30 days, the authorization will not be renewed.

6. For the renewal of the authorisation, the following shall be assessed, where appropriate, upon request for the trade of the relevant reports:

(a) The possibility of renewing the residence permit for foreigners who have been convicted of a crime and have served the sentence, those who have been pardoned or are in a situation of conditional remission of the penalty or suspension of the penalty

(b) Failure to comply with the obligations of the applicant in tax and social security matters.

7. The integration effort of the foreign country accredited by the positive report of the Autonomous Community of its place of residence shall also be assessed.

Such an integration effort may be claimed by the foreigner as information to be assessed in case of failure to prove compliance with any of the requirements for renewal of the authorization.

The report will have as minimal content the certification, if any, of the active participation of the foreigner in training actions aimed at the knowledge and respect of the constitutional values of Spain, the values The European Union, the European Union, the European Union, the European Union, the European Union, the European Union, the European Union, the European Union, the European Union, the European Union, the European Union, the European Union, the European Union, the European Union, the European Economic and of the place of residence. In this sense, the certification will make express mention of the training time dedicated to the areas mentioned.

The report will take into consideration the training actions developed by private entities duly accredited or by public entities.

8. Applications for the renewal of regrouped family members shall be submitted and processed jointly with the regrouping, unless justified.

9. The resolution shall be deemed to be favourable in the event that the Administration does not expressly resolve within three months of the submission of the application.

10. The favourable resolution shall be notified to the data subject.

11. The renewed family reunification authorisation shall be extended until the same date as the authorisation to hold the regrouping at the time of the renewal.

CHAPTER III

Temporary Residency and Employed Work

Article 62. Definition.

You are in a situation of temporary residence and work as an alien over 16 years of age authorized to stay in Spain for a period of more than ninety days and less than five years, and to carry out a work activity for hire or reward.

Article 63. Initial authorisation of temporary residence and work as an employed person.

1. The initial authorisation of temporary residence and work as an employed person shall enable foreigners residing outside Spain, provided that they have obtained the relevant visa and have been discharged from the relevant system of the Social security within three months from your legal entry into Spain, to reside and work for an employed person in Spain.

Except in cases where the requirement that the national employment situation permits the employment of the worker is not applicable, the initial authorisation shall be limited to a provincial geographical area and to an occupation.

By way of derogation from the foregoing paragraph, in the event of non-application of the requirement that the national employment situation permits the hiring of the worker on the basis of paragraphs (a), (b) and (d) of Article 40.2 of the Law Organic 4/2000, the initial authorisation shall be limited to the type of employment relationship for which it has been granted.

2. In the cases provided for in Title XII of this Regulation, the visa for obtaining such authorisations shall not be required.

3. Access to the initial authorisation of temporary residence and work as an employed person for those who hold a job search visa shall be governed by the specific provisions of this Regulation and by the Ministerial Management Order. collective hiring at source.

4. Foreigners who obtain an authorization must apply for the corresponding Foreign Identity Card within one month of their discharge in the corresponding social security system, according to the provisions of the present chapter.

5. The initial authorization of temporary residence and work for an employed person shall be for one year and shall be limited, in respect of the exercise of the work activity and except in the cases provided for by the Law and the International Conventions signed by Spain, to a geographical area and to a particular occupation.

Where the Autonomous Community has recognised powers in the field of initial work authorisation, it may lay down the geographical scope of the authorisation within its territory.

Article 64. Requirements.

1. For the granting of an initial authorisation of temporary residence and work as an employed person, it is necessary to comply with the requirements laid down in this Article relating to residence and work, respectively.

2. In relation to the residence of the foreigners to be hired, it will be necessary to:

a) Do not find yourself irregularly in Spanish territory.

b) Criminal records, both in Spain and in previous countries of residence for the last five years, for crimes under Spanish law.

(c) Do not appear as rejectionable in the territorial space of countries with which Spain has signed an agreement in this regard.

(d) The deadline for the commitment of no return to Spain from abroad has elapsed, assumed by Spain in the context of its voluntary return to the country of origin.

e) The fee for the processing of the temporary residence permit has been paid.

3. In relation to the work activity to be carried out by the foreigners to be hired, it will be necessary to:

(a) The national employment situation allows for the hiring of the foreign worker in the terms provided for in Article 65 of this Regulation.

(b) The employer submits a contract of employment signed by the worker and himself and which guarantees the worker a continuous activity during the period of validity of the initial authorization of temporary residence and work for hire or reward.

The date of commencement of the contract must be conditional upon the time of effectiveness of the authorization of temporary residence and employment.

(c) The conditions laid down in the contract of employment shall be in accordance with those laid down in the rules in force and the collective agreement applicable for the same activity, professional category and locality.

In the event that the hiring is part-time, the remuneration must be equal to or greater than the minimum interprofessional salary for full-time and annual computation.

d) That the requesting employer has formalized its registration in the corresponding system of the Social Security system and is aware of the compliance with its tax obligations and in the face of security Social.

e) The employer shall have economic, material or personal means sufficient for its business project and to deal with the obligations assumed in the contract in relation to the worker in the terms laid down in the Article 66 of this Regulation.

f) The worker has the training and, where appropriate, the professional qualification legally required for the exercise of the profession.

g) The fee for the employment authorization has been paid.

4. Without prejudice to the above paragraph, the national employment situation shall not be taken into account in the cases laid down in Article 40 of Organic Law 4/2000 or by international convention.

Likewise, it shall be authorized to work without regard to the national employment situation to nationals of States with whom international conventions have been concluded for this purpose, as well as to nationals of non-member States. the European Union and the European Economic Area in Spanish vessels under international maritime fisheries agreements. In this case, authorisation validity shall be granted to work on the duplicate of the notification of boarding or renewal of the contract of foreign crew on Spanish vessels.

Article 65. Determination of the national employment situation.

1. For the purposes of determining the national employment situation, the State Employment Service shall, on a quarterly basis, draw up, in accordance with the information provided by the public authorities for regional employment and after consulting the the Tripartite Immigration Commission, a catalogue of occupations of difficult coverage for each province or territorial demarcation that, if necessary, establishes the corresponding autonomic administration, as well as for Ceuta and Melilla. In island provinces, the Catalogue may be established for each island or group of islands.

The procedure for drawing up the catalogue of difficult-to-cover occupations will be established by the Ministry of Labour and Immigration, following the report of the Tripartite Immigration Commission.

This Catalogue will be based on information available on the management of the offers submitted by employers in the Public Employment Services. It will also take into account the statistics produced by public administrations and, in particular, the statistics on persons registered as jobseekers in the Public Employment Services.

Those entered in the National Classification of Occupations that are in force shall be considered as occupations.

The concreteness of the detail with which an occupation should be included in the catalogue of difficult-to-cover occupations will be carried out taking into account the degree of specialization required for the performance of the activity.

May not be included in Catalogue those occupations which by their nature could be covered by persons registered as jobseekers after their participation in training activities programmed by the Services public employment.

The qualification of an occupation as difficult to cover implies the possibility of processing the initial authorization of temporary residence and work as an alien directed abroad.

2. In addition, the national employment situation will be considered to allow recruitment in non-qualified occupations as difficult to cover when the employer proves the difficulty of filling job vacancies with workers already in place. incorporated into the internal labour market.

To do this, you must present an offer of employment in the Public Employment Services, which will be formulated precisely and adjusted to the requirements of the job, without containing requirements that have no direct relation with your performance.

The Public Employment Service in which the offer of employment has been submitted, within the framework of its competences in the field of employment intermediation, will manage it by promoting contact between the employer and the jobseekers. that are adapted to the requirements of the same. In addition, for a period of at least 15 days, it shall give publicity to the offer of employment in any of the public spaces for the dissemination of tenders available to the Public Employment Service, in order to ensure that workers are offered which reside in any part of the Spanish territory may be covered by their coverage.

Twenty-five days after the employer has submitted the offer, the employer must inform the Public Employment Service of the outcome of the selection of candidates submitted to cover the employment positions. vacancies.

The Public Employment Service shall issue, if appropriate, the certification of the applicant's failure within a maximum of five days from the employer's communication of the outcome of the selection.

The certificate issued by the competent Public Employment Service shall contain information identifying the employer and the offer and the number of jobs offered and workers made available to the employer. employer. It shall also include the number of persons registered in the province as jobseekers for the occupation concerned. It will also include an assessment of whether it is an occupation which could be covered by persons registered as jobseekers following their participation in training activities scheduled by the Public Employment Services.

The Tripartite Labour Commission of Immigration will report the provisions of this Regulation on the minimum content of the Public Service Certificates of Employment.

In the assessment of the certificate, the Office of Foreign Office competent for the processing of the application for initial authorization of temporary residence and work for an employed person shall take into account, in particular, the between the number of workers made available to the employer and the number of jobs offered by the employer, as well as the assessment of whether the position could be covered by a training activity scheduled by the Public Employment Service.

Article 66. Economic, material and personal means to be accredited by the employer to meet the obligations of the contract of employment.

1. The employer must prove that he has sufficient means to deal with his business project and the obligations arising from the contract signed with the foreign worker. This amount shall include the payment of the salary reflected in the contract in the proceedings.

2. Where the required employer is a natural person, he/she must also prove that he/she has sufficient financial means to meet his/her needs and those of his/her family. The minimum amount payable shall be based on percentages of the IPREM according to the number of persons in charge, discounted the payment of the salary reflected in the contract of work under the procedure:

(a) In case of no family in charge of the employer: an amount representing 100% of the IPREM monthly.

b) In case of family units that include two members, counting the requesting employer: an amount that represents 200% of the IPREM monthly.

c) In case of family units that include more than two persons, counting the requesting employer: an amount that represents 50% of the IPREM monthly for each additional member.

In cases of family units that include two or more members, the economic means to credit will result from the sum of those with which each person who integrates the family unit counts.

Article 67. Procedure.

1. The employer must submit personally, or through whom the business legal representation is validly attributed, the corresponding application for the initial authorisation of temporary residence and work as an employed person before the body. competent for processing, in the province where the work activity is to be carried out.

2. The following documentation shall be accompanied by the application for initial authorisation of temporary residence and work as an employed person in an official model:

(a) The NIF and, in the event that the company is constituted as a legal person, a public document granting its legal representation in favour of the natural person making the application.

If the employer is a natural person, you will not be required to submit the NIF if you access the verification of your data through the Identity Data Verification System.

b) Original and copy of the work contract, in the established official model.

The Office of Foreign Office shall seal the copy of the contract for the purposes of its subsequent presentation abroad, together with the corresponding application for a residence and work visa.

c) Where appropriate, certificate of the Public Employment Service competent for the insufficiency of job seekers to cover the job.

(d) the supporting documents of the economic, material or personal means available to them for their business project and to meet those obligations, in accordance with the provisions of Article 66.

The availability of means cannot be credited by the reference to income from grants, subsidies and non-contributory aid or aid granted by Spanish public authorities, except in the the scope of home care and child care.

When the employer has the status of an undertaking, it may prove that this requirement is fulfilled through, among other means of proof admitted in law, the filing or verification of the information relating to the employer. number of businesses, with the limit of the last three years, and the average annual number of staff employed, taking into account the hiring carried out, as well as the redundancies or casualties that have occurred. It may also submit, without prejudice to the use of other means of proof admitted in law, a statement concerning the services or works previously carried out, with the limit of the last three years and/or an extract from the accounts. Annual report on balance sheet.

e) Copy of the complete passport, or travel document, in force, of the foreign worker.

f) The accreditative of the training and, where appropriate, the professional qualification legally required for the exercise of the profession.

(g) Those documents proving, if alleged by the person concerned, the concurrence of a specific case of non-consideration of the national employment situation, as laid down in Article 40 of the Organic Law 4/2000 or International Convention.

3. Upon receipt of the request, the competent authority shall record it, immediately stating its presentation, and record it in the relevant computer application, in such a way as to enable the competent bodies to resolve to have knowledge of the request in real time.

4. The body responsible for resolving the case will check whether or not there are any of the causes of admission to the procedure laid down in the Organic Law 4/2000, and if it appreciates its concurrence it will resolve in a reasoned manner declaring the inadmission to the request.

5. The application will be processed, the procedure will be instructed, and the information of the State Agency of the Tax Administration and the General Treasury of the Social Security Office will be checked at the same time. with respect to the compliance with the obligations in the field of taxation and social security, as well as the reports of the competent services of the Directorate General of the Police and the Civil Guard and the Central Register of Penados. Where it is necessary to request reports under this paragraph, they shall be issued within a maximum of 10 days.

In addition, the competent body to resolve shall check whether the application is accompanied by the required documentation, and if it is incomplete, shall make the applicant the appropriate requirement for the defects to be remedied. observed within ten days, warning him that if the same time limit is not to be remedied, he will be given a withdrawal of his request and the file of his file will be carried out, with the timely resolution being dictated to the effect.

The request and issuance of the reports referred to in this paragraph shall be made by electronic means.

6. The competent authority shall, in the light of the documentation submitted and the reports obtained, give a reasoned decision within the maximum period of three months, having regard to the requirements laid down in this section, on the authorisation requested.

The competent authority shall immediately record the resolution in the relevant IT application, so that the authorities of the bodies concerned, including the Ministry of Foreign Affairs and Cooperation and the Mission diplomatic or Spanish consular post corresponding to the place of residence of the worker, have knowledge of it in real time.

Where the competent diplomatic mission or consular post does not, by reason of its geographical location, have the technical means necessary for the real-time access to the resolution referred to in the preceding paragraph, the Central services of the Ministry of Foreign Affairs and Cooperation shall provide the Ministry of Foreign Affairs and Cooperation within 24 hours of its receipt.

7. Granted the authorization, its effectiveness will be suspended until the obtaining of the visa and subsequent discharge of the worker in the corresponding regime of Social Security, within three months from its legal entry in Spain and by the employer that requested the authorisation. These circumstances shall consist of the resolution granting the authorisation.

8. In the event of the death of the employer or the disappearance of the employer, the worker may be discharged by another employer, subject to the measures provided for in this paragraph and provided that the employer is produces within three months of its legal entry into Spain.

For such purposes, the new employer must prove that it complies with the requirements laid down in Article 64.3 (b), (c), (d) and (e) of this Regulation. The discharge in respect of the social security scheme shall be carried out in the territorial area and the occupation to which the authorisation is limited, where appropriate. If the authorisation is not limited and an occupation change occurs, the new employer must also prove that the requirement laid down in paragraph (f) of that provision is met.

The foreign worker shall inform the competent Foreign Office of the death or disappearance of the employer, for the purposes of the said administrative body to check that circumstance and to issue a document for (a) a record of the same and of the ownership of the authorization by the worker and the scope of the worker's limitation. This document shall be delivered within a maximum of five days to the foreign worker for the purpose of the foreign worker being able to apply to the competent Public Employment Service and to apply for his/her employment intermediation services.

The application for authorization of discharge by a second employer must be filed by the latter with the competent Foreign Office within 60 days from the date of entry of the worker into Spanish territory.

The procedure relating to the second employer's application shall be resolved within a maximum of 15 days, and the application shall be deemed to be rejected if no express resolution is given in time.

9. If the employer who applied for the initial authorization communicates to the Office of Foreign Affairs within 15 days after the foreigner entered Spanish territory, the non-possibility of starting the employment relationship, such communication it shall open a period of forty five days in which a second employer interested in starting a working relationship with the foreign worker may address that Office of Foreign Affairs.

For such purposes, the new employer must prove that it complies with the requirements laid down in Article 64.3 (b), (c), (d) and (e) of this Regulation.

Also, once the employer who applied for the initial authorization has communicated the non-possibility of starting the employment relationship, the foreign worker may contact the Office of Foreign Affairs for the purposes of request the issuance of a document for the constancy of such communication and its ownership of the authorization and the scope of its limitation. This document shall be delivered within a maximum of five days to the foreign worker for the purpose of the foreign worker being able to apply to the competent Public Employment Service and to apply for his/her employment intermediation services.

The procedure relating to the second employer's application shall be resolved within a maximum of 15 days, and the application shall be deemed to be rejected if no express resolution is given in time.

The discharge in the corresponding social security system must be carried out in the territorial area and the occupation to which the authorization is limited, if any. If the authorisation is not limited and an occupation change occurs, the new employer must also prove that the requirement laid down in paragraph (f) of that provision is met.

The provisions of this paragraph shall be without prejudice to the provisions of Article 53.2.a) of the Organic Law 4/2000 of 11 January concerning the first employer.

Article 68. Procedure in the case of the transfer of executive powers in the field of initial authorization of employment for an employed person to Autonomous Communities.

1. Any proceedings relating to an initial authorisation of temporary residence and work as an employed person shall entail the submission of a single application and shall end with a single administrative decision.

2. In the case of the Autonomous Community where the work activity is to be carried out, powers have been transferred to it in respect of the initial authorization of foreign employment for foreign nationals, the application for initial authorization to temporary residence and work as an employed person shall be submitted to the regional body which is competent in accordance with the rules governing the autonomy.

3. The autonomic body before which the application for the initial authorization of temporary residence must be submitted and work as an employed person shall be competent to resolve the admission to the proceedings or to declare the withdrawal and the file of the actions.

In any case, it must be resolved in accordance with the mandatory and binding report of the General Administration of the State on the concurrency or not of the indicated causes of inadmissibility, when they affect the residence.

Resolutions which the autonomic body dictates on the basis of the preceding paragraph shall be notified by the latter to the person concerned and shall be entered in the relevant computer application in such a way as to enable them to know by the General Administration of the State in real time.

The resources that can be brought against the resolutions that the autonomic organ will dictate on the admission to the process and the withdrawal and file of actions will be resolved by the latter, according to the precept report and binding issued by the General Administration of the State on the concurrency or not of the causes of inadmission when they affect the residence. In any event, the said body shall introduce the resources and the resolutions adopted in the relevant computer application.

4. It shall be the competent regional authority which shall verify the payment of the fees concerned, and shall seek the reports of the Tax Administration, including, where appropriate, that of the Autonomous Community itself, and that of the Social Security, for the purpose of verify that the employer is aware of the payment of its tax and social security obligations.

The competent organ of the General Administration of the State shall request, at the same time, the reports of the Directorate-General of the Police and the Civil Guard and the Central Register of Penados.

5. In the light of the documentation provided and the reports obtained, the competent bodies of the General Administration of the State and the Autonomous Community concerned shall, in a coordinated and consistent manner, make a joint resolution refusing or granting the corresponding initial authorisation of temporary residence and work as an employed person, which shall be signed by the holders of the competent bodies of each of the administrations and issued and notified to the persons concerned; by the regional body.

In any case, the joint resolution will be unfavourable if there is a cause of refusal concerning the work aspects or the residence, and all the specific grounds for refusal must be included in the resolution. as well as the bodies which, where appropriate, must be aware of any administrative or judicial remedy against the decision.

6. The joint resolution referred to above may be challenged before any of the bodies which sign it, although it shall be jointly and jointly resolved by the holders of the competent bodies of both administrations and the persons concerned shall be notified by the competent authority of the Autonomous Community.

Article 69. Refusal of the initial authorisations of temporary residence and work as an employed person.

1. The competent body or bodies shall refuse the initial authorisations of temporary residence and work as an employed person in the following cases:

(a) When it is not credited to meet any of the requirements set out in Article 64.

(b) Where in the 12 months immediately preceding the date of application, the employer has written off the positions which it intends to cover for unfair or void dismissal, declared by judgment or recognised as such in act

a) the right to a worker's right to a worker's right to a worker's right to a worker's right to a worker's right to be employed;

(c) Where the requesting employer has been sanctioned by a firm resolution in the last 12 months for offences classified as serious or very serious in the Organic Law 4/2000, or for offences relating to foreign nationals qualified as serious or very serious in the Recast Text of the Law on Infractions and Sanctions in the Social Order, approved by the Royal Legislative Decree 5/2000.

d) When, in order to substantiate the request, false documents have been filed or inaccurate allegations made, or mean bad faith.

e) So the competent authority to resolve it, when it consists of an unfavorable police report.

f) When a legally intended cause of inadmission to processing is present, it would not have been appreciated at the time of receipt of the application.

g) Where the applicant's employer has been convicted by a firm sentence for offences against the rights of workers or against foreigners, as well as against public finances or social security, unless the Criminal records would have been cancelled.

(h) The competent body for the decision of the proceedings in the light of the circumstances, where in the 12 months immediately preceding the date of the filing of the application, the competent body for the decision of the proceedings Applicant employer has decided to terminate the contract which prompted the granting of an initial authorisation of temporary residence and work for an employed person prior to the end of the validity of the authorisation.

In this way, the competent body for the decision of the procedure shall be deemed appropriate, it shall also be cause for refusal of an authorization which in the three years immediately preceding the date of the submission of the application Applicant employer has been sanctioned by commission of the infringement provided for in Article 53.2.a) of the Organic Law 4/2000.

(i) When on the date of application of the authorization the employer maintains measures of suspension of contracts, in accordance with the provisions of Article 47 of the Staff Regulations, in relation to the posts of job that you intend to cover.

2. The refusal shall be reasoned and shall express the remedies against it, the administrative or judicial body to which they shall submit it and the time limit for bringing them together.

Article 70. Residence and work visa and entry into Spain.

1. Requirements for the granting of a visa shall be:

(a) That the alien is the holder of an initial authorization of temporary residence and work for an employed person.

(b) In the event that the applicant is a criminal age, having a criminal record in his or her country of origin or in his previous country of residence for the last five years, for offences provided for in the law

(c) That the alien does not suffer from any of the diseases that may have serious public health impacts in accordance with the provisions of the International Health Regulations 2005.

d) That the foreigner has paid the fee for processing the procedure.

2. Within one month of the notification of the granting of the authorisation to the employer concerned, the worker must personally apply for the visa in the diplomatic mission or consular post in whose demarcation he resides. The Ministry of Foreign Affairs and Cooperation, if justified, may determine the diplomatic mission or consular post other than the one in which the visa application is submitted.

According to the provisions of the additional provision of the Organic Law 4/2000, the presentation by a legally accredited representative may be made when there are well-founded reasons to hinder the movement. the applicant, such as the remoteness of the mission or office, transport difficulties which make the journey particularly burdensome or reasons for sickness or physical condition which significantly hinder their mobility, or in the case of a less.

Without prejudice to the foregoing, when, through the power of representation, other documents provided in the application or data contained in the Administration, it is evidenced that the foreigner for whom the visa is applied In Spain, where the application for the initial authorisation of temporary residence and work as an employed person was submitted in favour of the application for an initial authorization of temporary residence, it shall be inadmissible or, if such a circumstance is deemed to have been subsequent, the visa application will be refused.

3. The visa application must be accompanied by the following documentation:

(a) Ordinary passport or travel title, recognized as valid in Spain, with a minimum term of four months.

(b) A certificate of criminal history, which must be issued by the authorities of the country of origin or of the country or countries in which it has resided for the last five years, in which no convictions for offences provided for in that the Spanish order.

(c) A medical certificate in order to prove that it does not suffer from any of the diseases that may have serious public health impacts in accordance with the provisions of the International Health Regulations 2005.

(d) Copy of the contract in respect of which the initial authorization of temporary residence and employment, sealed by the Office of Foreign Affairs, has been granted.

On its own initiative, the diplomatic mission or consular post shall verify, in the relevant computer application, that the initial authorization of temporary residence has been granted and that the work of a conditioned employee has been granted.

4. The diplomatic mission or consular post shall refuse the visa in the following cases:

(a) When the foreigner is in an irregular situation in Spain on the date on which the application for the initial authorization of temporary residence and employment was submitted to his favor.

(b) Where compliance with the requirements of this Article is not proven.

(c) Where, in order to substantiate the visa application, false or inaccurate claims have been filed, or are in bad faith.

e) When a legally intended cause of inadmission to processing is present, it would not have been appreciated at the time of receipt of the application.

f) When the copy of the contract submitted does not match the information provided by the Office of Foreign Office or by the competent authority on the original contract.

5. The diplomatic mission or consular post shall decide on the application and issue, where appropriate, the residence and work visa within the maximum period of one month.

Notified of the granting of the visa, the worker must personally collect it within one month from the date of notification. If the collection is not carried out within the above period, the person concerned shall be deemed to have waived the visa granted, and the file of the file shall be produced.

6. Once the visa has been collected, the worker must enter the Spanish territory, in accordance with the provisions of Title I, during the period of validity of the latter, which shall be three months. The visa will enable you to enter and stay in a situation of stay in Spain.

7. Within three months of the entry of the foreign worker into Spanish territory, his or her membership, high and subsequent contribution, shall be made in accordance with the terms laid down by the rules on the social security system resulting from the application; the worker may start his or her work; and the employer shall be obliged to communicate the content of the contract of employment to the Public Employment Services. The discharge in the corresponding system of social security shall give effect to the initial authorization of temporary residence and work as an employed person.

8. Within one month of the worker's discharge in Social Security, he or she must apply for the Foreign Identity Card, personally and with the Office of Foreign Office or Police Commissioner. Such a card shall be issued by the period of validity of the authorization and shall be withdrawn abroad.

9. If the validity of the authorization of stay is completed, there is no evidence that the worker has been discharged from the corresponding social security system, the latter will be forced to leave the national territory, incurring in case of Contrary to serious infringement for being irregularly found in Spain.

In addition, the competent body will require the employer to request the authorisation to take up the reasons for which the employment relationship has not been initiated and for which the obligation of communication on the employment relationship has not been fulfilled. impact on the competent authorities, as provided for in Article 38.4 of the Organic Law 4/2000.

In that order, it shall be stated that, if no reply is received within ten days or the reasons given by the employer are not considered to be insufficient, the competent body shall transfer the file to the Labor and Social Security Inspection, for possible concurrence of a serious infringement of those provided for in Article 53.2.a) of the Organic Law 4/2000.

Likewise, you will be advised that, if the possible sanctioning procedure is completed with determination of the concurrency of the infringement mentioned in the previous paragraph, subsequent requests for authorization may be denied Considering that the continued activity of the workers is not guaranteed.

Article 71. Renewal of the authorisations of temporary residence and work as an employed person.

1. The renewal of the authorisations of temporary residence and work as an employed person shall be requested, in official format, during the 60 calendar days prior to the date of expiry of the validity of the authorisation. The submission of the application within this period shall extend the validity of the prior authorisation until the decision of the procedure. It shall also be extended until the decision of the procedure in the case where the application is submitted within 90 calendar days after the date on which the validity of the previous authorisation was completed, without prejudice to the the opening of the relevant sanctioning procedure for the offence in which it was incurred.

2. The authorisation of residence and work for an employed person shall be renewed at the end of the following cases:

(a) Where the continuity in the employment relationship that resulted in the granting of the authorisation whose renewal is intended is credited.

(b) Where the usual performance of the work activity for which the authorisation was granted for a minimum of six months per year is credited and the worker is in one of the following situations:

1. The Hague has signed a contract of employment with a new employer according to the characteristics of its authorization to work, and is in a situation of high or assimilated to the high in the moment of applying for renewal.

2. Dispose of a new contract that meets the requirements set out in Article 64 and with the beginning of validity conditional upon the granting of the renewal.

(c) Where the worker has had a period of employment of at least three months per year, provided that he/she accredits, cumulatively:

1. º The employment relationship that gave rise to the authorization whose renewal is intended was interrupted by causes beyond its will.

2. º You have actively sought employment, by registering with the Public Employment Service competent as a job seeker.

3. º That at the time of request for the refresh has a work contract in place.

(d) When the worker is in one of the situations provided for in Article 38.6 (b) and (c) of the Organic Law 4/2000, of 11 January.

e) According to the article, article 38.6 (d) of the Organic Law 4/2000, of 11 January, in the cases of extinction of the employment contract or suspension of the employment relationship as a result of the worker being a victim of gender-based violence.

f) Likewise, in development article article 38.6.d) of the Organic Law 4/2000, of January 11, when:

1. The worker accredit that he has found himself working and discharge in the corresponding social security system for a minimum of nine months in a period of twelve, or eighteen months in a period of twenty-four months, provided that his last employment relationship had been interrupted by causes beyond his or her will, and actively sought employment.

2. The spouse met the economic requirements to regroup the worker. The renewal shall also be carried out, where the requirement is fulfilled by the person with whom the alien maintains a relationship of analogous affectivity to the spousal in terms of family reunification.

3. Together with the application for renewal, the supporting documents must be submitted for the conditions for granting them, in accordance with the provisions of the previous paragraph, as well as the report issued by the regional authorities. competent to provide evidence of the schooling of minors under their compulsory schooling age.

4. If, on the basis of the documentation submitted in addition to the application, the schooling of the children of compulsory schooling under the responsibility of the applicant is not accredited, the Office of Foreign Affairs shall put this in the knowledge of the competent educational authorities, and shall expressly and in writing notice to the foreign applicant that in the event of no schooling and the corresponding report is submitted within 30 days, the authorization will not be renewed.

5. The renewal of the authorisation shall be assessed, where appropriate, on the basis of an ex officio request of the respective reports:

(a) That the foreigner has served the sentence, has been pardoned or is in a situation of conditional remission of the sentence or of the suspension of the sentence.

b) That the foreigner has failed to fulfil his obligations in the field of taxation and social security.

6. The integration effort of the foreign country accredited by the positive report of the Autonomous Community of its place of residence shall also be assessed.

Such an integration effort may be claimed by the foreigner as information to be assessed in case of failure to prove compliance with any of the requirements for renewal of the authorization.

The report will have as minimal content the certification, if any, of the active participation of the foreigner in training actions aimed at the knowledge and respect of the constitutional values of Spain, the values The European Union, the European Union, the European Union, the European Union, the European Union, the European Union, the European Union, the European Union, the European Union, the European Union, the European Union, the European Union, the European Union, the European Union, the European Economic and of the place of residence. In this sense, the certification will make express mention of the training time dedicated to the areas mentioned.

The report will take into consideration the training actions developed by private entities duly accredited or by public entities.

7. Those discovered in the social security contribution shall not prevent the renewal of the authorization, provided that the usual performance of the activity is established. The competent body shall bring to the attention of the Labour and Social Security Inspectorate the status of the listing, for the purposes of carrying out the proceedings.

8. It shall be the cause of the refusal of renewal applications, in addition to the non-compliance with some of the requirements laid down in this Article, the concurrence of any of the grounds for refusal provided for in Article 69 of this Regulation, except on the fact that the national employment situation permits recruitment.

9. After a period of three months to resolve an application for the renewal of an authorisation of residence and work for an employed person, the latter shall be deemed to be estimated. The authority responsible for granting the authorization shall, upon request by the party concerned, issue the certificate attesting to the renewal for this purpose and, within one month of the date of notification of the renewal, its holder shall request the issuance of the Foreign Identity Card.

Article 72. Effects of the renewal of the authorisation of temporary residence and work as an employed person.

1. The renewal of the authorization of residence and employment shall be carried out for a period of two years, except where a long-term residence permit is applicable, and shall permit the exercise of any activity in any part of the national territory. The effects of the renewed authorization will be rolled back to the day immediately following the expiration of the previous authorization.

2. Notified of the favorable resolution, the foreigner must request within one month the Foreign Identity Card.

CHAPTER IV

Temporary residency and research work

Article 73. Definition.

1. A foreign researcher whose permanence in Spain is solely or primarily to carry out research projects, within the framework of a host agreement signed with a national, is in a situation of temporary residence and work for research. research body.

2. For the purposes of this Regulation, any natural or legal person, whether public or private, with a principal or secondary establishment based in Spain, carrying out research and development activities shall be deemed to be a research body. technology and has been authorised to subscribe to host agreements.

3. The content of this Chapter shall be without prejudice to the provisions on situations of temporary residence with the exception of the authorisation of work and residence for studies, mobility of pupils, non-working practices or services of volunteering.

Article 74. Authorization of temporary residence and work for research.

1. The initial authorisation of temporary residence and work for research enables foreigners residing outside Spain and who have obtained the relevant research visa to carry out a research project within the framework of the a hosting agreement signed with a research body which has been authorised for such purposes.

It will not be possible to obtain a visa for research in cases of exercise of the right to mobility by a foreign researcher after having started their investigation in another EU Member State.

2. The duration of the initial authorisation of temporary residence and work for research shall be longer than three months and not more than five years. Its validity shall be consistent with the duration of the research project in respect of which it is granted. It will be limited to the exercise of the research activity for which it was granted.

Article 75. Host Convention.

1. The following conditions must be met for the signing of the hosting agreement:

(a) that the research project has been accepted by the competent bodies of the body and that its object and duration are adequately determined, as well as the availability of material and financial resources; necessary for the project to be carried out.

(b) The foreign researcher to be in possession of a higher qualification which allows him access to doctoral programmes, related to the research project for whose development the authorization of temporary residence and work.

2. The host agreement shall incorporate the contract of employment signed by the agency and the foreign researcher, with the date of the beginning of the validity conditional upon the granting of the authorization.

3. The grounds for the decision of the host convention shall be the refusal of the authorization of residence and work for investigation, as well as the termination of the contract. A foreign researcher whose host agreement has been settled for reasons which are not attributable to him or who is the subject of a host agreement whose validity has ended may alter his situation in the terms laid down in Title XII of this Regulation.

Article 76. Requirements for the granting of temporary residence permit and work for research.

For the granting of a temporary residence permit and research work it will be necessary to prove that the following conditions are met:

1. In relation to the residence of the foreigners that it is intended to contract it will be necessary that:

a) Do not find yourself irregularly in Spanish territory.

b) Criminal records, both in Spain and in previous countries of residence for the last five years, for crimes under Spanish law.

(c) Do not appear as rejectionable in the territorial space of countries with which Spain has signed an agreement in this regard.

d) The fee for the processing of the temporary residence permit has been paid.

2. In relation to the activity to be developed it will be necessary that:

(a) The research body is authorised to sign host agreements for the purposes set out in this Chapter. For these purposes, the Ministry of Science and Innovation shall keep up to date a list of the bodies authorised to host foreign researchers, have been authorised by the General Administration of the State or by the Communities. Autonomous regions with competence in the field.

For these purposes, the Autonomous Communities shall communicate to the Ministry of Science and Innovation the research bodies which have been authorised to sign host agreements by the regional authorities. competent.

(b) The research body has formalised its registration in the relevant system of the social security system and is aware of the compliance with its tax and security obligations. Social.

(c) The research body has signed a host agreement with the foreign researcher to ensure that the investigator is engaged in an ongoing activity during the period of validity of the authorisation, including the corresponding job contract.

(d) The investigator has the training and, where appropriate, the professional qualification legally required for the exercise of the profession.

e) The rate per work authorization processing has been paid.

3. By Order of the Ministry of Science and Innovation, prior to the report of the Secretary of State for Immigration and Emigration, the procedure for the elaboration and publication of the list of authorized research organizations to receive to foreign researchers.

This ministerial order, after consulting the Autonomous Communities through the mechanisms of collaboration and cooperation existing in the field of research, will establish the general requirements for the administrations competent authorities to allow the research bodies to subscribe to host agreements with foreign researchers.

Article 77. Procedure.

1. The research body which has signed a reception agreement with a foreigner who is not resident in Spain must present, in the official model established for this purpose, and through whom the legal representation is validly attributed, the corresponding application for initial authorization of residence and work for research, before the competent authority for its processing of the province where the research project is to be initiated.

2. With the application for authorisation, the following documentation shall be accompanied:

(a) The NIF, and the public document giving the legal representation of the investigative body in favour of the natural person making the application.

The registration of the research body in the social security system will be checked by the administrative body before which the application is submitted.

b) Copy of the complete passport, or travel document, in force, of the foreign researcher, recognized as valid in Spain.

(c) The hosting agreement signed between the foreign researcher and the research body, which will comprise descriptive memory of the research project, and the contract of work between the two.

d) The accreditative of the professional qualification legally required for the exercise of the profession.

Likewise, the body responsible for processing will verify, on its own initiative, that the body is included in the list of approved bodies for the signing of host agreements.

3. Upon receipt of the request, the competent authority shall record it, immediately stating its presentation, and shall enter it in the relevant computer application, in such a way as to enable the competent bodies to resolve to have knowledge of the request in real time.

4. The procedure and its immediate processing will be carried out on the basis of the request, and the information regarding compliance with the obligations in the field of taxation and social security will be verified, as well as seek the reports of the competent services of the Directorate-General of the Police and the Civil Guard and the Central Register of Penados. These reports shall be issued within a maximum of 10 days.

The request and issuance of the reports referred to in this paragraph shall be made by electronic means.

5. The competent body, in the light of the documentation submitted and the reports obtained, shall give a reasoned decision within the period of 45 days from the date of submission of the application, taking into account the requirements laid down in this Chapter, on the initial authorisation of residence and work for the requested investigation.

The competent authority shall immediately record the resolution in the relevant IT application, so that the authorities of the bodies concerned, including the Ministry of Foreign Affairs and Cooperation and the Mission diplomatic or Spanish consular post corresponding to the place of residence of the researcher, have knowledge of it in real time.

Where the competent diplomatic mission or consular post does not, by reason of its geographical location, have the technical means necessary for the real-time access to the resolution referred to in the preceding paragraph, the Central services of the Ministry of Foreign Affairs and Cooperation shall provide the Ministry of Foreign Affairs and Cooperation within 24 hours of its receipt.

If the resolution is favorable it will be suspended its effectiveness until the obtaining of the visa and until the effective entry of the foreigner in Spain, and thus it will be stated in the own resolution.

Article 78. Procedure in the case of transfer of executive powers in matters of initial authorization of work for research to Autonomous Communities.

1. Any proceedings relating to an initial authorisation of temporary residence and work for investigation shall entail the submission of a single application and shall end with a single administrative decision.

2. In the case of the Autonomous Community where the work activity is to be carried out, powers have been transferred to it in respect of the initial authorization of work for foreign nationals, the application for initial authorization of temporary residence and work for research shall be presented to the autonomic organ which is competent in accordance with the autonomic regulations.

3. The autonomic organ before which the application for initial authorization of temporary residence must be submitted and work for investigation shall be competent to resolve the inadmissibility to be processed or to declare the withdrawal and the file of the actions.

In any case, it must be resolved in accordance with the mandatory and binding report of the General Administration of the State on the concurrency or not of the indicated causes of inadmissibility, when they affect the residence.

Resolutions which the autonomic body dictates on the basis of the preceding paragraph shall be notified by the latter to the person concerned and shall be entered in the relevant computer application in such a way as to enable them to know by the General Administration of the State in real time.

The resources that can be brought against the resolutions that the autonomic organ will dictate on the admission to the process and the withdrawal and file of actions will be resolved by the latter, according to the precept report and binding issued by the General Administration of the State on the concurrency or not of the causes of inadmission when they affect the residence. In any event, the said body shall introduce the resources and the resolutions adopted in the relevant computer application.

4. It shall be the competent regional authority which shall verify the payment of the fees concerned, and shall seek the reports of the Tax Administration, including, where appropriate, that of the Autonomous Community itself, and that of the Social Security, for the purpose of verify that the employer is aware of the payment of its tax and social security obligations.

The competent organ of the General Administration of the State shall request, at the same time, the reports of the Directorate-General of the Police and the Civil Guard and the Central Register of Penados.

5. In the light of the documentation provided and the reports obtained, the competent bodies of the General Administration of the State and the Autonomous Community concerned shall, in a coordinated and consistent manner, make a joint resolution refusing or granting the corresponding initial authorisation of temporary residence and work for investigation, which shall be signed by the holders of the competent bodies of each of the administrations and issued and notified to the interested by the regional body.

In any event, the joint resolution will be unfavourable if there is any cause of refusal concerning the work or residence aspects, and all the specific grounds for refusal must be collected, as well as the bodies which, where appropriate, must be aware of any administrative or judicial remedy against the decision.

6. The joint resolution referred to above may be challenged before any of the bodies which sign it, although it shall be jointly and jointly resolved by the holders of the competent bodies of both administrations and the persons concerned shall be notified by the competent authority of the Autonomous Community.

7. This Article shall apply in relation to the foreign researcher who has been admitted as such in a State of the European Union and wishes to remain in Spanish territory to continue the research project initiated in that State. Three months in accordance with the provisions of Article 84.2 of this Regulation. In such cases, the Office of Foreign Office shall be responsible for assessing compliance with the requirements generally required for the granting of the research visa.

Article 79. Refusal of temporary residence permits and work for research.

The failure to comply with any of the requirements set out in this Chapter for its grant, as well as the concurrence of any circumstances provided for in Article 69.1, shall be cause for refusal of this authorization, except for (b).

Article 80. Requirements for obtaining the research visa.

1. The research visa will incorporate the initial authorisation of temporary residence and work for research. The validity of this shall begin from the date on which the entry is made in Spain, which must be compulsorily entered in the passport or travel title.

2. The visa requirements and procedure shall be those laid down in Article 70 in respect of the temporary residence visa and the work of an employed person.

Article 81. Effects of the research visa.

1. Once the visa has been collected, the investigator must enter the Spanish territory, in accordance with the provisions of Title I, within the period of validity of the visa, which shall not exceed six months and shall be valid for the duration of the visa. authorization in cases where the obtaining of the Foreign Identity Card does not apply.

2. From the legal entry in Spain of the researcher, the researcher will be able to start his activity and will produce his high and subsequent contribution in the terms established by the social security regulations that will be applicable.

3. If the duration of the initial authorisation is longer than six months, the investigator shall, within one month of his entry into Spain, request the Foreign Identity Card, in person and before the Office of Foreign Office or the Commissioner. Police officers. Such a card shall be issued by the period of validity of the authorization and shall be withdrawn abroad.

4. If at the time of the application of the Foreign Identity Card, or one month after its entry into Spain, there is no evidence that the researcher initially authorized to reside and work has been affiliated and/or discharged in the relevant system of social security, the competent authority may decide to terminate the authorisation.

It shall also transfer to the body which has authorised the research body for the signature of the host conventions, for the purposes of constancy and determination, where appropriate, of the possible effects in that field, in the case of a signature fraudulent or negligent host conventions.

Article 82. Renewal of the temporary residence permit and work for research.

1. The authorisation of residence and work for research may be renewed at the end of the year, unless a long-term residence permit is required, where the foreign researcher is satisfied that the conditions are met. For the purpose of granting an initial authorisation, except for the visa requirement.

2. Together with the application for renewal, in an official model, the supporting documents for the meeting of the conditions required for the granting of an initial authorisation shall be submitted.

3. The renewal of the authorisations of temporary residence and work for research shall be requested, in official format, during the 60 calendar days prior to the date of expiry of the validity of the authorisation. The submission of the application within this period shall extend the validity of the prior authorisation until the decision of the procedure. It shall also be extended until the decision of the procedure in the case where the application is submitted within 90 calendar days after the date on which the validity of the previous authorisation was completed, without prejudice to the the opening of the relevant sanctioning procedure for the offence in which it was incurred.

4. The effects of the renewed authorization will be rolled back to the day immediately following the expiration of the previous authorization.

5. After a period of three months to resolve an application for renewal of temporary residence permit and work for research, this shall be deemed to be estimated. The authority responsible for granting the authorization shall, upon request by the party concerned, issue the certificate attesting to the renewal for this reason and, within one month of notification thereof, the holder must request the renewal of the Foreign Identity Card.

Article 83. Family members of foreign investigators.

1. A temporary residence permit may be applied for, at the same time as the application for temporary residence permit and for research, for the members of his family wishing to regroup.

In the event that the Autonomous Community where the work activity is to be carried out, powers have been transferred to it in matters of initial authorization of work for foreigners and applications are submitted at the same time, all of them may be submitted to the regional body which is competent in relation to the initial authorization of work, which shall forward the authorization of temporary residence by family reunification to the Office of Aliens competent for processing.

2. The authorisation shall be granted in the event of accreditation that the conditions laid down in the regulations relating to family reunification are met and the situation of the family member in Spain shall be that of residence by family reunification.

3. The application in favour of family members may be submitted either by the investigating body requesting the main authorisation or by the foreign researcher himself.

Article 84. Mobility of foreigners admitted as researchers in the Member States of the European Union.

1. Any foreign researcher who has been admitted as such in a Member State of the European Union may continue, in Spain, the development of the research project initiated at that State for a period of up to three months.

2. In case the foreign researcher who has been admitted as such in a State of the European Union wishes to remain in Spanish territory, to continue the research project initiated in that State, for more than three months, it will be authorised for such purposes by the competent body, in accordance with the terms laid down in this Chapter for the granting of an initial authorisation, except for the need to submit an application for a research visa.

In this case, compliance with the requirements generally required for the granting of the visa must be accredited in the context of the procedure for applying for the initial authorisation of temporary residence and work. for research.

3. The period of one month for the discharge of the foreign researcher in Social Security and subsequent application of the Foreign Identity Card shall be computed from the date of notification of the resolution for which the temporary residence permit and work for research.

CHAPTER V

Temporary residence and work of highly qualified professionals with a blue-EU card

Article 85 Definition.

1. A foreign worker who is authorised to carry out a work activity for which higher education qualifications is required to have a higher education qualification is in a temporary residence and work of highly qualified professionals. exceptionally, credit a minimum of five years of professional experience that can be considered as comparable to that qualification, related to the activity for which the authorisation is granted.

2. For the purposes of this Chapter, a higher education qualification is defined as a qualification derived from higher education, of a minimum duration of three years and which provides the level of qualification necessary for the exercise of a higher education. profession requiring a high level of training or to enter an advanced research program.

Article 86. Authorisation of residence and work of highly qualified professionals with a blue-EU card.

1. The initial authorization of residence and work of highly qualified professionals enables foreigners residing outside Spain and have obtained the corresponding residence visa and work to start, once the effectiveness of the the authorization, the employment relationship for which they have been authorized.

It shall not be necessary to obtain a visa for residence and prior work in cases of exercise of the right to mobility, having been the holder of one of those authorisations in another Member State of the European Union.

2. The initial authorisation of residence and work of highly qualified professionals will last for one year.

Article 87. Requirements.

For the granting of an initial authorization of temporary residence and work of highly qualified professionals, it will be necessary to meet the following requirements:

1. In relation to the residence of the foreigners that it is intended to contract it will be necessary that:

a) Do not find yourself irregularly in Spanish territory.

b) Criminal records, both in Spain and in previous countries of residence for the last five years, for crimes under Spanish law.

(c) Do not appear as rejectionable in the territorial space of countries with which Spain has signed an agreement in this regard.

d) The fee for the processing of the temporary residence permit has been paid.

2. In relation to the activity to be developed it will be necessary that:

(a) The employer submits a work contract to ensure that the worker is engaged on a continuous basis during the period of validity of the temporary residence permit and work.

(b) The conditions laid down in the contract of employment are in accordance with those laid down by the rules in force and the collective agreement applicable for the same activity, professional category and locality, as well as the gross salary the annual average gross salary is at least 1.5 times the average annual gross salary specified in the contract.

However, provided that the contract complies with the applicable regulations and the applicable collective agreement, the salary threshold may be 1.2 times the average annual gross salary established for those professions where there is a the need for national workers from third countries and belonging to groups 1 and 2 of the International Standard Classification of Occupations, CIUO.

The Directorate-General for Immigration will report annually to the Tripartite Immigration Commission on the evolution of the professions to which the previous paragraph applies.

(c) The employer has formalised its registration in the relevant system of the Social Security system and is aware of the compliance with its tax obligations and the social security system.

d) The employer has economic, material or personal means, sufficient for its business project and to deal with the obligations assumed in the contract in front of the worker.

e) The foreign national has the training and, where appropriate, the professional qualification legally required for the exercise of the profession

f) The rate relative to the job authorization has been paid.

g) That the national employment situation permits the hiring of the foreign worker in accordance with the terms of Article 65 of this Regulation.

Article 88. Procedure.

1. The employer who intends to hire a foreign worker who is not resident in Spain must submit personally, or through whom the business legal representation is validly attributed, the corresponding application for authorisation. initial residence and work of highly qualified professionals, before the competent body for processing, in the province where the work activity is to be carried out.

2. With the application for residence and work authorisation, the following documentation shall be accompanied in an official model:

(a) The NIF and, in the event that the company is constituted as a legal person, a public document granting its legal representation in favour of the natural person making the application.

If the employer is a natural person, you will not be required to submit the NIF if you access the verification of your data through the Identity Data Verification System.

b) The contract of employment, in the established official model.

(c) the supporting documents of the economic, material or personal means available to them for their business project and to meet those obligations, in accordance with the provisions of Article 66.

d) Copy of the complete passport, or travel document, in force, of the foreign worker.

e) The accreditation of the training and, where appropriate, the professional qualification legally required for the exercise of the profession

f) Where appropriate, certificate of the Public Employment Service competent for the insufficiency of job seekers to cover the job.

3. Upon receipt of the request, the competent authority shall record it, immediately stating its presentation, and record it in the relevant application, in such a way as to allow in any event that the bodies competent to resolve the knowledge of the request in real time.

4. The procedure and its immediate processing will be carried out on the basis of the request, and the information regarding compliance with the obligations in the field of taxation and social security will be verified, as well as seek the reports of the competent services of the Directorate-General of the Police and the Civil Guard, and of the Central Register of Penados. These reports shall be issued within a maximum of 10 days.

The request and issuance of the reports referred to in this paragraph shall be made by electronic means.

5. The competent body, in the light of the documentation submitted and the reports obtained, shall give a reasoned decision within the period of 45 days from the date of submission of the application, taking into account the requirements laid down in this Chapter, about the requested authority.

The competent body shall immediately record the resolution in the relevant application, so that the authorities of the bodies concerned, including the Ministry of Foreign Affairs and Cooperation and the Diplomatic Mission u Spanish consular post corresponding to the place of residence of the worker, have knowledge of the same in real time.

Where the competent diplomatic mission or consular post does not, by reason of its geographical location, have the technical means necessary for the real-time access to the resolution referred to in the preceding paragraph, the Central services of the Ministry of Foreign Affairs and Cooperation shall provide the Ministry of Foreign Affairs and Cooperation within 24 hours of its receipt.

The resolution shall be duly notified to the employer, subject to the procedure and, where appropriate, the presentation of the administrative or judicial resources that are legally applicable. It shall also be communicated to the foreign worker in favour of which the authorization was requested. The time limits for the interposition of the resources to be taken shall be computed from the date of notification to the employer or employer.

If the resolution is favourable, its effectiveness will be suspended until the visa and subsequent discharge of the worker by the employer who applied for the authorisation in the corresponding social security scheme, during the three years, will be suspended. months after the legal entry of the person in Spain, and this shall be stated in the resolution itself.

Article 89. Procedure in case of transfer of executive powers in matters of initial authorization of work of highly qualified professionals to Autonomous Communities.

1. Any procedure relating to an initial authorisation of temporary residence and work of highly qualified professionals shall entail the submission of a single application and shall end with a single administrative decision.

2. In the case of the Autonomous Community where the work activity is to be carried out, powers have been transferred to it in respect of the initial authorization of work for foreign nationals, the application for initial authorization of temporary residence and work of highly qualified professionals will be presented to the autonomic body that is competent in accordance with the autonomic regulations.

3. The autonomic body before which the application for initial authorization of temporary residence must be submitted and the work of highly qualified professionals shall be competent to resolve the inadmissibility or to declare the withdrawal and the file of the actions.

In any case, it must be resolved in accordance with the mandatory and binding report of the General Administration of the State on the concurrency or not of the indicated causes of inadmissibility, when they affect the residence.

Resolutions which the autonomic body dictates on the basis of the preceding paragraph shall be notified by the latter to the person concerned and shall be entered in the relevant computer application in such a way as to enable them to know by the General Administration of the State in real time.

The resources that can be brought against the resolutions that the autonomic organ will dictate on the admission to the process and the withdrawal and file of actions will be resolved by the latter, according to the precept report and binding issued by the General Administration of the State on the concurrency or not of the causes of inadmission when they affect the residence. In any event, the said body shall introduce the resources and the resolutions adopted in the relevant computer application.

4. It shall be the competent regional authority which shall verify the payment of the fees concerned, and shall seek the reports of the Tax Administration, including, where appropriate, that of the Autonomous Community itself, and that of the Social Security, for the purpose of verify that the employer is aware of the payment of its tax and social security obligations.

The competent organ of the General Administration of the State shall request, at the same time, the reports of the Directorate-General of the Police and the Civil Guard and the Central Register of Penados.

5. In the light of the documentation provided and the reports obtained, the competent bodies of the General Administration of the State and the Autonomous Community concerned shall, in a coordinated and consistent manner, make a joint resolution refusing or granting the corresponding initial authorisation of temporary residence and work of highly qualified professionals, which shall be signed by the holders of the competent bodies of each of the Administrations and notified to those concerned by the regional body.

In any event, the joint resolution will be unfavourable if there is any cause of refusal concerning the work or residence aspects, and all the specific grounds for refusal must be collected, as well as the bodies which, where appropriate, must be aware of any administrative or judicial remedy against the decision.

6. The joint resolution referred to above may be challenged before any of the bodies which sign it, although it shall be jointly and jointly resolved by the holders of the competent bodies of both administrations and the persons concerned shall be notified by the competent authority of the Autonomous Community.

7. This Article shall apply in relation to the highly qualified foreign worker who has been admitted as such in a State of the European Union and wishes to obtain in Spain a temporary residence permit and professional work highly qualified in accordance with the provisions of Article 95.2 of this Regulation. In such cases, the Office of Foreign Office shall be responsible for assessing compliance with the requirements generally required for the granting of a visa.

Article 90. Refusal of authorisations of temporary residence and work of highly qualified professionals.

1. The competent authority shall refuse to grant the authorisation in the following cases:

(a) When any of the requirements set out in this Chapter are not met for concession.

(b) Where, in order to substantiate the request, false documents have been filed or have been made inaccurate, mean bad faith or the documents filed have been obtained fraudulently.

(c) Where the requesting employer has been subject to a final judgment in the last 12 months for offences classified as serious or very serious in Organic Law 4/2000, except as provided for in Article 53.1 (d) thereof, or Violations in the field of foreign nationals qualified as serious or very serious in the Recast Text of the Law on Infractions and Sanctions in the Social Order, approved by the Royal Legislative Decree 5/2000.

d) Where the applicant has been convicted by a firm sentence for offences against the rights of workers or against foreigners, as well as against the public finances or social security, unless the Criminal records would have been cancelled.

e) So the competent authority to resolve it, when it consists of an unfavorable police report.

(f) When the procurement affects sectors in the country of origin of the worker, they suffer shortages of labour in accordance with the provisions of an international agreement on the matter.

2. The refusal shall be reasoned and shall express the remedies against it, the administrative or judicial body to which they shall submit it and the time limit for bringing them together.

Article 91. Residence and work visa.

1. Within one month of the notification to the requesting employer or undertaking, the worker must personally apply for the residence visa and work in the diplomatic mission or consular post in whose demarcation he resides. The procedure and the visa requirements shall be those laid down in Article 70 on the subject.

2. Notified of the granting of the visa within a maximum of 15 days from the date of submission of the application, the worker must personally collect it within one month from the date of notification. If the collection is not carried out within the above period, the person concerned shall be deemed to have waived the visa granted, and the file of the file shall be produced.

3. It shall apply to the entry into Spain and the beginning of the validity of the residence and work authorization, as laid down in Article 70 in respect of the visa.

Article 92. Foreign Identity Card.

Within one month of the worker's discharge in the corresponding social security scheme, he or she must apply for the Foreign Identity Card, personally and with the Office of Foreign Office or the Commissioner of Corresponding police. Such a card shall be issued by the period of validity of the authorization and shall be withdrawn abroad.

The "Blue-EU Card" legend will be entered on the Foreign Identity Card.

Article 93. Renewal of residence and work permits for highly qualified professionals.

1. The renewal of the authorisations shall be requested, in official format, during the 60 calendar days prior to the date of expiry of the validity of the authorisation. The submission of the application within this period shall extend the validity of the prior authorisation until the decision of the procedure. It shall also be extended until the decision of the procedure in the case where the application is submitted within 90 calendar days after the date on which the validity of the previous authorisation was completed, without prejudice to the the opening of the relevant sanctioning procedure for the offence in which it was incurred.

The effects of the renewed authorization will be rolled back to the day immediately following the expiration of the previous authorization.

2. The authorisation shall be renewed for two-year periods, unless a long-term residence permit is required, where the foreign worker has established compliance with the conditions required for the granting of an authorisation. initial, except for the employment situation in which the employment of the worker is allowed to be employed.

3. Notified of the favourable resolution, the foreign identity card must be requested by the foreigner within one month, in which the legend "EU-blue card" will be entered.

4. It will be the cause of the refusal of renewal applications, in addition to the non-compliance with some of the requirements required for the granting of an initial authorisation, the concurrence of any of the following assumptions:

(a) When, in order to substantiate the request, false documents have been filed or made inaccurate, mean bad faith or the documents filed have been obtained fraudulently.

(b) Where the holder has ceased to fulfil the conditions of entry and residence in the Spanish territory as a highly qualified professional.

c) When the holder resides for purposes other than those for which he was initially authorized to reside.

5. After a period of three months to resolve an application for renewal of temporary residence and work authorisation, the application shall be deemed to be estimated. The authority responsible for granting the authorization shall, upon request by the party concerned, issue the certificate attesting to the renewal for this purpose and, within one month of the date of notification of the renewal, its holder shall request the renewal of the Foreign Identity Card, in which the mention of the EU-Blue Card must be stated.

Article 94. Family of highly qualified professionals.

1. A temporary residence permit for the members of his/her family may be requested at the same time as the application for a temporary residence permit and the work of highly qualified professionals. regroup.

2. In the case of the Autonomous Community where the work activity is to be carried out, powers have been transferred to it in the field of initial authorization of work for foreigners and applications are submitted simultaneously, all they may be submitted to the regional body which is competent in relation to the initial authorization of work, which shall forward the authorization of temporary residence by family reunification to the Office of Foreign Office competent for its processing.

The provisions of this paragraph shall apply to the procedures laid down in Article 96 of this Regulation.

3. The authorisation shall be granted in the event of accreditation that the conditions laid down in the regulations relating to family reunification are met and the situation of the family member in Spain shall be that of residence by family reunification.

4. The application in favour of family members may be submitted by both the applicant applicant for the main authorisation and by the highly qualified foreign worker himself.

Article 95. Mobility of foreign workers holding a blue-EU card issued in another Member State of the European Union.

1. After eighteen months of ownership of a blue-EU card issued by another Member State of the European Union, the foreign worker who holds the card shall have the right to move to Spain in order to exercise a high level of employment. qualified, as set out in this article.

2. At any time prior to entry into Spanish territory and, at the latest, within one month of the date of such entry, the employer wishing to hire a foreign worker holding a blue-EU card in another Member State or, in your case, you must submit an application for temporary residence and work of highly qualified professionals.

In the procedure relating to that application, you must prove that the requirements are met and present the required documentation, as provided for in this chapter, for the granting of an initial authorization of temporary residence and work for highly qualified professionals to the foreign worker who does not previously have the condition laid down in paragraph 1 of this Article, and except for obtaining the visa.

When obtaining a visa is not required, compliance with the requirements generally required for the granting of a visa must be accredited in the context of the procedure for applying for the initial authorization of residence temporary and work of highly qualified professionals.

3. In the case where the validity of the EU-Blue Card granted by the Member State is extinguished during the termination of the procedure, a stay permit shall be granted to it, the validity of which shall be extended to the date of the termination of the procedure relating to the application for temporary residence authorisation and duly notified work by resolution.

4. If the decision is favourable, its effectiveness shall be suspended until the worker's subsequent discharge in the relevant social security scheme within one month of the notification to the entitled subject who has initiated the procedure and by the employer who is the signatory of the contract in the proceedings.

Within one month of the worker's discharge in Social Security, he or she must apply for the Foreign Identity Card, personally and with the Foreign Office or the Police Commissioner concerned. This card shall be issued for the period of validity of the authorization and shall be withdrawn abroad. The card must contain the mention of the EU-blue card.

5. If the time limit laid down in the preceding paragraph has elapsed, in the light of the particular case, in order to ensure that the worker is discharged from the relevant system of social security, there is no evidence that it has occurred, The latter shall be obliged to leave the national territory, if not in serious breach for being irregularly found in Spain.

In addition, the competent body will require the employer who has applied for the authorisation to take up the reasons why the employment relationship has not been initiated and for which the obligation of communication on the employment relationship has not been fulfilled. the impact on the competent bodies provided for in Article 38.4 of the Organic Law 4/2000.

In that order it shall be stated that, if no reply is received within ten days or the reasons given by the employer are not considered to be insufficient, the competent body shall transfer the file to the Labor and Social Security Inspection, for possible concurrence of a serious infringement of those provided for in Article 53.2.a) of the Organic Law 4/2000.

Likewise, you will be advised that, if the possible sanctioning procedure is completed with determination of the concurrency of the infringement mentioned in the previous paragraph, subsequent requests for authorization may be denied Considering that the continued activity of the workers is not guaranteed.

Article 96. Mobility of family members of foreign workers holding a blue-EU card issued in another Member State of the European Union

1. The employer who has submitted an application for temporary residence and work for qualified professionals, in favour of the holder of a blue-EU card in another Member State or, where appropriate, may apply, at the same time, a residence permit in favour of the members of his family already established in the former Member State of residence, where the conditions laid down in this Article are met.

2. The application shall be submitted at any time prior to entry into the Spanish territory and, at the latest, within one month of the date of the application, accompanied by the following documentation:

a) Copy of the complete passport, or travel document, in force, of each member of the family, recognized as valid in Spain.

b) Copy of the residence permit in the previous Member State and proof that they have resided as members of the family of the holder of the Blue-EU Card in the same Member State.

(c) Proof that the holder of the EU-Blue Card has adequate accommodation for the family members, as well as sufficient resources for their support, in the terms of regulation established in respect of the family reunification.

3. For the processing of the procedure, the provisions of the previous Article concerning the mobility of the foreign worker holding a blue-EU card in another Member State of the European Union shall be subject to the provisions of the previous Article. work of the authorization of temporary residence and work. If the authorization is granted in favour of the family members, their situation in Spain shall be that of residence by family reunification.

4. In the event that the holder of the EU-Blue Card would like to regroup members of his/her family who are not part of the family already established in the previous Member State of residence, the provisions of Article 94 of the EC Treaty are applicable. Regulation.

CHAPTER VI

Temporary residence and work for an employed person of a given duration

Article 97. Definition.

It is in a situation of temporary residence and employment for an employed person of a given duration the foreigner over 16 years authorized to stay in Spain and to carry out work activities for an employed person in activities of campaign or season, works or services, or professional training and practices.

Article 98. Authorization of temporary residence and work for an employed person of a given duration.

1. The authorization of temporary residence and work for an employed person of a given duration shall be carried out in accordance with the procedure and the requirements laid down for the authorisations of residence and work as an employed person with the specialities provided in this chapter.

2. This authorization allows you to develop the following activities:

a) Season or campaign.

b) Of works or services for:

1. The assembly of industrial or electrical plants.

2. Construction of infrastructure, buildings, or electricity, telephone, gas or rail supply networks.

3. The installation and maintenance of productive equipment, as well as its commissioning and repairs.

c) Of a temporary nature made by senior staff, professional athletes, artists, as well as other collectives to be determined by Order of the Minister of Labour and Immigration to the exclusive effects of making it possible to grant this type of authorisation. Such a rule will be approved before the report of the Tripartite Immigration Commission.

d) Training and carrying out professional practices.

3. The duration of the authorisation shall be:

(a) In the case of campaign or season activities, with the duration of the contract or work contracts, with the maximum limit of nine months, within a period of twelve consecutive months.

(b) In the other cases, with the duration of the contract of employment or, if in this case, by its nature, no validity is established, with the expected duration of the activity, duly accredited. In any event, the duration of the authorization shall be limited to a maximum of 12 months from which it shall not be extended, without prejudice to the exceptional possibility of such an extension where the employer accredits circumstances over which the determine the need for continuity of the employment relationship and provided that the extension is not contrary to the applicable labour law.

4. In the cases referred to in paragraphs 2 (a) and 2 (b), the application may be made by means of the procedure laid down in the Order for the collective management of contracts at source where 10 or more workers are to be recruited for the same purpose. activity.

Article 99. Requirements.

1. In order to obtain the authorisation of temporary residence and employment of a given duration, it is necessary to comply with the requirements laid down in Article 64 of this Regulation.

In any event, the employment contracts must contain at least the aspects provided for in Article 2.2 of Royal Decree 1659/1998 of 24 July, for which Article 8 (5) of the Law on the Statute of the Workers in the field of information to the worker on the essential elements of the contract of employment, as well as a forecast of the net salary to be paid by the worker.

2. Similarly, it will be necessary to comply in all cases that the foreign worker commits to return to the country of origin, after the employment relationship has been completed.

Failure to comply with this obligation on the part of the worker may be caused by the refusal of subsequent applications for authorisations to work, for the three years following the end of the authorisation granted.

For the purpose of verifying the return of the worker, the worker must present himself in the diplomatic mission or in the consular post that issued the visa to him within one month of the end of his authorization in Spain. The mission or office must provide the foreign document with evidence of his/her appearance and record this circumstance in the relevant computer application and will transfer this information to the Ministry of the Interior for the purposes of his/her annotation in the Central Register of Foreigners. In such cases, the worker's compliance with his obligations, as well as the accreditation of his return to the competent diplomatic or consular authority, will enable him to cover other possible job offers which are generated in the same way. activity.

3. In addition, for the assumptions referred to in Article 98.2 (a) and (b), the following requirements shall be met:

(a) that the employer makes available to the worker adequate accommodation which satisfies the conditions laid down in the legislation in force and provided that adequate dignity and hygiene are ensured in any case; accommodation.

For the control of the previous forecast, the establishment of instruments of collaboration with the relevant public administrations in the field and, where appropriate, with private entities, will be boosted.

Exceptionally, except in the case provided for in Article 98.2.a), the obligation to provide accommodation may be exempted under the conditions under which the work activity is carried out.

b) That the employer arrange for travel to Spain and return to the country of origin and assume at least the cost of the first of such trips and the costs of moving back and forth between the post of entry to Spain and the place of the accommodation, as well as have acted diligently in order to ensure the return of the workers to their country of origin on previous occasions.

The national employment situation shall not be taken into account in the cases provided for in Article 40.1 (c) and (k) of Organic Law 4/2000.

4. In the case of the case referred to in Article 98.2.c, it is necessary, in addition to complying with the provisions of paragraph 1 of this Article, to hold the administrative licences which, where appropriate, are required for the development of the professional activity.

5. In the case of the case referred to in Article 98.2.d) it is also necessary to formalise contracts of work in practice or for training in the terms laid down in the Spanish legislation governing these contractual arrangements.

Article 100. Procedure.

1. The application shall be processed in accordance with the procedure laid down in Article 67 of this Regulation for the initial authorisations of temporary residence and employment.

2. Without prejudice to this, the procedure relating to the cases referred to in Article 98.2.a) and (b) shall have the following specialties:

(a) In relation to the assumption provided for in Article 98.2.a), the job offers shall be made available to the State Employment Public Service and the Public Employment Services of the Autonomous Communities for the purposes of (a) to give advertising for 25 days in any of the public spaces intended for the dissemination of tenders for which the Public Employment Services are to be provided, for the purpose of the workers residing in any part of the national territory may be eligible for coverage, before they are dealt with for their coverage for workers who are abroad.

In relation to the other assumptions provided for in Article 98.2, the accreditation that the national employment situation permits the hiring of the worker will be carried out on the basis of Article 65.2 of the Regulation.

(b) Applications to cover posts for which no resident workers have been employed shall be submitted by the undertakings or by the business organisations, which for these cases shall be attributed to the representation business legal, with a minimum of three months ' notice at the start of the work activity.

(c) The competent authority shall verify that the applications submitted comply with the requirements for the procurement provided for in this Regulation. The decisions taken shall be taken to the most representative trade union and business organisations at the provincial level, which may transmit to the competent body any considerations relating to them.

Similarly, the delegation or subdelegation of the competent government shall transmit statistical information on a monthly basis on resolutions favourable to the Autonomous Community and to the municipality of the municipality in whose field The work activity, as well as the tripartite provincial commissions, will be developed.

3. Where the decision is favourable, the employer shall be notified of the authorisation of temporary residence and employment of a given duration, the effectiveness of which shall be suspended until:

(a) In the case of seasonal or campaign activities: the issue, where appropriate, of the visa and the effective entry of the foreigner into national territory.

(b) In the cases referred to in Article 98.2 (b), (c) and (d), obtaining the worker's visa and subsequent discharge, within three months of his legal entry into Spain and by the employer who applied for the authorisation, in the scheme corresponding to the Social Security.

4. At the time when the contracts signed by the employers are available to the competent authority, the competent authority shall record the approval of the authorization and shall indicate the occupation, territorial scope and duration of the authorization. Copies of the contracts shall be sent back to the employers so that they can be signed by the worker in the country of origin, before the consular post competent for issuing the visa.

Article 101. Visa.

1. The residence and work visa for activities of a given duration shall be carried out in accordance with the procedure laid down in Chapter III of this Title, the requirements and documents to be submitted for the purposes of the residence and work as an employed person.

Likewise, a document signed by the worker in which he commits to return to the country of origin once the employment relationship has ended. Failure to submit such a document will cause the visa to be refused.

In the case of visas granted for the performance of seasonal or campaign work, they shall incorporate the authorization of residence and work, stating their temporary nature. The validity of the authorization shall begin from the date on which the worker's entry into Spain is effected, which shall be compulsory in the passport or travel title. The duration of the residence and seasonal work visa shall cover the whole of the period authorised to reside and work.

2. In the case referred to in Article 98.2.a), where, within a period of one month from the date of entry into Spain, there is no evidence that the worker has been discharged under the relevant social security scheme, the competent authority may resolve the extinction of the authorization.

The competent body will also require the employer to take the reasons why the employment relationship has not been initiated, with the warning that, if no justification is alleged or if the reasons given are (a) to be considered insufficient, subsequent applications for authorisation may be refused, considering that the continued activity of the workers is not guaranteed, as well as the possible concurrence of a serious infringement of the provisions of the Treaty; in Article 53.2.a) of the Organic Law 4/2000.

3. In the cases referred to in Article 98.2 (b), (c) and (d), if the period of three months from the date of their legal entry into Spain is completed, there is no evidence that the worker has been discharged from the corresponding social security scheme, the latter is obliged to leave the national territory, otherwise incurring serious infringement because it is irregularly found in Spain.

In addition, the competent body will require the employer who has applied for the authorisation to take up the reasons why the employment relationship has not been initiated and for which the obligation of communication on the employment relationship has not been fulfilled. the impact on the competent bodies provided for in Article 38.4 of the Organic Law 4/2000.

In that order it shall be stated that, if no reply is received within ten days or the reasons given by the employer are not considered to be insufficient, the competent body shall transfer the file to the Labor and Social Security Inspection, for possible concurrence of a serious infringement of those provided for in Article 53.2.a) of the Organic Law 4/2000.

Likewise, it will warn you that, if you finish the possible sanctioning procedure with the determination of the concurrency of the infraction mentioned in the previous paragraph, subsequent requests for authorization may be denied to consider that the continued activity of the workers is not guaranteed.

4. For the cases referred to in points (b) (c) and (d) of Article 98.2, it shall not be necessary to obtain the Foreign Identity Card where the hiring of the workers is for a period of less than or equal to six months.

Article 102. Extension of the authorizations.

1. Season or campaign authorisations may be extended for up to nine months depending on the initial recruitment period.

2. In the remaining assumptions:

(a) In the event that the extension does not exceed the twelve-month period from the date of commencement of the authorization, the employer must prove that it is requested to continue with the execution of the same work, service or activity specified in the contract. The duration of the extension shall coincide with the completion of the work, service or activity with the limit of the twelve-month period from the date of commencement of the validity of the authorisation.

(b) If the period of 12 months from the date of commencement of the authorisation is exceeded, the extension shall be exceptional. The employer must prove that it is requested to continue with the performance of the same work, service or activity specified in the contract, as well as the over-coming character of the need for the employment relationship to continue.

CHAPTER VII

Temporary residency and self-employment

Article 103. Definition, duration, and scope.

You are in a situation of temporary residence and work for your own account abroad over 18 years authorized to stay in Spain for a period of more than ninety days and less than five years, and to exercise an activity self-profit.

Article 104. Initial authorization of temporary residence and self-employment.

The initial authorisation of temporary residence and self-employment will last for one year and will be limited to a regional geographical area and an activity sector.

Where the Autonomous Community has recognised powers in the field of initial authorisation for self-employment, it may lay down the geographical scope of the authorisation within its territory.

Article 105. Requirements.

1. For the granting of an initial authorisation of temporary residence and self-employment, it shall be necessary to establish, in each case, the requirements laid down in this Article relating to the field of residence and work, respectively.

2. The following conditions must be met in the area of residence:

a) That the worker is not irregularly in Spanish territory.

b) That the worker lacks a criminal record, both in Spain and in his previous countries of residence for the last five years, for crimes foreseen in the Spanish law.

c) That the worker is not listed as being rejected in the territorial space of countries with which Spain has signed an agreement in this regard.

(d) That the deadline for the commitment of no return to Spain from abroad has elapsed, assumed by it in the framework of its voluntary return to the country of origin.

e) That the rate per processing of the temporary residency authorization has been paid.

3. In addition, the following working conditions will have to be met:

a) Meet the requirements that the current legislation requires of the national authorities for the opening and operation of the projected activity.

b) Possession of the legally required professional qualification or sufficient accredited experience in the exercise of the professional activity, as well as in his case the collegiation when required.

(c) Credit that the investment envisaged for the implementation of the project is sufficient and the impact, if any, on job creation.

d) That the foreigner has sufficient economic resources for his maintenance and accommodation. If the accredited resources derive from the exercise of the self-employed activity, their assessment shall be carried out after deduction of the resources necessary for the maintenance of the activity.

The amounts to be credited shall be those provided for in connection with applications for temporary residence permit by family reunification, depending on the persons who are in charge of them.

e) Haber has paid the rate for self-employment authorization.

Article 106. Procedure.

1. The non-resident foreign worker intending to work for his own account in Spain shall, in person, present the application for temporary residence authorisation and self-employment before the Spanish consular post. corresponding to your place of residence.

2. The application for authorisation of temporary residence and self-employment shall be accompanied by the supporting documentation of the fulfilment of the requirements laid down in the previous Article, and in particular of:

a) Copy of the complete passport, or travel document, in force, of the applicant.

(b) the list of authorisations or licences which are required for the installation, opening or operation of the intended activity or for the business year, indicating the situation in which the formalities are to be found; their achievement, including, where appropriate, the certification of applications to the relevant bodies.

(c) The accreditation of the training and, where appropriate, the professional qualification legally required for the exercise of the profession.

(d) Project of establishment or activity to be carried out, with indication of the investment envisaged, its expected return and, where appropriate, jobs the creation of which is envisaged; as well as supporting documentation of the economic investment necessary for the implementation of the project, or with a commitment of sufficient support from financial institutions or others.

3. The diplomatic mission or consular post shall register the application and give the person concerned the communication of the initiation of the procedure after verification of the payment of the fees for processing the procedure, or where appropriate it shall resolve the processing.

In the event that the documents referred to in paragraph 2 of this Article are not presented, the diplomatic mission or consular post shall require the person concerned and expressly warn him not to bring them within ten years. days or not to proceed to the payment of the fees for processing the procedure, you will be given a withdrawal of the request and will proceed to the file of the file.

4. Submitted in form or under-healed the application for temporary residence and self-employment authorization, the diplomatic mission or consular post or, where the latter does not have the necessary technical means, the central services of the Ministry of Foreign Affairs and Cooperation shall record the request within 24 hours of receipt in the relevant computer application in such a way that the bodies of the Administration or the competent authorities have knowledge of it in real time and can drive its processing.

In the event that the transfer of the request and the corresponding documentation cannot be carried out by electronic means, the diplomatic mission or consular post will give physical transfer of the same, through the General of Consular and Migratory Affairs, to the competent organ of the General Administration of the State or to the Autonomous Community in whose territory the foreign residence applies, if the latter has been transferred executive powers in Initial authorization of self-employment authorization.

5. The competent authority of the General Administration of the State shall decide to grant or refuse authorisation. For these purposes, it shall automatically collect the report of the competent services of the Directorate-General of the Police and the Civil Guard in matters of security and public order, as well as that of the Central Register of Penados. These reports shall be issued within seven days.

The initial authorisation of temporary residence and self-employment shall be refused if the conditions laid down for granting it in Article 105 (2) and (3) are not met, except as provided for in the Article 105.2.b) as regards the lack of a criminal record outside Spain, which will be appraised by the consular post in relation to the residence and work visa.

The authorisation shall also be refused in the event of a concurrence of any of the cases referred to in Article 69.1 (d), (e), (e) or (f)

6. When deciding on the initial authorization of temporary residence and self-employment the competent body, which shall be the autonomous body when it has powers in the field of initial authorization of self-employment, must record (a) the favourable resolution in the relevant IT application, so that the bodies of the Administration or the authorities concerned have knowledge in real time of the application and will determine their validity for the application and, in their the case, the issue of the visa, and the subsequent discharge of the worker, during the three months after to their legal entry in Spain, in the corresponding regime of Social Security.

Where the competent diplomatic mission or consular post does not, by reason of its geographical location, have the technical means necessary for the real-time access to the resolution referred to in the preceding paragraph, the Central services of the Ministry of Foreign Affairs and Cooperation shall give you an electronic transfer within 24 hours of receipt.

The diplomatic mission or consular post shall notify the person concerned of the decision on the application for the authorisation of temporary residence and self-employment.

Article 107. Procedure in the case of the transfer of executive powers in respect of the initial authorisation of self-employment to Autonomous Communities.

Any procedure relating to an initial authorisation of temporary residence and self-employment shall entail the submission of a single application and shall end with a single administrative decision.

When the Autonomous Community with respect to which the initial authorization of temporary residence is applied for and work has been passed on to it in the field of initial authorization of self-employment, it shall be for the competent regional authority to verify compliance with the work requirements and, at the same time, the competent authority of the General Administration of the State with regard to residence requirements.

The competent bodies of the same and the General Administration of the State, in the light of the documentation presented and the reports obtained, shall dictate in a coordinated and consistent manner the joint resolution rejecting or granting the corresponding initial authorisation of temporary residence and self-employment, which shall be signed by the holders of the relevant competent bodies.

In any case, the joint resolution will be unfavourable if there is any cause of refusal in the field of work or in the area of residence, and the specific causes of refusal, as well as the a body which, where appropriate, must be aware of an administrative appeal against the decision.

The joint resolution may be challenged before any of the bodies that sign it, although it will be jointly and jointly resolved by the holders of the competent bodies of both administrations and notified to the interested in the diplomatic mission or consular post.

Article 108. Residence and work visa and entry into Spain.

1. The person concerned shall submit, in person, the application for a visa in an official model within one month from the date of notification of the granting of the authorisation of temporary residence and self-employment in the case of the diplomatic mission or Spanish consular post corresponding to your place of residence.

Next to the visa application, the foreigner will have to present the following documentation:

(a) Ordinary passport or travel title, recognized as valid in Spain, with a minimum term of four months.

(b) A certificate of criminal history, which must be issued by the authorities of the country of origin or of the country or countries in which he has resided for the last five years, in which he must not enter convictions for offences provided for in the Spanish order.

(c) A medical certificate in order to prove that it does not suffer from any of the diseases that may have serious public health impacts in accordance with the provisions of the International Health Regulations 2005.

On its own initiative, the diplomatic mission or consular post shall verify that the fees for processing the procedure have been paid and shall verify, in the relevant computer application, that the initial authorization has been granted of temporary residence and self-employed work.

2. The diplomatic mission or consular post, in order to comply with the requirements accredited or verified in accordance with the previous paragraph, shall decide on the application and issue, where appropriate, the residence and work visa, within the time limit maximum of one month.

3. Notified, where appropriate, the granting of the visa, the applicant shall personally collect it within one month of the notification. If the collection is not carried out within the above period, the person concerned shall be deemed to have waived the visa granted, and the file of the file shall be produced.

4. Once the visa has been collected, the worker must enter the Spanish territory, in accordance with the provisions of Title I, during the period of validity of the latter, which shall be three months. The visa will enable you to enter and stay in a situation of stay in Spain.

5. Within three months of the legal entry of the worker in Spain, his or her membership, high and subsequent contribution, will have to be produced in the terms established by the social security regulations that are applicable. The discharge in the corresponding social security scheme in that period shall give effect to the initial authorisation of temporary residence and self-employment.

6. Within one month of the worker's discharge in the corresponding social security scheme, the worker must apply for the Foreign Identity Card, personally and with the Office of Foreign Office or the Police Commissioner. corresponding. Such a card shall be issued by the period of validity of the authorization and shall be withdrawn abroad.

7. If the end of the three-month period of stay is not on the record that the worker has been discharged from the corresponding social security scheme, the latter will be obliged to leave the national territory, if not in case of serious breach due to being irregularly found in Spain.

Article 109. Renewal of the authorization of residence and self-employment.

1. The authorisation of residence and self-employment may be renewed, at the end of the period:

(a) When the continuity in the activity that gave rise to the authorization is credited, after verification of the performance of its tax and social security obligations.

Those discovered in the Social Security contribution will not prevent the renewal of the authorization, provided that the usual performance of the activity is credited. The competent body shall bring to the attention of the Labour and Social Security Inspectorate the status of the listing, for the purposes of carrying out the proceedings.

b) When the spouse meets the economic requirements to regroup the worker. The renewal shall also be carried out where the requirement is fulfilled by the person with whom the alien maintains a relationship of analogous affectivity to the spousal in terms of family reunification.

(c) When the competent management body, in accordance with the rules on the matter, has recognised the self-employed foreign worker as a cessation of activity.

2. A foreigner who wishes to renew his/her authorization of residence and self-employment must direct his/her application to the competent body for processing, during the sixty calendar days prior to the date of expiry of the validity of his/her authorisation. The submission of the application within this period extends the validity of the prior authorisation until the decision of the procedure. It shall also be extended until the decision of the procedure in the event that the application is submitted within 90 calendar days after the date on which the validity of the previous authorisation was completed, without prejudice to the the opening of the relevant sanctioning procedure for the offence in which it was incurred.

3. The application, in an official form, must accompany the documentation showing that it still complies with the requirements for the initial concession or, where appropriate, that any of the cases referred to in points (b) and (c) of the paragraph 1 of this Article. In any event, the application shall be accompanied by a report issued by the competent regional authorities certifying the schooling of the children under their compulsory schooling age.

4. If, on the basis of the documentation submitted in addition to the application, the schooling of the children of compulsory schooling under the responsibility of the applicant is not accredited, the Office of Foreign Affairs shall put this in the knowledge of the competent educational authorities, and shall expressly and in writing notice to the foreign applicant that in the event of no schooling and the corresponding report is submitted within 30 days, the authorization will not be renewed.

5. The competent office for the processing of the procedure shall, on its own initiative, verify the information that the person concerned is aware of the performance of his or her tax and social security obligations and shall obtain the certificate of criminal records and will resolve.

It will be assessed, depending on the circumstances of each case, the possibility of renewing the authorization of residence and work for foreigners who have been convicted by the commission of a crime and have served the sentence, those who have been pardoned or who are in the situation of conditional remission of the penalty.

6. The integration effort of the foreign country accredited by the positive report of the Autonomous Community of its place of residence shall also be assessed.

Such an integration effort may be claimed by the foreigner as information to be assessed in case of failure to prove compliance with any of the requirements for renewal of the authorization.

The report will have as minimal content the certification, if any, of the active participation of the foreigner in training actions aimed at the knowledge and respect of the constitutional values of Spain, the values The European Union, the European Union, the European Union, the European Union, the European Union, the European Union, the European Union, the European Union, the European Union, the European Union, the European Union, the European Union, the European Union, the European Union, the European Economic and of the place of residence. In this sense, the certification will make express mention of the training time dedicated to the areas mentioned.

The report will take into consideration the training actions developed by private entities duly accredited or by public entities.

7. The authorisation of residence and self-employment renewed shall be valid for two years, unless a long-term residence permit is required. The effects of the renewed authorization will be rolled back to the day immediately following the expiration of the previous authorization

8. The resolution shall be deemed to be favourable if the Administration does not expressly resolve within three months of the submission of the application. The authority responsible for granting the authorization shall be obliged to issue the certificate certifying the renewal for this reason and, within one month of its notification, the holder shall request the renewal of the Identity Card Foreign.

CHAPTER VIII

Temporary residency and work in the framework of transnational services capabilities

Article 110. Definition.

1. He is in a situation of temporary residence and has worked in the framework of a transnational provision of services for a foreign worker who moves to a working centre in Spain and, through an express employment relationship, depends on a company established in a State outside the European Union or the European Economic Area, in the following cases:

(a) Where such temporary posting takes place on behalf of and under the direction of the foreign undertaking in respect of a contract concluded between the latter and the recipient of the provision of services which is established or which is active in Spain, in the case set out in the fourth additional provision of Law 45/1999 of 29 November on the posting of workers in the framework of the provision of transnational services.

(b) Where such temporary posting occurs at work centres in Spain of the same undertaking or of another undertaking in the group of which it is a party.

(c) Where such temporary posting affects highly qualified workers and has as its object the supervision or advice of works or services which companies located in Spain are to carry out abroad.

2. It is expressly excluded from this type of authorization that the movement carried out in connection with the development of training activities in the cases referred to in paragraphs (a) and (c) of the previous paragraph and of the staff in question is excluded. the companies of the merchant navy.

3. This authorization of residence and work will be limited to a specific occupation and territorial scope. Its duration will coincide with the time of the worker's posting with the one-year limit.

Article 111. Requirements.

1. For the granting of this authorisation, the following requirements shall be met:

(a) In relation to the residence of foreigners intended to move, it will be necessary to:

1. Do not find yourself irregularly in Spanish territory.

2. No criminal records, both in Spain and in previous countries of residence for the last five years, for crimes under Spanish law.

3. Do not appear as rejectionable in the territorial space of countries with which Spain has signed an agreement in this regard.

4. The deadline for the commitment of no return to Spain from abroad has elapsed, assumed by the latter in the framework of his voluntary return to the country of origin.

5. º That the residence of the foreign worker in the country or countries where the company is established is stable and regular.

6. The fee for the processing of the temporary residence permit has been paid.

b) In relation to the work activity to be carried out by foreigners that is intended to displace, it will be necessary:

1. º That the national employment situation permits displacement.

In the event that the employer accredits that the activity to be performed by the worker requires a direct and reliable knowledge of the company, this requirement will not be applicable to the assumptions that are contained in the article. 110.1.b), in accordance with Article 40.2.c) of Organic Law 4/2000, of 11 January.

2. º that the professional activity of the foreign worker in the country or countries in which the company is established is habitual, and has been engaged in such activity for at least one year and has State at the service of such an undertaking, at least nine months.

3. The company to which it is moved is aware of the compliance with its tax obligations and social security.

4. º that the company that displaces it guarantees to its workers temporarily displaced to Spain the applicable requirements and working conditions, in accordance with the provisions of Law 45/1999, of November 29.

5. The rate per work authorization fulfillment rate has been paid.

Article 112. Procedure.

The procedure for processing the authorisation of temporary residence and work in the framework of transnational services will be the procedure laid down in Chapter III of this Title, with the following specialties:

1. The employer who intends to move a foreign worker to Spain must submit, personally or through whom the business legal representation is validly attributed, the corresponding application for authorization of residence and Work in the framework of transnational services provision to:

(a) The Office of Foreign Affairs of the place where the services are to be provided; or

(b) Before the diplomatic mission or consular post corresponding to his place of residence, where the rules of procedure laid down for the initial authorisations of residence shall apply. temporary and self-employed.

2. The application for authorisation of temporary residence and work in the framework of transnational services shall be accompanied by the following documentation:

a) Copy of the complete passport or travel document in force of the foreign worker.

(b) The documents necessary to prove that one of the assumptions provided for in Article 110 of this Regulation is present. This shall in any case include:

In the case provided for in Article 110.1.a), copy of the service delivery contract.

In the case provided for in Article 110.1.b), deed or public document stating that the companies belong to the same group.

(c) Documents stating that the residence of the foreign worker in the country or countries where the company is established is stable and regular.

d) Where appropriate, certificate of the Public Employment Service competent for the insufficiency of job seekers to cover the job.

e) Those documents that justify the concurrence, if they are alleged by the interested party, of any or some of the specific assumptions of no consideration of the national situation of employment established in article 40 of the Law Organic 4/2000 or International Convention.

f) The supporting documentation that identifies the company that displaces the foreign worker and their tax domicile.

g) The accreditation of the training and, where appropriate, the professional qualification legally required for the exercise of the profession.

h) The contract of employment of the foreign worker with the company that displaces him and a memory of the activities that the worker will develop in the frame of his displacement.

(i) The certificate of movement of the competent authority or institution of the country of origin certifying that the worker continues to be subject to his/her legislation in the field of social security if there is an international instrument of Applicable Social Security.

In the case of non-existence of an international social security instrument applicable in this respect, a public document on the appointment of a legal representative of the company that displaces the worker, for the purposes of compliance of the Social Security obligations.

Article 113. Refusal of residence permits and work in the framework of transnational services provision.

It will be the cause of refusal of this authorization, in addition to the non-compliance with any of the requirements set forth in this chapter, the concurrence of a circumstance provided for in Article 69.1.

Article 114. Residence visa and work in the framework of transnational services and entry services in Spain.

1. The residence and work visa issued in the cases referred to in this Chapter shall be valid for entry and stay for a maximum period of three months and for the beginning of the period of three months after the date of legal entry. in Spain, of the employment activity in respect of which the foreigner was authorised.

During the three-month period, the worker must be discharged from the corresponding social security system, which will make the authorization of residence and work more effective.

2. If, on the basis of an international instrument of social security applicable, the worker continues to be subject to the legislation of his country of origin on the subject, the effectiveness of the authorization of temporary residence and work in the framework of a transnational provision of services will take place at the time of the legal entry of the worker in Spain during the validity of the visa.

3. Within one month of the date of the effectiveness of the authorization, the worker whose authorization is longer than six months must apply for the Foreign Identity Card, in person and before the Office of Foreign Corresponding Police Commissioner. Such a card shall be issued by the period of validity of the authorization and shall be withdrawn abroad.

Article 115. Extension of the authorisation of temporary residence and work in the framework of transnational services.

1. The authorisations provided for in this Chapter shall be extended for the period provided for in the continuity of the activity which led to the temporary posting, with the limit of one year or that provided for in International Conventions signed by Spain, if the conditions for the granting of the initial authorisation are identical to those required.

2. The extension of the authorisation shall be requested, in official format, during the 60 calendar days prior to the expiry date of its validity. The submission of the application within this period shall extend the validity of the prior authorisation until the decision of the procedure.

Article 116. Authorization for seasonal work or campaign within the framework of transnational services.

The seasonal or campaign workers shall be subject to the provisions of Chapter VI of this Title in relation to the displacements of those who are in the workforce of a company that develops its activity in a State not belonging to the European Union or to the European Economic Area, with a view to temporarily working in Spain for the same undertaking or group, provided that the following conditions are met:

(a) That the residence of the foreign worker in the country where the company is moving is stable and regular.

(b) that the professional activity of the foreign worker in the country in which the undertaking moving him is based is customary, and that he has been engaged in such activity for at least one year and has been at the service of such a company, at least nine months.

c) That the company that displaces it guarantees to its workers temporarily displaced to Spain the applicable requirements and working conditions, in accordance with the provisions of Law 45/1999, of November 29.

(d) That the national employment situation allows for recruitment, except in the case that the employer proves that the activity to be carried out by the worker requires direct and reliable knowledge of the undertaking.

CHAPTER IX

Temporary residency with exception of job authorization

Article 117. Exceptions to the job authorization.

They are exempt from the obligation to obtain work authorization for the exercise of a gainful, employment or professional activity by foreigners who are included in Article 41 of Organic Law 4/2000, of January 11, and meet the following conditions:

(a) Technicians, researchers and scientists invited or hired by the General Administration of the State, the Autonomous Communities, the universities, the local authorities or the bodies which have as their object the promotion and the development of the research promoted or participated by the majority of the previous ones.

This consideration will be given to professionals who, for their knowledge, expertise, experience or scientific practices, are invited or hired by one of the administrations cited for the development of an activity or technical, scientific or general-interest programme.

This circumstance will be credited with the presentation of the invitation or contract of work, subscribed by the person assigned the legal representation of the corresponding organ, where the description of the project and the professional profile that is required for your development.

b) Teachers, technicians, researchers and scientists invited or hired by a Spanish university. Teachers are considered to be invited or hired by a Spanish university to develop teaching, research or academic assignments.

This circumstance will be credited with the presentation of the invitation or contract of work for the exercise of these activities, subscribed by the person assigned the legal representation of the Spanish university corresponding.

c) Managing or teaching staff of cultural institutions or teachers dependent on other States, or private ones, of accredited prestige, officially recognized by Spain, who develop cultural programs in our country teachers from their respective countries, as long as they limit their activity to the implementation of such programmes. Foreign nationals in whom the following circumstances apply may be eligible for the derogation:

1. Occupy Positions of direction, teaching or research and limit their occupation to the exercise of the indicated activity in foreign cultural institutions or foreign teachers based in Spain.

2. In the case of cultural institutions or teachers dependent on other States, they must develop their activity in Spain in such a way that studies, programmes developed and diplomas or diplomas awarded validity and are recognised by the countries of which they are dependent.

3. In the case of foreign private institutions, the prestige shall be deemed to be accredited when the institution and the activities carried out have been officially recognised and authorised by the competent authorities, and the diplomas or diplomas which they issue have validity and recognition by the countries of which they are dependent.

These circumstances will be credited with the presentation of the documentation that justifies the validity in the country of origin of the titles or diplomas issued in Spain, of the contract of employment, or designation for the exercise of management or teaching activities. And, in the case of private entities, also of the documentation that justifies their official recognition in Spain.

d) Civil or military officials of foreign state administrations who come to Spain to develop activities under cooperation agreements with a Spanish administration.

This situation will be credited with the presentation of the certificate issued by the competent foreign state administration and the justification for such aspects.

e) Foreign media correspondents. This consideration will be given to information professionals in the service of foreign media who develop their information activity in Spain, duly accredited by the Spanish authorities as correspondents or as envoys. special.

f) Members of international scientific missions carrying out work and research in Spain, authorized by the competent, state or regional administration.

This consideration will be given to foreigners who are part of an international scientific mission that moves to Spain to carry out study or research activities programmed by an international agency or agency, and approved by the competent authorities.

g) Artists who come to Spain to perform specific actions that do not involve a continuous activity. In this case, persons who, individually or collectively, move to Spain to perform an artistic activity, directly before the public or intended for the recording of any type for dissemination, shall be included in this case. the average or local average or accidentally for public shows or artistic performances. The activities carried out may not exceed five continuous days of action or 20 working days in a period of less than six months.

This situation will be credited with the presentation of the contract for the development of the artistic activities and a relation of the authorizations or licenses that are required for the development of the same ones that indicates the the situation in which the formalities for their achievement are found, including, where appropriate, the certificates of application to the bodies concerned.

h) Religious ministers and members of the hierarchy of different churches, confessions and religious communities, as well as religious religious orders. This consideration will be given to people who meet the following requirements:

1. º belonging to a church, confession, religious community or religious order entered in the Registry of Religious Entities of the Ministry of Justice.

2. º That they have, effective and currently, the status of minister of worship, member of the hierarchy or religious professorial to meet the requirements laid down in their statutory norms.

3. That the activities to be carried out in Spain are strictly religious or, in the case of professed religious, are merely contemplative or correspond to the statutory purposes of the order; they are expressly excluding work activities that are not carried out in this field.

4. º that the entity from which they are dependent is committed to take care of the expenses incurred for their maintenance and accommodation, as well as to comply with the requirements required in accordance with the regulations on Social Security.

The end indicated in paragraph 1. º shall be credited by means of certification of the Ministry of Justice; those expressed in paragraphs 2. º to 4. º shall be accredited by certification issued by the institution, with the agreement of the Ministry of Justice and the filing of copies of the Statutes of the order.

The seminarians and persons in preparation for the religious ministry are expressly excluded from this article, although they temporarily carry out activities of a pastoral nature, as well as persons linked with an order religious in which they have not yet professed, even if they perform a temporary activity in compliance with their religious statutes.

i) Foreigners who are part of the organs of representation, government and administration of internationally recognized trade unions and organizations, provided that their activity is strictly limited to the performance of the functions inherent in that condition.

(j) Foreign minors in working age who are protected by a child protection service, for those activities which, on a proposal from the said entity, while remaining in that situation, favour their social integration.

This situation will be proven with the accreditation that the service cited exercises the tutelage of the child and the presentation by the latter of the proposal of activity that favors the social integration of the child.

Article 118. Procedure.

1. If you are not a resident in Spain and provided that the duration of the activity is longer than ninety days, the foreigner will have to apply for the corresponding residence visa with the Spanish consular post corresponding to your place of residence, accompanying the application with the relevant documentation for each of the exceptions to the work authorisation provided for in Article 117.

The consular post shall verify the derogation and shall process the residence visa in accordance with Article 48, but the period provided for in paragraph 4 of that Article shall be reduced to seven days. The absence of response should be considered as a favourable resolution.

When the foreigner is not resident in Spain and the intended duration of the activity is not more than ninety days, he or she must apply, whatever his nationality, the corresponding visa of stay with the Mission diplomatic or Spanish consular post in whose demarcation it resides. In such cases, the procedure applicable to the application for a visa shall be that provided for in the processing of short-stay visas, which must prove that the conditions for inclusion in one of the cases are fulfilled. described in the previous article.

The issuance of the stay visa provided for in the previous paragraph will be communicated, through the corresponding computer application, to the Office of Foreign Office of the province where the activity will be carried out. Requests for extension of stay shall be governed by the provisions of Article 34 of this Regulation. The total duration of the stay and its possible extensions shall in no case be more than 90 days.

2. In the case of a resident in Spain, the foreigner will have to request the recognition of the exception, and to allege that it meets these conditions, before the Office of Foreign Office corresponding to the province where the activity is initiated, contributing the documentation to justify it.

This application shall be deemed to be refused if the Subdelegation or Delegation of the Government does not rule on the request within three months. The Office of Foreign Affairs may request the submission of any additional documentation deemed relevant to prove that the foreigner is in any of the cases referred to in Article 117, as well as the reports which are accurate to other administrative bodies.

3. The validity of the recognition of the derogation shall be adapted to the duration of the activity or programme which is carried out, with the ceiling of one year in the initial recognition, two in the first extension and two years in the following year. extension, if the circumstances that led to the derogation remain.

4. The fact that he has been the holder of a work authorisation derogation shall not generate rights for the purpose of obtaining an authorisation for self-employed or employed work.

Article 119. Effects of the visa.

1. Once the visa has been collected, the worker must enter the Spanish territory, in accordance with the provisions of Title I, for the duration of the validity of the visa, not exceeding three months.

2. The visa shall incorporate the initial authorisation of residence with the exception of the work authorisation, which shall start from the date on which the entry is made, and shall include the visa, passport or travel title.

In case the foreigner already has the status of resident in Spain, the validity of the exception of the work authorization will begin on the date of the resolution for which it has been granted.

3. In the case of a grant of validity of more than six months, the worker must apply personally, within one month of his legal entry into Spanish territory before the Office of Foreign Office or the Police Commissioner. -the Foreign Identity Card. In case the foreigner already has the status of resident in Spain, that period shall be computed from the date of notification of the decision to grant the exception of the work authorization.

CHAPTER X

Temporary residence from abroad that has voluntarily returned to your country

Article 120. Scope of application.

1. The provisions of this Chapter shall apply to a foreigner who, being the holder of a temporary residence permit:

a) Engages in a voluntary return program driven, funded or recognized by the General Administration of the State; or

b) voluntarily retorne your country of origin to the margin of any program.

2. In any event, the provisions of this Chapter shall be without prejudice to the right of foreign nationals resident in Spain to leave Spanish territory and return to Spain for the duration of their authorization of residence, without further limitations. those established in accordance with Article 28 of the Organic Law 4/2000 of 11 January 2000 and those arising from the possible termination of their authorisation following a certain period of absence of Spanish territory, in accordance with the provisions of this Article Regulation.

Article 121. Commitment not to return to Spanish territory.

1. After the validity of its commitment to return to Spanish territory, the foreigner may request, or may be requested, an authorization of temporary residence or temporary residence and work, in accordance with the provisions of this Agreement. Regulation depending on the type of authority you want to obtain.

In case the voluntary return program does not establish a commitment period of no return to Spain or if the foreigner returns to its country of origin on the margin of program, the application for authorization of residence temporary residence or temporary residence and work in accordance with the provisions of this Chapter may be submitted after three years from the date of return to their country of origin. This period may be amended by Order of the Minister of Labour and Immigration.

2. For the purpose of controlling the date of return, a foreigner, whatever the voluntary return program to which he or she has received or has not received any, must appear personally in the diplomatic or consular representation. Spanish in the country of origin, delivering your Foreign Identity Card in force.

3. If you have returned to your country of origin on the basis of a voluntary return programme which does not involve your resignation from the residence of the holder, or if you have not received any programme, the foreigner, for the purposes of It shall be applicable in this chapter, expressly giving up and in writing to his authorization of residence, at the time when he appears in the Spanish diplomatic or consular representation in his country of origin to accredit his return.

4. The Spanish diplomatic or consular representation before which the foreigner delivers his card and renounces his residence permit shall deliver to this document a document containing both actions and the date on which they have been produced.

Article 122. Temporary residence or temporary residence permits and work.

1. The requirement relating to the consideration of the national employment situation in the procedures for authorisations in which it is generally payable shall not apply, where the foreign nationals on whose behalf they are requested are is included in the assumption provided for in Article 120.1 (a).

2. In the framework of the collective management of workers at source, tenders may be submitted for nominations in favour of foreigners who have received the voluntary return programme or have returned to their country on the margins of a voluntary return. the terms provided for in this Chapter, provided that they have thereby renounced the ownership of a temporary residence permit and work.

Likewise, the competent Spanish bodies will carry out the necessary actions to ensure that these foreigners are shortlisted in the procedures developed in their country of origin to those who attend, provided they meet the training requirements and, where appropriate, professional qualifications legally required for the exercise of the profession.

3. The procedures for applying for a temporary residence permit or temporary residence and work resulting from the provisions of this Chapter shall be the subject of preferential treatment. The maximum time limit for resolution and notification shall be forty-five days from the date of entry of the application into the register of the body responsible for its resolution.

4. The situation of temporary residence abroad shall be understood as continuing, for the purposes of access to the long-term residence situation, although such a calculation shall not include the time elapsed from the voluntary return of the foreigner to his or her country of origin or country of former residence, until the granting of the new authorisation of temporary residence or temporary residence and work.

5. This article will be applied after the deadline for the commitment of no return to Spain, taken by the foreigner upon returning voluntarily to his country of origin.

TITLE V

Temporary Residency by Exceptional Circumstances

CHAPTER I

Temporary Residency for exceptional circumstances for rootedness, international protection, humanitarian reasons, collaboration with authorities, national security or public interest

Article 123. Temporary residence permits for exceptional circumstances.

1. In accordance with Article 31.3 of the Organic Law 4/2000 of 11 January 2000, in the light of the exceptional circumstances which will be met, a temporary residence permit may be granted to foreigners who are in Spain in the alleged to be rooted, international protection, humanitarian reasons, collaboration with public authorities or national security or public interest reasons provided for in the following Articles.

2. The content of this Chapter should be interpreted without prejudice to the possible granting of residence permits for exceptional circumstances on the basis of the provisions of Articles 31bis, 59 and 59bis of the Organic Law 4/2000 of 11 January. Other residence authorisations may also be granted for exceptional circumstances under the terms set out in the Additional Provision of this Regulation4.

Article 124. Authorization of temporary residence for reasons of rootedness.

A residence permit may be granted for reasons of employment, social or family roots when the following requirements are met:

1. As a result of employment, foreign nationals may obtain an authorization to establish continued stay in Spain for a minimum period of two years, provided that they lack criminal records in Spain and in their country of origin or in the country or countries in which it has resided for the last five years, and which demonstrate the existence of employment relationships for which the duration is not less than six months.

For the purposes of accrediting the employment relationship and its duration, the person concerned must submit a judicial decision which recognises it or the confirmatory administrative decision of the act of infringement of the Labour Inspectorate and Social security to prove it.

2. For the sake of social security, foreign nationals may obtain an authorization to establish continued stay in Spain for a minimum period of three years.

In addition, you must cumulatively meet the following requirements:

(a) Criminal records in Spain and in your country of origin or in the country or countries where you have resided for the last five years.

(b) Contar with a contract of employment signed by the worker and the employer at the time of the application for a period not less than one year. Such procurement shall be based on the existence of a single contract, except in the following cases:

1. In the case of the agricultural sector, the presentation of two contracts, with different employers and concatenated, each one of minimum duration of six months, will be presented.

2. In the case of the development of activities in the same occupation, working in part and at the same time for more than one employer, the presentation of several contracts, all of them of a minimum duration of one year, will be accepted. whose sum must represent a weekly day not less than thirty hours in the overall computation.

(c) Having family ties with other foreign residents or submitting a report on their social integration, issued by the Autonomous Community in the territory of which they have their habitual residence.

For these purposes, family ties shall be construed as referring exclusively to registered spouses or registered partners, first-graders and first-graders and direct-liners.

In the case of a report, which must be issued and notified to the person concerned within the maximum period of 30 days from his or her application, the report must include, among other factors of to be accredited by the different competent authorities, the length of stay of the person concerned at his usual address, in which he must be registered, the economic means with which he has, the links with family members resident in Spain; and integration efforts through the tracking of insertion programs sociolaboral and cultural. At the same time and by electronic means, the Autonomous Community shall transfer the report to the competent Foreign Office.

For such purposes, the competent regional authority may consult the City Council where the foreign national has his usual address on the information which may be included in the information.

The root report referred to above may be issued by the local Corporation in which the foreign national has his usual address, when that has been established by the competent Autonomous Community, provided that has been previously brought to the attention of the Secretary of State for Immigration and Emigration.

The Local Corporation report shall be issued and notified to the data subject within thirty days of the date of the application. At the same time and by electronic means, the local Corporation shall transfer the report to the competent Foreign Office.

The body issuing the report may recommend that the need for a work contract be exempted from abroad, provided that it has sufficient financial means. If the requirements laid down in Article 105.3 of this Regulation are met, it may be argued that the economic means derive from an activity to be self-developed.

If the report has not been issued in time, a circumstance that must be duly accredited by the data subject, this requirement may be justified by any means of evidence admitted to law.

3. For family roots:

(a) In the case of a parent or parent of a child of Spanish nationality, provided that the applicant's parent is holding the child and living with it or is aware of the parental obligations in respect of the child.

(b) In the case of children of a parent or parent who have originally been Spanish.

4. By Order of the holder of the Ministry of the Presidency on the proposal of the holders of the Ministries of the Interior and of Work and Immigration and prior to the report of the Tripartite Labour Commission of Immigration, it will be possible to determine the application of the national employment situation for applications for authorisation of temporary residence for reasons of social roots.

Article 125. Authorisation of temporary residence for reasons of international protection.

An authorization may be granted for reasons of international protection to persons to whom the Minister of the Interior, on a proposal from the Inter-Ministerial Committee on Asylum and Refuge, has authorized the stay in Spain in accordance with Articles 37 (b) and 46 (3) of Law 12/2009 of 30 October 2009, regulating the right of asylum and international protection, as well as to foreigners displaced in the sense of regulation on protection temporary in case of mass influx of displaced persons.

In addition, a temporary residence permit may be granted in cases that provide for the law of the development of Law 12/2009 of 30 October.

Article 126. Temporary residence permit for humanitarian reasons.

An authorization may be granted for humanitarian reasons in the following cases:

1. To foreign nationals who are victims of the offences referred to in Articles 311 to 315, 511.1 and 512 of the Criminal Code, of offences in which the aggravating circumstance of a commission has been made for racist, anti-Semitic or other reasons discrimination as defined in Article 22.4. of the Criminal Code, or of offences for violent conduct carried out in the family environment, provided that there has been a final judicial settlement of the judicial procedure in which the the status of victim of such offences.

2. To foreigners who are credited with suffering from a serious illness that requires specialized health care, which is not accessible in their country of origin, and that the fact of being interrupted or not receiving it poses a serious risk to the health or life. For the purposes of establishing the need, a clinical report issued by the relevant health authority shall be required.

Exceptionally, the disease will not be required to be overcome in the event of the need to prolong the stay of a foreign minor who has temporarily moved to Spain for the purpose of medical treatment on the basis of Article 187 of this Regulation once exhausted the possibility of extending the status of stay and provided that such a stay is essential for the continuation of the treatment. The renewal of this type of authorisation will be linked to the minimum time required to complete the treatment.

3. Foreign nationals who prove that their transfer to the country of origin or origin, for the purpose of applying for the appropriate visa, implies a danger to their safety or that of their family, and that they meet the other requirements for obtaining a visa. temporary authorization of residence or residence and work.

Article 127. Authorisation of temporary residence for exceptional circumstances of collaboration with public authorities, national security or public interest reasons.

An authorisation may be granted to persons who cooperate with the administrative, police, tax or judicial authorities on matters outside the fight against organised networks, or where there are grounds for interest public or national security to justify the need to authorise their residence in Spain. For these purposes, those authorities may require the competent bodies to grant the residence permit to the person who is in one of these cases.

Article 128. Procedure.

1. The authorisation of temporary residence for exceptional circumstances, which shall not require a visa, must be applied for personally by the foreigner to the body responsible for processing, except in the case of minors or incapable persons, in which may submit the application for a legal representative, accompanied by the following documentation:

(a) Copy of the passport in force or travel title, recognized as valid in Spain, with a minimum term of four months, upon display of the original document. In the terms set out in the decision of the Minister of the Interior authorising the person concerned to remain in Spain in the cases provided for in Articles 37 (b) and 46.3 of Law 12/2009 of 30 October, it may be waived requirement.

(b) Where required, a contract of employment signed by the worker and the employer, the effects of which shall be conditional upon the entry into force of the authorization requested.

(c) Documentation of evidence to be found in one of the situations referred to in the preceding articles.

2. In particular, in order to prove that the conditions laid down for the reasons for taking root are fulfilled, the documentation provided must comply with the following requirements:

(a) If the person concerned is a criminal, he must provide a criminal record or equivalent document issued by the authorities of the country or countries where he has resided for the five years prior to their entry into Spain, in which they shall not have any convictions for offences in the Spanish order.

(b) In the case of social rootedness, evidence of the degree of parentage alleged or, where appropriate, the corresponding report of rootedness must be provided. Similarly, in the event of an application for exemption from the need for a contract of employment, evidence of sufficient economic resources or, where appropriate, compliance with the requirements laid down in this Directive must be provided. relationship to the self-employed activity.

3. The body responsible for resolving the case shall check whether the application is accompanied by the required documentation and, if incomplete, shall make the applicant the appropriate requirement for the defects observed within the time limit to be remedied. indicate in the notification, which may not be more than one month, warning him that if the same is not remedied in the indicated period, he will be given a withdrawal of his request and the file of his file will be carried out, with the appropriate effect resolution.

4. The competent body may also require the applicant to appear and maintain a personal interview with him. Where the conduct of the interview is determined, at least two representatives of the Administration shall be present, in addition to the interpreter, if necessary, and shall be kept on record by means of an act signed by them. present, from which a copy will be submitted to the data subject.

If the representatives of the Administration come to the conviction that there is sufficient evidence to doubt the identity of the persons, the validity of the documents or the veracity of other circumstances in which they are has based the application, the refusal of the authorisation shall be recommended and a copy of the minutes shall be forwarded to the competent body to be resolved. In the event of any doubts as to the criterion to be followed, the competent body should raise the consultation of the Directorate-General for Immigration.

5. In the cases referred to in Article 127, the jurisdiction for their decision shall be:

(a) To the holder of the Secretary of State of Security when the authorization is based on collaboration with law enforcement, prosecutors and judicial authorities and on national security cases. The request based on these assumptions shall be accompanied by the report from the appropriate headquarters of the Security Forces and Forces, whether from the State, or from the Autonomous Community, as well as, where appropriate, that of the fiscal or judicial authority, to credit the reasons behind it.

(b) The holder of the Secretary of State for Immigration and Emigration in the case of collaboration with the other administrative authorities and for reasons of public interest.

6. The effectiveness of the authorisation granted in the case of Article 124.2 of this Regulation shall be conditional upon the worker's subsequent membership and membership of the Social Security Office within one month of the notification made to him. applicant, except where the person concerned has been exempted from the contract of employment and provided that the economic means do not result from the performance of an activity on his own account. If the condition is met, the authorization will begin its term.

7. Within one month of notification of the granting of the temporary residence permit due to exceptional circumstances or, where appropriate, from its entry into force, the foreigner shall personally request the Identity Card Foreigner to the Foreign Office or the Police Commissioner concerned.

Article 129. Authorisation of the holder of a temporary residence permit due to exceptional circumstances.

1. The granting of a temporary residence permit for exceptional circumstances for reasons of rootedness shall be accompanied by a work authorization in Spain during the period of validity of that authorization, with the exception of those granted to minors. working age, or in cases of exemption from the requirement to have a contract for economic means that do not result from the performance of an activity on its own account

In the same situation the persons referred to in Article 125 of this Regulation shall be found.

2. In other cases, the foreign national may, in person, request the competent authority for the work to be carried out. Such an application may be submitted simultaneously with the application for an authorisation of residence for exceptional circumstances or during the period of validity of the application, and for the granting of such application it shall be necessary to comply:

(a) To apply for an employment authorisation for an employed person, the requirements laid down in paragraphs (b), (c), (d), (e) and (f) of Article 64.3.

(b) To apply for an own-account work authorisation, the requirements laid down in Article 105.3.

Article 130. Extension and cessation of the temporary residence situation due to exceptional circumstances.

1. By virtue of their exceptional nature, the authorizations granted on the basis of the preceding articles, as well as their carryovers, shall be valid for one year, without prejudice to the provisions of this Article and the rules on protection

2. The holders of an authorisation granted by the holder of the Secretary of State for Security, or the authority in which he delegates, may extend the authorisation provided that the competent authorities of the Member State of the State of the Republic of motivated their concession. Only if the authorities have concluded that the reasons for granting them have ceased, they may apply for a residence permit or a residence permit and work in accordance with the provisions of Article 202 of the Treaty. This Regulation.

3. The cases of authorisations for exceptional circumstances granted for the reasons set out in Article 125 shall be governed for renewal by the applicable international protection rules.

4. In the case of authorisations granted by the other cases, in accordance with Article 202, the holders of the authorisation may apply for a residence permit or a residence and work authorization, provided that they do not comply with the requirements laid down for their procurement, including the ownership of the administrative licenses or permits required for the position to be taken.

5. Foreigners may apply for the authorisation of temporary residence or temporary residence and work or, where provided for, the extension of the authorisation for exceptional circumstances, during the 60 calendar days prior to the date of the date of of the expiry of the authorisation. The submission of the application within this period extends the validity of the prior authorisation until the decision of the procedure. It shall also be extended until the decision of the procedure in the case where the application is submitted within 90 calendar days after the date on which the validity of the previous authorisation was completed, without prejudice to the the opening of the relevant sanctioning procedure for the offence in which it was incurred.

CHAPTER II

Temporary Residency and Work for Exceptional Circumstances of Foreign Women Victims of Gender Violence

Article 131. Complaint in favor of a foreign woman victim of gender-based violence.

If a situation of gender-based violence against a foreign woman were to be reported, its irregular situation, the administrative file sanctioning the infringement of Article 53.1.a) of the Organic Law, should be revealed. 4/2000, of January 11, will be immediately suspended by the instructor until the end of the criminal proceedings. If the sanctioning file had not been initiated at the time of filing the complaint, the decision on its opening will be postponed until the end of the criminal proceedings.

The authority in which the complaint was filed will immediately inform the foreign woman of the possibilities that are available to her in the framework of this article, as well as of the rights granted to her under the Law Organic 1/2004, of December 28, of Comprehensive Protection Measures against the Victim of Gender Violence.

Article 132. Initiation of the procedure relating to the temporary residence and work of the foreign woman victim of gender-based violence.

1. The foreign woman who is in the situation described in the previous article may apply to the Office of Foreign Affairs for an authorization of residence and work for exceptional circumstances, by itself or through representative, from the time a protection order has been issued to his or her favor or issued a report of the Fiscal Ministry in which the existence of indications of gender-based violence is appreciated.

2. At the time of submission of the application, or in any subsequent subsequent criminal proceedings, the foreign woman, by herself or through a representative, may apply for an authorisation of residence for exceptional circumstances. (a) of his or her minor children, or of residence and work due to exceptional circumstances in case of over sixteen years of age, who are in Spain at the time of the complaint.

3. The application shall be accompanied by the following documentation:

(a) Copy of the complete passport, or travel document, in force, of the foreign woman and/or, where appropriate, of her minor children. If applicable, this document will be replaced by registration card, in force.

b) Where appropriate, a document granting the legal representation in favour of the natural person making the application.

c) Copy of the protection order or the Fiscal Ministry report.

The processing of applications submitted under this Article shall be of a preferential nature.

Article 133. Temporary authorisation of temporary residence and work of the foreign woman victim of gender-based violence.

1. The application for authorisation of temporary residence and work of the woman victim of gender-based violence shall be submitted by the delegate or subdelegation of the competent government, on its own initiative, with a provisional authorisation of residence and work in favour of the foreign women and, where appropriate, residence or residence permits and provisional work in favour of their children under age or who have a disability and are not objectively capable of providing their needs, provided there is a order of protection in favour of foreign women or a report of the Ministry of Public Prosecutor's the existence of signs of gender-based violence.

2. The provisional authorisation for foreign women shall be granted, including the possibility of working, for hire or self-employment, in any occupation, sector of activity and territorial scope. The provisional authorisation for children over 16 years of age shall be of the same scope.

3. The provisional authorisation shall be effective from the date of its granting. Its validity shall be conditional upon the grant or refusal of the final authorisation.

4. Within one month of the date of its granting, the holder of the authorization shall, in person and before the Office of Foreign Affairs or the Police Commissioner concerned, request the Foreign Identity Card. This card, which shall be valid annually, shall state that the holder is authorised to reside and work in Spain, but not his provisional character or his status as a victim of gender-based violence.

The provisions laid down in this paragraph shall apply, where appropriate, to authorisations granted in favour of children under age or who have a disability and are not objectively capable of providing their needs.

5. The Delegation or Subdelegation of the Government which granted the provisional authorisations shall inform the judicial authority which is aware of the criminal proceedings.

Article 134. Completion of the procedure relating to the temporary residence and work of the foreign woman victim of gender-based violence.

Concluded the criminal proceedings, the Prosecutor's Office will bring it to the attention of the Office of Foreign Affairs and the Police Commissioner concerned, for the following purposes:

1. Having concluded with a conviction or a judgment of the court that the woman has been the victim of gender-based violence, for the purposes of:

(a) If the residence and work authorisation has been applied for, the granting of the residence and work by the competent government's delegate or subdelegation and its notification, within the maximum period of 20 days from the date of the Office of Foreignness consists of the sentence.

The duration of the authorization will be five years. This, without prejudice to the possibility of its holder of access in the course of the latter to the situation of long-term residence, upon request, to which effect, where appropriate, the time during which he would have been the holder of a provisional authorisation granted on the basis of the previous article.

Within one month of granting the authorization, the holder of the authorization shall request, in person and before the Office of Foreign Office or the Police Commissioner concerned, the Foreign Identity Card. That card shall state that the holder is authorised to reside and work in Spain, but not his status as a victim of gender-based violence.

The provisions set out in this paragraph shall apply, where appropriate, to the authorisations requested in favour of children under age or who have a disability and are not objectively capable of providing their needs.

(b) If the residence and work authorization has not been requested, the Prosecutor's Office shall inform the foreign woman of the possibility that she may attend on the basis of this Article of requesting a residence permit. temporary residence or temporary residence permits and work for their children under age or who have a disability and are not objectively able to provide their needs.

You will also be informed that you have a period of six months from the date on which you have been notified of the judgment, for the submission of the application or requests.

The procedure relating to the application for authorisation shall be dealt with in accordance with the terms of Article 132. The authorization which, if appropriate, is granted, shall have the effects and validity provided for in the preceding subparagraph. This will also apply to applications submitted in favour of children under age or who have a disability and are not objectively capable of providing their needs.

(c) The granting of a residence permit and work for exceptional circumstances in accordance with the provisions of this paragraph shall constitute the file of the sanctioning procedure that may exist with the foreign woman. victim of gender-based violence.

2. Having concluded with a non-conviction or a judgment of the court that the woman has not been the victim of gender-based violence, for the purposes of:

(a) If the authorization of residence and work had been requested on the basis of the provisions of Article 132, the refusal of authorization. Where appropriate, the refusal of applications submitted in favour of children under age or who have a disability and are not objectively capable of providing their needs.

(b) The automatic loss of effectiveness of the provisional authorisation which could have been granted, the ownership of which cannot be claimed in the light of the long-term resident status. This forecast shall apply, where appropriate, to the provisional authorisations of children under age or who have a disability and are not objectively capable of providing their needs.

(c) The initiation or continuation of the penalty procedure for foreign nationals initially not initiated or suspended, and their processing and resolution in accordance with the provisions of Title III of the Organic Law 4/2000.

CHAPTER III

Temporary Residency and Work for Exceptional Circumstances by Collaboration Against Organized Networks

Article 135. Disclaimer.

1. In accordance with Article 59 of the Organic Law 4/2000 of 11 January, the authority with which a foreigner is collaborating, who is irregularly found in Spain and is a victim, injured or witnesses an act of illicit trafficking in human beings (a) human rights, illegal immigration, labour exploitation or the illicit trafficking of labour or exploitation in prostitution by abusing their situation of need, shall send a report on such collaboration to the administrative body responsible for the instruction in the sanctioning file, for the purpose of proposing to the Delegate or Subdelegate the exemption from liability in relation to the infringement of Article 53,1 (a) of the Organic Law 4/2000 of 11 January.

2. He/she shall be competent to determine the exemption of the liability from abroad by the Government Delegate or Subdelegate in the province in which the administrative procedure for the enforcement of foreign nationals has been initiated.

3. Within the framework of the decision on the exemption from liability of the foreign national, the Delegate or Deputy Government delegate shall also decide on the temporary suspension of the infringement procedure initiated or the execution of the expulsion measure or return that would have already been agreed.

4. If the disclaimer is not determined, the continuation of the sanctioning procedure or the execution of the suspended removal or return measure shall be decided.

Article 136. Authorisation of residence and work in collaboration with non-police administrative authorities.

1. Where applicable, the exemption of liability, the authority which issued the decision in this regard shall inform the foreigner of the possibility of submitting an application for authorization of residence and work for the purposes of the exceptional circumstances, addressed to the holder of the Secretary of State for Immigration and Emigration, if the collaboration against organised networks occurs with non-police administrative authorities.

2. The application for authorization, which shall be submitted to the Delegation or Subdelegation of the Government which has determined the disclaimer, may be submitted by the foreigner personally or through a representative.

The request will be accompanied by the following documentation:

a) Copy of the complete passport, or travel document, in force, from abroad. If applicable, this document will be replaced by registration card, in force.

b) Where appropriate, a public document granting the legal representation in favour of the natural person making the application.

3. The Delegation or Subdelegation of the Government shall immediately forward the request to the Secretary of State for Immigration and Emigration for a resolution, accompanied by a report on the meaning of the resolution and the report issued by the authority with the that would have collaborated.

4. The referral of the application for authorisation of residence and work for exceptional circumstances, in the case of a report favourable to the granting of such authorisation, shall mean the granting of provisional authorisation of residence and work by the Delegate or Sub-delegate of the Government, for which it will not be necessary for the data subject to submit a new application.

5. The Government Delegate or Subdelegation shall notify the person concerned that the proposal to initiate the procedure has been carried out and the granting of provisional authorisation of residence and work has been granted.

6. Granted, where appropriate, the provisional authorisation shall involve the possibility of working, for hire or reward, in any occupation, sector of activity and territorial scope.

The provisional authorisation shall be effective from the time of notification of its granting and until resolution on the application for final authorisation is issued.

Within one month of granting, the holder of the provisional authorization shall request, in person and before the Office of Foreign Office or Police Commissioner, the Foreign Identity Card. That card shall state that the holder is authorised to reside and work in Spain, but not his provisional character or his status as a contributor to actions against organised networks.

The Foreign Identity Card will be renewable on an annual basis.

7. Resolved favourably, if necessary, the procedure on the definitive authorization, by the holder of the Secretary of State for Immigration and Emigration, the authorization of residence and work will be valid for five years and will involve the the possibility of working, for hire or self-employment, in any occupation, sector of activity and territorial scope.

This, without prejudice to the possibility of its holder of access in the course of these to the situation of long-term residence, upon request, to which effect the time during which he would have been a holder shall be computed. of a provisional authorisation granted on the basis of this Article.

Within one month of granting, your holder will have to request, personally and with the Foreign Office or the Police Commissioner concerned, the Foreign Identity Card. That card shall state that the holder is authorised to reside and work in Spain, but not his status as a contributor to organised networks.

8. Refusal of the authorization of residence and work, which shall be notified to the person concerned through the Delegation or Subdelegation of the Government which has declared the disclaimer, shall mean the loss of validity of the authorization This is the case for a number of other matters. In this case, the ownership of the provisional authorisation shall not be invoked in the light of the obtaining of the long-term resident status.

9. The preceding paragraph shall be without prejudice to the possibility for the alien to initiate a procedure for applying for authorisation of residence for exceptional circumstances, on the grounds of the concurrence of a case other than that provided for in Article 59 of Organic Law 4/2000.

Article 137. Authorization of residence and work in collaboration with law enforcement, tax or judicial authorities.

1. Where applicable, the exemption of liability, the authority which issued the decision in this regard shall inform the foreigner of the possibility of submitting an application for authorization of residence and work for the purposes of the exceptional circumstances, addressed to the holder of the Secretary of State for Security, if the collaboration against organized networks occurs with law enforcement, tax or judicial authorities.

2. The application for authorisation shall be submitted by the foreigner to the relevant foreign police unit, either personally or through a representative.

The request will be accompanied by the following documentation:

a) Copy of the complete passport, or travel document, in force, from abroad. If applicable, this document will be replaced by registration card, in force.

b) Where appropriate, a public document granting the legal representation in favour of the natural person making the application.

3. The police unit of foreign nationals will immediately transfer the request, together with the report issued by the authority with which it had collaborated and the report of the police unit itself on the meaning of the resolution, to the Commissioner General de Foreignería and Fronteras, which will make a proposal to the Secretariat of State for Security for its resolution.

The police unit will notify the interested party that the proposal to initiate the procedure has been carried out.

4. If the report of the police unit of foreign nationals is in favour of granting the authorisation, the referral of the application to the Commissioner for Foreign Affairs and Borders, in accordance with the provisions of the previous paragraph, shall be the granting of provisional authorisation of residence and work.

5. The foreign police unit shall notify the person concerned whether or not the provisional authorisation of residence and work has been granted.

6. Granted, where appropriate, the provisional authorisation shall involve the possibility of working, for hire or reward, in any occupation, sector of activity and territorial scope.

The provisional authorisation shall be effective from the time of notification of its granting and until resolution on the application for final authorisation is issued. Within one month of the date of its granting, the holder of the provisional authorisation shall, in person and before the Office of Foreign Office or Police Commissioner, request the Foreign Identity Card. This card shall state that the holder is authorised to reside and work in Spain, but not his provisional character or his status as a contributor to actions against organised networks. The Foreign Identity Card shall be renewable on an annual basis.

7. Having resolved the procedure on the final authorization, if necessary, by the holder of the Secretary of State for Security, the authorization of residence and work will be valid for five years and will involve the possibility of working, for an employed or self-employed person, in any occupation, sector of activity and territorial scope.

This, without prejudice to the possibility of its holder of access in the course of these to the situation of long-term residence, upon request, to which effect the time during which he would have been a holder shall be computed. of a provisional authorisation granted on the basis of this Article.

Within one month of granting, your holder will have to request, personally and with the Office of Foreign Office or Police Commissioner, the Foreign Identity Card. That card shall state that the holder is authorised to reside and work in Spain, but not his status as a contributor to organised networks.

8. Refusal of the authorization of residence and work, which shall be notified to the person concerned and communicated to the Delegation or Subdelegation of the Government which has declared the disclaimer, shall mean the loss of validity of the authorization This is the case for a number of other matters. In this case, the ownership of the provisional authorisation shall not be invoked in the light of the obtaining of the long-term resident status.

9. The preceding paragraph shall be without prejudice to the possibility for the alien to initiate a procedure for applying for authorisation of residence for exceptional circumstances, on the grounds of the concurrence of a case other than that provided for in Article 59 of Organic Law 4/2000.

Article 138. Assisted return to the country of origin from abroad.

1. Without prejudice to what the competent authorities in the framework of the investigation against organized networks may determine on their necessary permanence in Spanish territory, in accordance with the regulations applicable to their collaboration in the investigation or procedure, the foreigner, once declared his disclaimer, may request the assisted return to his/her country of origin.

2. The foreign national may submit such a request, addressed to the Secretary of State for Immigration and Emigration, to the Delegation or Subdelegation of the Government that has determined the exemption of his/her responsibility.

The Secretary of State for Immigration and Emigration will facilitate the management and assistance of voluntary return. In any event, the assisted return shall include the assessment, prior to departure, of the risks and safety, transport and assistance at the point of departure, transit and destination.

3. If the need for a stay abroad in Spain has been determined in relation to their collaboration in the investigation against organized networks, the request for an assisted return will be processed as soon as they disappear. causes that determine their obligation to remain in Spanish territory.

Article 139. Underage foreigners.

In the application of the provisions of this chapter to foreign minors, the actions carried out will be at all times subject to the achievement of the best interests of the child, establishing protective measures specific.

CHAPTER IV

Temporary residence and work due to exceptional circumstances of foreign human trafficking victims

Article 140. Coordination of actions.

The Secretaries of State for Immigration and Emigration, Justice, Security and Equality will push for the adoption of a framework protocol for the protection of victims of trafficking in human beings, in which the coordination and action of the institutions and administrations with powers related to this chapter.

The above protocol will cover the scope and form of participation of non-governmental organizations, foundations or other non-profit associations which, for their purpose, are specialized in the reception and/or the protection of victims of trafficking in human beings and participating in programmes developed by public administrations for the assistance and protection of human beings.

Article 141. Identification of potential non-Community victims of trafficking in human beings.

1. Anyone who is aware of the existence of a potential victim of trafficking in human beings shall immediately inform the competent police authority for the investigation of the offence or the Delegation or Subdelegation of Government of the province where the potential victim is found, who will activate without delay any forecasts of this article.

On the other hand, at the request of a party, or at the order of the Government Delegate or Subdelegate, the law enforcement authorities, as soon as they have prima facie evidence of the existence of a potential victim of trafficking in foreign human beings irregular situation, shall inform you in writing, in writing, in a language which is understandable to you, of the provisions laid down in Article 59a of the Organic Law 4/2000 of 11 January 2000 and in this Regulation. They shall also ensure that they are aware of the possibility of being referred to them by the competent authorities or municipal authorities in the field of social and health care.

2. The identification of the victim will be carried out by the police authorities with specific training in the investigation of trafficking in human beings and in the identification of their victims.

When identification requires the statement of the potential victim of trafficking, it shall be done by means of personal interviews conducted under conditions appropriate to the personal circumstances of the victim, ensuring the absence of persons from the environment of the exploiters, and, as far as possible, the provision of due legal, psychological and care support.

All available information that can be used for the identification of the potential victim and the organizations dedicated to the promotion and defense of the rights of the victims of trafficking will be collected. information consider relevant to these effects. In the interests of the protection of the integrity of the same such information shall be reserved.

During all this identification phase, the sanctioning file or, where appropriate, the agreed expulsion or return shall be immediately suspended and the competent police authority, if necessary, shall ensure security and safety. protection of the potential victim.

Article 142. Period of restoration and reflection.

1. Where the identification has been carried out by the foreign units, they shall, within the maximum period of forty-eight hours and after the victim's compliance, raise the corresponding proposal on the granting of the recovery period. and reflection on the Delegation or Subdelegation of the Government of the province where the identification was carried out. The proposal will be favourable when it considers that there are reasonable grounds for believing that the alien is a potential victim of trafficking in human beings and, in such a case, will include the duration of the reflection period, which will be at least thirty days and, in any case, sufficient for the foreigner to be able to re-establish itself and decide whether he wishes to cooperate with the authorities in the investigation of the offence and, where appropriate, in the criminal proceedings.

The proposal will be accompanied by the complete dossier, the police authority's report on the administrative and personal situation of the police, as well as others who could work in the proceedings and, in particular, those from of organisations engaged in the promotion and defence of the rights of victims of trafficking who have been brought to the court.

2. Where the victim has been identified by other law enforcement authorities, they shall, as soon as possible, refer to the foreign unit of the place where the identification was made, a reasoned report on the existence of evidence reasonable that the person could be a victim of trafficking in human beings, together with the request for the establishment of the reflection period and all the information and documentation of interest to be resolved on its concession.

The competent foreign unit shall proceed as provided for in paragraph 1 of this Article.

3. The competent delegate or subdelegation shall decide on the proposal for the granting of the recovery and reflection period and on its duration within the maximum period of five days, after which the period shall be deemed to have been granted for the duration of the period. reviewed in the proposal. However, if, at the time of the delegation or Subdelegation of Government, the favourable proposal is entered into a Foreign Interment Centre, the decision must be taken within 24 months. hours.

The time limits set out in this paragraph shall be computed from the date of receipt of the proposal in the Delegation or Subdelegation of the competent Government.

4. The resolution on the period of restoration and reflection shall be notified to the person concerned immediately and by the quickest means by the Government Delegation or Subdelegation, either directly or through the police authority which have made the proposal for a concession, which will in any event be given the knowledge of the resolution. If that police authority is not the same as the investigation, the resolution shall be equally communicated to the latter as well as to the victim in its custody.

5. The resolution, if favourable, will make express, inter alia, the decision to suspend temporarily the sanctioning procedure which would have been initiated or the execution of the expulsion or return measure which would have been agreed upon in the The Court of Justice held that the Court of Justice held that the Court of Justice held a Similarly, it will bring the proposal to the competent judicial authority of the release of the foreigner in case the precautionary measure of its entry into an International Center of Foreigners has been agreed.

In the event that the sanctioning procedure or the removal or return measure suspended outside the jurisdiction of another Delegate or Deputy Government delegate, the decision to grant the period of validity of the re-establishment and reflection, for the purposes of the provisions set out in the preceding paragraph.

6. The resolution for which the period of restoration and reflection shall be granted shall authorise the stay of the foreigner in Spanish territory for the duration determined for that period.

7. During the period of restoration and reflection, the competent police authority, in accordance with the criteria laid down in the Protocol provided for in Article 140, shall ensure the safety and security of the person. It shall also ensure that it is aware of the possibility of being referred to it by the competent authorities or municipal authorities in the field of social assistance.

Article 143. Disclaimer.

1. The authority with which the victim of trafficking of human beings is collaborating in the framework of the investigation of the crime or of the criminal procedure, may propose to the competent Delegate or Subdelegate the exemption of responsibility of the same in Article 3 (1) (a) of the Organic Law 4/2000, of 11 January.

Without prejudice to the foregoing, and in consideration of the personal situation of the victim, the Government Delegate or Subdelegate may determine the exemption of liability on its own initiative.

2. The suspension of the sanctioning procedure or the execution of the expulsion or return measure shall be lifted if the non-waiver of liability is determined.

In the event that the sanctioning procedure or the measure expulsion or return suspended is the competence of another Delegate or Deputy Government, the decision will be given to the decision on the exemption from the responsibility of the foreign to the effect of archiving the procedure, continuing it, or revoking the removal or return measure.

3. Without prejudice to the above paragraph, the continuation of the sanctioning procedure shall be equally conditional, in the event that the alien initiates a procedure for applying for authorisation of residence by circumstances. exceptional, on the grounds of the concurrence of a case other than that provided for in Article 59bis of the Organic Law 4/2000, to the judgment of the same.

Article 144. Authorization of residence and work.

1. Where appropriate, the exemption from liability is determined by the body which has issued the decision in that regard, and shall inform the foreigner of the possibility of submitting an application for authorization of residence and work for the exceptional circumstances, addressed to the holder of the Secretary of State for Security or the Secretary of State for Immigration and Emigration, on the basis that the statement of reasons, respectively, in the victim's cooperation investigation of the crime or its personal situation.

If the disclaimer is determined on the basis of a double concurrence of the above circumstances, you will be informed of the possibility that you may be able to initiate the procedures for applying for authorisation. residence and work due to exceptional circumstances.

2. The application for authorization, which shall be submitted to the Delegation or Subdelegation of the Government which has determined the disclaimer, may be submitted by the foreigner personally or through a representative.

Except as provided for in the second paragraph of Article 59bis.4 of Organic Law 4/2000 of 11 January, the application shall be accompanied by the following documentation:

a) Copy of the complete passport, or travel title, in force, from abroad. If applicable, this document will be replaced by registration card, in force.

b) Where appropriate, a public document granting the legal representation in favour of the natural person making the application.

3. The Delegation or Subdelegation of the Government shall immediately forward the request to the Secretariat of State responsible for its resolution, accompanied by a report on the administrative and personal situation of the foreigner and on the meaning of the resolution.

In the event that, as provided for in paragraph 1 of this Article, a foreigner has filed two applications for residence authorization due to exceptional circumstances in accordance with the provisions of this Chapter, the Delegation or Subdelegation of the Government, in the relevant transfers to the competent Secretaries of State, shall state the existence of the two procedures.

4. The referral of the application for authorisation of residence and work for exceptional circumstances, in the case of a report favourable to the granting of such authorisation, shall mean the granting of provisional authorisation of residence and work by the Delegate or Sub-delegate of the Government, for which it will not be necessary for the data subject to submit a new application.

The Government Delegation or Subdelegation shall inform the person concerned about the transfer of the application to the Secretariat of State competent for its decision and shall notify it of the granting or not of the provisional authorisation of residence and job.

The provisional authorisation will involve the possibility of working, for hire or self-employment, in any occupation, sector of activity and territorial scope, and will be effective from the moment of notification of its granting and until resolution on the application for authorisation has been made.

Within one month of granting, the holder of the provisional authorization shall request, in person and before the Office of Foreign Office or the Police Commissioner concerned, the Foreign Identity Card. That card shall state that the holder is authorised to reside and work in Spain, but not his provisional status or status as a victim of trafficking in human beings.

The Foreign Identity Card will be renewable on an annual basis.

5. Having regard to the procedure on the final authorization by the holder of the competent State Secretariat, the authorization of residence and work shall be valid for five years and shall include the possibility of working, as an employed person. or on its own, in any occupation, sector of activity and territorial scope. This, without prejudice to the possibility of its holder of access in the course of the latter to the situation of long-term residence, upon request, to which effect, where appropriate, the time during which he would have been the holder of a provisional authorisation granted on the basis of this Article.

Within one month of granting, your holder will have to request, personally and with the Foreign Office or the Police Commissioner concerned, the Foreign Identity Card. That card shall state that the holder is authorised to reside and work in Spain, but not his status as a victim of trafficking in human beings.

6. The refusal of the authorization of residence and work will entail the loss of validity of the provisional authorization that could have been granted, without the need for an express administrative statement. In this case, the ownership of the provisional authorisation shall not be invoked in the light of the obtaining of the long-term resident status.

7. The preceding paragraph shall be without prejudice to the possibility for the alien to initiate a procedure for applying for authorisation of residence for exceptional circumstances, on the grounds of the concurrence of a case other than that provided for in Article 59a of Organic Law 4/2000.

8. The content of this provision will not affect the right of foreign nationals to apply for and enjoy international protection.

Article 145. Assisted return to the country of provenance.

1. The foreign national may request the return to his country of origin at any time since reasonable grounds for his possible status as a victim of trafficking in human beings are appreciated, without prejudice to the authorities ' competent in the context of the investigation of the criminal offence or criminal proceedings may determine their necessary permanence in Spanish territory in accordance with the rules applicable to their participation in that investigation or procedure,

2. This request, addressed to the Secretary of State for Immigration and Emigration, may be submitted to any of the competent authorities in the framework of the procedures covered by this Chapter.

The Secretary of State for Immigration and Emigration will facilitate the management and assistance of voluntary return in accordance with Article 16 of the Council of Europe Convention on the fight against trafficking in human beings. human. In any event, the assisted return shall include the assessment, prior to departure, of the risks and safety, transport and assistance at the points of departure, transit and destination.

3. If the need for a foreign national to remain in Spain under the provisions of paragraph 1 of this Article would have been determined, the request for assisted return will be dealt with as soon as the causes of the return of the person concerned are removed. must remain in Spanish territory.

Article 146. Foreign minors victims of trafficking in human beings.

1. In the event that the age minority of the victim of trafficking in human beings is determined, the actions to be performed under this chapter shall at all times ensure that the child's best interests are preserved.

2. The public institution responsible for the legal protection of the minor victim or the Prosecutor's Office may propose the referral of the child to specific resources for victims of trafficking in human beings, for reasons of protection or assistance. specialized.

3. In any case, the specific resources for victims of trafficking in human beings should ensure the separation between minors and the elderly.

TITLE VI

Long Term Residence

CHAPTER I

Long Term Residence

Article 147. Definition.

It is in the situation of long-term residence abroad that he has been authorized to reside and work in Spain indefinitely under the same conditions as the Spaniards.

Article 148. Assumptions.

1. They shall be entitled to obtain a long-term residence permit for foreign nationals who have resided legally and continuously in the Spanish territory for five years.

Likewise, the right to obtain such authorization will be granted by foreigners who have been resident in the European Union during that period, as holders of a blue-EU card, provided that in the two years immediately prior to the application such residence has occurred on Spanish territory.

2. The continuity referred to in the preceding paragraph shall not be affected by absences from the territory of Spain for up to six months, provided that the sum of these does not exceed the total of 10 months within the five years referred to in paragraph 1. 1, unless the corresponding exits were made in an irregular manner.

In case of absences for work reasons, the continuation of the residence will not be affected by absences from the Spanish territory for up to six months, provided the sum of these does not exceed the total of one year within the required five years.

In the case of application for a long-term residence permit on the basis of the provisions of the second subparagraph of the previous paragraph, the continuity of residence as the holder of a blue-EU card will not be affected by European Union absences of up to twelve months, provided that the sum of these does not exceed the total of eighteen months within the required five years of residence.

3. The long-term residence permit will also be granted to foreign nationals who credit that they are in any of the following cases:

(a) Residents who are beneficiaries of a retirement pension, in their contributory form, included within the protective action of the Spanish Social Security system.

(b) Residents who are beneficiaries of an absolute permanent disability pension or invalidity pension, in their contributory form, including within the protective action of the Spanish Social Security system or benefits similar to those obtained in Spain and consisting of a life income, not capitalizable, sufficient to sustain it.

(c) Residents who have been born in Spain and, when coming of age, have resided in Spain legally and continuously for at least the three consecutive years immediately preceding the application.

(d) Foreigners who have been Spanish of origin and have lost Spanish nationality.

e) Residents who, when arriving at the age of majority, have been under the tutelage of a Spanish public entity for the five years immediately preceding them in a row.

(f) Patroids, refugees or beneficiaries of subsidiary protection who are on Spanish territory and who have been recognised as having their status in Spain.

g) Foreigners who have contributed in a noticeable way to the economic, scientific or cultural progress of Spain, or to the projection of Spain abroad. In these cases, the holder of the Ministry of Labour and Immigration shall be responsible for granting the long-term residence permit, following the report of the holder of the Ministry of the Interior.

Article 149. Procedure.

1. Foreigners who are in Spanish territory and are in any of the cases referred to in the previous article must direct their application, in an official model, to the Office of Foreign Office of the province where they reside or, in the case of that the prior condition of resident in Spain is not required, where they wish to establish their residence.

Foreigners who are not in national territory must personally submit the application to the diplomatic or consular post in whose demarcation they reside, which will be transferred to the Foreign Office competent to their resolution.

The application for long-term residence authorisation based on the assumption provided for in paragraph 3.g) of the previous article shall not be submitted by the person concerned but shall be automatically requested by the Directorate-General for Immigration, upon receipt of a proposal within the meaning of a public authority with competence related to the merit of the request, accompanied by the supporting documentation of such merit.

2. The application must be accompanied by the following documentation:

a) Copy of the complete passport in force or travel title, recognized as valid in Spain, upon display of the original document.

b) Imprison credit of the fee for processing the procedure.

(c) In the case of applications based on previous periods of residence, a report issued by the competent authorities certifying the schooling of minors under their care, in the age of compulsory schooling.

(d) Where appropriate, supporting documentation of periods of prior residence, as the holder of a Blue-EU Card, in other Member States of the European Union.

(e) Where appropriate, supporting documentation to be found in any of the assumptions referred to in Article 148.3 (c) to (f).

(f) Where appropriate, a criminal record certificate or equivalent document issued by the authorities of the country of origin or the country or countries in which he has resided for the last five years, in which he must not have convictions for offences provided for in the Spanish order.

3. Upon receipt of the request, the Office of Foreign Affairs shall verify the previous residence time in Spanish territory and shall obtain the corresponding certificate of criminal history in Spain, as well as those reports it deems relevant. for the processing and resolution of the procedure, which shall include, where appropriate, the reports showing that the person is included in the cases referred to in paragraphs (a) and (b) of Article 148.3.

On the other hand, if the schooling of the compulsory schooling under the age of the applicant, the Office of the applicant, has not been established on the basis of the documentation submitted together with the application, Aliens shall bring this circumstance to the attention of the competent educational authorities, and shall expressly and in writing notice to the foreign applicant that in the event of no schooling and the corresponding report is presented in the period of 30 days, the authorisation shall not be granted.

4. Within three months of the receipt of the request, the competent body shall decide.

5. Granted, where appropriate, the long-term residence permit, the foreigner must personally apply for the Foreign Identity Card within one month of the notification of the decision.

Article 150. Renewal of the Foreign Identity Card of long-term residents.

1. Foreigners who are holders of a long-term residence permit must apply for the renewal of the Foreign Identity Card every five years.

2. The application for renewal shall be submitted during the 60 calendar days immediately preceding the date of expiry of the validity of the card. The submission of the application within this period shall extend the validity of the previous card until the decision of the procedure. It shall also be extended until the decision of the procedure in the event that the application is submitted within 90 calendar days after the date on which the validity of the previous card was completed, without prejudice to the the opening of the relevant sanctioning procedure for the offence in which it was incurred.

3. Failure to submit a request for renewal of the Foreign Identity Card within the time limits laid down in paragraph 2 shall in no case entail the termination of the long-term residence permit.

4. The application for renewal of the Foreign Identity Card shall be accompanied by the following documentation:

a) Full passport in force or travel title, recognized as valid in Spain, upon display of the original document.

b) Imprison credit of the fee for processing the procedure.

c) A photograph, in accordance with the requirements set out in the national identity document regulations.

CHAPTER II

Long-term residence-EU

Article 151. Definition.

It is in the situation of long-term residence abroad that the foreigner who has been authorized to reside and work in Spain indefinitely under the same conditions as the Spaniards and who benefits from the established above Council Directive 2003 /109/EC of 25 November 2003 on the status of third-country nationals who are long-term residents.

Article 152. Requirements.

1. Foreigners who meet the following requirements shall be entitled to obtain a long-term residence permit:

a) Haber resided legally and continuously in the Spanish territory for five years.

The continuity will not be affected by absences from the Spanish territory for up to six months, provided that the sum of these does not exceed the total of ten months within the five-year period of stay required, except that the corresponding exits have been effected in an irregular manner.

In case of absences for work reasons, the continuation of the residence will not be affected by absences from the Spanish territory for up to six months, provided the sum of these does not exceed the total of one year within the required five years.

For the purposes set out in the preceding paragraphs, the periods of stay in residence by study, student mobility or non-working practices shall be taken into account in 50% of the total duration of the stay. that at the time of the application for the long-term residence permit, the foreigner is in a situation of residence in Spain.

Likewise, the right to obtain such authorization will be granted by foreigners who have been continuously resident in the European Union, as holders of a blue-EU card, provided that in the two years immediately prior to the application for that residence has occurred on Spanish territory. In this case, the continuity of the residence as holder of a blue-EU card will not be affected by absences from the European Union of up to twelve months, provided that the sum of these does not exceed the total of eighteen months within the five years of residence required.

b) Contar with fixed and regular resources sufficient for their maintenance and, where appropriate, that of their family. The terms and amounts to assess compliance with this requirement shall be those provided for in the area of family reunification. Resources may come from their own resources or from the performance of work or professional activities.

c) Contar with a public insurance or a private health insurance agreement with an insurance entity authorized to operate in Spain.

Article 153. Procedure.

1. Foreigners who are in Spanish territory and who are in the case provided for in the previous Article shall direct their application, in official form, to the Office of Foreign Office where they reside.

Foreigners who are not in national territory must personally submit the application to the diplomatic or consular post in whose demarcation they reside, which will be transferred to the Foreign Office competent to their resolution.

2. The application must be accompanied by the following documentation:

a) Copy of the complete passport in force or travel title, recognized as valid in Spain, upon display of the original document.

b) Imprison credit of the fee for processing the procedure.

(c) Where appropriate, supporting documentation of the periods of prior residence, as the holder of a blue-EU card, in other Member States of the European Union.

(d) Supporting documentation that the applicant has sufficient fixed and regular resources for his/her maintenance and, where applicable, that of his/her family.

e) Supporting documentation that the applicant has a public insurance or a private health insurance agreement with an insurance entity authorized to operate in Spain.

(f) Where appropriate, a criminal record certificate or equivalent document issued by the authorities of the country of origin or the country or countries in which he has resided for the last five years, in which he must not have convictions for offences provided for in the Spanish order.

3. Upon receipt of the request, the Office of Foreign Affairs will check the previous residence time on Spanish territory; and will collect the corresponding certificate of criminal history in Spain.

4. Within three months of the receipt of the request, the competent body shall decide.

5. Granted, where applicable, the long-term residence permit-EU, the alien must personally apply for the Foreign Identity Card, within one month of the notification of the decision.

Under the heading "Type of permit" of the issued card, the words "Long-term resident EU-EU" shall be included.

Article 154. Renewal of the Foreign Identity Card of long-term residents of the EU.

1. Foreigners who are holders of a long-term residence permit-EU must apply for the renewal of the Foreign Identity Card every five years.

2. The application for renewal shall be submitted during the 60 calendar days immediately preceding the date of expiry of the validity of the card. The submission of the application within this period shall extend the validity of the previous card until the decision of the procedure. It shall also be extended until the resolution of the procedure in the event that the application is submitted within 90 calendar days after the date of the end of the validity of the previous card.

3. The non-submission of application for renewal of the Foreign Identity Card within the time limits laid down in paragraph 2 shall in no case entail the termination of the long-term residence permit-EU.

4. The application for renewal of the Foreign Identity Card shall be accompanied by the following documentation:

a) Copy of the complete passport in force or travel title, recognized as valid in Spain, upon display of the original document.

b) Imprison credit of the fee for processing the procedure.

CHAPTER III

Long-term resident EU-EU mobility in another Member State

Article 155. Long-term residence in Spain of long-term resident in another Member State of the European Union.

1. Any foreign holder of a long-term residence permit granted by another Member State of the European Union may apply to reside in Spain without requiring a visa.

2. The application may be submitted at any time prior to entry into Spanish territory and no later than three months after the entry has been made.

It will be presented, addressed to the Office of Foreign Office of the province in which it wishes to reside or where the work or professional activity will begin, before the Spanish consular office corresponding to the previous place of residence in the European Union or the Office of Foreign Affairs itself.

3. The application shall be accompanied by:

(a) Supporting documentation of your long-term resident status in another EU Member State.

b) Copy of the complete passport, or travel document, in force, from abroad.

c) Imprison accrediting the fee for processing the procedure.

d) Supporting documentation of meeting the following requirements, depending on the motivation of the application:

1. In case the motivation is to reside in Spain without developing gainful activities: documentation on economic means and accommodation, required to reside in Spain without performing gainful activities.

2. In case the motivation is to reside in Spain and to develop gainful activities: documentation in the field of work that is required according to whether one wishes to develop an activity for an employed or for account or, where appropriate, supporting documentation that the exception of the work authorisation which the data subject claims is granted. The requirement for the national employment situation to permit the recruitment of a foreigner shall not apply.

The above documentation must demonstrate compliance with these requirements in the terms set out in the articles of this Regulation concerning the authorization of residence or residence and work, depending on the reason the request.

4. The Government Delegation or Subdelegation shall decide on the application and shall notify the decision within the maximum period of 45 days.

5. Granted, if necessary, the authorization, the foreigner must enter Spain within the maximum period of three months from the notification of the decision, not to be already in Spanish territory.

6. The authorisation shall be valid from the entry of the foreigner in Spain within the period specified in the previous paragraph or from the date of notification of the decision, to be in Spain.

If the reason for the application is to develop an activity in Spain for an employed or self-employed account, the authorization will be effective at the time of the discharge from abroad in the corresponding security system. Social. The discharge in the corresponding social security scheme shall be made within three months of the notification of the concession.

7. The Foreign Identity Card must be personally requested by the foreigner, with the Office of Foreign Office or the Police Commissioner concerned, within one month of the authorisation being valid. The Foreign Identity Card must be renewed every five years.

Article 156. Long-term residence in Spain of the long-term resident's family in another EU Member State.

1. Members of the family of a foreigner who holds a long-term residence permit granted by another Member State of the European Union may apply to reside in Spain, not requiring the obtaining of a visa, in the event that be part of the family unit established in the previous Member State of residence.

Members of the family shall be understood for the purposes of the preceding paragraph, those defined as family members regrouped in Article 17 of the Organic Law 4/2000 of 11 January.

2. The application may be submitted at any time prior to entry into Spanish territory and no later than three months after the entry into the Spanish territory.

It shall be submitted, addressed to the Foreign Office corresponding to the province in which the long-term resident of the EU from which the right derives, to the Spanish consular post corresponding to the place prior to residence in the European Union or to the Foreign Office itself.

The submission may be at the same time or after the application for long-term residence authorisation submitted by the holder of the long-term residence authorisation in another Member State.

3. The application shall be accompanied by:

(a) Supporting documentation of their residence in the previous Member State as a member of the family of the holder of a long-term residence permit in the EU.

b) Copy of the complete passport, or travel document, in force, of the family member.

c) Imprison accrediting the fee for processing the procedure.

(d) Documentation proves that the family or holder of the long-term residence permit-EU has economic means and housing in the terms provided for in the articles of this Regulation relating to the residence by family reunification.

4. The Government Delegation or Subdelegation shall decide on the request and shall notify the decision within the maximum period of 45 days. Without prejudice to the foregoing, the residence permit may not be granted in favour of a family member without the fact that the holder of the long-term residence permit has been granted the application for a long-term residence permit. derives the right.

5. Granted, if necessary, the authorization, the foreigner must enter Spain within the maximum period of three months from the notification of the decision, not to be already in Spanish territory.

6. The authorisation shall be valid from the entry of the foreigner in Spain within the period specified in the previous paragraph or from the date of notification of the decision, to be in Spain.

7. Except in the case of a grant of a validity of less than or equal to six months, the foreign identity card, to the Foreign Office or the Police Commissioner concerned, shall be requested by the Foreign Office personally, in the period of one month from which the authorisation takes effect.

8. The authorization granted in favour of the family member shall be considered as a residence permit for family reunification.

Article 157. Long-term residence in Spain of the long-term resident of the EU in another EU Member State.

1. A foreign resident in Spain from his or her former long-term resident status in another EU Member State will be able to access the long-term residence situation in Spain, under the terms and conditions of the residence. established on the subject in this Regulation.

2. The granting of a long-term residence permit in Spain will result in the loss of the right to retain long-term resident status in the former Member State of residence.

CHAPTER IV

Recovery of the ownership of a long-term residence or long-term residence of the EU

Section 1. Recovery of the entitlement of a long-term residence

Article 158. Scope of the recovery of the entitlement of a long-term residence.

The procedure regulated in this recovery section of the entitlement of a long-term residence authorization will result in the following assumptions:

(a) Where the authorisation has been extinguished on the basis of the provisions of paragraphs (c) and (d) of Article 166.1 of this Regulation.

(b) When the foreigner returns to Spain the period of his/her commitment of no return assumed in accordance with the provisions of Chapter X of Title IV, provided that at the time of his voluntary return to the country of origin has long-term resident status in Spain.

Article 159. Procedure.

1. The application for recovery of the ownership of the long-term residence permit shall be submitted by the foreigner, in person and in the officially established model.

2. The application, addressed to the Office of Foreign Affairs of the province in which you wish to establish your residence, may be submitted to the Office of Foreign Office or to the Spanish diplomatic mission or consular post in whose demarcation it resides.

In case of presentation within Spain, and for the purposes of entry into Spanish territory, the provisions of Articles 4 to 14 of this Regulation shall apply.

In case of presentation outside Spain, the entry of the foreigner into Spanish territory will occur as the holder of a long-term residence permit, once estimated, if necessary, the recovery of that condition. For such purposes, the competent diplomatic mission or consular post, upon request by the person concerned, shall issue a residence visa in his favour, the purpose of which shall be to obtain exclusive requirements which the applicant has been recognised as recovery of the ownership of a long-term residence permit and the payment of the fee for processing the visa procedure.

3. The application for recovery of long-term resident status shall be accompanied by the following documentation:

(a) Ordinary passport or travel title, recognized as valid in Spain, with a minimum term of four months.

(b) A certificate of a criminal record issued by the authorities of the country of origin or of the country or countries in which he has resided for the last five years, in which he must not state convictions for offences provided for in the law

(c) A medical certificate in order to prove that it does not suffer from any of the quarantine diseases provided for in the International Health Regulations.

4. Upon receipt of the request, the competent body shall record it, immediately stating its presentation, and shall enter it in the relevant application, in such a way as to enable the competent bodies to resolve to be aware of of the request in real time.

5. When the application is processed, the procedure and its immediate processing shall be carried out and the report of the Central Register of Penados, as well as those of the competent services of the Directorate-General of the Police and the Civil Guard.

This latest report will make explicit mention of whether the foreigner has fulfilled its obligations regarding the commitment of not returning to Spain for three years. The undertaking shall not be deemed to be in breach of the undertaking in the case of entry into Spain for the purpose of staying for a duration not exceeding 90 days, except in cases of irregular permanence after the end of that period or, where appropriate, the validity of any period of grace. of the stay that could have been granted.

6. The competent body, in the light of the documentation submitted and the reports obtained, shall give a reasoned decision within three months of the submission of the application, taking into account the requirements laid down in this Article.

The resolution shall be deemed to be favourable if the Administration has not expressly resolved in time.

7. In the event that the judgment is favourable, the foreigner must apply for the Foreign Identity Card, personally and with the Foreign Office or the Police Commissioner concerned, within one month of the notification. of their concession or, where appropriate, from the date of their legal entry into Spanish territory. The card will be valid for five years.

Section 2. Recovery of the ownership of a long-term EU-EU residence

Article 160. Scope of application of the recovery of the ownership of a long-term residence-EU.

The procedure laid down in this Chapter, for the recovery of the ownership of a long-term residence permit in Spain, will result in the following assumptions:

(a) Where the authorisation has been extinguished on the basis of the provisions of paragraphs (c) and (d) of Article 166.1 of this Regulation.

(b) When the foreigner had stayed for a period of more than six years outside Spanish territory.

Article 161. Procedure.

1. The application for recovery of the ownership of the long-term residence permit-EU shall be submitted by the foreigner, in person and in the officially established model.

2. It may be filed with the Office of Foreign Office in the province in which it wishes to establish its residence or, addressed to the Office of Foreign Affairs, before the Spanish diplomatic mission or consular post of its demarcation of residence.

In case of presentation within Spain, and for the purposes of entry into Spanish territory, the provisions of Articles 4 to 14 of this Regulation shall apply.

In case of presentation outside Spain, the entry of the foreigner into Spanish territory will occur as the holder of a long-term residence permit-EU, once estimated, if necessary, the recovery of that condition. For such purposes, the competent diplomatic mission or consular post, upon request by the person concerned, shall issue a residence visa in his favour, the purpose of which shall be to obtain exclusive requirements which the applicant has been recognised as recovery of the ownership of a long-term residence permit-EU and the payment of the fee for processing the visa procedure.

However, the requirements laid down in those articles for entry into Spain shall not be required where the foreign national is the holder of a residence permit in another Member State of the European Union, in accordance with the established in the law of the European Union.

3. The application for recovery of long-term resident status shall be accompanied by the following documentation:

a) Full passport in force or travel title, recognized as valid in Spain.

(b) A certificate of a criminal record issued by the authorities of the country of origin or of the country or countries in which he has resided for the last five years, in which he must not state convictions for offences provided for in the law

(c) Supporting documentation that the applicant has sufficient fixed and regular resources for his/her maintenance and, where applicable, that of his/her family.

d) Supporting documentation that the applicant has a public insurance or a private health insurance agreement with an insurance entity authorized to operate in Spain.

e) Imprison accrediting the fee for processing the procedure.

4. Upon receipt of the request, the competent body shall record it, immediately stating its presentation, and shall enter it in the relevant application, in such a way as to enable the competent bodies to resolve to be aware of of the request in real time.

5. The application shall be admissible, the procedure shall be instructed and the report of the Central Register of Penados shall be processed and processed.

6. The competent body, in the light of the documentation submitted and the reports obtained, shall give a reasoned decision within three months of the submission of the application, taking into account the requirements laid down in this Article.

The resolution shall be deemed to be favourable if the Administration has not expressly resolved in time.

7. In the event that the judgment is favourable, the foreigner must apply for the Foreign Identity Card, personally and with the Foreign Office or the Police Commissioner concerned, within one month of the notification. of its concession. The card will be valid for five years.

TITLE VII

Extinction of residence and residence permits and work

Article 162. Extinction of the temporary residence permit

The extinction of the temporary residence permit, except in the cases specifically regulated in other articles of this chapter, will be produced in accordance with the provisions of this article.

1. The validity of the temporary residence permits shall be extinguished without the need for an administrative statement:

(a) For the duration of the period for which they were issued. However, in accordance with the provisions of this Regulation, the validity of the authorisation shall be deemed to be extended in the event that its renewal is requested in time and until the renewal procedure is resolved.

(b) The foreign resident must be obliged to renew the authorization in an extraordinary way, pursuant to the provisions of the competent authorities in the states of exception or of the place of use, in accordance with the provisions of the 24 of the Organic Law 4/1981, of June 1, regulating the states of alarm, exception and site.

(c) For the inclusion in any of the alleged prohibition of entry provided for in this Regulation, either because that circumstance has not been known at the time of its entry, or because it has occurred during its stay in Spain.

2. The temporary residence permit shall be extinguished by resolution of the competent authority for granting, in accordance with the procedures laid down in the rules in force for the procedures for granting, modifying and extinguishing authorizations, when the concurrency of any of the following circumstances is noted:

(a) When the foreigner changes or loses his/her nationality, without prejudice to the possibility of acquiring another residence permit in the light of the new circumstances.

b) When the circumstances that served as the basis for granting them disappear.

(c) Where the serious inaccuracy of the allegations made or of the documentation provided by the holder to obtain such authorization of residence is established.

(d) When you no longer have a passport, a similar document or, where applicable, an entry card, valid and in force, unless you can justify that you have completed the necessary formalities for the renewal or recovery of the passport or analogue document.

e) When remaining outside Spain for more than six months in a period of one year.

This circumstance shall not apply to the holders of an authorization of temporary residence and work linked by an employment relationship to non-governmental organizations, foundations or associations, registered in the general registration and officially recognized public utility as cooperating, and to carry out for those projects of research, development cooperation or humanitarian aid, carried out abroad. It shall also not apply to holders of a residence permit who remain in the territory of another Member State of the European Union for the purpose of carrying out temporary programmes of studies promoted by the Union itself.

Article 163. Extinction of the temporary residence permit and work for research.

1. The validity of the authorisations of temporary residence and work for research shall be extinguished without the need for administrative pronouncement:

a) For the duration of the period for which they were issued.

(b) The foreign resident must be obliged to renew the authorization in an extraordinary way, pursuant to the provisions of the competent authorities in the states of exception or of the place of use, in accordance with the provisions of the 24 of the Organic Law 4/1981, of June 1, regulating the states of alarm, exception and site.

2. The authorization of temporary residence and work for investigation shall be extinguished by decision of the body competent to grant it, in accordance with the procedures laid down in the rules in force for the procedures for granting, amending and extinction of authorizations, when the concurrency of any of the following circumstances is noted:

a) When the authorization was obtained fraudulently.

(b) When the circumstances that served as the basis for granting them disappear or in case of verification that they did not exist.

c) When your holder resides in Spain for purposes other than those for which you were authorized.

Article 164. Extinction of the temporary residence permit of highly qualified professionals.

1. The validity of the authorisations of temporary residence and work of highly qualified professionals shall be extinguished without the need for administrative pronouncement:

a) For the duration of the period for which they were issued.

(b) The foreign resident must be obliged to renew the authorization in an extraordinary way, pursuant to the provisions of the competent authorities in the states of exception or of the place of use, in accordance with the provisions of the 24 of the Organic Law 4/1981, of June 1, regulating the states of alarm, exception and site.

2. The authorisation of temporary residence and the work of highly qualified professionals shall be extinguished by decision of the body responsible for granting them, in accordance with the procedures laid down in the rules in force for the procedures of granting, modifying and extinguishing authorizations, when the concurrency of any of the following circumstances is noted:

a) When the authorization was obtained fraudulently.

(b) When the circumstances that served as the basis for granting them disappear or in case of verification that they did not exist.

c) When your holder resides in Spain for purposes other than those for which you were authorized.

Article 165. Extinction of the authorization of temporary residence and work of victims of trafficking in human beings.

1. The validity of the authorisations of temporary residence and work of victims of trafficking in human beings shall be extinguished without the need for administrative pronouncement:

a) For the duration of the period for which they were issued.

(b) The foreign resident must be obliged to renew the authorization in an extraordinary way, pursuant to the provisions of the competent authorities in the states of exception or of the place of use, in accordance with the provisions of the 24 of the Organic Law 4/1981, of June 1, regulating the states of alarm, exception and site.

2. The authorisation of temporary residence and work of victims of trafficking in human beings which is granted on the basis of the victim's cooperation in the investigation of the offence shall be extinguished by decision of the body competent to grant it, as the procedures provided for in the current regulations for the procedures for granting, modifying and extinguishing authorizations, when the concurrency of any of the following circumstances is established:

(a) When a judicial decision determines that the complaint is fraudulent or unfounded, or in case of fraud in the cooperation.

b) When the circumstances that served as the basis for granting them disappear.

(c) When the holder resumes actively, voluntarily and on his own initiative, relations with the alleged perpetrators of the crime.

d) When your holder stops cooperating.

Article 166. Extinction of long-term residence permit.

1. The extinction of the long-term residence permit and the long-term residence permit-EU will occur in the following cases:

a) When the authorization was obtained fraudulently.

b) When an expulsion order is issued in the cases provided for in the Act.

(c) Where the absence of the territory of the European Union occurs for 12 consecutive months.

This circumstance shall not apply to the holders of an authorization of temporary residence and work linked by an employment relationship to non-governmental organizations, foundations or associations, registered in the general registration and officially recognised as public utility as cooperating, and which they carry out for those research projects, development cooperation or humanitarian aid, carried out abroad.

d) When you have acquired long-term EU residence in another Member State.

2. In addition, the long-term residence permit will be extinguished after a six-year absence of Spanish territory. The Directorate-General for Immigration, after the report of the Commissioner General of Foreign Affairs and Borders, may determine the non-extinction of an authorization for this cause in the event of exceptional reasons as advised.

TITLE VIII

Collective hiring management at source

Article 167. Collective management of hiring at source.

1. In accordance with Article 39 of the Organic Law 4/2000 of 11 January 2000, the Ministry of Labour and Immigration, taking into account the national employment situation, may approve a forecast of the occupations and, where appropriate, of the the number of jobs that may be covered by collective management of hiring at source in the one year period.

If, after the year in which the figure is established, the number of hiring in origin is lower than the initially planned, the Ministry of Labor and Immigration, after consulting the Labor Commission Tripartite Immigration, may extend the validity of the number of the number.

2. Collective management will allow the scheduled recruitment of workers who are not found or resident in Spain, called to carry out stable jobs and who will be selected in their countries of origin on the basis of the generic offers presented by the entrepreneurs.

3. The Ministry of Labour and Immigration will establish the assumptions in which it will also be possible to process nominative offers through collective management of hiring at source.

Article 168. Preparation of the annual collective management plan for hiring at source.

1. It will be up to the Secretary of State for Immigration and Emigration to draw up the proposal for an annual employment forecast, for employment, which may be covered by the collective management of hiring at source.

For this purpose, account should be taken of the information on the national employment situation provided by the State Employment Public Service, as well as the proposals which, after consulting the most important trade unions representative and business in its field, be carried out by the Autonomous Communities. These proposals will be made after they have received the requests from the provincial business organisations and the considerations that would have been made by the most representative trade union organisations of the same scope.

2. The proposal made by the Secretary of State for Immigration and Emigration will be adopted after consultation with the Tripartite Immigration Commission, which will be sent statistical data on the authorisations requested and granted, as well as applications and concessions for employment search visas and authorisations derived from them, on the basis of the Ministerial Order for Collective Management of Procurement at Origin.

Elaborate the proposal, will be presented by the Secretary of State for Immigration and Emigration to the Inter-Ministerial Committee on Foreign Affairs to report on the origin of the Order's approval.

Article 169. Content of the standard on collective management.

1. The ministerial order approving the collective management of contracts of origin shall include the provisional figure of the posts of a stable nature which may be covered by this procedure by workers. foreigners who are not found or reside in Spain.

2. It will also be able to establish a number of visas for job search for children or grandchildren of Spaniards of origin, as well as a number of visas for the search for employment limited to certain occupations in a particular territorial area.

3. The ministerial order approving the collective management of hiring at source may regulate in a differentiated manner the forecasts for stable recruitment and without establishing a number of jobs to cover or a delimitation of occupations. employment, particularities in the procedure for the recruitment of seasonal workers or by work or service covered by Chapter VI of Title IV.

Without prejudice to the foregoing, these particularities may be established, upon the report of the Tripartite Immigration Commission, by Order of the holder of the Ministry of Labor and Immigration specifically approved by such effects, if, following the proposals of the Autonomous Communities and in the light of the national employment situation, the non-provenance of establishing a stable hiring figure for a given annuity is determined.

4. Throughout the year, the number and distribution of eligible job vacancies may be reviewed in the framework of collective management of hiring at source, in order to adapt it to the evolution of the labour market.

5. The generic job offers presented on the basis of the standard on collective management of hiring will preferably be oriented towards the countries with which Spain has signed agreements on regulation and management of flows. migration.

Article 170. Specialties of the procedures relating to authorisations in the framework of collective management of hiring at source.

1. The different actions of management, selection and social intervention and the granting of residence and work authorizations, among others, which result from the execution of the collective management of hiring at source, will be developed in the terms that the Ministry of Labor and Immigration establishes in the relevant Order.

2. The Ministerial Order approving the collective management of hiring at source will establish the procedure for the recruitment of foreign workers.

In any case, contracts of employment must be signed by foreigners who are not resident in Spanish territory, and must contain at least the aspects provided for in Article 2.2 of Royal Decree 1659/1998, On 24 July, Article 8.5 of the Law on the Staff Regulations of Workers on the Information to the Worker on the Essential Elements of the Contract of Work, as well as a forecast of the net salary to be collected by the worker.

3. Employers who intend to contract through the procedure for collective management of hiring at source must submit applications personally, or through whom the business legal representation is validly attributed, which, for these assumptions, they can be business organizations.

4. In the selection processes at the origin of the workers carried out, where appropriate, in accordance with the procedures laid down in the arrangements for the regulation of migratory flows, employers may participate, directly or indirectly, provided that the request, as well as the representatives of the Directorate General of Immigration specifically responsible for these tasks. They will also be able to participate, as advisors, and when the administrations of both countries request it, representatives of the most representative and business union organizations in Spain and/or the country in which the process is developed. selection.

The Directorate-General for Immigration will present to the Tripartite Employment Commission, on a quarterly basis, a report on the development of the processes for the selection of workers at the origin of the corresponding period.

5. The Directorate-General for Immigration will transfer to the Commissioner-General for Foreign Affairs and Borders the minutes of the selection made, to report on the possible concurrency of grounds for refusal of the authorization, and to assign, where appropriate, the number of Foreign identity to workers within the maximum period of two working days.

Exceptionally, this period may be extended up to five working days when the high number of workers makes it imperative, which will be communicated to the Directorate-General for Immigration.

The Directorate-General for Immigration will also request a report from the Central Register of Penados, with the same deadline and according to the previous forecasts.

6. Taking into account the characteristics of the job to be performed, training courses may be developed in Spain or in the countries of origin, aimed at workers who have been selected or shortlisted. By means of the most appropriate means, the supply of sufficient information to the worker shall be sought as such.

Article 171. Procedure in the case of the transfer of executive powers in the field of initial authorization of employment for an employed person to Autonomous Communities.

When the executive authority has been transferred to the autonomic authority on the processing and resolution of the initial authorizations for employment, the Ministerial Order will establish its intervention in the job-related formalities, as well as in the receipt of applications, admission to processing, verification of the work requirements, issue of report on the same and their referral to the Directorate General of Immigration for the continuation of the formalities.

The procedure to be established in order to resolve the authorization requested shall provide for the competent bodies of the Autonomous Community and the General Administration of the State to dictate, in a coordinated and consistent manner, a joint resolution, refusing or granting the corresponding initial authorisation of residence and employment, to be signed by the holders of each of the competent authorities, and issued and notified to the applicant by the autonomous body, as provided for in Article 68 of this Regulation.

Article 172. Residence and work visas.

1. No later than two months after notification of the decision granting the authorisation of temporary residence and work as an employed person or of the authorisation of temporary residence and employment for an employed person determined for work or service, and for the purposes of the application for a visa, the following documentation shall be presented, in the consular post, as follows:

(a) Ordinary passport or travel title, recognized as valid in Spain, with a minimum term of four months.

(b) A certificate of criminal history, which must be issued by the authorities of the country of origin or of the country or countries in which it has resided for the last five years, in which no convictions for offences provided for in that the Spanish order.

(c) A medical certificate in order to prove that it does not suffer from any of the diseases that may have serious public health impacts in accordance with the provisions of the International Health Regulations 2005.

d) The contracts of the workers included in the resolution, previously signed by both parties.

e) Return commitments signed by workers, in the case of temporary residence permits and work for employed persons of a specified duration for work or service.

The grouped presentation will be performed by the company, the business organization, or its accredited representatives.

In the interest of the speed of the procedure, it will be possible to allow the submission of the visa application to be carried out through the selection body, jointly, for all workers whose recruitment is intended for the same period.

2. The accreditation of the representative to apply for the visa, where it is different from the legal representative of the company or business organisation, shall be made by designation of the company in the Office of Foreign Affairs, in the Directorate-General for Immigration or, where appropriate, in the competent authority of the Autonomous Community, as well as in the Department of Work and Immigration of the Diplomatic Mission concerned or, failing that, in the Consular Office.

The body before which the procedure is performed will certify with its stamp the document of designation of representative.

3. The visa shall be issued by the consular authority within a maximum of five days.

Exceptionally, this period may be extended to a maximum of 15 days, where the high number of applications submitted makes it essential. The Directorate-General for Consular and Migration Affairs will communicate this to the Directorate-General for Immigration.

4. Visas shall be valid for a maximum of six months, and shall be made available for entry into Spain.

Article 173. Entry into Spain and effectiveness of the initial authorisation of temporary residence and work.

1. Within three months of the entry of the foreign worker into Spanish territory, his or her membership, high and subsequent contribution, shall be made in accordance with the terms laid down by the rules on the social security system resulting from the application; the worker may commence his or her work; and the employer shall be obliged to communicate the content of the contract of employment to the Public Employment Services.

High in the corresponding Social Security system will make the initial authorization of temporary residence and work for an employed person effective.

2. Within one month of the worker's discharge in the corresponding social security scheme, the worker must apply for the Foreign Identity Card, personally and with the Office of Foreign Office or the Police Commissioner. corresponding. Such a card shall be issued by the period of validity of the authorization and shall be withdrawn abroad.

In the case of authorisations of temporary residence and employment for an employed person of a specified duration for work or service whose validity is equal to or less than six months, workers shall be exempt from the obligation to obtain the Foreign Identity Card.

3. If the validity of the authorization of stay is completed, there is no evidence that the worker has been discharged from the corresponding social security system, the latter will be forced to leave the national territory, incurring in case of Contrary to serious infringement for being irregularly found in Spain.

In addition, the competent body will require the employer who has applied for the authorisation to take up the reasons why the employment relationship has not been initiated and for which the obligation of communication on the employment relationship has not been fulfilled. the impact on the competent bodies provided for in Article 38.4 of the Organic Law 4/2000.

In that order, it shall be stated that, if no reply is received within ten days or the reasons given by the employer are not considered to be insufficient, the competent body shall transfer the file to the Labor and Social Security Inspection, for possible concurrence of a serious infringement of those provided for in Article 53.2.a) of the Organic Law 4/2000.

Likewise, you will be advised that, if the possible sanctioning procedure is completed with determination of the concurrency of the infringement mentioned in the previous paragraph, subsequent requests for authorization may be denied Considering that the continued activity of the workers is not guaranteed.

Article 174. Residency and seasonal work visas.

1. No later than two months after notification of the decision granting the authorization of temporary residence and employment of a given duration, for activities of the marketing year or season, and for the purposes of the Visa application shall be submitted, in the consular post, in a grouped form, with the following documentation:

(a) Ordinary passport or travel title, recognized as valid in Spain, with a minimum term of four months.

(b) A certificate of criminal history, which must be issued by the authorities of the country of origin or of the country or countries in which it has resided for the last five years, in which no convictions for offences provided for in that the Spanish order.

(c) A medical certificate in order to prove that it does not suffer from any of the diseases that may have serious public health impacts in accordance with the provisions of the International Health Regulations 2005.

d) The contracts of the workers included in the resolution, previously signed by both parties.

e) The return commitments signed by the workers.

The grouped presentation will be performed by the company, the business organization, or its accredited representatives.

In the interest of the speed of the procedure, it will be possible to allow the submission of the visa application to be carried out through the selection body, jointly, for all workers whose recruitment is intended for the same period.

2. The accreditation of the representative to apply for the visa, where it is different from the legal representative of the company or business organisation, shall be made by designation of the company in the Office of Foreign Affairs, in the Directorate-General for Immigration or, where appropriate, in the competent authority of the Autonomous Community, as well as in the Department of Work and Immigration of the Diplomatic Mission concerned or, failing that, in the Consular Office.

The body before which the procedure is performed will certify with its stamp the document of designation of representative.

3. The visa shall be issued by the consular authority within a maximum of five days.

Exceptionally, this period may be extended to a maximum of 15 days, where the high number of applications submitted makes it essential. The Directorate-General for Consular and Migration Affairs will communicate this to the Directorate-General for Immigration.

4. Visas shall be valid for the period authorised to reside and work, with a maximum of nine months.

If, within one month of entry into Spain, there is no evidence that the worker has been discharged under the relevant social security scheme, the competent authority may terminate the termination of the authorization.

The competent body will also require the employer to take the reasons why the employment relationship has not been initiated, with the warning that, if no justification is alleged or if the reasons given are (a) to be considered insufficient, subsequent applications for authorisation may be refused, considering that the continued activity of the workers is not guaranteed, as well as the possible concurrence of a serious infringement of the provisions of the Treaty; in Article 53.2.a) of the Organic Law 4/2000.

5. Workers shall be exempt from obtaining the Foreign Identity Card.

Article 175. Visas for job search.

1. Visas for job search will be allowed to travel to the Spanish territory, to search for work during the three-month period of stay. If, on the expiry of that period, he has not obtained a contract, the foreigner shall be obliged to leave the national territory, otherwise he shall incur the offence provided for in Article 53.1.a) of the Organic Law 4/2000.

2. For the purpose of verifying the departure of the national territory, the foreign national must appear before those responsible for the border control for which the exit is made, so that an exit stamp is affixed to his passport. This circumstance shall be entered in the Central Register of Foreigners and communicated, by electronic means where possible, to the Ministry of Foreign Affairs and Cooperation.

3. Where the Executive Committee is responsible for the executive competence on the processing and resolution of the initial authorizations for employment, the Ministerial Order approving the collective management of contracts in origin shall establish the intervention of the authorities of the Autonomous Community concerning the receipt of applications for the authorisation of residence and work, admission to the processing and verification of the work requirements.

Likewise, the procedure laid down in the said ministerial order will provide for the resolution of the application for initial authorization of residence and work to be carried out through such a procedure, which must be concordant, be dictated jointly by the competent organs of the Autonomous Community and the General Administration of the State, granting or denying the corresponding authorization, which shall be signed by the owners of the organs competent in each of the administrations, and issued and notified to the applicant by the body autonomic as provided for in Article 68 of this Regulation.

Article 176. Visas for the search for employment directed to children or grandchildren of Spanish of origin.

The number of employment search visas for children and grandchildren of Spanish origin, which, in accordance with the provisions of Article 40 of the Organic Law 4/2000, are exempt from the assessment of the situation National employment policy. The system of selection of the recipients and the formulas for submitting applications shall be regulated in the Ministerial Order approving the collective management of hiring at source.

Article 177. Visas for the search for employment in certain occupations and territorial areas.

1. The Ministerial Order approving the collective management of recruitment at source may approve a number of employment search visas limited to a territorial area and an occupation, where there are difficult jobs. coverage and the specific circumstances of the labour market concerned determine that positions can be more adequately covered through this system.

2. In its initial concession and subsequent renewals, the provisions laid down in the Articles laying down the conditions for the granting of the residence permit and the work to be carried out shall be renewed.

3. The employment search visa will allow your holder to stay legally in Spain for three months. The worker must seek employment in the occupation and in the territorial area for which the authorization is granted. The Office of Foreign Affairs shall not take up or refuse, where appropriate, applications which are submitted for separate occupation or territorial scope.

Exceptionally, when unforeseen circumstances occur in the labour market, the Directorate-General for Immigration may provide that the authorisation of residence and work is granted in another territorial or occupation.

4. The employer intending to hire the foreigner under these conditions shall submit a contract of work-application for authorization, signed by both parties, as well as those documents referred to in Article 67.2, in the Office of Foreign of the Government Delegation or Subdelegation.

5. The competent body shall decide within a maximum of 10 days on the granting of the residence and work authorisation and shall notify the applicant of the decision in an immediate manner.

6. Where the executive competence in the field of initial authorization of work corresponds to the autonomic administration, it shall be competent for the admission, processing, resolution of applications and, where appropriate, of the administrative resources. The resolution of applications and resources shall be made in a consistent and joint manner with the decision of the General Administration of the State in matters of residence, as provided for in this Regulation for each type of authorization.

7. The effectiveness of the authorisation granted shall be conditional upon the worker's subsequent affiliation and/or high level of social security, within one month of the notification made to the applicant. If the condition is fulfilled, the authorization shall be valid and shall be considered as an initial authorization of residence and work as an employed person.

8. Within one month of the entry into force of the authorisation, workers shall be obliged to apply for the same Foreign Identity Card. Such a card shall be issued for the period of validity of the temporary residence permit and shall be withdrawn, unless exceptional circumstances prevent it personally from abroad.

TITLE IX

Procedure for authorizing entry, residence and work in Spain, of foreigners in whose professional activity there are reasons of economic, social or employment interest, or whose object is the carrying out of works of research or development or teachers, requiring high qualifications, or artistic performances of particular cultural interest

Article 178. Scope of application.

1. Without prejudice to the provisions of the Additional Disposition.3, applications may be sent to the Directorate-General for Immigration in accordance with the provisions of this Title, corresponding to the latter, the processing and resolution of the procedures before it initiated.

2. They may benefit from the procedure laid down in this Title, employers, established in Spain, who require the incorporation into Spanish territory of non-Community foreign workers for the development of an employment relationship included in the any of the following assumptions:

a) Managing or highly qualified personnel, when the company meets any of the following features:

1. Average number of staff during the three months immediately preceding the submission of the application over 500 workers in Spain, high in the corresponding social security scheme.

2. º Volume of net annual turnover of higher business, in Spain, to 200 million euros; or own fund volume or net worth higher, in Spain, to 100 million euros.

3. ° Annual average gross investment, from outside, not less than EUR 1 million in the three years immediately preceding the submission of the application.

4. º Pertenancy, in the case of small and medium enterprises established in Spain, to one of the following strategic sectors: information and communications technology, renewable energy, environment, water and water treatment, health sciences, biopharma and biotechnology and aeronautics and aerospace.

At the proposal of the ministerial department or regional authority responsible for the matter, the Secretary of State for Immigration and Emigration may authorize the application of this case to other sectors considered strategic.

(b) Highly qualified foreign technicians and scientists, hired by the State, the Autonomous Communities, local authorities, or bodies whose purpose is to promote and develop the research promoted or mostly participated by the above.

c) Foreign teachers hired by a Spanish university.

(d) highly qualified technicians or scientists for the conduct of research work or the incorporation into development activities in recognised universities and R & D centres, or in units of Research and development of business entities established in Spain.

e) Artists or groups of artists of international prestige or artists who participate in an international artistic project that represents a relevant cultural or social contribution, as well as the staff necessary to carry out their actions, to come to Spain to carry out performances of cultural interest.

(f) Senior or highly qualified personnel who are part of a business project that is, alternatively, and provided that the condition alleged on the basis of this assumption is deemed to be in the public interest:

1. A significant increase in the creation of direct jobs by the company applying for recruitment.

2. A significant increase in the creation of jobs in the sector of activity or geographical area in which the work activity is to be developed.

3. An extraordinary investment with a socio-economic impact of relevance in the geographical area in which the work activity is to be developed.

4. A relevant contribution to scientific and/or technological innovation.

3. The processing of the files relating to residence and work authorisations provided for in this Article shall not take into account the national employment situation.

4. The Directorate-General for Immigration will present a quarterly report to the Tripartite Employment Committee on Immigration on the management of the corresponding period on the basis of the provisions of this Title.

Article 179. Types of authorization.

1. On the basis of the provisions of this Title, applications for the following types of authorisation may be submitted, provided that the conditions relating to the authorisation in question are met and the case is covered by the above Article:

(a) Authorization of temporary residence and work as an employed person.

b) Authorization of temporary residence and work in the framework of a transnational provision of services.

c) Authorization of temporary residence and work of highly qualified professionals holding a blue-EU card.

d) Authorization of temporary residence and work for research.

(e) Authorisation of temporary residence and work for an employed person of a given duration, provided that the case is covered by paragraph 2 (e) of the previous Article.

2. Applications for the following types of authorisation may be submitted on the basis of Article 181:

(a) Authorization of temporary residence without carrying out a work or professional activity.

b) Authorization of temporary residence and employment.

c) Authorization of temporary residence by family reunification.

Article 180. Particularities of the procedure and documentation.

1. The employer who intends to hire a foreign worker who is not resident in Spain, on the basis of what is provided for in this title, must submit personally, or through whom the business legal representation is validly attributed, the corresponding application for authorization to the Directorate-General for Immigration.

2. The application in official format shall be accompanied by the documentation required in accordance with the type of authorization and the following, without prejudice to the possible use of any test means admitted in law:

a) For the alleged regulated in Article 178.2.a):

A description of the company's activity in Spain and the specific project for which the authorisation is requested and, alternatively and in the light of the characteristics that are alleged about the company:

1. Certificate of the General Treasury of Social Security that the company counts in Spain with a staff of workers on discharge, in the amount set out in paragraph 1. of Article 178.2.a.).

2. A certificate of an auditor or an audit firm of accounts on which, according to the company's last annual accounts, the company has a net turnover or equity or net worth in Spain in the amounts set out in Article 178.2.a (2).

In the event that the last annual accounts of the company have been audited, the certificate provided for in the preceding paragraph may be replaced by the presentation of a copy of the company's annual accounts and of the corresponding Audit of Accounts report.

3. Certificate of the Investment Register, under the Ministry of Industry, Tourism and Trade, on which the company has declared a gross investment in the terms provided for in Article 178.2.a (3).

4. Where appropriate, a favourable report of the ministerial department or regional authority responsible for the matter, which shall state that the undertaking is, by reason of its activity, covered in one of the strategic sectors set out in Article 178.2.a (4).

(b) For the assumption set out in Article 178.2.b):

1. The description of the project to which the foreign national is incorporated, with an express indication of the objective and justification of the research, as well as of the human resources and budget provided for it, and of the plan of work and tasks to be developed abroad. Where appropriate, this information may be understood in the host agreement with the foreign researcher.

2. Except in the case of contracting by territorial public administrations, supporting documentation that the body has as its object the promotion and development of the research; and is promoted or participated For the most part, a territorial public administration.

(c) For the event governed by Article 178.2.c): certification of the rector of the University, or of the person in whom the university is delegated, on the teaching tasks to be performed by the contracted person.

d) For the alleged regulated in article 178.2.d):

1. A favourable report of the competent state or regional body, on which conditions are met regarding the consideration of an R & D center of recognized prestige or unit of research and development of an entity business.

2. The description of the project to which the foreign national is incorporated, with an express indication of the objective and justification of the research, as well as of the human resources and budget provided for it, and of the work plan and tasks to be developed abroad. Where appropriate, this information may be understood in the host agreement with the foreign researcher.

e) For the assumption regulated in Article 178.2.e):

1. º explanatory note and documentation supporting the number of actions planned; place where they are to be carried out and aphorus; persons who are members of the team; countries in which the artist has developed his activity; thus as other relevant circumstances about this or the company.

2. On the basis of the alleged alleged: supporting documentation of the international projection of the artist or artistic group or supporting documentation of the artist's participation in an international and international project relevant cultural or social contribution that this entails.

f) For the assumption set out in Article 178.2.f):

1. A favorable report of the state, regional or local authority, with jurisdiction in relation to the alleged cause for the procurement and in which the consideration of the contract is made public interest.

2. The Business Project's descriptive description, in which the terms in which the alleged cause for the contract is fulfilled, as well as the number and nature of the authorizations that are requested and the dates intended for the entry of foreign workers in Spain.

3. The maximum period for notifying decisions on applications for authorisation submitted in accordance with the provisions of this Article shall be one month from the day following the date of entry into the register of the body responsible for its application. processing.

4. Visa applications shall be settled and notified within 10 working days of their submission.

Article 181. Family.

1. An authorisation of temporary residence may be carried out without the authorisation of work for the family members of the workers referred to in Article 178.2 (a), (b), (c), (d) and (f

.

An authorisation of residence and work for an employed person may be processed in favour of the same family members when the statutory requirements are met and the application is submitted in conjunction with the application of the family with whom it is intended to reside or for the duration of the residence. The processing of such files shall not take into account the national employment situation.

The duration of the authorizations provided for in this section will not exceed the duration of the main authorization.

2. The categories of family members who may benefit from the provisions of this Article shall be those covered by Article 17 of the Organic Law 4/2000, although it shall not apply to the ascendants over the age of sixty-five years as provided for in this Article. with the possible obtaining of an authorization of residence and work for an employed person.

3. The application in favour of the family member may be submitted by the employer simultaneously to that relating to the foreign worker, or separately, subsequently.

In the latter case, the application shall be submitted to the Spanish diplomatic mission or consular post of the family's demarcation of residence, except in the case of applications for authorization of temporary residence and work for hire or reward.

Applications for authorization of temporary residence and work for an employed person in favour of a family member presented separately from that of the foreign worker shall be submitted by the employer wishing to hire such a family member. family, personally or through whom the business representation is validly exercised, before the registration of the Directorate General of Immigration or the Office of Foreign Office corresponding to the province where the activity is to be carried out work. Where appropriate, the Office of Foreign Affairs shall immediately forward the request to the Directorate-General for Immigration, for processing and resolution.

4. The maximum period for notifying decisions on applications for authorisation submitted in accordance with the provisions of this Article shall be one month from the day following the date of entry into the register of the body responsible for its application. processing.

5. Visa applications shall be settled and notified within 10 working days of their submission.

6. The content of this article shall be without prejudice to the right of every worker documented on the basis of this title, to the regrouping of his family members, in the terms and conditions laid down in Articles 16 to 19 of the Organic Law. 4/2000, and in accordance with its Rules of Procedure, on the basis of the type of authorisation for the holder of the regrouping.

The application for a residence permit by family reunification may be filed with the Directorate-General for Immigration in the event that, while the foreigner has been entered in one of the cases of Article 178 and requests a type of authorisation allowing, in accordance with the provisions of Article 18.1 of the Organic Law 4/2000, the simultaneous submission and granting of the initial authorisation of the regrouping and the authorisation of residence by family reunification.

TITLE X

Cross-border workers

Article 182. Definition.

A worker who has been authorised to carry out gainful, employment or professional activities for his or her own or for others in the border areas of the Spanish territory is in a situation of cross-border work, residing in the border area of a border state to which I return daily.

Article 183. Scope, requirements, and procedure.

1. The initial grant of a work permit for cross-border workers shall be as laid down in the articles laying down the conditions for the granting of the work authorization, without prejudice to the fact that the compliance with the commonly required requirements for obtaining a residence and work visa shall be assessed by the competent body, in the context of the processing and resolution of the procedure relating to the authorisation of work.

2. In accordance with the provisions of the previous paragraph, the following requirements shall be met in order to obtain a work permit for cross-border workers:

a) Job authorization for an employee:

1. Carécer de antecedícia penal en España y en sus países predates de residencia durante los úcteras cincos años, por felonies previos en el ordación españ

2. º Not to appear as being rejected in the territorial space of countries with which Spain has signed an agreement in this regard.

3. º Reside in the border area with Spanish territory in question.

4. That the national employment situation permits the hiring of the foreign worker.

5. º that the employer submits a work contract, with the date of commencement conditional on the effectiveness of the authorization, that guarantees the worker a continuous activity during the period of validity of the authorization.

6. º that the employer has formalized its registration in the corresponding system of the Social Security system and is aware of the fulfillment of its tax obligations and in the face of Social Security.

7. The conditions laid down in the contract of employment are in accordance with those established by the current regulations and the collective agreement applicable for the same activity, professional category and locality.

8. º that the employer has economic, material or personal means, sufficient for his business project and to deal with the obligations assumed in the contract in front of the worker.

9. º. Training and, where appropriate, the professional qualification legally required for the exercise of the profession.

b) Self-employed work authorization:

1. Carécer de antecedícia penal en España y en sus países predates de residencia durante los úcteras cincos años, por felonies previos en el ordación españ

2. º Not to appear as being rejected in the territorial space of countries with which Spain has signed an agreement in this regard.

3. º Reside in the border area with Spanish territory in question.

4. º Meet the requirements that the current legislation requires of the national ones for the opening and functioning of the projected activity.

5. Have the training and, where appropriate, the professional qualification legally required for the exercise of the profession, as well as the tuition when required.

6. º Credit that the investment envisaged for the implementation of the project is sufficient and the incidence, if any, in the creation of employment.

7. The forecast that the exercise of the activity will produce from the first year sufficient economic resources at least for the maintenance of the person concerned, after deducting the necessary ones for the maintenance of the activity.

3. Where the executive competence for the initial authorization of self-employment and other employment is the responsibility of the autonomic administration, the latter shall be competent for the admission, processing, decision-making and, if necessary, of the administrative resources, as provided for in this Regulation for each type of authorisation.

4. Within one month of the date of notification of the decision granting, where appropriate, the authorisation, the worker shall be given or discharged from the relevant system of social security.

In the same period, the foreigner must apply for and obtain the corresponding Foreign Identity Card. This card shall establish the status of a cross-border worker and allow the entry and exit of the national territory for the purpose of the activity to which it relates.

Based on the provisions of Article 4.2 of Organic Law 4/2000, the Foreign Identity Card will be requested and obtained without prejudice to the fact that the authorization granted is shorter than six months.

5. Authorisations for self-employment or employment for cross-border workers shall be refused, in addition to the concurrence of any of the general grounds for refusal laid down in this Regulation for residence permits and job, because of the loss of the status of a cross-border worker.

Article 184. Effects of the work authorisation for cross-border workers.

1. The duration of the initial authorisation shall correspond to that of the employment contract in respect of which it is granted, with a minimum limit of three months and a maximum of one year. The same criteria shall apply in relation to the projected activity, in the case of self-employment.

2. The validity of the work authorization shall be limited to the territorial scope of the Community or Autonomous City in the area of which the worker resides, as well as to an occupation in the case of employment or an activity in the of self-employment.

3. The work authorisation shall be extended to its expiry, as long as the same employment relationship or self-employment relationship continues and the circumstances that led to its granting remain.

The validity of successive extensions shall be in accordance with that of the contract of employment or self-employment, with the maximum limit of one year.

4. Authorisations shall be extinguished when the causes for the other authorisations covered by this Regulation are met, where applicable, as well as the loss of the status of a cross-border worker.

5. The fact that he has been the holder of an authorisation for self-employment or employment for cross-border workers shall not create the right to obtain an authorisation for residence and self-employment, without prejudice to the fact that be taken into account for the assessment of applications that may be submitted by the holder.

TITLE XI

Foreign Minors

CHAPTER I

Resident child's residence

Article 185. Residence of the child born in Spain of resident.

1. Children born in Spain from abroad who are residing in Spain will automatically acquire the same residence permit from which any of their parents are entitled.

For these purposes, the father or mother must personally request the residence permit for the child since the birth or since any of his parents have access to the residence situation, accompanying original and copy of the birth certificate.

2. If the child born in Spain is a parent or a parent recognised as refugees or beneficiaries of subsidiary protection, they may choose to apply for the family extension of the international protection right or an authorisation to residence, depending on the best interest of the child.

3. In the case of a child born in Spain of a foreigner who holds a residence permit for family reunification in the condition of a descendant of another resident, the latter shall acquire a residence permit for dependent family reunification. of your parent.

In the renewal of the said authorization of residence they will be valued, in terms of the accreditation of the provision of adequate housing and sufficient economic means to cover the needs of the family, together with those of the parent of the child, those of the first regrouping, provided that the parent of the child remains the holder of a residence permit for family reunification.

4. For renewals of the residence permits regulated in this article, the procedures and the procedure laid down for the residence permits of the regrouped family members will be followed.

5. The residence permits granted on the basis of the provisions of the preceding paragraphs, when their holders reach the working age, will enable them to work without any other administrative formalities.

Article 186. Residence of the unborn child in Spain as a resident.

1. Minors not born in Spain, children of foreigners with residence in Spain, as well as minors legally subject to the protection of a Spanish citizen or institution or a foreign legal resident in Spain, may obtain authorization to residence when their continued stay in Spain is credited for at least two years and their parents or guardians meet the requirements of economic means and accommodation required by this Regulation to exercise the right to regrouping family.

2. Where minors are of compulsory school age, they must be presented with a certificate certifying their schooling during their stay in Spain.

3. The validity of the authorisations granted for this reason shall be linked, where appropriate, to that of the residence permit of the parent, mother or guardian of the person concerned. If the authorisation derives from a Community citizen's protection, the duration of the authorisation shall be five years.

4. For renewals of the residence permits regulated in this article, the procedures and the procedure laid down for the residence permits of the regrouped family members will be followed.

5. The residence permits granted on the basis of the provisions of the preceding paragraphs, when their holders reach the working age, will enable them to work without any other administrative formalities.

CHAPTER II

Temporary displacement of foreign minors

Article 187. Temporary posting of foreign minors.

1. The displacement of foreign minors to Spain for periods not exceeding ninety days, in humanitarian programs promoted and financed by public administrations, non-profit associations or foundations or other entities Those who exercise their parental rights or guardianship, for temporary stays for the purpose of medical treatment or vacation enjoyment, will need the express authorization of those who exercise the parental authority or guardianship, as well as the favorable prior report Subdelegation of the Government or Government Delegate to the Autonomous Communities uniprovincials, on whose territory they are to remain.

Prior to the issuance of the report of the Delegation or Subdelegation of the Government, the entity or person promoting the programme shall submit to this report issued by the regional authority responsible for child protection over the program.

2. The requirements and requirements of this Article shall be deemed to be met, for the purposes of the granting of the visa, through the favourable report of the Deputy Government Delegate or Government Delegate referred to in paragraph 1.

The report will refer to compliance with the requirements and authorizations required in Spain, provided for the purpose of the stay and its duration, both in terms of health and legal protection of the minor in relation to the intended purpose and of that duration, in order to ensure the absence of risk of the latter's protection.

In addition, the existence of a written commitment to facilitate the return to the country of origin of minors will be verified, and the knowledge that the displacement of the child does not have the object of adoption, as mentioned in the paragraph 4, and that the said return does not entail any cost to the public purse, unless such cost has been expressly and previously assumed by the competent body.

The Consular Office in the country of origin of the child shall, however, check the express authorization of the person exercising the parental authority or guardianship, as well as all the requirements of the individual passports or collectives, laissez-passer or other travel documentation for minors.

3. The Ministries of Foreign Affairs and Cooperation, Labour and Immigration and the Interior shall coordinate the movement and stay of these minors, and the latter department shall monitor their return to the country of origin or origin.

4. In all cases, if minors are to remain with families or individuals, they must express in writing their knowledge that the movement of the child is not intended to be adopted and their commitment to favor the return to their child. country of origin or provenance.

Article 188. Temporary posting of foreign minors for schooling purposes.

1. The stay arising from the temporary posting of minors for the purpose of schooling shall have legal status for study.

2. The temporary posting of minors for the purpose of schooling in programmes promoted and financed by public administrations, non-profit associations or foundations or other entities or persons outside their home country power or guardianship, the procedure laid down in the previous article will apply, and it must be established that the child has been admitted to an officially recognised teaching centre in Spain.

3. The stay will end at the end of the academic year, at which point, unless exceptional reasons prevent it, the minor must return to his country.

In case you want to continue studies for more than one academic year, the minor must be included in a new program.

CHAPTER III

Unaccompanied foreign minors

Article 189. Definition.

The provisions of this Chapter shall apply to a foreigner under eighteen years of age who arrives in Spanish territory without being accompanied by an adult responsible for him, either legally or in accordance with the custom, The risk of child protection is being assessed, while the responsible adult has not effectively taken care of the child, as well as any foreign minors who are in that situation once in Spain.

The content of this Chapter must be interpreted without prejudice to the possibility that the unaccompanied alien may not be able to comply with the requirements laid down in Articles 59 and 59bis of the Organic Law 4/2000, 11 of January, or in Spanish law on international protection.

Article 190. Age determination.

1. Where the Security Forces and the Security Forces locate an unaccompanied alien whose age minority is subject to documentation or physical appearance, the latter shall be made available to the child protection services. competent, thus being made known to the Prosecutor's Office. The child's identification data shall be entered in the Register of Unaccompanied Foreign Minors.

In the event that the age minority of an undocumented alien cannot be established safely, the State Security Forces and Corps, as soon as they have knowledge of that circumstance or locate the alleged minor. in Spain, shall inform the autonomic services of the protection of minors, so that, where appropriate, they shall be given the immediate attention they need in accordance with the provisions of the legislation on the legal protection of the child.

With immediate effect, the fact will be made known to the Prosecutor's Office, which will have, as soon as possible, the determination of his age, for which the appropriate health institutions will have to collaborate, which, with Priority and urgent nature shall carry out the necessary tests.

Also, knowledge of the location of the minor or possible minor shall be given to the delegate or subdelegation of the competent government for the territory where the latter is located.

2. The Secretary of State for Immigration and Emigration will push for the adoption of a Framework Protocol for Unaccompanied Foreign Minors intended to coordinate the intervention of all institutions and administrations concerned, from the location of the minor or suspected child until identification, determination of their age, making available to the public service for the protection of minors and documentation.

3. If, during the age-determination procedure, the child requires immediate attention, the State Security Forces and Corps shall request it from the autonomic services responsible for the protection of minors.

4. The decree of the Prosecutor's Office setting the age of the foreign minor shall be decided upon to be made available to the competent services for the protection of minors, giving knowledge to the delegate or subdelegation of the competent government.

In case the age determination is made on the basis of the establishment of a range of years, the foreigner will be considered to be less if the lower age of the age is less than eighteen years.

The decree of the Fiscal Ministry setting the age of the foreign minor shall be entered in the Register of unaccompanied minors in accordance with the provisions of Article 215 of this Regulation.

5. After the child has been placed at his disposal, the child protection service shall inform him, in a manner and in a language which is understandable to him, of the basic content of the right to international protection and to the procedure provided for in Article 1. for their application, as well as the rules in force on the protection of minors. Written constancy shall be provided for such action.

Article 191. Competence on the procedure for the repatriation of unaccompanied minors and previous actions.

1. The Government's delegations and sub-delegations shall be the competent management centres to carry out the formalities relating to the repatriation of an unaccompanied alien, provided for in Article 35 of the Organic Law 4/2000, of 11 of January and the bilateral agreements signed by Spain on the matter.

The competence attributed to the Government Delegations and Subdelegations will include the practice of previous information actions and, where appropriate, the opening, processing and resolution of the regulated procedure in this area. Article.

2. A delegation or subdelegation of the competent government shall be considered to be the seat of the child.

The Management Center that initiates the procedure will communicate it to the corresponding Delegation or Subdelegation of the Government in the province where the entity that has attributed the legal protection, custody, protection temporary or save, when your address does not match that of the child.

3. The Delegation or Subdelegation of the Government will request, through the General Commissioner for Foreign Affairs and Borders, a report on the diplomatic representation of the country of origin of the child on the family's circumstances. If the country does not have diplomatic representation in Spain, the report will be requested through the Directorate-General for Consular and Migration Affairs.

For each subsequent application and actions, the Secretary of State for Immigration and Emigration, the Commissioner for Foreign Affairs and Borders and, where appropriate, the Directorate-General for Consular Affairs and Migration.

4. Without prejudice to the report referred to in the previous paragraph, the Delegation or Subdelegation of the Government shall require the entity which has legal protection, custody, interim protection or any information on the situation of the less. Such information shall also be required for the autonomic administration of the territory in which the child has its domicile, as well as to the place where the entity is located that has legal protection, custody, temporary protection or save.

5. The request for a report shall be in response to a standard model, to be drawn up jointly by the Secretaries of State for Immigration and Immigration and Security. They shall be requested, inter alia, for the affiliation of the child and the social and family circumstances of his or her environment in the country of origin.

The request for a report shall include the need for the decision of the diplomatic representation of the country of origin to replace the information on the family with respect to its services for the protection of the child, The statement of reasons expressly reflects the written commitment of the competent authority of the country of origin to assume responsibility for the child.

Article 192. Initiation of the procedure for the repatriation of unaccompanied minors.

1. The competent Government delegate or subdelegation shall agree to initiate the procedure for the return of the child when, according to the information received in accordance with the provisions of the previous Article, the higher interest of the is satisfied with the regrouping with his family or his/her making available to the protection services of his/her country of origin. The opening of the procedure must be recorded in the corresponding computer application.

The initiation agreement shall expressly state the identity of the child and the existence of a report by the competent authorities of the country of origin.

2. The agreement to initiate the procedure shall be notified immediately to the child, the Prosecutor's Office and the entity holding legal protection, custody, temporary protection or guardian. Likewise, any action or incident occurring in the course of proceedings shall be communicated to the Prosecutor's Office as soon as possible.

At the same time, the minor will be informed in writing, in a language that is understandable and in a feisty manner, of the background that has determined the opening of the procedure and how many rights are attended, with special mention of interpreter assistance if you do not understand or speak the Spanish language.

Article 193. Claims and determination of the probationary period.

1. The agreement to initiate the procedure shall be initiated for a period of ten working days from the following to the corresponding notification, in which the foreign minor, the entity that holds legal protection, custody, protection provisional or guardian and, where appropriate, the Prosecutor's Office may formulate any factual or legal claims as appropriate, as well as propose relevant evidence on the alleged facts.

If the child has reached the age of sixteen, he/she may be able to intervene at this stage by himself or through a representative appointed by him. If you have not reached that age, you will be represented by the entity that holds legal guardianship, custody, interim protection, or guardian.

However, when the child of sixteen years with sufficient judgment has expressed a will to the contrary to the one who has legal protection, custody, provisional protection, guardian or legal representation, the course of proceedings until he is appointed as a judicial defender. Without prejudice to the fact that such a degree of maturity may be appreciated at a lower age, the foreign national of 12 years shall be deemed to have sufficient judgment.

It shall be the responsibility of the Prosecutor's Office, the child himself or any person with the capacity to appear in court to urge the competent judicial authority to appoint the human rights defender.

2. During the course of arguments, the Government delegation or Subdelegation will seek a report from the public service for the protection of minors on the situation of the child in Spain, as well as any information that may be known about the identity of the child. the child, his or her family, his or her country or his home when the same was not previously presented. The report shall be issued within a maximum of 10 days from your request.

3. Where the facts alleged by the child, his legal representative or legal advocate or the entity holding legal protection, custody, temporary protection or guardian have a decisive relevance for the adoption of the repatriation agreement, the The instructor of the procedure, either on his own initiative or at the request of a party, shall agree to the opening of a trial period for a period of not more than 30 days and not less than 10 days, in order to enable them to be applied as many as are relevant.

In the event of an opening of a trial period at the request of a party, the instructor of the procedure may suspend the time limit for the decision of the party during the time necessary for the incorporation of the results to the case.

4. The Prosecutor's Office shall also issue a report, as soon as possible, for which the instructor of the proceedings shall send him the documentation on the file.

Article 194. Procedure for hearing and resolving the procedure.

1. Upon incorporation into the file of the reports referred to in Articles 190 and 191 and, where appropriate, the result of the test, the Government Delegate or Subdelegation shall initiate the hearing procedure. This procedure shall ensure the presence of the child who has sufficient judgment to express what he considers to be in relation to their repatriation.

The hearing procedure shall be convened by the Prosecutor's Office, the guardian and, where appropriate, the judicial defender or the representative appointed by the child.

The hearing will be documented in the minutes, which will be signed by those present and will be incorporated as an annex to how many documents and supporting documents will be provided.

2. In the course of the hearing, the Government Delegate or Subdelegation shall decide, in accordance with the principle of best interests of the child, on the return of the child to his or her country of origin or where his or her relatives are located or on his or her family. Stay in Spain.

The resolution will establish whether the repatriation will be made on the basis of family reunification or by making it available to the child's protection services of the country of origin.

The resolution will terminate the administrative route and will be recorded in the corresponding computer application for constancy in the Register of Unaccompanied Foreign Minors. It shall be notified within 10 days of the minor or, where appropriate, his representative. Within the same period, the child's guardian and the Prosecutor's Office will be notified.

In the resolution itself or in a separate document, it will be made express mention of the need to request, in accordance with the provisions of the regulations of the right of free legal assistance, the recognition of the right of free legal assistance for the exercise of the latter, in the event of a decision to challenge the resolution in the administrative-administrative procedure.

3. The maximum period for the resolution and notification of the procedure shall be six months from the date of the commencement of the procedure.

Article 195. Execution of the repatriation.

1. Without prejudice to the functions of the National Police Corps in the execution of the resolution, the child shall be accompanied by personnel assigned to the services of protection of the child under whose legal protection, custody, temporary protection or guardian until the date of its making available to the competent authorities of its country of origin.

2. In the event that the child is not in a judicial process and is established in the administrative file for repatriation, the execution of the repatriation will be conditional upon the authorization of the court. In any event, the communication to the Prosecutor's Office shall be recorded in the file.

3. The repatriation will take place at the expense of the family of the child or the child protection services of your country. If not, the diplomatic or consular representative of his country shall be notified of these effects. Subsidiary, the General Administration of the State shall bear the cost of the repatriation, except as regards the posting of the personnel assigned to the services of protection of the child under whose legal protection, custody, protection temporary or save the child is found.

Article 196. Residence of the unaccompanied minor.

1. Once the child's inability to return has been established, and in any case nine months after the child has been made available to the competent services for the protection of minors, the child will be granted the the residence permit referred to in Article 35.7 of the Organic Law 4/2000 of 11 January.

2. The Office of Foreign Office of the Delegation or Subdelegation of the Government in the province in which the domicile of the child is fixed shall start, on its own initiative or at the request of a party, the procedure relating to the authorization of the residence.

In case of commencement of trade or higher order, the Office of Foreign Affairs will communicate to the minor the agreement of initiation of the procedure through the service of protection of minors under whose legal protection, custody, protection provisional or save is found, interested in the contribution of the following documentation, which will also be the one to be contributed to the application in the cases of initiation at the instance of the party:

(a) Full copy of the passport in force or travel title, recognized as valid in Spain, of the minor. If applicable, this document will be replaced by a minor registration card, in force.

b) A proof that the natural person involved in the proceedings has competence for this in representation of the child protection service.

c) Proof of the relationship of legal protection, custody, interim protection or guardian of child protection.

3. The Government Delegation or Subdelegation shall decide on the procedure and shall notify the decision to the minor within the maximum period of one month. The resolution shall be communicated to the Prosecutor's Office within 10 days of the decision.

The child's representative must personally request, within one month from the date of notification of the resolution, and with the corresponding Foreign Office, the Foreign Identity Card.

4. The residence permit shall be valid for one year, with its effectiveness being rolled back to the date of the decision of the Fiscal Ministry for which the child's child protection service was determined to be made available.

The work authorization granted in accordance with the provisions of Article 40.1 (i) of the Organic Law 4/2000 of 11 January 2000 will have the duration of the activity in respect of which it has been granted, unless it exceeds the time to take effect of the residency authorization.

5. The procedure concerning the renewal of the residence permit or the authorization of residence and work shall be initiated by the Office of Foreign Affairs of its own office, during the 60 calendar days prior to the date of its expiry. validity. The initiation of the procedure shall extend the validity of the prior authorisation until the decision of the procedure.

The renewal of the authorization will proceed when the circumstances that prompted its initial concession remain.

The validity of the renewed authorisation shall be one year, unless a long-term residence permit is applicable.

Article 197. Access to the majority of the age of the unaccompanied alien who is the holder of a residence permit.

1. In the case of minors on whom a child protection service has the legal protection, custody, temporary protection or guardian, who reach the age of majority being holders of a residence permit granted on the basis of the article The holder may request the renewal of the same in an official model, during the sixty calendar days prior to the expiration date of its validity. The submission of the application within this period shall extend the validity of the prior authorisation until the decision of the procedure.

It shall also be extended until the resolution of the procedure in the case where the application was submitted within 90 calendar days after the date on which the validity of the previous authorisation was completed, without prejudice to the opening of the relevant sanctioning procedure for the offence in which it was incurred.

2. The authorisation shall be renewed in accordance with the procedure for the renewal of a non-profit temporary residence permit, with the following particularities:

(a) The amount to be credited as economic means for support is established in an amount that represents 100% of the IPREM monthly.

(b) The positive reports which, where appropriate and for these purposes, may be submitted by the competent public entities may be taken into account, as provided for in Article 35.9 of the Organic Law 4/2000 of 11 January.

3. The degree of insertion of the applicant in the Spanish company will be taken into account, which will be determined after the assessment of the following aspects:

a) Respect for the norms of coexistence in the center of protection.

b) The degree of knowledge of the official languages of the State.

c) The existence of family ties in Spanish territory with Spanish citizens or resident foreigners.

d) The time that you have been subject to a reception, guardian or guardianship in fact by a Spanish citizen or institution.

e) Continuity in studies.

f) The existence of a job offer or contract.

g) Participation in training pathways.

4. The validity of the renewed authorisation shall be two years, unless a long-term residence permit is applicable.

5. Within one month of the notification of the resolution renewing the authorisation, the holder shall request the relevant Foreign Identity Card.

6. At the time of their access to the majority of age or at any later time, the modification of the residence permit in force for obtaining an authorization of residence and work may be requested, in the words laid down in Article 200 of this Regulation. For the purposes of this amendment, one or more successive term work contracts may be submitted.

Article 198. Access to the majority of the age of the unaccompanied alien who is not the holder of a residence permit.

1. In the case of minors in respect of which a child protection service has the legal protection, custody, temporary protection or guardian, who reach the age of majority without having obtained the authorization of residence provided for in Article 196 of the this Regulation and have properly participated in the training actions and activities programmed by that entity to promote its social integration, it may recommend the granting of a temporary authorization of residence by circumstances exceptional.

2. Without prejudice to the foregoing, and that the recommendation of the entity must accompany the application for authorization, it will be presented personally by the foreigner during the previous sixty calendar days or in the ninety calendar days after the date of the age of eighteen years.

Also, you will have to credit, alternatively:

(a) That has sufficient economic means for its support, in an amount that represents 100% of the IPREM monthly.

(b) which has a contract or work contracts of succession in respect of which the requirements laid down in paragraphs (b), (c), (d), (e) and (f) of this Regulation are met.

(c) Meeting the requirements set out in paragraphs (a), (b) (c) and (d) of Article 105.3 of this Regulation for the exercise of an activity on its own account. However, the expected return on the project must be at least an amount to guarantee the costs related to its maintenance and accommodation that represent 100% of the IPREM monthly.

In the event of the granting of the authorization on the basis of the provisions of paragraphs (b) and (c) above, the authorization of work shall be conditional upon the worker's subsequent affiliation and registration. Social security within one month of notification of the decision.

3. The degree of insertion of the applicant into the Spanish company shall be taken into account in the context of the procedure, in accordance with the terms set out in paragraph 3 of the previous Article.

TITLE XII

Changing the situations of foreigners in Spain

Article 199. From the situation of stay by study, research, training or practices to the situation of residence and work or residence with the exception of the work authorization.

1. Foreigners who are in Spain in a state of residence on the basis of Article 37.1 (a), (b) and (d) may have access to the situation of residence and work without having to apply for a visa when the employer as a subject legitimated, present the application for authorisation and the work requirements required in Article 64, except paragraph 3 (a), are met and the foreign national is accredited as:

a) You have been in Spain for at least three years as the holder of a stay authorization.

b) You have completed studies, or have completed research work, training or practices with use.

c) It has not been awarded or subsidised by public or private bodies within Spanish or Spanish development cooperation programmes or in the country of origin.

The foreigner who takes advantage of this possibility may also apply for an authorization of residence in favor of the relatives in a situation of stay provided for in Article 41 who are living with him at the moment of the application, as long as it establishes economic sufficiency and adequate housing availability. The authorization, if any, shall be of residence by family reunification.

2. The provisions laid down in this Article shall also apply for access to an authorization of residence and self-employment, of residence with the exception of the authorization of work, residence and work for the purposes of research, or residence and work of highly qualified professionals.

For such purposes, the holder of the stay authorization must comply with the work requirements for obtaining the corresponding type of authorization or those relating to the alleged work exception, the procedure laid down in this Regulation, the procedure laid down in the light of the authorization in question is applicable.

3. The authorization granted shall be considered as an initial authorization.

The effectiveness of the residence and work authorization shall be conditional on the subsequent discharge of the worker into the corresponding social security scheme within one month of the notification of his/her concession. The effectiveness of the residence permit granted in favour of family members shall be conditional on that of the main authorisation and its validity shall be linked to that of the main authorisation.

Within one month of the entry into force of the authorization, your holder must apply for the Foreign Identity Card, personally, to the Foreign Office or the Police Commissioner concerned.

4. Exceptionally and after a favourable report by the Secretary of State for Immigration and Emigration, the period of three years referred to in paragraph 1 may be reduced, in the case of foreigners whose residence in Spain is deemed appropriate for reasons of reason. of the exceptional relevance of professional and scientific merit accredited by those.

The requirement provided for in paragraph 1.a) of this Article shall not apply, in the following cases:

(a) Foreigners who have exceeded the period of professional practice and/or the supplementary period of training provided for in the regulations governing the conditions for the recognition of professional effects; qualifications of specialist in Health Sciences, obtained in non-EU Member States. In such a case, the authorisation of stay shall acquire the status of provisional authorisation of residence and work as an employed person, after the application for amendment has been accepted, and until the procedure has been resolved. The refusal of the modification shall mean the automatic loss of validity of the provisional authorization, without the need for express administrative pronouncement.

b) Foreigners in possession of the approved degree in Medicine, provided that the activity to be developed after the modification is their access to the complement scale of the Military Body of Health.

5. The authorization of residence and work, as well as, where applicable, the authorization of residence for family members, shall be requested during the validity of the authorization of the principal stay. The application made in time shall extend, in the case of expiry, the validity of the authorisation to stay until the decision on the authorisation is issued.

In any event, the requirement of three years of stay in a stay for study shall be required by the date on which the modification of the situation is granted.

In no case may an application be submitted before the 90 calendar days prior to the date on which the foreigner is expected to comply with the requirement to remain in a situation of stay for three years. years.

6. Where, in the context of the procedure, it is established that the foreign national does not meet the requirements laid down in accordance with this provision, but if the requirements relating to the granting of the initial residence permit are concerned, the competent body shall (a) a decision in relation to the latter, subject to the obtaining of a visa, in the terms generally applicable to the authorisation in question.

Article 200. From the situation of residence to the situation of residence and work or residence with the exception of the work authorization.

1. Foreigners who are in Spain for at least one year in residence will be able to access the situation of residence and work as an employed person when the employer, as a legitimate subject, submits the application for authorisation and comply with the work requirements laid down in Article 64, except as provided for in paragraph 3 (a).

Exceptionally you will be able to access the situation of residence and work, without the need for a one-year term, the foreigner who accredits a need to work due to circumstances over time to guarantee his/her subsistence.

2. The effectiveness of the work authorization shall be conditional on the subsequent discharge of the worker into the relevant social security scheme within one month of the notification of his concession. If the condition is met, the validity of the authorization will be rolled back to the day immediately following the expiration of the previous authorization.

3. Foreign nationals holding a certificate of registration as a Community citizen or a family residence card of a citizen of the Union, when they have ceased in such a condition, may obtain, if they fulfil the conditions laid down in the effect, with the exception of the visa, an authorisation of non-profit or residence and work as an employed person, as appropriate, depending on the duration of the documentation from which it is a holder.

4. The provisions laid down in this Article shall also apply for access to an authorization of residence and self-employment, of residence with the exception of the authorization of work, residence and work for research, or residence and work of highly qualified professionals.

For such purposes, the holder of the residence permit or the person documented under the Community scheme must comply with the work requirements for obtaining the corresponding type of authorisation, in accordance with the provided for in this Regulation.

Article 201. Compatibility of the situation of residence and work as an employed person and of residence and self-employment, or of a separate geographical area work authorisation.

1. Foreign nationals wishing to carry out gainful self-employed activities at the same time shall obtain the corresponding work authorizations in accordance with the general requirements laid down for obtaining each other of these Regulations, after accreditation of the compatibility of the exercise of both gainful activities, in relation to their object and characteristics, duration and working time.

2. The administrative authorisation granted for the compatibility of the exercise of work and professional activities shall have a duration equivalent to the period of validity of the work authorization for which the foreign holder is a holder, except in the case that it is granted on the basis of a contract or activity of lower duration.

3. Foreigners who wish to carry out self-employed activities simultaneously in several Autonomous Communities, and always in relation to the same sector of activity, will have to obtain the corresponding work authorizations on behalf of the itself, in accordance with the requirements relating to the activity generally required for obtaining the same.

Article 202. From the situation of residence by exceptional circumstances to the situation of residence, residence and work or residence with the exception of the work authorization.

1. Foreign nationals who are in Spain for at least one year in residence for exceptional circumstances, in the cases referred to in Article 130, may have access to the situation of residence or residence and work without need for a visa.

2. Where the foreign person authorised to reside in exceptional circumstances is entitled to work, he shall submit the application for residence and work authorization for himself, which shall be granted if he meets the requirements laid down by him. Article 71. Without prejudice to this and its validity, which shall be two years, the authorization of temporary residence and work granted on the basis of this precept shall be considered as initial.

3. In other cases, the employer shall be the person entitled to submit the application for authorisation and shall require the work requirements referred to in Article 64, except paragraph 3 (a).

The effectiveness of the residence and work authorization shall be conditional on the subsequent discharge of the worker into the corresponding social security scheme within one month of the notification of his/her concession. If the condition is met, the validity of the authorization will be rolled back to the day immediately following the expiration of the previous authorization. Its validity shall be two years, without prejudice to the fact that the authorisation of temporary residence and work shall be considered as initial.

4. The provisions laid down in this Article shall also apply for access to an authorization of residence and self-employment, of residence with the exception of the authorization of work, residence and work for research, or residence and work of highly qualified professionals.

For such purposes, the holder of the residence authorisation shall comply with the work requirements for obtaining the corresponding type of authorisation, as provided for in this Regulation.

Article 203. Modifications to the residence and work authorization.

1. For the duration of the initial residence and work authorisations, the competent body, by reason of the place where the employment relationship is to be initiated or the self-employed activity motivating the application, may change its scope in the occupation, sector of activity and/or territorial scope of limitation, always at the request of the holder.

In the case of an amendment to the scope of an authorisation of temporary residence and work as an employed person, the provisions of Article 64.3 (a) shall be taken into account.

2. Residence and self-employment authorizations may be amended, respectively, in the form of a residence permit and an employed and self-employed person, at the request of the person concerned, provided that he is either already renewed its initial authorisation or the application at the time it is required to apply for renewal and meets the following conditions:

(a) In the case of changes in the self-employed account, they shall be authorised if the requirements laid down in Article 105 are met and the usual performance of the work activity during the period is recorded. of the validity of the authorisation for a period equal to that which it would correspond to if it intended to be renewed.

(b) In the case of changes of own account to an employed person, a contract of employment which justifies the new employment of the worker shall be authorised provided that the performance of the contract is recorded. the tax and social security obligations of your previous professional activity.

Exceptionally, you will be able to access the modification of the initial authorization of temporary residence and work, without the need for the moment of renewal of the same, the foreigner who accredits a need for Circumstances that have been overcome to ensure their subsistence, such as the fact that, for reasons beyond their control, the self-employed would have ceased or the employment relationship would have been interrupted.

3. Residence and self-employment authorizations may be amended in the case of temporary non-profit residence permits, temporary residence with the exception of work authorization, temporary residence and work for the purposes of the research, or temporary residence and work of highly qualified professionals, at the request of the person concerned, provided that his initial authorisation has already been renewed or he submits the application at the time he is required to apply for his/her renewal.

For such purposes, it must meet the requirements of the previous paragraph as regards the development of its activity as holder of the authorization of residence and self-employment or for the account of others, as well as the of the type of authorization you request.

Exceptionally, you will be able to access the modification of the initial authorization of temporary residence and work, without the need for the moment of renewal of the same, the foreigner who accredits a need for Circumstances that have been overcome to ensure their subsistence, such as the fact that, for reasons beyond their control, the self-employed would have ceased or the employment relationship would have been interrupted.

4. The new authorization will not extend the validity of the modified authorization.

In the case of modifications requested at the time of the renewal of the authorisation of the holder, its validity shall be that which would correspond to its renewal.

Article 204. Intervention by the Autonomous Communities in the modification of authorizations in the case of the transfer of executive powers in the field of initial work authorization.

1. Where the autonomic administration has the responsibility of the executive authority on the processing and resolution of the initial authorizations for work, because the working relationship is initiated and developed in the territory of the Autonomous Community, the competent bodies of the latter shall be responsible for the receipt of applications and for the resolution of the employment authorisation in the following cases:

(a) The authorization of residence and work in which it is credited to be the son of a nationalized Spanish or a citizen of the Community with one year of residence, as provided for in Article 200 (3) and (4) of this Regulation.

(b) the residence and work authorization requested as a result of the modification of the situation of residence or residence by study, residence or residence due to exceptional circumstances, as well as the granting of the the compatibility of the authorisations for self-employed and self-employed work or for the mutation of one in another or in residence and work for research or for highly qualified professionals. Not in the case of access to the residence permit situation with the exception of the work authorization on the basis of the provisions of this title.

2. Where the amendment involves a new authorisation of residence and work, the procedure laid down in Article 68 of this Regulation shall be followed. In all cases, the autonomic administration will record the applications submitted, pending and resolved, in the corresponding computer application, guaranteeing their knowledge in real time by the General Administration of the State.

TITLE XIII

Foreign documentation

CHAPTER I

Documentation rights and duties

Article 205. Rights and duties.

1. Foreigners who are in Spanish territory have the right and the obligation to keep, in force, the documentation with which they have made their entry into Spain, which accredits their identity, issued by the competent authorities from the country of origin or from the country of origin, as well as the country of origin in Spain.

2. Foreigners are required to display the documents referred to in the previous paragraph when they are required by the authorities or their agents, in the exercise of their duties.

3. Foreign nationals may not be deprived of their documentation, except in the cases and with the requirements laid down in Organic Law 4/2000 of 11 January and in Organic Law 1/1992 of 21 February on the Protection of Citizen Security.

Article 206. Foreign identity number.

1. Foreign nationals in whose favour a procedure is initiated to obtain a document enabling them to remain in Spanish territory other than a visa, those to whom an administrative file has been initiated under the provisions of the provisions of the Treaty. in the regulations on aliens and those who for their economic, professional or social interests are related to Spain will be endowed, for the purposes of identification, of a personal number, unique and exclusive, of a sequential character.

2. The personal number shall be the identifier of the alien, which shall appear on all documents issued or processed, as well as on the proceedings which are stamped on his passport or similar document, except on visas.

3. The identity number of the foreigner, NIE, must be granted ex officio, by the Directorate General of the Police and the Civil Guard, in the cases referred to in paragraph 1, except in the case of foreigners who relate to Spain by the reason for their economic, professional or social interest, which shall be of interest to that body for the allocation of the indicated number, provided that the following conditions are met:

a) That they are not in an irregular situation in Spain.

b) That the reasons for requesting the allocation of that number are reported.

Foreigners who relate to Spain for their economic, professional or social interests may personally request the NIE from the Directorate-General of the Police and the Civil Guard, either directly or through Foreign Offices or Police Commissaries. In the event that the foreigner is not in Spanish territory at the time of the application, he will request the assignment of NIE to the Commissioner General of Foreign Affairs and Borders, through the Consular Offices of Spain abroad.

The procedure shall be resolved within a maximum of five days from the entry of the application into the register of the competent body for processing.

4. The provisions of the above paragraph shall also apply to the application of resident and non-resident certificates.

CHAPTER II

Accreditation of the situation of foreigners in Spain

Article 207. Supporting documents.

The different situations of foreigners in Spain may be credited, as appropriate, by the passport or travel document that accredits your identity, visa or Foreign Identity Card. Such a situation may exceptionally be credited by other authorisations or documents validly issued for that purpose by the Spanish authorities.

Article 208. The passport or travel document.

The passport or travel document on which the stamp of entry is established will prove, in addition to the identity, the situation of stay in Spain in those cases of foreigners who do not need to obtain a short visa duration.

Article 209. The visa.

The validly obtained visa credits the situation for which it was granted. The validity of such accreditation shall be extended from the effective entry of its holder in Spain, to the obtaining of the corresponding Foreign Identity Card or until the validity of the visa is extinguished.

The validity of the visa will be equal to that of the authorization of stay or residence that incorporates, when it is not necessary to obtain the Identity Card of Foreign Countries.

Article 210. The Foreign Identity Card.

1. All foreigners who have been issued a visa or an authorization to stay in Spain for a period of more than six months have the right and the duty to obtain the Foreign Identity Card, which they must request. personally within one month of their entry into Spain or since the authorisation is granted or copper in force, respectively. The holders of a residence permit and seasonal work shall be exempt from that obligation.

2. The Foreign Identity Card is the document intended to identify abroad for the purposes of crediting their legal status in Spain.

3. The Foreign Identity Card is personal and non-transferable, and it is up to the holder to complete the actions that are established for obtaining and delivering, as well as the custody and preservation of the document.

4. Failure to comply with the obligations relating to the Foreign Identity Card will result in the application of the sanctioning regime provided for in Organic Law 4/2000 of 11 January.

5. The holder of the Foreign Identity Card may not be deprived of the document, except in the cases and with the requirements laid down in Organic Law 4/2000 of 11 January, and in the Organic Law 1/1992 of 21 February on the Protection of the Citizen Security.

6. The Ministry of the Interior, within the framework of the agreements on documentation of international foreigners in which Spain is a party, will dictate the necessary provisions to determine the characteristics of this document, prior to the of the Interministerial Committee for Foreign Affairs.

7. The Foreign Identity Card shall have the same period of validity as the authorization or recognition of the right to justify its issue, and shall lose its validity when the authorization is produced, by any of the causes (a) regulations established for this purpose or, where appropriate, for the loss of the right to remain in Spanish territory.

8. When the validity of the card has expired, the renewal of the authorization or, where appropriate, the recognition to remain in Spanish territory, or the right to justify its issue, the foreigners, has been agreed upon. holders are required to deliver the document at the Foreign Offices or police stations corresponding to the place where they reside.

In the assumption of a commitment not to return to Spanish territory in the framework of a voluntary return program, by holders of an Identity Card of Foreign Countries, they will be obliged to deliver the document in the Spanish diplomatic or consular representation in the country of origin to which they return. This provision shall also apply to foreigners who voluntarily return on the sidelines of a programme and wish to benefit from the provisions laid down in this Regulation in respect of the return of returning persons. voluntarily to their country of origin or provenance.

In the case of foreigners to whom the asylum system applies, the delivery of the document must be carried out at the Office of Foreign Office or the Police Commissioner of the province where they reside, except where they are in Madrid, where the delivery of the document must be carried out at the Asylum and Shelter Office.

9. The loss, destruction or misuse of the Foreign Identity Card, whether personal, work or family, shall carry with them the issue of a new card, at the request of the person concerned, which shall not be considered as renewal and shall have duration for the time that you are missing for the time you replace.

In the event that the request for the issuance of a new card is made within the time of renewal of the authorisation, the procedures shall be processed jointly and consistently.

10. The changes that imply changes in the legal situation in Spain of the holder of the Foreign Identity Card, as well as their employment status, including renewals, will determine the issue of a new card adapted to the change or alteration, with the validity of the resolution granting such modifications.

11. It will be up to the Directorate General of the Police and the Civil Guard, in accordance with the coordination criteria established by the Secretariat of State for Security, according to the Secretary of State for Immigration and Emigration, the organization and management of the services of issue of the Identity Cards of Foreign Countries in the Office of Foreign Office or the Police Commissioner in which the administrative file has been processed or the notification by which the or you are authorized to stay in Spain, as well as your expedition and delivery to the interested party, who they must prove to them that they are the addressee of the document and have made the payment of the legally established fees.

Also, in cases where the effectiveness of the authorization granted is conditional on the requirement of the discharge from abroad in the corresponding social security system, the fulfilment of the requirement will be checked of a trade with a character prior to the issue of the card.

12. The regulations in force on presentation and annotation in the public offices of the national identity document, the rules of which shall be in addition to the rules on the use of the documents in Spain, shall apply to the documents referred to above. identity documents of foreigners.

CHAPTER III

Undocumented

Article 211. Requirements and procedure for documentation.

1. In the case of illegal aliens, as provided for in Article 34.2 of the Organic Law 4/2000, of January 11, this chapter will take place in the form provided for in this chapter.

2. The request for documentation shall be made as soon as the undocumented, personally and in writing, have been produced at the relevant Foreign Offices or Police Commissioner.

3. The person concerned shall display the documents of any kind, even if they are expired, which may constitute evidence of identity, origin and nationality, if any, in order to be incorporated into the checks carried out (i) It shall also prove that it cannot be documented by the diplomatic mission or consular post concerned by a notarial act, which permits a record of the order made and not taken into account, without prejudice to the provisions of paragraph 1. 5.

4. The person concerned must also provide the documents, statements or other appropriate means of proof to prove that there are exceptional reasons of a humanitarian nature, public interest or, where appropriate, compliance with the commitments from Spain, which justify their documentation by the Spanish authorities.

5. In the case of applicants for temporary residence permits in exceptional circumstances, the applicant shall be exempted from the presentation of a notarial act to prove that it cannot be documented by the diplomatic mission or consular post. in cases where serious reasons are alleged to prevent their appearance in those cases, for which the report of the Asylum and Shelter Office may be obtained.

6. If the foreigner wishes to remain in Spanish territory, the Delegate or Subdelegate of the Government in the province in which he is located will grant him an interim identification document, which will enable him to stay in Spain for three months, during which time information on their background will be completed.

The document provided for in this paragraph will not be granted if the foreigner is in any of the alleged prohibition of entry into Spain as referred to in Article 26 of the Organic Law 4/2000, of January 11, or has been issued against an order to expel the Spanish territory.

7. Exceptionally, for reasons of public security, on an individual basis, motivated and in proportion to the circumstances in each case, by resolution of the holder of the Ministry of the Interior adopted on a proposal from the Directorate-General of The Police and the Civil Guard, in accordance with the legal guarantees of the sanctioning procedure provided for in the Law, may establish measures limiting their right to free movement, the duration of which shall not exceed the time required and proportional to the persistence of the circumstances which justified the adoption of the They may consist in the periodic submission to the competent authorities and in the removal of specific border or population centres singularly.

Also, specific limiting measures may be established with respect to that right when agreed upon in the declaration of state of exception or site, in the terms provided for in the Constitution.

8. Completion of the processing of the procedure, unless the foreigner is found in any of the alleged prohibition of entry or has been issued against an order of expulsion, prior to the payment of the fees that legally correspond, the Delegate or Subdelegation of the Government or the General Commissioner for Foreign Affairs and Borders shall register in a special section of the Central Foreign Register and provide it with an entry card in a printed document, which shall be be renewed annually and the characteristics of which will be determined by the Ministry of the Interior, Report of the Interministerial Committee on Foreign Affairs.

The Directorate-General of the Police and the Civil Guard shall issue certifications or reports on the extremes appearing in that special section for presentation to any other Spanish authority.

9. The foreign national to whom the registration card has been granted may apply for a residence permit for exceptional circumstances if the requirements are met. Such an application may be submitted and settled simultaneously with the application for an entry card.

10. In the event of a refusal of the application, once the application has been notified, it will be returned to the country of origin or to the expulsion of the Spanish territory, in the form provided for in the Organic Law 4/2000 of 11 January, and in this Regulation.

11. The registration card will be valid without the need for an express resolution, when the foreigner is documented by a country or acquires Spanish nationality or other nationality.

Article 212. Travel title for departure from Spain.

1. To foreigners who are in Spain who credit an exceptional need to leave the Spanish territory and cannot provide their own passport, because they are in one of the cases expressed in Article 34.2 of the Organic Law 4/2000, of 11 January, once the formalities regulated in the previous article have been carried out, the Directorate-General of the Police and the Civil Guard will be able to issue a travel title to the countries specified, providing for the return to Spain.

If the object of the travel title is exclusively to enable the applicant to return to his or her country of nationality or residence, the document shall not contain authorization to return to Spain.

2. The travel title shall consist of the maximum duration and the limitations to be determined for each individual case for use.

3. The travel title shall be issued in accordance with the model determined by the Order of the holder of the Ministry of the Interior.

CHAPTER IV

Foreign Central Registry

Article 213. Foreign Central Register.

1. There shall be a Central Foreign Registry in the Directorate-General of the Police and the Civil Guard, in which they shall be recorded:

a) Entries.

b) Travel documents.

c) Extensions of stay.

d) Enrollment data.

e) Input authorizations.

f) Stay entitlements.

g) Residence entitlements.

h) Job entitlements.

i) Intakes for international protection, concessions and denials.

j) Concessions and denials of stateless and displaced status.

k) Changes of nationality, domicile or marital status.

l) Limitations of stay.

m) Precautionary measures taken, administrative offences committed and sanctions imposed in the framework of the Organic Law 4/2000 of 11 January, and of this Regulation.

n) Denegations and prohibitions of entry into the national territory and their motives.

n) Returns.

o) Exit bans.

p) Administrative or judicial expulsions.

q) Outputs.

r) Return entitlements.

s) Foreign identity number certificates.

t) Return of seasonal workers.

u) Invitation letters.

v) Retornos volunteers.

w) Any other resolution or action that may be taken pursuant to this Regulation.

2. The bodies which adopt the decisions and grant the documents referred to in paragraph 1 shall, for the purposes of their entry into this register, give an account.

Article 214. Communication to the Central Foreign Registry of changes and changes of situation.

Foreigners authorised to remain in Spain will be required to inform the Office of Foreign Affairs or the Police Commissioner of the place where the changes of nationality are or remain. of habitual residence and marital status. Such communication shall be made within a maximum of one month after the change or amendment has been proposed and shall be accompanied by the documents certifying those changes.

CHAPTER V

Unaccompanied Foreign Child Register

Article 215. Registration of Unaccompanied Foreign Minors.

1. In the Directorate General of the Police and the Civil Guard there will be a Register of Unaccompanied Minors, with exclusive identification effects, which will be coordinated by the Attorney General of the State, for the fulfillment of the powers that has been attributed by the Ministry of Taxation to Article 35 of the Organic Law 4/2000, in the field of its function of guarantee and protection of the best interests of the child.

The Registry shall contain, in personal, individualized and numbered seats, the following data concerning the identification of unaccompanied, documented and undocumented foreign minors whose age minority is from the moment of its location or has been determined by Decree of the Fiscal Ministry:

(a) The name of the child, the name of the parents, the place of birth, nationality and last residence in the country of origin.

b) Type and numbering of the child's identification documentation.

c) Your decadal printing, fisonomic data, and other biometric data.

d) Photograph.

e) Data concerning the age of the child or of the age established by the initial Decree of the Prosecutor's Office. If applicable, data modified by subsequent Decree.

f) Host Center or Place of Residence.

g) Public body or non-governmental organization, foundation or entity dedicated to the protection of minors under whose protection it is located.

h) Transports of the minor between Autonomous Communities.

i) Recognition of your asylum status, protected or treated victim.

j) Date of application for residency authorization.

k) Date of grant or refusal of the residence permit.

(l) Any other relevant data that, to the aforementioned identification effects, estimate the Ministry of Public Prosecutor or the Directorate General of the Police and the Civil Guard to be necessary.

2. The competent services for the protection of minors referred to in Article 35 of Organic Law 4/2000 of 11 January, when they are aware that a minor is in a situation of distress, shall, as soon as possible, communicate to the the Directorate-General of the Police and the Civil Guard and the Secretary of State for Immigration and Emigration, through the Office of Foreign Affairs, the data they know concerning the identity of the child as provided for in the paragraph previous.

3. In order to ensure the accuracy and completeness of the Registry, the Public Prosecutor's Office may require the Public Services for the Protection of Minors, Forces and Bodies of State Security, Autonomous Police, Local Police, Sanitary Institutions, and any other public or private entity, the remission of any data in its possession on unaccompanied foreign minors. Such data shall be forwarded to the Directorate-General of the Police and the Civil Guard for the updating of the Register.

TITLE XIV

Violations in the field of aliens and their sanctioning regime

CHAPTER I

Common rules of the sanctioning procedure

Article 216. Applicable rules.

1. The exercise of the power of sanction by the commission of the administrative infractions provided for in the Organic Law 4/2000, of January 11, will be in accordance with the provisions of the Law 30/1992, of 26 November.

2. No penalty shall be imposed for infringements of the provisions laid down in Organic Law 4/2000 of 11 January, but under the procedure laid down for that purpose.

3. In the case of the presumed cases referred to as a minor infringement of Article 52 (c), (d) and (e) of Article 53.1. (b) and (b) and (b) and (f) of Article 54 (1) (d) and (f) of the Organic Law 4/2000 of 11 January, the procedure applicable shall be as provided for in Chapter IV of this Title.

4. In any event not provided for in this Regulation, the procedure laid down in the Rules of Procedure for the exercise of sanctioning powers, approved by Royal Decree 1398/1993 of 4 August 1993, will be applicable.

Article 217. Modalities of the sanctioning procedure.

The exercise of the power of sanction by the commission of the administrative infractions provided for in the Organic Law 4/2000, of January 11, will be dealt with by the ordinary, preferential and simplified procedures, as appropriate in accordance with the provisions of the Organic Law and this Regulation.

Article 218. Previous performances.

Prior to the initiation of the procedure, prior action may be taken to determine on a preliminary basis whether or not circumstances warrant such initiation. These actions shall be directed, in particular, to determine as accurately as possible the facts likely to cause the initiation of proceedings, the identification of the person or persons liable to be responsible and the relevant circumstances that are present in each other.

Article 219. Initiation of the sanctioning procedure. Competence.

1. The procedure shall be initiated on its own initiative by the competent body on its own initiative, as a result of a higher order, on a reasoned request from other bodies or by complaint.

2. They shall be competent to order the opening of the sanctioning procedure by the Government's Delegates in the uniprovincial Autonomous Communities, the Government Subdelegates, the Heads of Foreign Offices, the General Commissioner for Foreign Affairs and Borders, the Chief of Police, the Provincial Commissioners and the local police and border posts.

Article 220. Instructor and secretary.

In the agreement to initiate the procedure, an instructor and a secretary shall be appointed, who shall be officials of the National Police Corps, without prejudice to the possibility of such appointments to other officials of the Foreign offices in the case of sanctioning procedures which are dealt with by minor infringements and serious infringements of points (e) and (h) of Article 53.1 of the Organic Law 4/2000 of 11 January.

Article 221. The seizure.

1. Pursuant to Article 55.5 of the Organic Law 4/2000 of 11 January, in the cases of infringement of Article 54.1 (b) of that Law, vehicles, vessels, aircraft and all goods shall be seized. furniture or buildings of any kind have served as an instrument for the commission of the said infringement.

2. In order to ensure the effectiveness of the iso, the officials of the authority may proceed from the first investigations to the apprehension and make available to the competent authority of the goods, effects and instruments to which they are refers to the previous paragraph and shall be at the expense of the sanctioning file in which the relevant information is to be resolved.

3. The goods, effects and instruments definitively seized by a firm administrative or judicial decision shall be awarded to the State in the terms laid down by Law 33/2003 of 4 November of the Heritage of Public Administrations.

4. The judicial authority may agree that, with due guarantees for its conservation and as long as the procedure is substantiated, the goods, objects or instruments of lawful trade may be used provisionally by the foreign exchange units. in the fight against illegal immigration.

Article 222. Resolution.

1. The Government's delegates to the Autonomous Communities and the Government Subdelegates will give a reasoned resolution confirming, modifying or leaving the sanction proposal without effect and decides on all the questions raised by the Government. interested and those other derivatives of the procedure.

2. The decision may not take into account facts other than those determined at the stage of the procedure, without prejudice to its different legal assessment.

3. In order to determine the penalty imposed, in addition to the graduation criteria referred to in Article 55 (3) and (4) of the Organic Law 4/2000 of 11 January, the circumstances will also be assessed in the light of Article 57 of the of the personal and family situation of the offender.

Article 223. Manifestation of the will to appeal.

For the purposes set out in Article 22 (3) of the Organic Law 4/2000 of 11 January, the foreigner will express his express will to have recourse, the constancy of which will be credited through the control of the Article 24 of Law 1/2000 of 7 January of Civil Procedure. In the event that the alien is deprived of liberty, he may express his or her wish to bring an administrative or administrative appeal or to bring proceedings against the decision of expulsion to the Delegate or Subdelegate of the Competent government or the Director of the Internal Foreign Office under whose control it is located, which shall be recorded in the record to be incorporated into the file.

Article 224. Enforcement of sanctions resolutions.

1. The implementation of the sanction resolutions shall be carried out in accordance with the provisions of Chapter III of this Title, without prejudice to the particularities laid down for the preferential procedure.

2. The resolution shall, where appropriate, take the necessary precautionary measures to ensure that they are not enforceable. Those provisions may consist in the maintenance of the provisional measures which, where appropriate, would have been adopted in accordance with Article 61 of the Organic Law 4/2000 of 11 January 2000.

Notwithstanding the foregoing and in accordance with the provisions of Article 63a of the Organic Law 4/2000 of 11 January, the precautionary measure of preventive detention cannot be taken during the period of voluntary compliance with which the would have been fixed in the eject resolution.

3. The administrative penalties shall be used in accordance with the provisions of the laws. Its performance regime shall be that provided for in general.

4. In any event, where the foreigner is not in Spain, he may be able to take the resources, both on administrative and judicial basis, through the corresponding diplomatic or consular representations, which shall send them to the competent body.

Article 225. Expiration and prescription.

1. The maximum period for the decision to be given and the decision to be notified shall be six months after the initiation of the procedure, without prejudice to the provisions of the simplified procedure laid down in Article 238.

Expiry of that period without having been resolved and notified the expressed resolution shall be the expiration of the procedure and the file of the proceedings shall be carried out at the request of any interested or of trade by the organ competent to issue the judgment, except in cases where the proceedings have been brought to a standstill because of an imputable cause to the persons concerned or in cases where their suspension has been agreed.

2. The action to punish the offences provided for in Organic Law 4/2000, of 11 January, prescribes at three years if the offence is very serious; at two years if it is serious, and at six months if it is minor, counted from the day on which the have been committed.

The prescription will be interrupted by any performance of the Administration of which the reported person is aware.

The limitation period shall be resumed if the procedure has been paralyzed for more than one month for reasons not attributable to the expedited procedure.

3. The limitation period for the penalty shall be five years if the penalty imposed is for a very serious infringement; two years if it was for a serious infringement, and one year for a minor offence.

If the sanction imposed is the expulsion of the national territory, the prescription will not begin to count until the period of prohibition of entry fixed in the resolution has elapsed, which will be established according to the referred to in Article 242 (2) of this Regulation.

The limitation period for the penalty shall begin to be counted from the day following the day on which the decision imposing the sanction is final.

4. The prescription, both of the infringement and of the sanction, will be applied on its own initiative by the competent bodies in the various stages of processing the file.

5. Both the prescription and the expiry shall require a decision in which that circumstance is referred to as the cause of termination of the procedure, with an indication of the facts produced and the applicable rules, as laid down in Article 42.1 of the Law 30/1992, of 26 November.

CHAPTER II

Penalty procedure handling modes

Section 1. The Ordinary Procedure

Article 226. Assumptions in which the ordinary procedure is applicable.

The procedure followed shall be the ordinary procedure except in the cases specified in Article 234 of this Regulation, which shall be dealt with by the preferential procedure.

Article 227. Initiation of the ordinary procedure.

1. Except in the cases described as a serious infringement of Article 53.1. (b) and (b) and (b) or (b) of Article 54 (1) (d) and (f) of the Organic Law 4/2000 of 11 January, in which the provisions of Article 55.2 thereof are to be followed, the procedure for initiating the procedure shall be formalised with the following minimum content:

a) Identification of the person or persons allegedly responsible.

(b) Facts that cause the procedure to be initiated succinctly, its possible qualification and any sanctions that may be appropriate, without prejudice to the results of the instruction.

(c) Instructor and, where appropriate, the Registrar of the procedure, with an express indication of the system of recusal of such.

(d) Authority competent for the resolution of the file and rule which attributes such competence to it.

e) Indication of the possibility that the suspected person may voluntarily acknowledge his or her responsibility.

(f) Measures of a provisional nature which have been agreed by the competent authority to initiate the sanctioning procedure, without prejudice to those which may be adopted during the procedure in accordance with Articles 55 and 61 of the Law Organic 4/2000, dated January 11.

g) Indication of the right to make allegations and to the hearing in the proceedings and the time limits for their exercise.

2. The initiation agreement shall be communicated to the instructor with the transfer of any such action and shall be notified to the persons concerned, in any case being understood as such to the issue.

In the notification, the parties concerned shall be advised not to make representations on the content of the initiation of the procedure within the time limit provided for in the following Article, not to make a proposal for a test or not to be accepted, by way of impropriety or unnecessary, the evidence proposed, the initiation may be considered as a motion for a resolution where it contains a precise statement of the responsibility imputed, with the effects provided for in the articles 229 and 230.

3. In the proceedings in which the sanction of expulsion of Spanish territory may be proposed, the foreign national shall be entitled to the legal assistance which shall be provided to him, if necessary, and to be assisted by interpreter if he does not understand or speak of (a) free of charge in the case of a lack of economic means in accordance with the provisions of the rules governing the right of free legal assistance.

Article 228. Actions and allegations in the ordinary procedure.

1. Without prejudice to the provisions of the foregoing Article, the parties concerned shall have a period of 15 days in which to submit any allegations, documents or information they deem appropriate and, where appropriate, to propose the evidence and to specify the means of which they intend to use.

2. In the case of the notification referred to in the preceding paragraph, the instructor of the proceedings shall make as many actions as are necessary for the examination of the facts, and shall obtain the information and information relevant to the to determine, where appropriate, the existence of liability liable to sanction.

3. If, as a result of the instruction in the proceedings, the initial determination of the facts, their possible qualification, the taxable penalties or the responsibilities liable to be imposed is amended, all this shall be notified to the issued in the motion for a resolution.

Article 229. Test in the ordinary procedure.

1. If the claims have been received or the period referred to in the previous Article has elapsed, the instructor may agree to open a trial period for a period not exceeding 30 days or less than 10 days.

2. In the agreement, which shall be notified to the parties concerned, the practice of those tests which, where appropriate, those tests would have been proposed, may be rejected in a reasoned manner where they are deemed to be inappropriate in relation to the facts.

3. The practice of the evidence which the instructor considers to be relevant, such as those other than the documents which the interested parties may provide at any time during the procedure, shall be carried out in accordance with the procedure laid down in Article 1 (2). with the provisions of Article 81 of Law 30/1992 of 26 November.

4. Where the evidence consists in the issuance of a report of an administrative body or public entity and is admitted to the proceedings, the latter shall have the effects provided for in Article 83 of that Law No 30/1992 of 26 November.

5. Where the assessment of the tests carried out may constitute the basic basis for the decision to be taken in the procedure as an essential part of the assessment of the facts, it shall be included in the motion for a resolution.

Article 230. Collaboration of other public administrations in the ordinary procedure.

The instructor body shall collect from the administrative bodies and agencies belonging to any of the public authorities the information necessary for the effective exercise of its own powers, including the request for the necessary information to the Central Register of Penados.

Article 231. Motion for a resolution in the ordinary procedure.

If the test is completed, the procedure's instructor shall formulate the motion for a resolution setting out the reasons for the facts and specifying those which are considered to be proven and their exact qualification. The Court of First Instance shall, in accordance with Article 1 (1) of Regulation (EU) no. 1/EU of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council, the body responsible for initiating the procedure or its instructor, or the declaration of non-infringement or liability.

In any event, the determination of the sanction proposal will be made on the basis of proportionality criteria, the degree of guilt of the offending person, as well as the damage or risk produced, should be taken into account. with the commission of the infringement.

Article 232. Processing of hearing in the ordinary procedure.

1. The motion for a resolution shall be notified to the parties concerned. The notification shall be accompanied by a list of the documents in the proceedings to enable the parties concerned to obtain copies of the documents they deem appropriate and shall be granted a period of 15 days to make representations and present the documents and information they deem relevant to the instructor of the procedure.

2. Except in the case provided for in the final paragraph of Article 227.2, the hearing procedure may be waived where the proceedings are not included in the proceedings and other facts or other allegations and evidence which the adduced, where appropriate, are not taken into account. by the person concerned, in accordance with the provisions of Article 228.1.

3. The motion for a resolution shall be sent immediately to the body responsible for resolving the proceedings, together with all the documents, allegations and information in that body.

Article 233. Resolution of the ordinary procedure.

1. Before the decision is taken, the body responsible for resolving may decide by means of a reasoned agreement to carry out the necessary additional measures to resolve the procedure.

The agreement to carry out additional actions will be notified to the interested parties, who will be granted a period of seven days in order to formulate the arguments they have for the relevant ones. Complementary actions shall be carried out within a period not exceeding 15 days. The time limit for resolving the procedure shall be suspended until the completion of the accompanying measures. The reports preceding the final decision of the procedure shall not be taken into account by any additional action.

2. The competent body shall give a reasoned decision, which shall decide on all the questions raised by the parties concerned and those arising from the procedure.

The resolution shall be adopted within 10 days of receipt of the motion for a resolution and the documents, allegations and information in the proceedings, except as provided for in paragraphs 1 and 3.

3. The decision may not accept facts other than those determined in the course of the procedure, except where appropriate, where appropriate, the application of the provisions of paragraph 1, irrespective of the different assessment of the procedure. legal. However, where the body responsible for resolving the case considers that the infringement is more serious than that determined in the motion for a resolution, the person concerned shall be notified of any such claims as to the extent to which he or she considers appropriate. the effect shall be given a period of 15 days.

4. The decisions of the sanctioning procedures, in addition to containing the elements provided for in Article 89.3 of Law No 30/1992 of 26 November 1992, shall include the assessment of the tests carried out and, in particular, those which constitute the basic grounds for the decision, shall determine the facts and, where appropriate, the person or persons responsible, the offence or offences committed and the sanction or penalties imposed or the declaration of non-infringement or responsibility. The penalty shall be determined on the basis of proportionality criteria, taking into account the degree of culpability of the offending person, as well as the damage or risk incurred with the commission of the offence.

5. The decisions shall be notified to the person concerned and where the proceedings have been initiated as a result of a higher order, the decision shall be transferred to the administrative body responsible for the decision.

Section 2. The Preferred Procedure

Article 234. Assumptions in which the preferred procedure is appropriate.

The processing of the files on which the expulsion may be proposed shall be carried out by the preferential procedure where the offence imputed is one of those provided for in Article 54.1 (a) and (b), as well as in the (d) and (f) of Article 53.1 and Article 57.2 of the Organic Law 4/2000 of 11 January.

In addition, those infringements provided for in Article 53.1 (a) of the Organic Law 4/2000 of 11 January, when one of the following circumstances are present, shall be dealt with by the preferential procedure:

a) Risk of failure to appear.

(b) The alien shall avoid or hinder expulsion, without prejudice to the exercise of his or her rights.

c) That the alien represents a risk to public order, public security or national security.

Article 235. Initiation and processing of the preferred procedure.

1. Where the investigation is given the opportunity to decide on the expulsion, the person concerned shall be moved from the written initiation agreement to the person concerned, in order to ensure that he or she considers it appropriate within the period of forty-eight hours. warn that it will not make representations by itself or its representative on the content of the proposal, not to make a test proposal or if it is not supported in a reasoned, by way or unnecessary basis, the proposed tests, the agreement The initiation of the file will be considered as a motion for a resolution.

2. In any case, the foreigner will have the right to the legal assistance that will be provided to him, if any, and to be assisted by interpreter if he does not understand or speak Spanish, free of charge in the case of the lack of economic means of agreement with the provisions of the rules governing the right of free legal assistance.

3. In the notification of the initiation agreement, the person concerned shall be advised that, if he does not make representations about the content of the agreement within the time limit laid down in paragraph 1, that agreement shall be considered as a motion for a resolution with the file to the competent authority to resolve.

4. If the person concerned or his/her representative formulates claims and shall make a test proposal within the prescribed time limit, the instructor shall assess whether or not it is relevant.

If the evidence proposed by impropriety or unnecessary is not accepted, the interested party shall be notified of the reasons and shall be given a hearing as provided for in the following paragraph. In this case, the initiation agreement of the file, without changing the rating of the facts, will be considered as a motion for a resolution with referral to the competent authority to resolve.

To be estimated by the instructor the relevance of the proposed test, the test shall be carried out within the maximum period of three days.

Practiced in his case the test, the instructor will formulate a motion of resolution that will be notified to the interested party and will give him a hearing procedure in which he will be granted a period of forty-eight hours to formulate arguments and present the documents it considers relevant. After that period, the motion for a resolution, together with the administrative file, shall be raised to the competent authority to be resolved.

5. As long as the file is processed, the instructor may ask the competent instruction judge to arrange for the foreign entry to be issued at a Foreign Interment Center. The request for detention shall be reasoned.

The period of detention shall be maintained for the time required for the purposes of the file and shall not exceed in any case of sixty days.

The court decision authorizing it, taking into account the circumstances in each case, may establish a maximum period of duration of the detention lower than that cited.

No new internment may be agreed for any of the causes provided for in the same file.

6. When the instructor requests the detention and the judicial authority refuses to do so, the instructor, in order to ensure the effectiveness of the final resolution that may fall, may adopt some or some of the following precautionary measures:

(a) Withdrawal of the passport or certificate of his nationality, upon delivery to the person of receipt of such a measure.

(b) A periodic submission to the instructor of the file or to another authority determined by the file on the days that, in the light of the personal, family or social circumstances of the issue, is deemed advisable.

c) Mandatory residence instead.

d) Any other precautionary measure that the judge deems appropriate and sufficient.

Article 236. The resolution in the preferential procedure. Enforceability.

1. The resolution, in the light of the preferential and summary nature of the procedure, will be immediately handed down. It must be reasoned and resolve all the questions raised in the file; it may not accept facts other than those determined in the course of the proceedings, irrespective of its different legal assessment; and it shall be notified to the interested.

2. The execution of the order for expulsion from these proceedings, once notified to the person concerned, shall be carried out immediately.

If the judicial authority has not been released by the judicial authority within the period of 60 days referred to in Article 235 (5), the judicial authority itself shall be interested in the cessation of detention. in order to be able to drive to the exit post.

3. The derogation from the general application of the general scheme of enforceability of administrative acts in the case of a decision terminating the expulsion procedure with a preferential character, as laid down in Article 21.2 of the Organic Law 4/2000, 11 January, shall not exclude the right of appeal by the legitimate to exercise it, without prejudice to the immediacy of the expulsion and the impropriety of administratively declaring suspensory effect against it. In addition to the statement of reasons for the decision, the decision shall state the resources to which it comes, the body to which they must be submitted and the time limit for bringing them together.

Article 237. Communications in the preferred procedure.

The opening of the file, the precautionary detention and detention measures and the expulsion order shall be communicated to the embassy or consulate of the country of the foreign country and shall be recorded in the Central Register Foreign Ministry of Foreign Affairs of the General Directorate of the Police and the Civil Guard. This communication shall be addressed to the Ministry of Foreign Affairs and Cooperation when it has not been possible to notify the consulate or the consulate in Spain.

Section 3. The simplified procedure

Article 238. Simplified procedure initiation assumptions.

This procedure will be dealt with when the reported facts are qualified as a minor offence provided for in one of the cases referred to in Article 52 of the Organic Law 4/2000 of 11 January.

This procedure shall be initiated on its own initiative by agreement given to the effect by one of the competent bodies established in Article 216.2 of this Regulation or by denunciation made by the agents of the National Police Corps, except where the offence imputed is one of those set out in points (c), (d) and (e) of that Article 52, where the provisions of Article 55.2 of the Organic Law 4/2000 of 11 January 2000 are to be observed.

This simplified procedure should be resolved within a maximum of two months since it was started.

Article 239. Simplified procedure.

1. The competent body, when issuing the initiation agreement, shall specify in this the simplified nature of the procedure. Such an agreement shall be communicated to the instructor and shall be notified to the parties concerned.

Within 10 days of the notification and notification of the initiation agreement, the instructor and the interested parties shall, respectively, carry out the relevant actions, the contribution of any allegations, documents or information deemed appropriate and, where appropriate, the test proposal and practice.

After that time the instructor shall formulate a motion for a resolution setting out the reasons for the facts. It shall specify the facts to be found and its exact legal status, with determination of the offence, the person or persons responsible, and the proposed sanction, as well as the provisional measures to be taken. adopted, or propose the declaration of non-infringement or liability.

If the investigating body appreciates that the facts may be a serious or very serious infringement, it shall agree to continue the file with the procedures of the ordinary procedure of this Regulation and notify the interested in making claims within five days if they consider it appropriate.

2. The initiation of a complaint by officials of the National Police Corps shall comply with the following rules:

(a) The complaints made by officials of the National Police Corps will be extended by duplicate. One of them will be handed over to the accused, if possible, and the other will be forwarded to the relevant body with competence to agree to the initiation of the procedure. Such complaints shall be signed by the official and by the defendant, without the latter's signature being in accordance with the facts of the complaint but only the receipt of the copy to the intended purpose. In the event that the defendant refused to sign or did not know to do so, the official shall record this.

(b) The complaints shall be notified in the act to the accused, stating the data referred to in this Article. The complaint shall state that the relevant file is opened with it and that the defendant has a period of 10 days to plead as soon as he sees fit for his defence and to propose the evidence he deems appropriate. in the case of the investigating bodies located in the police unit of the place where the offence was committed.

(c) The complaint in the police office of the Directorate-General of the Police and the Civil Guard will be received, the facts and the graduation of the fine will be qualified, the subsequent processing will be initiated or proposed. by the instructor to the competent authority, the relevant decision declaring the non-existence of an infringement in cases where the facts complained of were not constituting the offence.

Article 240. Resolution of the simplified procedure.

Within three days of receipt of the file, the body responsible for resolving the case will decide in the form and with the effect that the fine-penalty decisions are laid down in the procedure. This Regulation shall apply.

Section 4. Procedure Concurrency

Article 241. Concurrency of procedures.

1. If during the processing of the file followed by the preferential procedure and because of the cause provided for in Article 53.1 (a) of the Organic Law 4/2000, of 11 January, the foreign issued proof that he had applied before his initiation of an authorisation of temporary residence for exceptional circumstances in accordance with the provisions of Articles 31.3 of the said Organic Law and consistent with this Regulation, the instructor shall seek report from the competent body on the state of processing of that application. If the person concerned does not meet, in accordance with the decision on the application for authorization, the conditions laid down for obtaining the authorization of residence, the instructor shall decide on the continuation of the expulsion and, if not, you will proceed to your file. If the file is to be understood and after agreement has been given to the effect, it will continue with the procedures of the ordinary procedure laid down in this Regulation.

2. Where, in the context of a procedure relating to residence permits for exceptional circumstances as provided for in Articles 31bis, 59, 59a or 68.3 of the Organic Law 4/2000 of 11 January 2000, it is established that the (a) a measure of expulsion not executed by competition for an infringement of those provided for in points (a) and (b) of Article 53.1 of the Organic Law 4/2000 of 11 January 2000 shall be revoked provided that the analysis of the application leads to the the origin of the granting of the residence permit due to exceptional circumstances.

In case the competent body to resolve the application for authorization was not the same as the one that issued the sanction to revoke, it will automatically urge the revocation of the sanction to the competent body. In the letter of appeal the revocation shall be made on the basis of the type of authorisation applied for and express reference shall be made to the origin of the grant of the authorization for the fulfilment of the requirements required for this purpose, except for the existence of the unexecuted eject measure.

3. The criteria laid down in the preceding paragraph shall also apply if, however, the admission to the application for authorization of residence for exceptional circumstances other than those provided for in Article 3 (2) of the Directive is inadmissible. 31bis, 59, 59bis or 68.3 of the Organic Law 4/2000 of 11 January, pursuant to the provisions of its fourth additional provision, the initial analysis of the application concludes in the existence of clear indications of the origin of the grant of the authorization.

CHAPTER III

Specific aspects in sanctioning procedures for the imposition of expulsion and fine offences

Section 1. First procedural rules for the imposition of expulsion

Article 242. Assumptions in which the removal procedure is proceeding.

1. Without prejudice to the provisions of Article 57.5 and 6 of Organic Law 4/2000 of 11 January 2000, where the offender is a foreigner and performs some or all of the conduct classified as very serious or serious conduct of those referred to in the letters (a), (b), (c), (d) and (f) of Article 53 (1) of this Organic Law, may be applied instead of the fine for the expulsion of the Spanish territory. Furthermore, it will be the cause of expulsion, in or out of Spain, for a wrongful conduct that constitutes a crime punishable by a custodial sentence of more than one year in our country, except that the criminal record would have been cancelled.

2. In case of concurrency of the infringement provided for in Article 53.1.a) and b) of the Organic Law 4/2000, of January 11, when the infringer is holder of a valid residence permit or other authorization granting a right of stay issued by another Member State of the European Union, it shall be informed by way of diligence on the passport of the obligation to immediately address the territory of that State. If the foreigner does not comply with this requirement, or if his immediate departure is necessary for reasons of public order or national security, he shall initiate a sanctioning procedure on the basis of the provisions of this Regulation.

Article 243. Content of the expulsion procedure initiation agreement.

In addition to the minimum content to be included in the initiation agreement as provided for in Article 227.1, the following particulars shall be expressly stated:

(a) The right of the person concerned to free legal assistance in the event that he lacks sufficient economic resources in accordance with the provisions of the law governing the right of free legal assistance.

(b) The right of the person concerned to assist the interpreter if he does not understand or speak the official languages used.

c) That the expulsion agreement that may be issued will entail the prohibition of entry into Spain, the duration of which will be established in accordance with the provisions of Article 242.2 of this Regulation and which will be extended to the territories of the States with which Spain has concluded an agreement in that regard.

Article 244. Precautionary measures in the expulsion procedure.

1. In accordance with Articles 55 and 61 of the Organic Law 4/2000 of 11 January 2000, the instructor may at any time adopt, by means of a reasoned agreement, the measures of a provisional nature which are necessary to ensure that the the effectiveness of the resolution that may fall.

Where the procedure dealt with is of an ordinary nature, the precautionary measure of detention cannot be taken.

2. In the same way as those laid down in Article 221 of this Regulation, the instructor may maintain the apprehension of the goods, effects or instruments which have served the commission of the offence provided for in Article 54 (1) (b) of the Organic Law 4/2000, of January 11.

Article 245. Content and effects of the resolution of the expulsion procedure.

1. The decision terminating the proceedings shall be reasoned, with an indication of the remedies which may be brought against it, a body to which it must be submitted and the time limit for its submission, in accordance with the provisions of the Article 222.

2. The resolution that agrees to the expulsion will lead to the prohibition of entry into the Spanish territory. Such prohibition of entry shall be extended to the territories of the States with which Spain has concluded an agreement in that regard.

The duration of the prohibition shall be determined in consideration of the circumstances in each case and its validity shall not exceed five years.

Exceptionally, where the foreign national poses a serious threat to public order, public security, national security or public health, an entry ban period of up to ten years may be imposed, prior to the report of the General Commissioner for Foreign Affairs and Borders.

Without prejudice to the foregoing, the competent body shall not impose an entry ban in the event that the alien leaves the national territory during the processing of the file or revokes the entry ban imposed if the the foreigner leaves him in the time of voluntary compliance provided for in the order of expulsion.

The departure of the territory must be timely communicated to the competent body for the non-imposition or revocation of the prohibition of entry, provided that the sanctioning file has been processed by some of the alleged referred to in points (a) and (b) of Article 53.1 of the Organic Law 4/2000 of 11 January.

The output shall be understood to have been duly communicated:

(a) By filling in the police services responsible for border control of the printed form to record the departure of the foreigner from Spanish territory.

(b) By means of personation in the Spanish diplomatic mission or consular post in the country of origin or residence in which there is evidence of evidence that the departure of Spanish territory occurred prior to the decision of the Penalty procedure or during the given period for voluntary compliance with the sanction imposed.

The border or consular authority to which the departure of Spanish territory has been communicated in accordance with the provisions of this paragraph shall, through the General Commissioner for Foreign Affairs and Borders, transfer the information to the body which has imposed the expulsion sanction or which is competent for its imposition, for the purposes, respectively, of the revocation or non-imposition of the entry ban.

3. The resolution shall, in any event, entail the extinction of any authorization to remain in Spain, of which the expelled foreigner was a holder, as well as the file of any procedure that would have the object of the authorization to reside or to reside in Spain. working in Spain.

4. If the decision was taken in application of the infringement provided for in Article 54 (1) (b) of the Organic Law 4/2000 of 11 January, and the seizure of goods, effects or instruments which had been used for the purposes of the of the said infringement, the offence shall entail the confiscation of such goods or effects unless it has been established that the goods belong to a third party in good faith not responsible for the offence which they have legally acquired.

The goods, effects and instruments definitively seized by a firm administrative or judicial decision shall be awarded to the State in accordance with the terms of Law 33/2003 of 3 November of the Public Administrations.

5. If the decision is taken in application of the infringement provided for in Article 54 (1) (d) of the Organic Law 4/2000 of 11 January, and without prejudice to the expulsion agreed upon, it may contain a statement of reasons for the closure of the establishment or local from six months to five years.

Article 246. Execution of the resolution in the expulsion procedure.

1. Orders for expulsion from the national territory that are issued in preferential processing procedures shall be executed immediately in accordance with the specific rules provided for in this Regulation and in Article 63 of the Organic Law. 4/2000, of January 11.

2. Orders for expulsion from the national territory that are issued in ordinary processing procedures shall contain the period of voluntary compliance for the alien to leave the national territory.

The duration of that period shall be between seven and thirty days and shall begin from the date of notification of the said resolution. The imposition of a period of less than 15 days shall be of an exceptional nature and shall be duly substantiated in the letter of its duration.

Prior to completion, the time limit for voluntary compliance with the expulsion order may be extended to the circumstances that are present in each individual case, such as the length of stay, Minor school fees or the existence of other family and social links.

In the event that the foreigner is in charge of minor schooling, the execution of the expulsion sanction will not proceed until the end of the academic year unless the other parent is resident in Spain and can be position of them.

3. After the expiry of that period without the alien having left the national territory, the police officers responsible for foreign nationals shall be detained and led to the place of departure for which they are to become effective. removal.

If the expulsion could not be executed within seventy-two hours from the time of the arrest, the instructor or the person responsible for the foreign unit of the National Police Corps before the arrest may request from the judicial authority the entry of the foreigner into the detention centres established for this purpose.

The period of detention shall be maintained for the time required to carry out the expulsion, which shall not be prolonged in any case beyond sixty days, or until it is established that it is not possible to execute it within that period. A new internment may not be agreed on the basis of the same expulsion file.

4. The execution of the expulsion order shall be carried out at the expense of the employer who has been punished as a result of the commission of the serious infringement provided for in Article 53.2.a) and is very serious of Article 54 (1) (d) of the Treaty. Organic Law 4/2000 of 11 January, without prejudice and in a manner compatible with the economic sanction corresponding to the procedure laid down for the imposition of penalties for violations of the social order.

5. The execution of the expulsion order shall be carried out at the expense of the foreign country if it has economic means. Otherwise, the diplomatic or consular representative of his country shall be notified of such circumstances, for the appropriate purposes.

Except in cases where a period of voluntary compliance with the sanction had been imposed and the penalty had been neglected by the foreign national, in case the latter had economic means and assumed the cost of the repatriation on a voluntary basis, the Government Delegate or Subdelegate who has issued such a decision may, on its own initiative or at the request of a party, agree to replace it with the compulsory exit if the following conditions are met:

(a) That the offence which has motivated the expulsion decision is that contained in Article 53.1.a) and (b) of the Organic Law 4/2000 of 11 January;

b) That there are sufficient guarantees or that the timely mandatory exit provided for in Article 28.3.c) of Organic Law 4/2000 can be verified; and

(c) The alien is, by his nationality, subject to the visa requirement to cross the external borders in application of a common visa arrangement, of an international nature, in which Spain is a party.

6. The departure of the national territory may be credited by certificate issued by an official of the border post, including the identity of the foreigner, his passport number, the means of transport and the date on which he left the country. national territory.

7. If the foreigner makes an application for international protection, the execution of the expulsion order shall be suspended until it has been admitted to processing or resolved, in accordance with the provisions of international protection regulations.

Also, the execution of expulsion in the cases of pregnant women will be suspended when it poses a risk to the pregnancy or to the life or physical integrity of the mother or when it comes to sick persons and the measure may pose a risk to your health.

Article 247. Foreigners prosecuted or charged in proceedings for offences or offences.

In accordance with the provisions of Article 57.7 of the Organic Law 4/2000 of January 11, when the foreigner is prosecuted or charged in a judicial procedure for crime or lack for which the law provides for a penalty (a) the law of the Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Union interested parties and parties, authorise as soon as possible and in any case not more than three days of removal, unless in a reasoned manner the existence of exceptional circumstances justifying their refusal is assessed.

In the event that the foreigner is subject to several criminal proceedings in various courts and these facts are established in the administrative file of expulsion, the governmental authority will urge all the authorisation referred to in the preceding paragraph.

For the purposes of this article, it shall be deemed to be established in the administrative file of expulsion the existence of criminal proceedings against the expedientate, when it is the interested party who is has been documented at any time in the proceedings, or where there has been communication from the judicial authority or the Prosecutor's Office to the competent authority for the instruction or resolution of the sanctioning procedure, in any case form or through any type of requisition.

Article 248. Communications in the eject procedure.

The expulsion order will be communicated to the embassy or consulate of the country abroad and to the Secretary of State for Immigration and Emigration, as well as noted in the Central Register of Foreigners. This communication shall be addressed to the Ministry of Foreign Affairs and Cooperation when it has not been possible to notify the consulate of the country of foreign or non-foreign country.

Section 2. First procedural rules for the imposition of fines

Article 249. Cases of application of the procedure for the imposition of fines.

The procedural rules set out in this section shall apply where the offender, whatever his nationality, carries out any of the conduct classified as serious or very serious as provided for in Articles 53 and 54 of the Organic Law 4/2000 of 11 January, without prejudice to the assumptions in which expulsion may be imposed in accordance with the provisions of this Title.

In the case of a commission of conduct typified as mild it will apply the provisions for the simplified procedure.

In order to determine the amount of the penalty, the financial capacity of the offender shall be taken into account.

Article 250. Content of the initiation agreement of the procedure for the imposition of fines.

The minimum content of the initiation agreement of the procedure for the imposition of penalty of fine shall be in accordance with the provisions of Article 227.

Other procedural procedures, except as provided for in the following Articles, shall be those laid down for the ordinary procedure contained in Section 1 of Chapter II of this Title.

Article 251. Precautionary measures in the procedure for the imposition of fines.

1. In the same terms as those laid down in Article 221 of this Regulation, the apprehension of the goods, effects or instruments which have been used for the commission of the infringement provided for in Article 54.1.b of the Law may be carried out. Organic 4/2000, dated January 11.

2. Where a criminal case is followed for one of the offences referred to in Article 54 (2) (b) and (c) of the Organic Law 4/2000 of 11 January, and the carriers infringe the obligation to take charge of the illegally transported alien, the gubernative authority may agree on any of the following measures:

(a) Temporary suspension of its activities, which may not exceed a period of six months.

b) Bail or endorsements, in consideration of the number of affected and the injury caused.

(c) Mobilization of the means of transport used up to compliance with this obligation.

Article 252. Resolution of the procedure for the imposition of fines. Effects and enforceability.

1. The decision terminating the proceedings shall be reasoned, with an indication of the remedies which may be brought against it, the body before which it is to be lodged and the time limit for its submission, and shall comply with the provisions of the Article 222.

2. If the decision was taken in application of the infringement provided for in Article 54 (1) (b) of the Organic Law 4/2000 of 11 January, and the seizure of goods, effects or instruments which had been used for the purposes of the of the said infringement, the offence shall entail the confiscation of such goods or effects unless it has been established that the goods belong to a third party in good faith not responsible for the offence which they have legally acquired.

The goods, effects and instruments definitively seized by resolution shall be awarded to the State in the terms laid down by Law 33/2003 of 3 November of the Heritage of Public Administrations.

3. If the decision is taken in application of the infringement provided for in Article 54 (1) (d) of the Organic Law 4/2000 of 11 January, and without prejudice to the penalty of an agreed fine, it may contain a statement of reasons for the closure of the establishment or local from six months to five years.

4. The administrative decisions imposing fines imposed pursuant to the Organic Law 4/2000 of 11 January 2000 shall be immediately enforceable once they have become final on an administrative basis, unless the competent body has agree to suspend it.

5. The fines shall be made effective for the collection bodies of the managing authority, either directly or through deposit institutions, within 15 working days following the date of their determination on an administrative basis.

Due to the time limit of entry set out in the previous paragraph without the fine being satisfied, the levy will be carried out by the award procedure. For this purpose, the certificate of discovery issued by the competent authority of the management administration shall be enforceable.

The organs and procedures of the executive collection shall be those laid down in the General Rules of Collection and other implementing rules.

The acts of management collected on the basis of a prize given by the organs of the General Administration of the State in respect of the fines imposed in application of the Organic Law 4/2000, of January 11, will be impugable on the road economic-administrative.

CHAPTER IV

Violations and sanctions in the social order and labor surveillance

Article 253. Labour surveillance.

The inspection in the field of foreign work will be carried out through the Inspection of Work and Social Security in the development of the functions and competences that it has attributed in its specific regulations according to the provided for in Law 42/1997 of 14 November, authorising officer of the Labour and Social Security Inspectorate, and its implementing rules.

In those Autonomous Communities to which the executive competence has been transferred to them, without prejudice to the unity of the system and to the agreements which may be reached between the General Administration of the The State and the Community, the planning and organization of the inspection tasks referred to in this Article shall correspond to the autonomic administration in those cases where the competence in question has also been transferred to the (a) the subject of initial authorisations of self-employment or of foreign nationals; employment relationship is developed in the area of the Autonomous Community.

Article 254. Violations and sanctions in the social order.

1. The minor offences referred to in Articles 52.c, d) and e); serious infringements of Article 53.1.b), in the case of self-employed persons, and 53.2.a); and very serious of Article 54 (1) (d) and (f) of the Organic Law 4/2000 of 11 January shall be sanctioned in accordance with the procedure for the imposition of sanctions for violations of social order, and for the provisions of this article.

2. Penalties for infringements referred to in the preceding paragraph may be imposed in the minimum, medium and maximum grades, taking into account the criteria set out below and applying the principle of proportionality.

3. In the form and in accordance with the rates laid down in the Organic Law 4/2000 of 11 January, the penalties shall be graded in the light of the degree of guilt of the offender, the damage caused or the risk arising from the violation and the transcendence of it.

In addition, consideration will be given, in the event of the imposition of the fine penalty and for the determination of its value, the economic capacity of the infringer.

4. Infringements shall be punished:

(a) The slight, in its minimum degree, with a fine of 50 to 100 euros; in its middle grade, from 101 to 250 euros; and to its maximum degree, from 251a 500 euros.

(b) The serious, to its minimum degree, with a fine of 501 to 2,000 euros; in its middle grade, from 2,001 to 5,000 euros; and to its maximum degree, from 5,001 to 10. 000 EUR.

(c) The very serious, to its minimum degree, with a fine of 10,001 to 20,000 euros; in its average grade, from 20,001 to 50,000 euros; and to its maximum degree of 50,001 up to 100,000 euros.

5. The organisation of the processing of the sanctioning files shall be carried out by the Head of the Labour and Social Security Inspectorate responsible for the territory or, in the case of Autonomous Communities, which has been transferred to the competence in the field of inspection, to the competent body in accordance with the autonomic rules of application.

The initiation, the content of the minutes, the notification and the allegations will be in accordance with the provisions of the General Rules on Procedures for the imposition of Sanctions for Infringements Of Social Order and for the The Court of Justice held that the Court of Justice held that the Court of Justice

that the Court of Justice

In the cases of infringement provided for in Article 53.1. (b), in the case of selfemployed persons, and of Article 54 (1) (d) and (f), where the offender is a foreigner, of the Organic Law 4/2000 of 11 January, in the act of infringement, it shall be expressly stated that under Article 57.1 of the said Organic Law, the body competent to resolve may apply the expulsion of Spanish territory instead of the penalty of fine.

6. The acts of foreign infringement shall be reported by the Head of the Inspection of Labour and Social Security, or, where appropriate, by the competent autonomic bodies, to the responsible person or subjects. The minutes shall state that claims against them may be made within a period of 15 days.

7. If no written submissions are made, the processing of the procedure shall continue until the decision is taken.

8. If allegations are made, the Head of the Labour and Social Security Inspectorate, or, where appropriate, the autonomic body, may request, in the light of these observations, the extension of the report to the inspector or sub-inspector who performed the minutes. That report shall be issued within 15 days. The said report shall be required if the allegations are made or circumstances other than those recorded in the report, the fact that the factual account is insufficient or the cause of the case is insufficient.

9. Having instructed the file, the Head of the Labour and Social Security Inspectorate, or, where appropriate, the competent regional body, shall raise it with the proposal for a resolution to the Government Delegate or Subdelegation, or if appropriate to the competent regional body. to resolve, in accordance with the provisions of Article 55.2 of the Organic Law 4/2000, of January 11.

In the motion for a resolution, the proven facts, their legal status and the amount of the sanction proposed to be imposed and, in the event of the infringement, including the sanction, will be determined in a reasoned manner. Article 55.6 of the Organic Law 4/2000, of 11 January, will also make a proposal for a resolution on that.

10. The body responsible for resolving, prior to the proceedings it deems necessary, the decision shall be taken within 10 days of the completion of the processing of the file in accordance with the provisions of the sanctions resolutions. by the regulatory regulation of the procedure for the imposition of sanctions for social order infringements, and for the settlement of Social Security quotas, approved by Royal Decree 928/1998 of 14 May.

In the event that the competent body to resolve decides to apply the sanction of expulsion from the Spanish territory instead of the penalty of fine, it will dictate resolution of expulsion with the requirements and effects established in the Article 242.

11. The penalty decisions issued by the Government's Subdelegates or Government Delegates in the Autonomous Communities of the Autonomous Communities, or, where appropriate, by the competent regional authority, in relation to these types of infringements shall be subject to the common system of resources provided for in this Regulation.

12. As not provided for in the special procedure, which is governed by Royal Decree 928/1998 of 14 May 1998, it shall govern the common procedure in accordance with the provisions of the seventh additional provision of Law No 30/1992 of 26 November 1992.

CHAPTER V

Violations, Sanctions and Obligation of Their Interorganic Communication

Article 255. Other violations and penalties.

Foreigners who fail to perform duties, obligations and charges imposed by the general legal system will be punished according to the legislation specifically applicable in each case.

Article 256. Interorgan communication of violations.

1. The Directorate-General for Immigration and the Inspection of Labour and Social Security, or, where appropriate, the autonomous body with competence in the field, shall give the Office of Foreign Affairs and the relevant police services of the cases in question. of infringements relating to the entry and stay of foreigners in Spain who have knowledge in the exercise of their powers.

2. Also, the Office of Foreign Affairs and the police services shall communicate to the Directorate General of Immigration and the Inspection of Labour and Social Security, or in its case the autonomous body with competence on the matter, the facts that are aware of and may constitute labour offences against the provisions of this Regulation.

When the expulsion has been legally authorized, the Foreign Offices and the police services will immediately communicate the departure within the time limit of voluntary compliance, the practice of expulsion or the reasons which, if necessary, make it impossible for the judicial authority which has authorised it and the Prosecutor's Office to carry it out.

3. When the Prosecutor's Office is aware that a foreigner is charged in a less serious criminal procedure and may be in any of the causes of expulsion provided for in the Organic Law 4/2000, of 11 January, without having been The Commission shall inform the delegation or sub-delegation of the competent government of the matter whether or not to initiate the expulsion file. For the same purposes, the Prosecutor's Office shall communicate to the governmental authority the convictions imposed on foreigners for criminal offences punishable by a custodial sentence of more than one year.

4. The directors of the penitentiary establishments shall notify the Office of Foreign Affairs and the provincial police station of their demarcation, three months in advance, the release of foreign nationals who have been The Court of Justice of the European Court of Justice has ruled that, by virtue of a judicial sentence for a crime, the effect of the expulsion in accordance with the provisions of the Organic Law 4/2000 of 11 January. For these purposes, the personal files of the sentenced aliens shall be recorded if they have been brought to the court for expulsion, as well as the state of processing in which they are held.

5. The Central Register of Penados shall communicate, on its own initiative or at the request of the Office of Foreign Affairs or the Police Commissioner concerned, the criminal records of foreign nationals who have been convicted of a criminal offence. more than one year in prison, for the purposes of the opening of the relevant expulsion file, to the end of which it shall transmit a certificate of those files.

Article 257. Communications of the judicial bodies to the Delegation or Subdelegation of the Government in relation to foreigners.

1. In accordance with the provisions of the Additional 17th of the Organic Law 19/2003 of 23 December, amending the Organic Law 6/1985 of 1 July of the Judicial Branch, the judicial organs shall communicate to the Delegation or Sub-delegation of the competent government to the finalisation of the legal proceedings in which the commission of administrative offences against the rules on aliens is present, for the purpose of resuming, starting or filing, if appropriate, according to the cases, the administrative procedure sanctioning. Similarly, they shall communicate those convictions imposed on foreigners for criminal offences punishable by a custodial sentence of more than one year for the purposes of the opening of the relevant sanctioning file.

2. They shall also communicate the judgments in which they agree to replace the custodial sentences imposed or the security measures applicable to foreigners who are not legally resident in Spain for their expulsion from the territory of Spain. national. In such cases, the judgment in which the substitution is agreed shall provide for the execution of the custodial sentence or measure of security originally imposed until the governmental authority proceeds to materialize the expulsion. For this purpose, the governmental authority shall make the expulsion effective as soon as possible and, in any event, within the following 30 days, unless justified by reason of its failure, which shall be communicated to the judicial authority.

CHAPTER VI

Entry into foreign detention centers

Article 258. Admission to foreign detention centers.

1. The judge of the place where the foreigner was detained, at the request of the instructor of the procedure, of the person responsible for the foreign unit of the National Police Corps before which the detainee or the authority is present gubernativa which has agreed to such detention within 72 hours of that detention may authorise its entry into detention centres for foreigners, in the cases referred to in paragraph 2 below.

2. The detention of a foreigner may only be agreed upon when the cases referred to in Articles 15.3, 23.4, 235.5 and 246.3 of this Regulation are met.

3. The provisions of the foregoing paragraphs shall be without prejudice to the provisions of Article 89.6 of the Organic Law 10/1995 of 23 November of the Criminal Code.

4. The entry of a foreigner into an internment centre may not be extended for longer than is necessary for the practice of expulsion, return or return, and the governmental authority must undertake the necessary steps to obtaining the necessary documentation as soon as possible.

5. The opening of the file, the adoption of the precautionary measure of detention and detention, and the resolution of the procedure shall be communicated to the embassy or consulate of the country of origin of the foreigner. This communication shall be addressed to the Ministry of Foreign Affairs and Cooperation when it has not been possible to notify the consulate or the consulate in Spain. If so requested by the foreigner, the detention of his or her family members shall be communicated to the person to whom he has attributed his legal defense, the non-governmental organization indicated by the foreigner or other persons resident in Spain.

6. The foreign national, during his detention, shall at all times be at the disposal of the court which authorized him, and the governmental authority must communicate to him any circumstances in relation to the situation of the person who may be determine the variation of the court decision relating to their detention.

7. Foreign minors may not be admitted to such centres, and must be made available to the competent Child Protection Services, unless authorised by the Judge of the First Instance, after a favourable report by the Ministry Prosecutor, and your parents or guardians are admitted to the same center, express their desire to stay together and there are modules that guarantee the unity and family intimacy.

8. The internment of foreign nationals, with special consideration of their rights and obligations, and in full consistency with the provisions of the judicial measure determining their income, shall be developed in accordance with the provisions of the Rules of Procedure. provided for in the third additional provision of Organic Law 2/2009 of 11 December 2009.

TITLE XV

Immigration offices and migration centers

CHAPTER I

Foreign Offices

Article 259. Creation.

1. Foreign Offices are the units that make up the different services of the General Administration of the State responsible for foreign and immigration in the provincial field, in order to guarantee the effectiveness and coordination in the administrative action.

2. The Secretary of State for Immigration and Emigration will promote the creation, suppression and modification of Foreign Offices, based on the special incidence of immigration in the province and after consulting the Ministries of the Interior and Territorial Policy and Public Administration.

On the basis of this impulse, the creation, deletion or modification of the Office of Foreign Office will be carried out by Order of the holder of the Ministry of the Presidency dictated by the proposal of the holders of the Ministries of the Interior, Territorial Policy and Public Administration and Labor and Immigration.

3. Foreign Offices shall be located in the capital of the provinces in which they are established.

For reasons related to the geographical, administrative, economic and population configuration of a province, the Ministry of Territorial Policy and Public Administration, with the agreement of the Secretaries of State of Immigration and Immigration and Security may exceptionally determine the location of a Foreign Office in a population other than the capital of the province in which it is established.

4. The Office of Foreign Office may have delegated offices located in the districts of the capital and in the municipalities of the province to facilitate the administrative efforts of the interested parties. Those delegated offices shall be established by a decision of the holder of the Delegation or Subdelegation of the Government to which the Office of Foreign Affairs is attached.

The holders of the Security and Immigration and Immigration Secretaries may issue Joint Instructions to coordinate police units with the relevant Foreign Offices.

Article 260. Dependency.

1. The Foreign Offices will depend organically on the corresponding Delegation or Subdelegation of the Government, they will be in the functional areas of Work and Immigration, and will depend functionally from the Ministry of Labor and Immigration, to through the Secretary of State for Immigration and Emigration, and the Ministry of the Interior, both within their respective competences.

2. The Office of Foreign Affairs shall be governed by the provisions of this Regulation, as well as its rules of establishment and operation.

Article 261. Functions.

The Office of Foreign Affairs shall, at the provincial level, carry out the following tasks, provided for in the legislation in force on foreign nationals and the Community regime:

1. The receipt of the entry declaration. The processing of extensions of stay, of the Foreign Identity Card, residence permits, work authorizations and exceptions to the obligation to obtain work authorization, return authorizations, as well as the issue and delivery of those.

2. The receipt of the application for registration and travel title for the departure of Spain, as well as its expedition and delivery.

3. The processing of penalties for infringements of the rules on aliens and on Community rules. However, the returns, and the sanctioning files leading to the expulsion of the foreign offender, or to his detention and entry into a Foreign Interment Center, shall be executed by the Brigades and Units of Foreign Documentation of the Police Commissaries.

4. The processing of the administrative resources that come.

5. The elevation to the competent bodies and authorities of the appropriate motions for resolutions concerning the dossiers referred to in the preceding paragraphs.

6. The assignment and communication of the foreign identity number, by the police services of the offices themselves.

7. The information, receipt and processing of the application for international protection and requests for stateless status.

8. The collection and compilation of statistical information of an administrative and demographic nature on the foreign population and on the province of the province.

9. The control of the maintenance of the conditions that determined the granting of the authorization.

Article 262. Functional organization of the Foreign Offices.

1. The Head of the Office of Foreign Office shall establish the criteria for carrying out the duties referred to in the previous Article, which shall be exercised under the management, through the respective Director of the Functional Area or Head of the Provincial Dependence (a) Work and Immigration, of the relevant Government Delegates and Subdelegates, and without prejudice to the powers of other bodies in the case of case-resolution.

2. The delegated offices shall cooperate in the development of the functions of the relevant Foreign Office, in particular those relating to the citizen's attention, receipt of requests and letters, notification and delivery of decisions and documents, and may exercise the powers delegated to them.

3. Without prejudice to the competence assigned to the Head of the Office of Foreign Affairs in paragraph 1 of this Article, it shall be for police services attached to it:

(a) The assignment and communication of the foreign identity number and the issuance of resident and non-resident certificates.

b) The issue and delivery of the documentation corresponding to the regulations on international protection and the status of stateless persons.

(c) The issue and delivery of the travel title or similar document for the departure of Spain, as well as the Foreign Identity Card and the provisional identification documents.

(d) The issue of visa labels on which short-term stays are to be carried out.

e) The materialization of the cancellation or withdrawal of short stay visas.

f) The processing of return authorizations.

g) The recording in the Central Foreign Register of changes and changes in the situation of foreigners provided for in Article 214 of this Regulation.

Article 263. Staff.

1. The different services responsible for processing the files on foreign nationals will be integrated into the Office of Foreign Affairs, which will act as a single management centre, under the direction of the respective Director of the functional area or Head of the provincial Department of Labor and Immigration.

2. Staff from the services referred to in paragraph 1 which is not organically integrated in the Government Delegations, in accordance with the provisions of Law 6/1997 of 14 April of the Organization and the Functioning of the The General Administration of the State, and its implementing rules, shall be integrated into the Government Delegation or Deputy Government Subdelegation.

3. The Office of Foreign Office shall have a list of posts and, where appropriate, a catalogue of the labour force for the integration of staff from the services referred to in paragraph 1 and their corresponding jobs.

4. The Office of Foreign Affairs will have the staff of the Directorate General of the Police and the Civil Guard to carry out the duties assigned to them in the field of foreign affairs.

5. The Head of the Office of Foreign Affairs shall be appointed and terminated by the Government Delegate, prior to the favourable report of the Secretary of State for Immigration and Emigration, whether the post is provisionally or definitively provided.

Your appointment shall be made by the free designation system between career officials of Subgroup A1 or Subgroup A2 of the General Administration of the State, within the limits laid down in the General Rules of Procedure. the entry of staff to the Service of the General Administration of the State and the provision of jobs and professional promotion of civil servants of the General Administration of the State, approved by Royal Decree 364/1995, of 10 of March.

CHAPTER II

Migration centers

Article 264. The public network of migration centers.

1. For the purposes of social integration entrusted to it, the Ministry of Labour and Immigration will have a public network of migration centres, which will carry out tasks of information, attention, reception, social intervention, training, detection of human trafficking situations and, where appropriate, referral to the foreign population. They will also be able to develop or promote awareness-raising actions related to immigration.

2. In particular, the network of migration centres may develop specific programmes aimed at foreigners who have the status of asylum seekers or stateless persons, refugees, stateless persons, beneficiaries of the protection provided Article 37 (b) of Law 12/2009 of 30 October on immigrants arriving in Spain in accordance with the rules governing collective management of hiring at source, as well as foreigners who are in a situation of vulnerability or risk of social exclusion. It will be up to the Directorate-General for Integration of Immigrants to determine the programmes to be developed by the migration centres, as well as their recipients.

3. The network of migration centres will be made up of the reception centres for refugees covered by the Ministerial Order of 13 January 1989, the temporary residence centres for immigrants in Ceuta and Melilla, as well as, where appropriate, by the centres. new creation. The centres integrated into the network of migration centres will be governed by a common statute, without prejudice to the possibility for the various centres to develop programmes for certain groups, in accordance with the provisions of the Previous section.

Article 265. Legal status of migration centres.

By Order of the President of the Ministry of the Presidency, on a joint proposal of the ministers of the Ministries of Territorial Policy and Public Administration and of Labor and Immigration, urged by the head of the Secretariat State of Immigration and Emigration, may be:

a) Agreed to the establishment of new migration centres, the extension of existing migration centres or their closure.

b) Approve the statutes and rules of internal operation of migration centers.

c) Determine the benefits to be provided in them, as well as the legal status to which they are subject.

Article 266. Income in migration centers.

1. The rules of internal operation of the centres shall determine the requirements and the procedure to be followed for the entry of a foreigner into a migration centre.

2. Where a foreigner is not entitled to a stay in Spain, the entry into a migration centre shall be accompanied by the issue of a personal and non-transferable flyer authorising him to remain in the centre, where he or she The photograph of the foreigner shall be recorded as his or her filiation, nationality, foreign identity number, if assigned, as well as the expiry date of the time in which he will live in the centre.

3. This authorisation to remain is without prejudice to any subsequent decisions which the competent authorities take in relation to the administrative situation of the foreigner in Spain.

Additional disposition first. Allocation of powers in the field of reports, resolutions and sanctions

1. Where the powers in matters of reports, resolutions and sanctions are not expressly attributed to a particular body in this Regulation, they shall be exercised by the Government's Delegates in the Autonomous Communities and by the Deputy Government delegates in the provinces.

Without prejudice to the foregoing, the competence for admission to proceedings of proceedings initiated abroad shall be the responsibility of the Spanish diplomatic mission or consular post abroad to which the a corresponding application in accordance with the provisions of this Regulation, however, the jurisdiction to rule on the merits of the proceedings is attributed to another administrative body.

2. In the case of cases in which a work activity is to be carried out in different provinces, the competence for the granting of the authorisations to reside and work shall be the responsibility of the competent authority in accordance with paragraph 1. prior to the province in which the work activity is to be initiated.

3. However, it is for the holder of the Directorate-General for Immigration to deal with and resolve the authorisations of temporary residence and employment, in accordance with the provisions of Article 67 of the Treaty. This Regulation, where applications are submitted by undertakings which, having different work centres in different provinces, have a staff of more than 500 employees.

Likewise, the holder of the Directorate-General for Immigration shall be the competent authority to decide on the authorizations of temporary residence and work for an employed person of a fixed duration in the cases provided for in the article 98.2.a) and b) where the number of jobs offered as a whole exceeds a figure to be determined by the Order of the Minister of Labour and Immigration.

In addition, the holder of the Directorate of Immigration shall be the competent authority to authorize the processing of temporary residence permits and work for an employed person of a specified duration in the cases provided for in the article 98.2.a) and b), when the job offer is framed within a development cooperation project financed by public funds.

In the cases provided for in this paragraph, applications shall be submitted by the employer, personally or through whom the business representation is validly exercised, before the registration of the body competent for its processing or before the Office of Foreign Office corresponding to the province where the work activity is to be carried out. Where appropriate, the Office of Foreign Affairs shall immediately forward the request to the Directorate-General for Immigration, for processing and resolution.

In these cases, the Directorate-General for Immigration will decide on the granting of the authorizations heard by the Tripartite Immigration Commission. In the authorisations linked to development cooperation projects, the favourable report of the Tripartite Immigration Commission will replace the assessment of whether the national employment situation allows for recruitment.

4. When circumstances of an economic, social or labor nature, they advise and in non-regulated cases of special relevance, at the proposal of the holder of the Secretary of State for Immigration and Emigration, prior to the report of the holder of the Secretariat The Council of Ministers may issue, after information and consultation with the Commission, the State of Security and, as the case may be, the holders of the Subsecretariats of Foreign Affairs and Cooperation and of Territorial Policy and Public Administration. Tripartite Employment of Immigration, instructions to determine the granting of authorizations temporary residence and/or work, which may be linked temporarily, by occupation or territorially in terms of those terms, or of residence permits. The instructions shall establish the form, requirements and time limits for the granting of such authorisations. In addition, the holder of the Secretary of State for Immigration and Emigration, prior to the report of the head of the Secretariat of State of Security, may grant individual authorizations of temporary residence when circumstances are present. exceptional cases not provided for in this Regulation.

5. In the exercise of the coordination powers conferred on it, the holder of the Secretariat of State for Immigration and Emigration may propose to the Council of Ministers the approval of the instructions to which the action is to be adjusted. of the various ministerial departments as soon as they exercise functions related to the areas of immigration and immigration.

Additional provision second. Rules applicable to procedures

1. As far as the procedures for this Regulation are concerned, the provisions of Law No 30/1992 of 26 November 1992 and its implementing legislation, particularly as regards the need to state reasons for rejecting decisions, will be taken into account. of the authorizations.

2. In accordance with the provisions laid down in the additional provisions of Law No 30/1992 of 26 November 1992, the visa procedure shall be governed by the specific rules laid down in Article 27 of the Organic Law 4/2000 of 11 January 2000. developed in this Regulation, in the rules of the European Union and in the other provisions that are dictated in compliance with the international commitments assumed by Spain, and will be applied in an additional way to Law 30/1992, of November 26.

Additional provision third. Places of submission of applications

1. In accordance with the additional provision of the Organic Law 4/2000 of 11 January, when the entitled subject is in Spanish territory, applications relating to the initial residence and work authorizations must be be presented, in person or electronically by the person concerned, to the records of the competent bodies for processing.

2. Where the entitled subject is in foreign territory, the lodging of visa applications and their collection shall be made in the case of the diplomatic mission or consular post in whose demarcation it resides, with the exception of the provisions of the Additional provision of the Organic Law 4/2000 of 11 January 2000 in the visa application procedures described in this Regulation.

Without prejudice to the foregoing, the Ministry of Foreign Affairs and Cooperation, if justified, may determine another diplomatic mission or consular post in which the request for a request is submitted. visa.

3. Applications for the modification, extension or renewal of residence and work authorisations may be submitted in any other register in accordance with Article 38.4 of Law No 30/1992 of 26 November 1992, or in accordance with the provisions of this Article. established in Law 11/2007, of 22 June, on the electronic access of citizens to public services.

Additional provision fourth. Practice of notification by electronic means.

1. For the notification of decisions and communication in relation to the procedures provided for in this Regulation, an electronic notification system shall be provided, which shall be the notification by electronic appearance at the headquarters, in the form regulated in Law 11/2007, of 22 June of electronic access of citizens to public services and in Royal Decree 1671/2009, of 6 November, without prejudice to the fact that by the competent bodies another system of electronic notification in accordance with the provisions of Article 35.2 (d) of the Royal Referred to Decree.

2. In order for the notification to be carried out by means of the electronic system of appearance at the premises, the person concerned shall be required to have indicated that medium as a preferential or has consented to its use. However, pursuant to Article 27 (6) of Law 11/2007 of 22 June 2009 and Article 36.4 of Royal Decree 1671/2009 of 6 November 2009, the admission of the notification by electronic appearance at the headquarters will be compulsory for all applicants legal persons and for those groups of natural persons who, by reason of their economic or technical capacity, professional dedication or other accredited reasons are guaranteed access and availability of the precise technological means.

3. The electronic notification system shall provide proof of the date and time of the making available to the person concerned of the act which is the subject of notification and of the access to its content, at the time of which the notification is understand all legal effects.

4. Where the person concerned has been made aware of the provision of the act which is the subject of notification, ten calendar days shall elapse without the content being accessed. The notification shall be deemed to have been rejected unless he or she ex officio Recipient's instance is checked for technical impossibility or access material. The refusal shall be entered in the file, specifying the circumstances of the attempt to notify, and the procedure shall be carried out, the procedure being continued, or the time limit for bringing the action, where appropriate, shall be initiated, in accordance with the provisions of Article 59.4 of Law 30/1992 of 26 November 1992.

5. It shall produce the effects of the notification by electronic access by the persons concerned to the content of the relevant administrative actions, provided that such access is recorded.

6. The bodies of the General Administration of the State responsible for processing the procedures covered by this Regulation shall be obliged to use the system of notification by electronic appearance at the headquarters once that the appropriate technical adaptations are made in the Foreign Information Application (IT).

The Autonomous Communities with executive powers in the field of work authorisations may replace the notification by electronic appearance at the seat of the relevant organ of the General Administration of the State of notifications through other means of practicing the notification in the framework of the provisions of article 28 of Law 11/2007, of June 22, for those citizens who opt for the same.

Additional provision fifth. The Edictal Board of Foreign Resolutions.

1. Where the notification of decisions in the procedures laid down in this Regulation has not been possible, the notification shall be made by means of notice on the Edictal Board of Foreign Resolutions. After the period of twenty calendar days after the notification has been published in the Edictal Board of Foreign Resolutions, it shall be understood that this has been practiced, and the process has been completed and continued with the procedure, or, where appropriate, the time limit for bringing the action to be brought.

2. The practice of notification in the Edictal Board of Foreign Resolutions shall be carried out on the terms to be determined by the Order of the holder of the Ministry of Labour and Immigration.

3. The operation, management and publication in the Edictal Board of Foreign Resolutions will be made with full submission to the provisions of the Organic Law 15/1999, of December 13, of protection of personal data, and according to the requirements required by Law 11/2007, of 22 June, of electronic access of citizens to Public Services.

4. Where the Autonomous Communities have been given powers in the field of notification of decisions, they may make the publication of decisions whose notification corresponds to them through their own Edictal Boards.

The General Administration of the State will encourage the establishment of collaboration formulas so that the various existing boards will interoperate, allowing the citizen, through a single access, knowledge and communication of any notifications that exist.

Additional provision sixth. Computer application for procedural processing.

1. Once the common application of foreign nationals has been implemented in compliance with the provisions laid down in the fifth additional provision of the Organic Law 4/2000 of 11 January, the references made in this Regulation to the recording of administrative actions in the relevant IT application, they shall be construed as references to that application where the act is an organ of the General Administration of the State competent for foreign affairs.

Likewise, the information on exchanges of information between organs of the General Administration of the State for the processing of the different phases of the procedures in the field of immigration and immigration will be understood made to changes in the administrative body responsible for the continuation of the processing of the procedure and, consequently, to determine changes in its electronic state.

The common IT application shall ensure that the administrative bodies competent at the various stages of the procedure are aware in real time of the start of any stage on which they are responsible, where it derives from the prior action of another body.

2. Where the competent diplomatic mission or consular post does not, by reason of its geographical location, have the technical means necessary for the connection in real time to the common computer application, information shall be carried out between such organs and the application, on a daily basis.

3. The administration of the common foreign application will depend on the Ministry of Labor and Immigration. Its implementation will be carried out in coordination and collaboration with the Ministry of Territorial Policy and Public Administration.

The competent bodies of the General Administration of the State shall carry out the actions aimed at the adequate provision of human, economic and material resources for the tasks to be implemented, developed and maintenance. To this end, the budget items deemed necessary shall be established.

By Agreement between the Secretary of State for Immigration and Immigration and the Undersecretary for Territorial Policy and Public Administration, which must be signed within six months of the entry into force of this Regulation, the date of implementation of the common IT application shall be fixed.

Additional provision seventh. IT management in procedures with the intervention of the Autonomous Communities.

For the purpose of ensuring the necessary coordination of the competent bodies of the General Administration of the State with those of the Autonomous Communities, the electronic management of the initial authorization procedures self-employment or foreign employment, will be carried out by these administrations through computer applications that respond to formats and standards that will be determined in accordance with the provisions of Royal Decree 4/2010, of 8 of January, which regulates the National Interoperability Scheme in the field of the Electronic administration, as well as security conditions in accordance with the provisions of Royal Decree 3/2010 of 8 January, which regulates the National Security Scheme in the field of electronic administration.

For such purposes, electronic procedure management should allow:

(a) The real-time update of the database of the General Administration of the State at each stage of processing of files involving the introduction and modification of data and reports by each administration competent.

(b) The access and consultation of the competent authorities, including diplomatic missions or consular offices, of the processing status of the files.

According to their organizational needs and in accordance with the existing legislation on the protection of personal data, the competent authorities may establish different levels of access for the consultation of the data and reports collected in the electronic processing of the procedures.

(c) Intercommunication and exchange of data and reports between competent administrations where they are necessary for the processing and resolution of the initial authorisation files for self-employment or

The conditions and guarantees of communications and the exchange of data and reports between the General Administration of the State and the Autonomous Communities shall be established in a collaboration agreement.

d) To obtain updated data for the fulfillment of the functions of permanent observation of the magnitudes and most significant characteristics of the immigrant phenomenon, to analyze its impact on the Spanish society and to provide objective and contrasting information, in accordance with the provisions of Article 67 of the Organic Law 4/2000 of 11 January 2000 on the rights and freedoms of foreigners in Spain and their social integration, and Royal Decree 345/2001 of 4 April, for which the Permanent Observatory of Immigration is regulated.

e) Electronic notification to citizens who have so requested or expressly consented to, in the terms provided for in this Regulation, with the exception provided for in Article 27.6 of Law 11/2007, of 22 June, as a single access to the various Edictal Aliens Tablets that may affect you.

Additional disposition octave. Legitimisation and representation

1. In accordance with the additional provision of the Organic Law 4/2000 of 11 January 2000, when the entitled subject is in Spanish territory, he will have to submit personally the initial applications for the authorisation of the residence and work or extensions of stay. In those proceedings where the entitled subject is an employer, the initial applications may be submitted by the employer or by whom he validly exercises the business legal representation.

2. When the entitled subject is in foreign territory, the submission of visa applications and their collection shall be carried out in person. Where the person concerned does not reside in the population in which the diplomatic mission or consular post is based, and reasons for the movement, such as the remoteness of the mission or office, transport difficulties making the journey, are established. particularly burdensome or substantiated reasons for sickness or fitness which significantly hamper their mobility, it may be agreed that the application for a visa may be submitted by duly accredited representative.

3. Without prejudice to the provisions of the preceding paragraph, in the case of applications for lodging and the collection of visas for residence, transit and residence for family reunification of minors, both formalities may be carried out by means of a duly accredited representative.

4. In addition, personal appearance in the procedures for collective hiring of workers shall not be required in the cases provided for in an international agreement or agreement; in such a case, the provisions of the agreement or agreement shall be made.

5. The obligation of personal appearance of a natural or legal person or an entity without legal personality shall be deemed to be fulfilled, where applications, written or electronically authenticated documents or documents are submitted, prior to the collation of those which have been provided, using the electronic signature systems incorporated in the National Identity Document or other advanced electronic signature systems admitted by the General Administration of the State of Article 13 (2) (a) and (b) of Law 11/2007 of 22 June 2007 and Article 13 (2) of Law 11/2007 10 of Royal Decree 1671/2009, dated November 16.

The admission of electronic signature systems referred to in Article 13.2.c) of Law 11/2007, of June 22, shall be approved by Order of the holder of the Ministry of Labour and Immigration.

6. Similarly, in accordance with the provisions of Article 23 of Law 11/2007 of 22 June, the obligation of personal appearance shall be deemed to be fulfilled when the electronic submission of documents is carried out in accordance with the provisions laid down by Enabling conventions for third-party representation.

These Conventions will in any case establish the obligation for professionals who are injured to communicate with the General Administration of the State using exclusively electronic means, in accordance with the Article 27 (6) of Law 11/2007, of 22 June.

For the development of the Conventions provided for in this paragraph, the General Administration of the State may establish that the professionals attached to them believe the corresponding electronic records of seizure or representation.

7. Requests for amendment, extension or renewal of residence and work authorisations or for stay for study, student mobility, non-working practices or voluntary services may be submitted in person, without prejudice the existence of formulas for voluntary representation through specific legal acts or grants.

Additional provision ninth. Common rules for the resolution of visas

1. The resolution of visas corresponds to diplomatic missions and consular posts.

2. The resolution of the visa will be in the interest of the State and the implementation of the international commitments made by the Kingdom of Spain in the matter. The visa will be used as an instrument aimed at fulfilling the aims of the foreign policy of the Kingdom of Spain and other Spanish or European Union public policies, in particular immigration policy, economic policy and national security, public health or international relations of Spain.

Additional provision 10th. Procedure in the field of visas

1. The diplomatic mission or consular post receiving the application for a visa shall return a stamped copy of it with an indication of the date and place of receipt or send the acknowledgement of receipt to the registered office for the purposes of notification in the field of the consular demarcation.

2. The consular post and the applicant, in the light of the technical possibilities existing in the territory, may agree, leaving a brief indication of this in the file and in the copy of the application returned as a receipt, the address of which the be in any case within the consular demarcation-and the means to carry out the requirements for the purposes of subhealing or the provision of documents or certificates required, as well as to carry out the summons to appear and the notifications of resolution.

The citations and requirements will be made through the telephone or the contact fax provided by the interested party or his legal representative, and it will be made clear that they will be carried out on the visa file.

If the summons or request made through the call to the contact telephone agreed upon would have been neglected, the citations, requirements or notifications to the address fixed for this effect will be made in writing. application, which must be located within the scope of the same consular demarcation.

Without prejudice to the provisions of the personal appearance and interview of visa applicants, the citations or requirements must be met within a maximum of ten days.

Exhausted all the possibilities of notification that are provided in this additional provision without that one can practice, whatever the cause, the notification will be made by announcement published for ten days in the corresponding board of the consular post, to which the applicant shall be informed when the application for a visa is lodged.

If the requirements or citations are neglected within the time limit, the applicant shall be held for withdrawal, and the resolution declaring the withdrawal shall be notified to the applicant for the same procedure as in the previous paragraph. The decision shall consist of the declaration of the circumstances of each case, with an indication of the facts produced and the applicable rules.

An extract from the procedure provided for in this additional provision will be collected in the application form for the interested party's knowledge.

3. The diplomatic mission or consular post at which the visa application is lodged, if it provides a cause to justify it, in addition to the documentation required, may require the reports necessary to resolve the visa application. request.

4. During the substantiation of the visa procedure, the diplomatic mission or consular post may require the applicant to appear and, where necessary, maintain a personal interview to verify his/her identity, the validity of the documentation provided and the accuracy of the reason for applying for the visa. Failure to appear, unless duly substantiated by the competent authority, within the prescribed period, which may not exceed 15 days, shall have the effect of considering the person concerned to withdraw from the proceedings.

When the conduct of the interview is determined within the procedures covered by Title IV of this Regulation, at least two representatives of the Spanish Administration must be present. the interpreter, if necessary, and must be kept on record by means of an act signed by the present, which shall be copied to the person concerned.

If the representatives of the Administration come to the conviction that the identity of the persons is not credited, the validity of the documents, or the veracity of the reasons alleged to apply for the visa, will be shall refuse to grant. If an interview has been held, a copy of the minutes shall be forwarded to the administrative body which, if appropriate, has initially granted the authorisation.

5. If the applicant, at the time of resolution, does not appear on the list of persons not eligible, the diplomatic mission or consular post shall appraise the documentation and reports incorporated to the effect together with the authorisation or authorisations where appropriate. granted, and will resolve the visa application.

Notified of the granting of the visa, the applicant shall collect it within one month from the notification except in the procedures in which the other time limit is expressly determined by this Regulation. If this is not the case, the person concerned shall be deemed to have waived the visa granted and the file of the procedure shall be produced.

6. The decision rejecting a visa shall be notified to the applicant in such a way as to ensure that the information on its content is provided by the rules which are based on it, the appeal against it, the body before which it is to be lodged and the time limit for interputting it.

7. The refusal of a residence visa for family reunification or residence and work as an employed person, as well as in the case of stay or transit visas, shall be reasoned and shall inform the person concerned of the facts and circumstances. found and, where appropriate, of the evidence received and of the documents and reports, whether mandatory or not, incorporated, which, in accordance with the applicable rules, have led to the decision rejecting it.

8. Without prejudice to the effectiveness of the decision refusing, and irrespective of whether or not the person concerned has brought an action against it, the foreigner who is aware of a prohibition of entry for inclusion in the list of persons who are not eligible may give a written request to the holder of the Secretary of State for Security of the Ministry of the Interior through the consular post if he wishes to exercise his right of access to his data or to request his rectification or deletion of the same in the Schengen information system.

9. Diplomatic missions or consular posts, within a maximum of 15 days of their dispatch, shall communicate to the Directorate-General for Immigration, through the central bodies of the Ministry of Foreign Affairs and Cooperation, the decisions on visas which they have made, except for transit and short stay.

10. The content of this additional provision shall be without prejudice to the provisions of European Union law on airport transit visas, uniform visas or visas with limited territorial validity.

Additional provision eleventh. Health requirements, regulations and conventions

1. This Regulation does not preclude the validity and enforcement of the provisions of international health regulations and agreements, as well as in Articles 38 and 39 and in the eighth final provision of Law 14/1986 of 25 April 1986, General of Health in Royal Decree 1418/1986 of 13 June on the functions of the Ministry of Health, Social Policy and Equality in the field of external health, and the other provisions laid down for its implementation and development.

2. The General Administration of the State, for the purposes of carrying out any health measures and tests, may be derived from the application of this Regulation, and shall, through the ministerial departments in each case, be subscribed to, appropriate conventions with the relevant health services or health institutions.

Additional disposition twelfth. Time limits for resolution of proceedings

1. Without prejudice to the specific time limits laid down for certain procedures, the maximum general time limit for notifying decisions on applications to be made by those involved in the procedures laid down in the This Regulation shall be three months from the day following the date on which they entered the register of the body responsible for processing them. Requests for authorization of residence for family reunification, seasonal work authorization and those made under Articles 185 and 186 of this Regulation, the resolutions of which shall be notified in the middle of the period, are excepted. indicated.

2. In the other visa procedures, the maximum period, and not extendable, for the notification of decisions on applications shall be one month from the day following the date on which the application was lodged in the Member States. form in the consular post competent for processing, except in the case of non-profit-making visas, in which the maximum period shall be three months. In the case of a non-profit residence visa, the application of the relevant residence authorisation by the relevant Government Delegation or Subdelegation shall interrupt the calculation of the time limit until the resolution is communicated.

3. The content of paragraphs 1 and 2 of this additional provision shall be without prejudice to the time limits laid down by European Union law as directly applicable in respect of airport transit visas, uniform visas or visas of limited territorial validity.

4. The formal obligation to inform the visa applicant of the maximum period for the notification of the decision of the procedure, the alleged suspension of the calculation of that period and the effects of the administrative silence shall be understood fulfilled by inserting an information note on such extremes in the application forms.

Additional disposition thirteenth. Administrative silence.

After the deadline for resolving the applications, in accordance with the provisions of the previous provision, these may be deemed to be rejected, in accordance with the provisions of the first provision of the Organic Law 4/2000 of 11 January, and with the exceptions contained in that additional provision.

Additional disposition fourteenth. Resources.

The resolutions dictated by the competent bodies of the Ministries of Foreign Affairs and Cooperation, the Interior, and Labor and Immigration, Government Delegates and Government Subdelegates, under the functional of these last two Ministries, based on the provisions of this Regulation, on the granting or refusal of visas, extended stay or residence and work permits, registration cards, as well as on penalties gubernative and expulsions of foreigners, will put an end to the administrative route, and against these will be able (a) the legal administrative or jurisdictional resources. Decisions on refusal of entry and return are excepted, which do not exhaust the administrative route.

The acts and administrative resolutions adopted shall be used in accordance with the provisions of the laws, and their performance regime shall be the general rule in the legislation in force, except as provided for in the Law. Organic 4/2000, of 11 January, for the processing of expulsion files of a preferential nature.

Additional provision 15th. Coverage of trusted positions.

For the purposes of Article 40.2.a) of the Organic Law 4/2000 of 11 January, it is considered that those workers who carry out only senior management activities on behalf of the company are considered to be trusted positions. that they are engaged, based on mutual trust, and that they legally exercise the representation of the company or have extended to their favour a general power.

Also, highly qualified workers who have essential knowledge for the realisation of investment and are specialists or perform functions related to management, management and management will have the same consideration. administration necessary for the establishment, development or liquidation of the said investment. These workers must have proven experience in carrying out these duties or have carried out similar jobs in the investment firm or in the group of companies in which the latter may be integrated.

Additional provision sixteenth. Contribution to the unemployment contingency.

In the hiring of foreign holders of work authorizations for activities of a given duration and for students will not be listed by the unemployment contingency.

Additional 17th disposition. Police reports.

Police reports on security and public order to be issued in the framework of the procedures regulated in this Regulation will in any case contain all the information in the Security Forces and the Security Corps. of the State attached to the Directorate-General of the Police and the Civil Guard.

Likewise, those issued in respect of the territorial scope of Autonomous Communities that have been transferred to the public security and public order powers will contain the report on the impact of the order public provided by the competent regional authority.

18th additional disposition. Fees for processing procedures.

1. The bodies responsible for dealing with the procedures covered by this Regulation, with the exception of visas, shall, after the application for the procedure has been accepted, carry out the action to be taken for the purposes of that the fees payable in accordance with Article 44.2 of the Organic Law 4/2000 of 11 January have been paid.

2. The voluntary payment period for the payment of such fees shall be, except in the case of visa procedures, for 10 working days, as the case may be:

a) From the time of admission to processing the request.

(b) From the discharge of the foreign worker in the social security system, in the case of residence permits and employment, or of their renewal, in favour of domestic service workers of a partial nature or discontinuous, or renewals of such authorizations in the absence of an employer.

3. Fees for the processing of residence permits, work authorizations or issuance of Foreign Identity Cards shall be self-sufficient.

Additional 19th disposition. Accredited entities to provide training to recognize in the integration effort reports.

The Secretary of State for Immigration and Emigration will encourage the adoption of collaboration and cooperation mechanisms regarding the conditions of technical, material and financial solvency to credit for private entities that develop training activities, in order to be recognised in reports on the effort of foreign integration to be issued by the Autonomous Communities and which may be presented in the procedures relating to the renewal of temporary residence or temporary residence permits and work.

320th additional disposition. Deconcentration of the competition for the closure of posts enabled.

1. The head of the Secretariat of State for Security is dislocated in order to agree, in the cases where the security of the State or the citizens requires, the temporary closure of the border posts authorized for the passage of persons referred to in Article 3 of this Regulation.

2. The holder of the Secretariat of State of Security shall communicate the measures to be taken to the Secretariat of State for Immigration and Emigration, to the departments concerned and, through the Ministry of Foreign Affairs and Cooperation, to those countries and institutions with which Spain is obliged to do so as a result of the international commitments entered into.

Additional disposition twenty-first. Work authorization of foreign applicants for international protection.

International protection applicants will be allowed to work in Spain after six months after the application has been submitted, provided that the application has been accepted and is not resolved. for cause not attributable to the data subject. The authorisation to work shall be accredited by the registration "authorizes to work" in the document of the applicant for international protection and, if applicable, in its successive renewals, and shall be conditional on its validity. If this registration does not apply because the above requirements are not met, the Asylum and Refuge Office shall record this fact in a reasoned decision and notify it to the person concerned.

Additional provision twenty-second. Representatives of business organisations abroad

1. For the purposes of the provisions of Article 39 of the Organic Law 4/2000 of 11 January 2000 and Title VIII of this Regulation, in the corresponding selection processes at the origin of foreign workers, they may participate. representatives of the Spanish business organisations.

To this end, representatives of these organizations may be accredited by the Secretary of State for Immigration and Emigration to the diplomatic missions or consular posts of Spain in the countries they have signed. agreements on the regulation of migratory flows.

2. Without prejudice to the above, the Ministry of Foreign Affairs and Cooperation and the Secretariat of State for Immigration and Emigration will jointly promote the signing of agreements on collaboration with the Autonomous Communities with competence (a) executive authority in the field of work authorisations and which have established services to facilitate the processing of the relevant visas, in order to order the work of the latter in the framework of collective management procedures hiring at source.

Additional provision twenty-third. Facilitation of the entry and residence of family members of a citizen of a Member State of the European Union or of another State party to the Agreement on the European Economic Area, not falling within the scope of Royal Decree 240/2007, 16 February, on entry, free movement and residence in Spain of nationals of the Member States of the European Union and of other States parties to the Agreement on the European Economic Area.

The competent authorities shall provide, in accordance with the provisions of the Organic Law 4/2000 of 11 January, on the rights and freedoms of foreigners in Spain and their social integration, and in this Regulation, the of the residence visa or, where appropriate, an authorisation of residence for exceptional circumstances, to whom it is not included in Article 2 of Royal Decree 240/2007 of 16 February 2007 on entry, free movement and residence in Spain of citizens of the Member States of the European Union and of other States parties to the Agreement on the European Economic Area, accompany or meet with a citizen of the Union, and be in one of the following circumstances:

(a) Be another family member, in direct or collateral line, consanguine or affinity, who, in the country of origin, is in charge or living with the citizen of the European Union or another State party to the Agreement on the European Economic Area, or where for serious reasons of health or disability, it is strictly necessary for such a citizen to take care of their personal care.

(b) Be the partner, citizen of a non-EU Member State or party to the Agreement on the European Economic Area, with which the Union citizen maintains a duly proven stable relationship.

The authorities shall require the presentation of accreditation by the competent authority of the country of origin or provenance, certifying that he is in charge of the Union citizen or living with him in that country, or proof of the existence of serious health or disability reasons that require the Union citizen to take care of the personal care of the family member. Sufficient proof of the existence of a stable relationship with the citizen of the Union shall also be required.

The competent authorities shall carefully consider the personal circumstances in the applications for entry, visa or residence permits submitted and shall justify any refusal of such requests.

Additional disposition twenty-fourth. Legislation on international protection.

The provisions relating to international protection contained in this Regulation shall be interpreted in accordance with the provisions of the Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and its social integration, Law 12/2009 of 30 October, regulating the right of asylum and subsidiary protection, and in the Regulation on the development of the latter.

Twenty-fifth additional disposition. Non-community foreigners employed by the Armed Forces.

The rules governing the development of this Regulation, as well as the actions of the bodies responsible for its implementation, will take into account the specific characteristics of non-Community nationals in connection with the the Armed Forces through a relationship of services of a temporary nature.