JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following organic law.

PREAMBLE

I

The Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration has been reformed three times since its approval; in particular, it has been reformed by the Organic Laws. 8/2000, dated 22 December, 11/2003, 29 September and 14/2003, 20 November.

Of all the reforms that the indicated Organic Law has had, it is worth noting, due to its greater draught, the one that was carried out a few months after its entry into force through the Organic Law 8/2000, of 22 December. Some of the changes introduced by the latter law prompted the presentation of several unconstitutionality remedies against it.

The Constitutional Court has resolved the indicated resources of unconstitutionality, among others, in the sentences 236/2007, of 7 November, and 259/2007, of December 19, recognizing that the requirement that the indicated law In the case of foreign nationals for the exercise of the fundamental rights of assembly, association, union and strike, of having legal residence in Spain, it constituted an unjustified restriction and, therefore, contrary to the Constitution, since According to the same rights they reach all people for the fact of being.

Consequently, the Constitutional Court has declared the unconstitutionality of the articles of Organic Law 4/2000 that regulated the indicated fundamental rights.

II

On the other hand, the number of Community rules affecting the law of foreign affairs of the European States has been growing; thus, there is an increasing number of standards approved in the European Union, in the field of immigration, which must be incorporated into our legal system. In this order of issues, the signing of the European Pact on Immigration and Asylum, endorsed at the European Council of 16 October 2008 by the 27 Member States of the European Union, in which they are set as main objectives, should be highlighted. achieve legal and orderly immigration, fight against illegal immigration and encourage the integration of legal immigrants through a balance of rights and duties.

This law assumes this reality as a positive thing in the belief that a common European regulatory framework on immigration is necessary.

Until now, the directives that have been approved after the last reform of Law 4/2000 of 11 January 2003, which were adopted in December 2003, were pending for incorporation into our legal order. These are the following:

(a) Council Directive 2003 /110/EC of 25 November 2003 on assistance in cases of transit for the purpose of repatriation or removal by air. (DOUE of 6 December 2003).

(b) Directive 2003 /109/EC of the Council of 25 November 2003 on the Statute for long-term resident third-country nationals (DOEU of 23 January 2004).

(c) Directive 2004 /81/EC of the Council of 29 April 2004 on the issue of a residence permit for third-country nationals who are victims of trafficking in human beings or have been the subject of an action by aid for illegal immigration which will cooperate with the competent authorities (DOUE of 6 August 2004).

(d) Directive 2004 /82/EC of the Council of 29 April 2004 on the obligation for carriers to communicate the data of persons transported (DOUE of 6 August 2004).

(e) Directive 2004 /114/EC of 13 December 2004 on the requirements for the admission of third-country nationals for the purposes of studies, exchange of pupils, unpaid practices or services of third countries volunteering (DOUE of 23 December 2004).

(f) Directive 2005 /71/EC of 12 October 2005 on a specific procedure for the admission of third-country nationals for the purposes of scientific research (OJ 2005 L 3, 2005).

(g) Directive 2008 /115/EEC of 16 December 2008 of the European Parliament and of the Council on the rules and procedures in the Member States for the return of third-country nationals in a state of residence illegal (DOUE of 24 December 2008).

(h) Directive 2009 /50/EC of the Council of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment (OJ EU of 18 June 2009).

(i) Directive 2009 /52/EC of the European Parliament and of the Council of 18 June 2009 laying down minimum rules on penalties and measures applicable to employers of third-country nationals in situations irregular (DOUE of 30 June 2009).

In any case, it should be noted that, although our legislation predates the approval of the directives, many of the aspects that are dealt with in these directives are already included in our legal system, or in Law 4/2000, of 11 January, in its current wording, or in the Regulation of the same one that was approved by Royal Decree 2393/2004, of December 30.

The ratification and entry into force in our country of the obligations under the Council of Europe Convention on the fight against trafficking in human beings (Convention No 197 of the European Parliament and of the Council of the European Union) is decisive for this purpose. Council of Europe), made in Warsaw on 16 May 2005.

III

Immigration is a reality that is constantly changing. For this reason, the legislator is obliged to adapt its regulatory regulations, if it wants the regulation to provide effective solutions to the new challenges that arise.

In addition, the phenomenon of migration has acquired such a dimension in Spain and has such repercussions in the economic, social and cultural order that it requires the public authorities to develop a determined action in different areas. fronts, including the rule of law. Therefore, the public authorities must legally order and channel migratory flows in such a way that they conform to our capacity for reception and the real needs of our labour market.

On the other hand, Spain is firmly committed to the defense of human rights, so the public authorities must favor the full integration of immigrants in our country and guarantee coexistence and social cohesion between immigrants and the indigenous population.

IV

Thus, three are the causes that justify the reform proposed in the Organic Law 4/2000, of January 11, in its current wording:

(a) The need to incorporate into law the case law of the Constitutional Court, giving for this a new wording according to the Constitution, to the articles of the Constitution that have been declared unconstitutional.

b) The need to incorporate into our legal system, through the indicated Organic Law, the European directives on immigration that are pending transposition or have not been fully transposed.

c) The need to adapt the aforementioned Organic Law to the new migratory reality in Spain, which presents some characteristics and poses challenges different from those that existed when the last reform of the law was approved.

V

On the other hand, the objectives pursued with this reform are as follows:

1. Establish a framework for the rights and freedoms of foreigners that guarantees all the full exercise of fundamental rights.

2. Improve the system of legal and orderly channelling of labour migration flows, reinforcing the linking of the capacity of migrant workers to meet the needs of the labour market.

3. To increase the effectiveness of the fight against irregular immigration, by strengthening the means and instruments of control and sanctioning, in particular with regard to those who facilitate the access or permanence of illegal immigration in Spain, aggravating the sanctioning regime in this case and, reinforcing the return procedures of foreigners who have illegally accessed our country.

4. Strengthening integration as one of the central axes of immigration policy which, taking into account the European Union's acquis in the field of immigration and international protection, is committed to achieving a framework for the coexistence of identities and cultures.

5. To adapt the rules to the tasks of the work performance provided for in the Statutes of Autonomy which affect the initial authorization of work, and to the statutory powers in the field of reception and integration, as well as to promote the coordination of the actions of the Public Administrations with competences which also have an impact on immigration and strengthen cooperation between them in order to provide a more efficient and better quality service to the citizens.

Since during the last legislative period various reforms have been approved in the Statute of Autonomy of the Autonomous Communities which, for the first time, incorporate competences linked to immigration, it is logical that adapt its regulatory framework to the new competitive distribution. In addition, it seems essential that in this Law the levels of competence in an article be specified, as is the new Article 2a, which generally defines the principles of the policies of the immigration in Spain.

6. Strengthen and institutionalize dialogue with immigrant organizations and other organizations with interest and implementation in the field of migration, including among them the most representative trade union and business organizations, in the definition and development of migration policy.

VI

This Organic Law has a single article, taking into account all the modifications that are introduced in the Organic Law 4/2000, of January 11, both in the articulated and in its additional provisions. In addition, the Act has several final provisions and a single repeal provision.

The Organic Law 4/2000, of 11 January, which is reformed, maintains its articulated structure which is integrated into a preliminary title, Articles 1 to 2, dedicated to the General Provisions, a Title I, Articles 3 to 24, dedicated to the rights and freedoms of foreign nationals, a Title II, Articles 25 to 49, which is devoted to the legal status of foreigners ' situations, a Title III, Articles 50 to 66, dealing with infringements in the field of aliens and their regime sanctioning and Title IV, Articles 67 to 72, dedicated to the coordination of public authorities; has nine additional provisions, three transitional provisions, one repeal and ten endings.

VII

The modifications introduced in the Organic Law 4/2000 of January 11, by means of this Organic Law, affect all the titles of the Law.

It is appropriate to make a general precision that affects different articles on the terms of residence or resident, which in any case should be understood as referring to a situation of stay or legal residence, this is, in accordance with the requirements that are established and which, therefore, enable the permanence of the foreigner in our country in any of the regulated situations. When the reference to the situation of stay or residence is omitted, as is the case for the exercise of fundamental rights, it is precisely because such a situation should not be required.

In the Preliminary Title a new Article 2a is introduced in which the migration policy is defined, the principles and axes of action of the migration policy are established and its competence framework is indicated, and a new article 2b mandates the principles and actions on the integration of immigrants.

In Title I, important changes are made in order to outline what should be the framework for the rights and freedoms of foreigners, together with the corresponding obligations, involving the recognition of fundamental rights to foreigners whatever their situation in Spain, as well as the establishment of a progressive system of access to other rights based on the strengthening of the legal status as the period of legal residence.

Highlights in this Title the new regulation of the rights of assembly and demonstration, association, union and strike that may be exercised in accordance with the Spanish Constitution, in the terms indicated by the Tribunal Constitutional, as well as the new regulation that is made of the rights of education, which is fully recognized up to the eighteen years, as well as the free legal assistance, in whose regulation has been taken into account, in addition to the jurisprudence of the Constitutional Court, the Ombudsman's recommendations. However, it should also be noted that, according to the interpretation of the Constitutional Court, no right is absolute, which means that the State maintains all the capacity to impose limits on the permanence of foreigners when This is not supported by a legal residence.

The new regulation that is given to the right of family reunification also stands out in this Title; the fundamental change that is introduced is that the beneficiaries of the regrouping, in line with what happens in most of the countries of our environment, basically the family members that integrate the nuclear family, the novelty in this case is that, within this category of relatives, the partner that has with the regrouping is included a relation of affectivity This is the case for the European Union, which is the only one to which the European Union is concerned. On the other hand, this reform leads to the regrouping of the ascendants being limited, as a general rule, to those over sixty-five years old, foreseeing that there may be humanitarian reasons that allow it to be lower.

In Title II, important changes are made, most of them a consequence of the transposition of the European Directives, especially those that incorporate new situations of the foreigners, which are aimed at improving the status of long-term residents, which are aimed at increasing the effectiveness of the fight against irregular immigration, highlighting among them the creation of a register to control entries and exits. It is also worth mentioning the new article referring to foreign women victims of gender-based violence, which offers them the possibility of obtaining an authorization due to exceptional circumstances and which seeks to facilitate the denunciation of these facts. The Law also introduces modifications to improve the system of legal and orderly channeling of migratory flows, again being based on an immigration ordered in a legal framework and consolidating immigration policy. links the arrival of new immigrants to the needs of the labour market. In this sense, among other measures, the national situation of employment in the catalogue of difficult-to-cover occupations is regulated with a higher level of concreteness and the initial authorizations for an occupation and territorial scope are limited. Special mention should be made of the changes made in relation to the integration of unaccompanied foreign minors, which lead to better treatment of the situation of the child, and who are going, from the possibility of their repatriation to the country of origin, to guarantee, when this is not the answer, the best conditions to ensure the full integration of the same into the Spanish society, which must be an express objective of all the policies carried out by the different public administrations.

In Title III, with the aim of strengthening the fight against irregular immigration, new infractions are foreseen to prevent fraudulent actions, such as marriages of convenience, the promotion of immigration irregular by indirect means or the distortion of the data for the registration. For the same purpose, the increase in economic sanctions for all infringements is proposed. In addition, certain amendments are introduced in order to give more effectiveness and more guarantees to the suspension and return measures; the extension of the period of detention which would take place at 60 days from the age of 40 is also envisaged. are currently applied, as well as the legal certainty of those affected, by these measures with the granting of a voluntary compliance deadline for the expulsion order.

In Title IV, certain modifications are introduced in order to strengthen the coordination and cooperation of the public administrations in the field of immigration and to institutionalize in this field the participation of the more representative trade union and business organisations.

Among the modifications introduced are the incorporation into the Law of the Sectoral Immigration Conference, as one of the most effective channels for channeling cooperation between the General Administration of the State and the Autonomous Communities, as well as the need for coordinated action by both public administrations, when the Autonomous Community has assumed powers in the field of initial work authorization.

Another important change is that the Law recognizes and institutionalizes the Tripartite Labor Commission as an institutional channel for establishing dialogue with the most representative trade union and business organizations in the field. immigration.

VIII

In coherence with the above, it is considered that this reform of the Organic Law 4/2000, of January 11, will allow a comprehensive, integrated and sustainable migration policy to be developed in Spain, which is what is needed for the next years.

Single item. Amendment of the Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration.

The Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration is worded as follows:

One. Article 1 (3) is worded as follows:

" 3. Nationals of the Member States of the European Union and those to whom the Community scheme applies shall be governed by the rules governing them, with the application of this Law in those aspects which may be more favorable. "

Two. Article 2 (b) is worded as follows:

" (b) Representatives, delegates and other members of the Permanent Missions or delegations to the intergovernmental organizations based in Spain or in international conferences held in Spain, as well as their relatives. "

Three. A new Article 2a is inserted with the following wording:

" Article 2a. Immigration policy.

1. It is up to the Government, in accordance with the provisions of Article 149.1.2. of the Constitution, to define, plan, regulate and develop immigration policy, without prejudice to the powers that may be assumed by the Autonomous Communities and Local Entities.

2. All Public Administrations shall base the exercise of their powers related to immigration in respect of the following principles:

a) coordination with policies defined by the European Union;

b) the management of labour migration flows, in line with the needs of the national employment situation;

c) the social integration of immigrants through cross-cutting policies aimed at all citizens;

d) effective equality between women and men;

e) the effectiveness of the principle of non-discrimination and, consequently, the recognition of equal rights and obligations for all those who live or work legally in Spain, in the terms provided for in the Law;

f) the guarantee of the exercise of the rights that the Constitution, international treaties and laws recognize to all people;

g) the fight against irregular immigration and the pursuit of illicit human trafficking;

h) the pursuit of human trafficking;

i) equal treatment in terms of employment and social security;

j) promoting dialogue and collaboration with countries of origin and transit of immigration, through framework agreements aimed at effectively ordering migratory flows, as well as to encourage and coordinate initiatives for development and co-development cooperation.

3. The State shall ensure the principle of solidarity, enshrined in the Constitution, taking into account the special circumstances of those territories in which migratory flows have a particular impact. "

Four. A new Article 2b is introduced with the following wording:

" Article 2 ter. Integration of immigrants.

1. The public authorities will promote the full integration of foreigners into Spanish society, in a framework of coexistence of different identities and cultures without more limits than respect for the Constitution and the law.

2. The Public Administrations will incorporate the objective of integration between immigrants and the receiving society, with a transversal character to all public policies and services, promoting economic, social, cultural and political participation immigrant persons, in the terms provided for in the Constitution, in the Statute of Autonomy and in other laws, under conditions of equal treatment.

In particular, they will seek, through formative actions, the knowledge and respect of the constitutional and statutory values of Spain, of the values of the European Union, as well as of human rights, freedoms The European Parliament's Committee on the European Parliament's Committee on Women's Rights and the Committee on Women's Rights and the Committee on Women's Rights and the Committee on Women's Rights and the Committee of the European In the case of the European Union, the European Union is a key factor in the development of the European Union.

3. The General Administration of the State shall cooperate with the Autonomous Communities, the cities of Ceuta and Melilla and the Councils for the achievement of the purposes described in this Article, in the framework of a multi-annual strategic plan which include among its objectives the integration of unaccompanied foreign minors. In any case, the General Administration of the State, the Autonomous Communities and the Councils will collaborate and coordinate their actions in this field, taking into account their respective integration plans.

4. In accordance with the criteria and priorities of the Strategic Plan for Immigration, the Government and the Autonomous Communities will agree at the Sectoral Conference on Immigration, biennial action programmes to strengthen the social integration of the immigrants. Such programmes shall be financed from a state fund for the integration of immigrants, which shall be provided annually, and which may include co-financing arrangements by the receiving administrations of the fund items. "

Five. Article 3 (2) is worded as follows:

" 2. The rules on the fundamental rights of foreigners will be interpreted in accordance with the Universal Declaration of Human Rights and with international treaties and agreements on the same matters in force in Spain, without the profession of religious beliefs or ideological or cultural beliefs of a different sign may be invoked to justify the conduct of acts or conduct contrary to them. "

Six. Article 4 is worded as follows:

" Article 4. Right to the documentation.

1. Foreigners who are in Spanish territory have the right and the duty to keep the documentation certifying their identity, issued by the competent authorities of the country of origin or from the country of origin, as well as situation in Spain.

2. All foreigners to whom a visa has been issued or an authorization to remain in Spain for a period of more than six months, will obtain the identity card from abroad, which they will have to request personally within one month from their entry into Spain or since the authorisation is granted, respectively. The holders of a residence and seasonal work visa shall be exempt from that obligation.

The cases in which such an identity card may be obtained shall be developed when an authorisation has been granted to remain in Spain for a period not exceeding six months.

3. Foreigners may not be deprived of their documentation, except in the cases and with the requirements laid down in this Organic Law and in Organic Law 1/1992, of 21 February, on the Protection of Citizen Security. "

Seven. Article 5 is worded as follows:

" Article 5. Right to freedom of movement.

1. Foreigners who are in Spain in accordance with the provisions of Title II of this Law will have the right to move freely through the Spanish territory and to choose their residence without any restrictions other than those established in general. treaties and laws, or those agreed by the judicial authority, with a precautionary nature or in a criminal or extradition process in which the alien has the status of an accused, victim or witness, or as a result of a firm sentence.

2. However, specific limiting measures may be laid down where they are agreed in the declaration of a state of emergency or place, as provided for in the Constitution, and, exceptionally for reasons of public security, (a) individualised, motivated and in proportion to the circumstances in each case, by resolution of the Minister of the Interior, adopted in accordance with the legal guarantees of the sanctioning procedure provided for in the Law. The limiting measures, the duration of which shall not exceed the time required and proportional to the persistence of the circumstances justifying the adoption of such measures, may consist of the periodic submission to the competent authorities. and in the distance of borders or nuclei of population concretized singularly. "

Eight. Article 6 is worded as follows:

" Article 6. Public participation.

1. Foreign nationals residing in Spain may be entitled to vote, in municipal elections, in the terms laid down in the Constitution, in international treaties, if any, and in the Law.

2. Resident foreigners, registered in a municipality, have all the rights established by such concept in the legislation of local regime bases, being able to be heard in matters that affect them according to what the regulations have. application.

3. The City Council shall incorporate the register of foreign nationals who have their habitual residence in the municipality and shall keep the information concerning them up to date.

4. The public authorities shall facilitate the exercise of the right of foreign nationals to vote in the democratic electoral processes of the country of origin. "

Nine. Article 7 (1) is worded as follows:

" 1. Foreigners have the right of assembly under the same conditions as Spaniards. "

Ten. Article 8 is worded as follows:

" Article 8. Freedom of association.

All foreigners have the right of association under the same conditions as Spaniards. "

Once. Article 9 is worded as follows:

" Article 9. Right to education.

1. Foreigners under the age of 16 have the right and duty to education, which includes access to basic, free and compulsory education. Foreigners under the age of eighteen are also entitled to post-secondary education.

This right includes obtaining the corresponding academic qualification and access to the public system of grants and grants under the same conditions as the Spanish.

If you reach the age of eighteen during the course of the school year, you will retain that right to completion.

2. Foreigners over the age of eighteen who are in Spain have the right to education in accordance with the provisions of the educational legislation. In any case, foreign residents over the age of 18 have the right to access the other educational stages, to obtain the corresponding qualifications, and to the public system of scholarships under the same conditions as the Spaniards.

3. The public authorities will promote that foreigners can receive teachings for their better social integration.

4. Foreign nationals who are minors in Spain under their compulsory school age must provide proof of such schooling, by means of a report issued by the competent regional authorities, in applications for the renewal of their compulsory education. authorization or in your long-term residence application. "

Twelve. Article 10 is worded as follows:

" Article 10. Right to work and social security.

1. Resident aliens who meet the requirements of this Organic Law and the provisions that develop them have the right to exercise a paid activity for their own or others, as well as to access the security system Social, in accordance with current legislation.

2. Foreigners will be able to access public employment in the terms provided for in Law 7/2007 of 12 April of the Basic Staff Regulations. "

Thirteen. Article 11 is worded as follows:

" Article 11. Freedom of syndication and strike.

1. Foreigners have the right to freely sindicate themselves or to join a professional organization, under the same conditions as Spanish workers.

2. Foreigners will be able to exercise the right to strike under the same conditions as Spaniards. "

Fourteen. Article 12 is worded as follows:

" Article 12. Right to healthcare.

1. Foreigners who are in Spain, registered in the register of the municipality in which they have their habitual residence, are entitled to health care under the same conditions as the Spaniards.

2. Foreigners who are in Spain are entitled to emergency public health assistance due to serious illness or accident, whatever their cause, and to the continuity of such care until the medical situation.

3. Foreigners under the age of eighteen who are in Spain are entitled to health care under the same conditions as Spaniards.

4. Pregnant foreigners in Spain are entitled to health care during pregnancy, childbirth and postpartum. "

Fifteen. Article 13 is worded as follows:

" Article 13. Housing rights.

Foreign residents have the right to access public housing aid systems in terms of law and jurisdiction. In any case, long-term resident foreigners are entitled to such aid under the same conditions as the Spanish. "

Sixteen. Article 14 is worded as follows:

" Article 14. The right to social security and social services.

1. Resident foreigners have the right to access Social Security benefits and services under the same conditions as Spaniards.

2. Resident foreigners have the right to services and social benefits, both general and basic, as well as specific ones, under the same conditions as the Spanish. In any case, foreigners with disabilities, under the age of eighteen, who have their habitual residence in Spain, will be entitled to receive the treatment, services and special care required by their physical or mental state.

3. Foreigners, whatever their administrative situation, are entitled to basic social services and benefits. "

seventeen. Article 15 (2) is worded as follows:

" 2. Foreigners have the right to transfer their income and savings earned in Spain to their country, or to any other, in accordance with the procedures laid down in Spanish law and in accordance with applicable international agreements. The Government shall take the necessary measures to facilitate such transfers. "

Eighteen. Article 17 is worded as follows:

" Article 17. Regrouping relatives.

1. The resident foreigner has the right to regroup with him in Spain to the following relatives:

(a) The spouse of the resident, provided that he is not separately in fact or in law, and that the marriage has not been held in law fraud. In no case will it be possible to regroup more than one spouse even if the personal law of the foreigner admits this marriage modality. A resident alien who is married in second or later marriage for the dissolution of each of his former marriages may only regroup with him to the new spouse if he credits that the dissolution has taken place after a procedure. the legal situation of the former spouse and of his/her common children as regards the use of the common housing, the compensatory pension to that spouse and the food corresponding to the minor children, or the elderly in a situation of dependency. In the dissolution of a declaration of invalidity, the economic rights of the spouse of good faith and of the common children, as well as the compensation, shall have been established.

(b) The children of the resident and the spouse, including those adopted, provided that they are under the age of eighteen or persons with disabilities who are not objectively capable of providing for their own needs due to their state of health. In the case of children of one of the spouses only, it shall be required, in addition, that the latter exercise the parental rights alone or that he has been granted custody and is in fact in his position. In the case of adopted children, it must be established that the decision to adopt the adoption brings together the necessary elements to produce effect in Spain.

(c) Those under the age of eighteen and those older than those who are not objectively able to provide their own needs, due to their health status, when the foreign resident is their legal representative and the act The legal basis for which the representative powers arise is not contrary to the principles of the Spanish legislation.

(d) First-degree relatives of the regrouping and their spouse when they are in office, are over sixty-five years of age and there are reasons to justify the need to authorize their residence in Spain. The conditions for the regrouping of the relatives of the long-term residents of another Member State of the European Union, of the employees of the blue card of the EU and of the beneficiaries will be determined. of the special scheme of researchers. Exceptionally, when humanitarian reasons are present, the parent may be regrouped under the age of sixty-five years if the other conditions laid down in this Law are met.

2. Foreigners who have acquired residence on the basis of a regrouping may, in turn, exercise the right of regrouping of their own families, provided that they already have a residence and work authorization, obtained regardless of the regrouping's authorization, and they demonstrate that they meet the requirements of this Organic Law.

3. In the case of regrouped ascendants, they may only exercise the right of family reunification after obtaining the status of long-term residents and accredited economic solvency.

Exceptionally, the regrouped parent who is in charge of one or more minor children, or children with disabilities who are not objectively able to provide for their own needs due to their state of health, may exercise the right of regrouping in the terms laid down in the second paragraph of this Article, without having acquired long-term residence.

4. The person who maintains a resident alien's relationship of affectivity to the spousal shall be equal to the spouse for all the purposes provided for in this chapter, provided that such relationship is duly accredited and meets the requirements necessary to produce effects in Spain.

In any case, the situations of marriage and the analogous relationship of affectivity shall be considered incompatible with each other.

You will not be able to regroup more than one person with a similar relationship of affectivity, even if the personal law of the foreigner admits these family ties.

5. The conditions for the exercise of the right of regrouping, as well as for accrediting, for these purposes, the relationship of affectivity analogous to the conjugal, shall be developed. '

nineteen. Article 18 is worded as follows:

" Article 18. Requirements for family reunification.

1. Foreigners may exercise the right to family reunification when they have received the renewal of their initial residence permit, with the exception of the regrouping of the family members referred to in Article 17.1 (d) of this Law, which may only be regrouped from the moment the regrouping acquires the long-term residence.

The regrouping of family members of long-term residents, employees of the blue card of the EU and the beneficiaries of the special scheme of researchers, may be requested and granted, at the same time, with the applicant's application for residence. Where this condition is recognised in another Member State of the European Union, the application may be lodged in Spain or from the State of the European Union where they were resident, where the family was already established.

2. The regrouping must provide proof, in the terms of the regulations, that it has adequate housing and sufficient financial means to meet its needs and those of its family, once regrouped.

In the assessment of income for the purposes of regrouping, they will not compute those coming from the social assistance system, but other income will be taken into account by the spouse residing in Spain and living with the regroup.

The Autonomous Communities or, where appropriate, the Councils will report on the adequacy of housing to the effects of family reunification.

Public Administrations will promote the participation of the regrouped in programmes of socio-cultural and linguistic integration.

3. Where family members to be regrouped are minors of compulsory schooling, the administration receiving the applications must communicate to the competent educational authorities a forecast of the procedures initiated by the family reunification, for the purpose of enabling the necessary places in the relevant schools. "

Twenty. A new Article 18a is inserted with the following wording:

" Article 18a. Procedure for family reunification.

1. A foreign person wishing to exercise the right to family reunification must apply for a residence permit for family reunification in favour of the members of his family wishing to regroup, and may be requested at the same time. renewal of the residence permit and the application for family reunification.

2. Where the right to regrouping is exercised by long-term residents in another Member State of the European Union residing in Spain, the application may be submitted by regrouping relatives, providing proof of residence such as: Member of the long-term resident's family in the first Member State. "

Twenty-one. Article 19 is worded as follows:

" Article 19. Effects of family reunification in special circumstances.

1. The residence permit for family reunification of which the spouse and children regrouped when they reach the working age shall be entitled to work without any other administrative formalities.

2. The regrouped spouse may obtain an independent residence permit when he has sufficient financial means to meet his or her own needs.

In the event that the regrouped spouse is a victim of gender-based violence, without the need for the above requirement to be met, he/she may obtain the authorization of residence and independent work, from the time he/she is has issued a protection order or, failing that, a report by the Prosecutor's Office indicating the existence of indications of gender-based violence.

3. The regrouped children will be able to obtain an independent residence permit when they reach the age of majority and have sufficient financial means to meet their own needs.

4. The form and size of the economic resources deemed sufficient to enable the regrouped family members to obtain an independent authorisation shall be determined.

5. In the event of death of the regrouping, the regrouped family members may obtain an independent residence permit under the conditions to be determined. "

Twenty-two. Article 22 is worded as follows:

" Article 22. Right to free legal assistance.

1. Foreigners who are in Spain are entitled to free legal assistance in the processes in which they are a party, regardless of the jurisdiction in which they are followed, under the same conditions as the Spanish citizens.

2. Foreign nationals who are in Spain are entitled to legal assistance in administrative procedures which may lead to their refusal of entry, return, or expulsion from the Spanish territory and in all procedures in respect of international protection, as well as interpreter assistance if they do not understand or speak the official language used. These assists shall be free of charge when they lack sufficient economic resources in accordance with the criteria laid down in the rules governing the right of free legal assistance.

3. In the case of administrative proceedings against decisions which end the administrative procedure in respect of refusal of entry, return or expulsion, the recognition of the right to legal aid shall require the appropriate application made under the terms laid down in the rules governing legal aid. The express constancy of the will to bring the action or to exercise the corresponding action must be carried out in accordance with the provisions of Law 1/2000, of January 7, of Civil Procedure, or in case the foreigner could be found private of freedom, in the form and before the public official who are regulated by law.

For the purposes set out in this paragraph, where the foreigner has the right to free legal assistance and is located outside Spain, the request for legal assistance and, where appropriate, the manifestation of the will to appeal, may be made to the relevant diplomatic mission or consular post. "

Twenty-three. Article 23 (2) (a) is worded as follows:

" (a) Those made by the public authority or official or personnel in charge of a public service, who in the performance of their duties, by act or omission, carry out any discriminatory act prohibited by law against a only because of their status as such or because they belong to a particular race, religion, ethnicity or nationality. "

Twenty-four. A new paragraph 5 is inserted in Article 25, which is worded as follows:

" 5. The entry into national territory of foreign nationals to whom the Community scheme does not apply may be registered by the Spanish authorities for the purposes of monitoring their period of legal stay in Spain, in accordance with The Organic Law 15/1999 of 13 December on the protection of personal data. "

Twenty-five. Article 25a is worded as follows:

" Article 25a. Types of visa.

1. Foreigners who intend to enter Spanish territory must be in possession of a visa, validly issued and in force, extended on their passport or travel document or, where appropriate, in a separate document, except as provided for in paragraph 2 of the Article 25 of this Law.

2. The visas referred to in the preceding paragraph shall be one of the following classes:

(a) Transit visa, which enables transit through the international transit zone of a Spanish airport or through the Spanish territory. It shall not be necessary to obtain such a visa in cases of transit from a foreigner for the purpose of repatriation or departure by air requested by a Member State of the European Union or by a third State which has an agreement with Spain international on this matter.

(b) Visado of stay, which enables for an uninterrupted stay or successive stays for a period or sum of periods of total duration not exceeding three months per semester from the date of the first entry.

c) Residence visa, which enables you to reside without exercising employment or professional activity.

d) Visado of residence and work, which enables for entry and stay for a maximum period of three months and for the beginning, in that period, of the work or professional activity for which it would have been previously authorized. At the same time, the worker must be discharged in the form of social security, which will make the authorization of residence and work, for his or her own account or for others, effective. If the period has not elapsed, the foreign national shall be obliged to leave the national territory and, if not, incur the offence referred to in Article 53,1 (a) of this Law.

e) Residence and seasonal work Visado, which enables you to work for an employed person for up to nine months in a period of twelve consecutive months.

f) Studies, which enables to stay in Spain for the course of courses, studies, research or training, exchange of students, non-working practices or voluntary services, unpaid laborally.

g) Visado de investigación, which enables the foreigner to stay in Spain to carry out research projects under a host agreement signed with a research organization.

3. The different types of visas will be developed in regulation. "

Twenty-six. Article 27 (1) is worded as follows:

" 1. The visa will be requested and issued in the Spanish Diplomatic Missions and Consular Offices, except in the exceptional cases that are considered regulentarily or in the cases in which the Spanish State, according to the regulations (a) the Community has agreed to its representation with another Member State of the European Union in the field of transit or stay visas. '

Twenty-seven. Article 27 (6) is worded as follows:

" 6. The refusal of a visa shall be justified in the case of residence visas for family reunification or for work as an employed person, as well as in the case of stay or transit visas. If the refusal is due to the fact that the visa applicant is included in the list of persons not eligible under the Convention implementing the Schengen Agreement of 14 June 1990, he shall be notified accordingly in accordance with the rules established by that Convention. The resolution shall express the remedies against it, the body before which they shall be submitted and the time limit for bringing them together. "

Twenty-eight. Article 28 is worded as follows:

" Article 28. From the departure of Spain.

1. The exits of the Spanish territory may be carried out freely, except in the cases provided for in the Penal Code and in this Law. The departure of the foreigners to whom the Community scheme does not apply, may be registered by the Spanish authorities for the purposes of controlling their period of legal permanence in Spain in accordance with the Law 15/1999, of 13 December, Protection of Personal Data.

2. Exceptionally, the Minister of the Interior may prohibit the departure of the Spanish territory for reasons of national security or public health. The instruction and resolution of the prohibition files shall always be of an individual nature.

3. The output will be mandatory in the following assumptions:

(a) Expulsion of Spanish territory by court order, in the cases provided for in the Criminal Code.

b) Expulsion or return agreed upon by administrative resolution in the cases provided for in this Law.

c) Administrative refusal of requests made by the foreigner to continue to remain in Spanish territory, or lack of authorisation to meet in Spain.

(d) Compliance with the deadline in which a foreign worker would have committed to return to his country of origin in the framework of a voluntary return program. "

Twenty-nine. The title of Chapter II is worded as follows:

" CHAPTER II

From the Authorization of Stay and Residence "

Thirty. Article 29 (2) is worded as follows:

" 2. The different situations of foreigners in Spain may be accredited by passport or travel document that accredits their identity, visa or identity card from abroad, as appropriate. "

Thirty-one. Article 30 (1) is worded as follows:

" 1. Stay is the stay in Spanish territory for a period of not more than 90 days, without prejudice to the provisions of Article 33 for admission for the purposes of studies, exchange of students, non-working practices or services of volunteering. "

Thirty-two. Article 30a (2) is worded as follows:

" 2. Residents may find themselves in the situation of temporary residence or long-term residence. "

Thirty-three. Article 31 is worded as follows:

" Article 31. Temporary residence status.

1. Temporary residence is the situation which allows to stay in Spain for a period of more than 90 days and less than five years. Authorisations for a duration of less than five years may be renewed, at the request of the person concerned, on the basis of the circumstances which led to the grant. The duration of the initial authorisations for temporary residence and renewals shall be established in a regulated manner.

2. The initial authorization of temporary residence which does not carry out work authorization shall be granted to foreigners who have sufficient means to do so and, where appropriate, to those of their family. The criteria for determining the adequacy of such means shall be established.

3. The Administration may grant a temporary residence permit for the purposes of taking root, as well as for humanitarian reasons, for collaboration with Justice or other exceptional circumstances to be determined in a regulated manner.

In these cases the visa will not be required.

4. The initial authorization of temporary residence and work, which shall authorize the carrying out of gainful activities on a self-employed basis, shall be granted in accordance with the provisions of Articles 36 et seq. of this Law.

5. In order to authorize the temporary residence of a foreigner, he must be without a criminal record in Spain or in the previous countries of residence, for crimes existing in the Spanish law, and not be listed as being rejected in the space territorial countries with which Spain has signed an agreement in this regard.

6. Foreigners with temporary residence permits shall be obliged to bring to the attention of the competent authorities the changes of nationality, marital status and domicile.

7. For the renewal of temporary residence permits, it shall be assessed where appropriate:

(a) The criminal record, considering the existence of pardons or the situations of conditional remission of the penalty or the suspension of the custodial sentence.

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

For the purpose of this renewal, the effort of integration of the foreign country to advise its renewal, accredited by a positive report of the Autonomous Community certifying the assistance to the training actions referred to in Article 2b of this Law. "

Thirty-four. A new Article 31a is added with the following wording:

" Article 31a. Temporary residence and work of foreign women victims of gender-based violence.

1. Foreign women victims of gender-based violence, whatever their administrative situation, are guaranteed the rights recognized in Organic Law 1/2004 of December 28, of Measures of Comprehensive Protection against Violence Gender, as well as the protection and security measures set out in the legislation in force.

2. If, when a situation of gender-based violence against a foreign woman is reported, its irregular situation is revealed, the administrative file of penalties initiated for infringement of Article 53,1 (a) of this Law shall be suspended by the instructor up to the resolution of the criminal procedure.

3. A foreign woman who is in the situation described in the previous paragraph may apply for a residence permit and work for exceptional circumstances from the time a protection order was issued in her favour. or, failing that, Report of the Fiscal Ministry indicating the existence of indications of gender-based violence. Such authorisation shall not be resolved until the end of the criminal proceedings.

Without prejudice to the foregoing, the competent authority to grant the authorisation for exceptional circumstances may grant a provisional authorisation of residence and work in favour of the foreign woman. The provisional authorisation may be concluded at the time when the authorisation is granted or definitively refused for exceptional circumstances.

4. Where the criminal proceedings are concluded with a conviction, the person concerned shall be notified of the temporary residence and work requested. In the event that it has not been requested, you will be informed of the possibility of granting a residence permit and work for exceptional circumstances by giving you a time limit for your application.

When the situation of gender-based violence cannot be inferred from the concluded criminal procedure, the penalty administrative file initially suspended will continue. "

Thirty-five. Article 32 is worded as follows:

" Article 32. Long-term residence.

1. The long-term residence is the situation that authorizes to reside and work in Spain indefinitely, under the same conditions as the Spanish.

2. They shall have the right of long-term residence to those who have had temporary residence in Spain for five years on a continuous basis, who fulfil the conditions laid down in regulation. For the purposes of obtaining long-term residence, the periods of prior and continuing residence in other Member States shall be taken into account as a holder of the EU Blue Card. The residence shall be deemed to have been continued even if for periods of holiday or other reasons which are regulated by law, the alien has temporarily left the national territory.

3. Foreigners who are long-term residents of another Member State of the European Union will be able to apply for themselves and obtain a long-term residence permit in Spain when they are to carry out an activity on their own or or for other purposes, under the conditions laid down in regulation. However, in the event that long-term foreign nationals in another Member State of the European Union wish to retain the status of long-term resident acquired in the first Member State, they may apply for and obtain a authorisation of temporary residence in Spain.

4. Criteria for the granting of other long-term residence permits in individual cases of special links with Spain shall be established on a regulatory basis.

5. The extinction of long-term residence 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. Exceptions to the loss of authorisation for this reason, as well as the procedure and requirements for recovering long-term residence authorisation, shall be laid down.

(d) Where long-term residence is acquired in another Member State.

6. Foreign persons who have lost the status of long-term residents may recover that status by means of a simplified procedure which will be developed in a regulated manner.

This procedure shall apply in particular to persons who have resided in another Member State for the purpose of carrying out studies. "

Thirty-six. Article 33 is worded as follows:

" Article 33. Admission scheme for the purposes of studies, exchange of students, non-working practices or voluntary services.

1. A foreigner may be authorised, on a stay-at-home basis, with the sole or principal purpose of carrying out one of the following non-work activities:

a) Curse or expand studies.

(b) Conduct research or training activities, without prejudice to the special scheme of researchers governed by Article 38a of this Law.

c) Participate in student exchange programs in any officially recognized, public or private educational or scientific centers.

d) Perform practices.

e) Performing volunteer services.

2. The validity of the authorisation shall coincide with the duration of the course for which it is registered, the research work, the exchange of students, the practices or the voluntary service.

3. The authorisation shall be extended on an annual basis if the holder shows that he continues to meet the conditions required for the issue of the initial authorisation and that he fulfils the required requirements, either by the teaching or scientific centre to which he or she is assists, having verified the conduct of the studies or the research work, either by the exchange or voluntary program, or by the center where the practices are carried out.

4. Foreigners admitted for study purposes, non-working practices or voluntary work may be authorised to carry out a paid activity on a self-employed or employed basis, in so far as this does not limit the pursuit of studies or activities equivalent, in the terms that are regulated.

5. The carrying out of work in a family to compensate for the stay and maintenance in the same, while improving the linguistic or professional knowledge will be regulated according to the provisions of the international agreements on placement "au pair".

6. Entry and stay in Spain shall be provided, in accordance with the terms laid down in regulation, of foreign students participating in European Union programmes intended to promote mobility to or from the Union.

7. Any foreigner, admitted as a student in another Member State of the European Union, who requests to take part of his or her studies already initiated or to complete them in Spain, may apply for a stay for study and obtain it, if meets the regulatory requirements for this, not requiring a visa.

In order to enable all foreigners admitted as a student in Spain to apply for part of their studies already initiated or to be completed in another Member State of the European Union, the Spanish authorities will provide the timely information on the permanence of the person in Spain, at the request of the competent authorities of that Member State.

8. The conditions of residence provided for in this article are those of foreign nationals who are studying in Spain specialised health training in accordance with Law No 44/2003 of 11 November of the health professions, unless they already have a prior to the commencement of the residence permit, in which case they may continue in that situation. "

Thirty-seven. Article 35 is worded as follows:

" Article 35. Unaccompanied minors.

1. The Government will promote the establishment of Partnership Agreements with the countries of origin that will include, in full, the prevention of irregular immigration, the protection and return of unaccompanied minors. The Autonomous Communities shall be informed of such Agreements.

2. The Autonomous Communities will be able to establish agreements with the countries of origin aimed at ensuring that the care and social integration of minors is carried out in their environment of origin. Such agreements shall ensure adequate protection of the interests of minors and provide for mechanisms for appropriate monitoring by the Autonomous Communities of the situation of minors.

3. In cases where the State Security Corps and Forces locate an undocumented alien whose age minority cannot be established safely, the competent services for the protection of minors shall be given the attention (a) immediate knowledge, in accordance with the law of the legal protection of the child, of the fact that the Prosecutor's Office will be informed immediately, that he will be able to determine his age, for which the appropriate health institutions which shall, as a matter of priority, carry out the necessary tests.

4. If the age is determined, the tax ministry shall make it available to the competent child protection services of the Autonomous Community in which it is located.

5. The State Administration shall request a report on the family circumstances of the child to the diplomatic representation of the country of origin prior to the decision on the initiation of a procedure for their repatriation. Agreed upon initiation of the procedure, after hearing the child if he has sufficient judgment, and prior to the report of the child protection services and the Fiscal Ministry, the State Administration will decide on the return to its country of origin, to the country where the relatives are located or, failing that, about their stay in Spain. In accordance with the principle of best interests of the child, repatriation to the country of origin shall be effected either by family reunification or by the provision of the child to the child protection services, if the appropriate conditions for their protection by them.

6. To the greater than sixteen and under eighteen years of age, they will be able to act in the procedure of repatriation provided for in this article, as well as in the administrative judicial order for the same object, being able to to intervene personally or through the representative they designate.

In the case of children under sixteen years of age, with sufficient judgment, who have expressed a will to the contrary to which they hold their guardianship or representation, the course of the procedure shall be suspended until the appointment of the legal advocate representing them.

7. The residence of minors who are tutored in Spain by a Public Administration or by virtue of a judicial decision, by any other entity, shall be deemed to be regular, for all purposes. At the request of the body exercising the protection and once the impossibility of return with his family or the country of origin has been established, the minor shall be granted a residence permit, the effects of which shall be rolled back to the time when the has been made available to the child protection services. The absence of a residence permit shall not prevent the recognition and enjoyment of all the rights that correspond to the status of the child.

8. The granting of a residence permit shall not be an obstacle to further repatriation where it favours the best interests of the child, in the terms set out in the fourth paragraph of this Article.

9. Regulations shall determine the conditions to be met by the tutelated minors who have the right of residence and reach the age of majority in order to renew their authorization or to have access to a residence and work authorization. taking into account, where appropriate, the positive reports which, for these purposes, may be submitted by the competent public bodies concerned with their integration effort, the continuity of the training or studies being carried out, as well as their incorporation, effective or potential, to the labour market. The Autonomous Communities will develop the necessary policies to enable minors to enter the labour market when they reach the age of majority.

10. The Corps and the State Security Forces will adopt the necessary technical measures to identify undocumented foreign minors, in order to know the possible references that may exist in some cases. national or foreign public institution in charge of its protection. This data may not be used for a purpose other than that provided for in this section.

11. The General Administration of the State and the Autonomous Communities may establish agreements with non-governmental organizations, foundations and entities dedicated to the protection of minors, in order to attribute to them the ordinary guardianship of minors. Unaccompanied aliens.

Each convention shall specify the number of minors whose guardianship is committed to assume the corresponding entity, the place of residence, and the material means that will be used to care for them.

It will be legitimized to promote the constitution of the guardianship of the Autonomous Community under whose custody the child is located. For such purposes, the competent court should be directed to the place where the child is to reside, by attaching the relevant convention and the conformity of the entity to be taken over by the guardianship.

The protection regime will be provided for in the Civil Code and the Civil Procedure Law. In addition, the remaining provisions on the protection of minors in the Civil Code and the legislation in force in this field will be applicable to unaccompanied minors.

12. The Autonomous Communities will be able to reach agreements with the Autonomous Communities where the unaccompanied minors are not accompanied to take over the guardianship and custody, in order to guarantee to the minors better conditions of integration. "

Thirty-eight. The title of Chapter III is worded as follows:

" CHAPTER III

From authorizations for the realization of lucrative activities "

Thirty-nine. Article 36 is worded as follows:

" Article 36. Authorization of residence and work.

1. Foreigners over the age of 16 will require, in order to carry out any gainful, employment or professional activity, of the corresponding prior administrative authorization to reside and work. The work authorization shall be granted in conjunction with the right of residence, except in the case of foreign penados who are serving sentences or in other exceptional cases to be determined on a regulated basis.

2. The effectiveness of the authorization of residence and initial work will be conditioned to the high of the worker in the Social Security. In each case, the managing body shall verify the prior authorisation of the foreign nationals to reside and carry out the activity.

3. Where the foreign national intends to work for his or her own or other person, exercising a profession for which a special qualification is required, the granting of the authorization shall be conditional on the holding and, where appropriate, the approval of the certificate. and, if the laws so require, to the collegiation.

4. For the purpose of hiring a foreigner, the employer shall apply for the authorization referred to in paragraph 1 of this Article, which shall in any event be accompanied by the contract of employment which ensures continued activity during the period of period of validity of the authorization.

5. The absence of the authorization of residence and work, without prejudice to the responsibilities of the employer to which place, including those of Social Security, shall not invalidate the contract of employment in respect of the rights of the foreign worker, nor be an obstacle to obtaining the benefits deriving from the cases referred to in the international conventions for the protection of workers or others which may correspond to them, provided that they are compatible with their situation. In any event, the worker who does not have a residence and work authorization shall not be entitled to unemployment benefits.

Except in legal cases, the recognition of a benefit will not change the administrative situation of the foreigner.

6. Special criteria for certain nationalities may be applied in the initial grant of the administrative authorisation to work according to the principle of reciprocity.

7. No authorisation shall be granted to reside and carry out a gainful, employment or professional activity to foreigners who, under a voluntary return programme to their country of origin, would have undertaken not to return to Spain during a period of time. the time limit determined as long as this period has not elapsed.

8. The conditions and requirements for the participation of foreign workers in joint-stock companies and cooperative societies shall be determined. "

Forty. Article 37 is worded as follows:

" Article 37. Authorization of residence and self-employment.

1. In order to carry out economic activities on a self-employed basis, compliance with all the requirements laid down by the legislation in force for nationals must be established for the opening and operation of the planned activity, as well as for the relating to the sufficiency of investment and the potential job creation, among others which are regulated by law.

2. The initial authorisation of residence and self-employment shall be limited to a geographical area not exceeding that of an Autonomous Community, and to a sector of activity. Its duration shall be determined by regulation.

3. The granting of the initial authorization of work, in necessary coordination with that which corresponds to the State in the field of residence, shall be the responsibility of the Autonomous Communities in accordance with the competences assumed in the corresponding Statutes. "

Forty-one. Article 38 is worded as follows:

" Article 38. Authorization of residence and work for an employed person.

1. The national employment situation shall be taken into account in the initial grant of the residence and work authorization, in the case of employed persons.

2. The national employment situation will be determined by the State Employment Public Service with the information provided by the Autonomous Communities and with that derived from official statistical indicators and will be reflected in the Occupations of Difficult Coverage. This catalogue will contain a list of jobs that are likely to be satisfied through the recruitment of foreign workers and will be approved after consultation with the Tripartite Immigration Commission.

The national employment situation will also be understood to allow recruitment in non-scheduled occupations where the supply management is completed with the inadequacy of suitable and available job seekers. The minimum requirements shall be determined in order to consider that the management of the supply of employment is considered sufficient for these purposes.

3. The procedure for granting the authorization of residence and initial work, without prejudice to the cases provided for when the foreigner who is in Spain is entitled to apply for or obtain an authorization of residence and work, shall be based on the application for coverage of a vacant post, submitted by an employer or employer to the competent authority, together with the contract of employment and the other required documentation, offered to the resident foreign worker in a third country. The competent authority shall issue an authorization whose effectiveness shall be conditional on the foreign application applying for the visa and which, once in Spain, the worker's discharge in the territory of the Member State concerned has been fulfilled. Social Security.

4. The employer or employer shall be obliged to communicate the withdrawal of the application for authorisation if, while the authorisation or the visa is resolved, the need for the contract of the foreigner is removed or the conditions of the work contract that served as the basis for the application. In addition, when the qualified foreigner is in Spain, he must register in the Public Employment Services the employment contract which gave rise to the application and formalize the worker's discharge in the social security system, and if it cannot be initiated the employment relationship, the employer or employer shall be obliged to communicate it to the competent authorities.

5. The initial authorization of residence and work shall be limited, except in the cases provided for by the Law and the International Conventions signed by Spain, to a given territory and occupation. Its duration shall be determined by regulation.

6. The authorisation of residence and work shall be renewed at its expiry:

a) When the work contract that prompted its initial concession is persisted or renewed, or when a new contract is counted.

(b) Where a contributory unemployment benefit has been granted by the competent authority in accordance with the rules of social security.

(c) Where the alien is a beneficiary of a public health care delivery intended to achieve his or her social or employment insertion.

(d) Where other circumstances are provided for in a regulated manner, in particular, the cases of termination of the employment contract or suspension of the employment relationship as a result of being the victim of gender-based violence.

7. From the first concession, the authorisations shall be granted without limitation of geographical scope or occupation.

8. The granting of the initial authorization of work, in necessary coordination with that which corresponds to the State in the field of residence, shall be the responsibility of the Autonomous Communities in accordance with the competences assumed in the corresponding Statutes. "

Forty-two. An Article 38a is inserted in the following terms:

" Article 38a. Special scheme for researchers.

1. It shall be considered as a researcher abroad whose permanence in Spain is solely or primarily intended to carry out research projects, in the context of a hosting agreement signed with a research body.

2. Entities engaged in research, public or private, which comply with the conditions laid down in regulation, may be authorized by the State or by the Autonomous Communities, as appropriate, as research bodies for to welcome foreign researchers. This authorisation shall be for a minimum duration of five years, except in exceptional cases where it shall be granted for a shorter period. If the maximum period has not been served, the person concerned shall not be given a legitimate express decision, the application deducted by that person shall be deemed to be dismissed by administrative silence.

3. The requirements for the signature of the host agreement between the investigator and the research body and the conditions of the research project shall be determined.

4. The status of the alien under investigation shall be that of residence and work authorization, which shall be renewed annually if the holder continues to meet the conditions laid down for the issue of the initial authorisation.

5. Foreigners admitted for these purposes may provide classes or carry out other activities compatible with their main research activity, in accordance with the rules in force.

6. The investigative body shall report as soon as possible to the Authority which granted the authorisation of residence and work of any event preventing the implementation of the hosting agreement.

7. Any foreigner admitted as a researcher in another Member State of the European Union who requests to carry out part of his investigation in Spain for a period exceeding three months may apply for a residence and work authorization and obtain it if it meets the regulatory requirements for this, not requiring the visa, but a new host agreement may be required.

8. Once the host agreement has been finalized, or resolved by causes not attributable to the established investigator, both the investigator and the regrouped family members may be authorized to reside and pursue a gainful activity. without the need for a new visa. "

Forty-three. An Article 38b is inserted in the following terms:

" Article 38b. Residence and work of highly qualified professionals.

1. Highly qualified professionals for the purposes of this Article shall be deemed to have qualified higher education qualifications or, exceptionally, have a minimum of five years ' professional experience which can be regarded as comparable, in terms that are determined to be regulated.

2. Highly qualified professionals under this article will obtain a residence permit and documented work with an EU Blue Card.

3. The granting of authorisations for highly qualified professionals may take into account the national employment situation, as well as the need to protect the sufficiency of human resources in the country of origin of the foreign.

4. The foreign holder of the EU Blue Card who has resided at least eighteen months in another EU Member State may obtain an authorisation in Spain as a highly qualified professional. The application may be lodged in Spain, before the end of a month from the date of entry, or in the Member State in which it is authorised. Where the original authorisation has been extinguished without the application for authorisation being resolved in Spain, a temporary stay of stay for the foreigner and the members of his family may be granted.

If the validity of the original authorization to remain in Spain is extinguished or if the application is refused, the authorities will be able to apply the measures legally provided for such a situation. If the expulsion procedure is carried out, it may be carried out by driving abroad to the Member State from which it comes.

5. The requirements for the granting and renewal of the residence permit and regulated work in this article shall be determined. "

Forty-four. Article 39 is worded as follows:

" Article 39. Collective management of hiring at source.

1. The Ministry of Labour and Immigration, taking into account the national employment situation, may approve an annual forecast of the occupations and, where appropriate, of the expected numbers of jobs which may be covered by the collective management of hiring at source in a given period, to which only those who are not found or reside in Spain will have access. It may also establish a number of visas for job search under conditions to be determined, addressed to children or grandchildren of Spanish of origin or to certain occupations. This forecast will take into account the proposals which, after consultation of the social partners in their field, will be carried out by the Autonomous Communities, and will be adopted after consultation of the Tripartite Labour Commission Immigration.

2. The procedure for granting the initial authorisation of residence and work through collective processing of contracts at source shall be based on the simultaneous management of a plurality of authorisations, presented by one or more employers, in respect of selected workers in their countries, with the participation, where appropriate, of the competent authorities. The management of the same shall act in a coordinated manner with the Autonomous Communities competent for the granting of the initial work authorization.

3. The offers of employment made through this procedure will preferably be directed towards the countries with which Spain has signed agreements on the regulation of migratory flows. "

Forty-five. Article 40 is worded as follows:

" Article 40. Specific cases of exemption from the national employment situation.

1. The national employment situation shall not be taken into account when the employment contract is addressed to:

(a) Family members regrouped in working age, or spouse or child residing in Spain with a renewed authorisation, as well as the child of nationalised Spanish or nationals of other Member States of the Union European and other States parties to the European Economic Area, provided that the latter bear at least one year legally residing in Spain and the child does not apply the Community scheme.

b) The holders of a prior authorization of work that are intended to be renewed.

c) The workers required for the renovation assembly of a production facility or equipment.

(d) Those who would have enjoyed the status of refugees, during the year following the cessation of the application of the Geneva Convention of 28 July 1951, on the Status of Refugees, for the reasons set out in the Article 1 (c) of Article 1 (c) of Article 1

2)

e) Those who would have been recognized as stateless persons and those who had lost the status of stateless persons the year following the termination of that status.

f) Foreigners who are in their ascendancy or descendants of Spanish nationality.

g) Foreigners born and resident in Spain.

h) Spanish children or grandchildren of origin.

(i) Foreign minors in working age with a residence permit who are protected by the competent child protection entity, for those activities which, at the discretion of the aforementioned entity, favour their social integration, and once the impossibility of return with your family or country of origin has been established.

j) Foreigners who obtain the right of residence for exceptional circumstances in cases which are determined to be regulated and, in any case, in the case of victims of gender-based violence or of trafficking in human beings.

k) Foreigners who have been the holder of work permits for seasonal activities, for two calendar years, and have returned to their country.

l) Foreigners who have waived their residency and work authorization under a voluntary return program.

2. The national employment situation shall not be taken into account either, under conditions to be determined in accordance with:

a) The coverage of trusted positions and corporate managers.

b) Highly qualified professionals, including technicians and scientists hired by public entities, universities or research, development and innovation centres dependent on companies, without prejudice to the application of the specific authorisation regime applicable in accordance with this Law.

(c) Workers in the workforce of a company or group of companies in another country who intend to carry out their work activity for the same company or group in Spain.

d) Artists of recognized prestige. "

Forty-six. Article 41 (1) (j) and Article 41 (3), as referred to in point (k) of paragraph 1, are deleted.

Forty-seven. Article 42 is worded as follows:

" Article 42. Special arrangements for seasonal workers.

1. The Government shall regulate the authorisation of residence and work for foreign workers in seasonal or campaign activities allowing them to enter and leave the national territory, as well as the documentation of their situation, in accordance with the characteristics of those campaigns and the information provided to them by the Autonomous Communities where they are promoted.

2. In order to grant residence and work authorisations, it must be ensured that seasonal workers are accommodated in appropriate conditions of dignity and hygiene.

3. Public administrations will promote the assistance of appropriate social services.

4. The seasonal job offers will preferably be directed towards the countries with which Spain has signed agreements on the regulation of migratory flows.

5. The Autonomous Communities, the Councils and the social agents will promote the circuits that allow the concatenation of seasonal workers, in collaboration with the General Administration of the State.

6. The conditions for workers in the workforce of a company or group of undertakings to carry out their activities in another country may be authorised to work temporarily in Spain for the same undertaking or group. "

Forty-eight. Article 43 is worded as follows:

" Article 43. Cross-border workers and transnational provision of services.

1. Foreign workers who, residing in the border area, develop their activity in Spain and return to their place of residence on a daily basis must obtain the corresponding administrative authorization, with the requirements and conditions under which the authorisations of general arrangements are granted, with the same application as to the social security rights as set out in Article 14.1 of this Law

2. The conditions for the authorization of residence and work in the framework of transnational services of services will be established, in accordance with the current regulations. "

Forty-nine. Article 44 is worded as follows:

" Article 44. Taxable fact.

1. The fees shall be governed by this Law and by the other regulatory sources which are set out in Article 9 of Law 8/1989 of 13 April, of Fees and Public Prices.

2. It constitutes the taxable fact of the fees for the processing of the administrative authorizations and the identity documents provided for in this Law, as well as for their extensions, modifications and renewals; in particular:

a) The processing of authorizations for the extension of the stay in Spain.

b) The processing of authorizations to reside in Spain.

(c) The processing of work authorisations, except in the case of authorisations for a period of less than six months.

d) The processing of foreign identity cards.

e) The processing of identity documents to undocumented people.

f) Visa processing. "

Fifty. Article 45 is worded as follows:

" Article 45. Accrual.

1. Fees shall be payable upon request for authorisation, extension, modification, renewal or visa.

In the case of the Autonomous Communities which have passed the powers in the field of work authorization, the accrual of the performance of the fees shall correspond to them.

2. In the case of an authorization of residence and work as an employed person in favour of domestic service workers of a partial or a discontinuous nature, the accrual of the fee shall take place at the time of affiliation and/or discharge of the worker Social.

3. In the case of renewal of the authorization of residence and work as an employed person, in the absence of an employer, and in the case of domestic service workers of a partial or discontinuous nature, the accrual of the fee shall be at the moment of the worker in Social Security.

4. The amount of the fees shall be established by ministerial order of the competent departments. Where the Autonomous Communities have jurisdiction over initial work authorization, they shall be governed by the relevant legislation. "

Fifty-one. Article 46 is worded as follows:

" Article 46. Taxable persons.

1. Visa applicants and persons in whose favour the authorisations are granted or the documents provided for in Article 44 shall be subject to the fees, except in the case of a work permit for an employed person, in which case it shall be taxable person or employer, except in the case of industrial relations in the domestic service sector of a partial or discontinuous nature, in which the worker himself will be.

2. Any pact whereby the employed person assumes the obligation to pay in whole or in part the amount of the established fees shall be null and void. '

Fifty-two. Article 47 is worded as follows:

" They shall not be obliged to pay the fees for the granting of the authorizations to work for the Ibero-American, Filipino, Andorran, Equatoguineans, Sephardies, Children and Grandchildren of Spanish or Spanish origin, and foreign nationals born in Spain when they intend to carry out a gainful, employment or professional activity, for their own account.

Visa applications submitted by third-country nationals benefiting from Community law on freedom of movement and residence shall be exempt from payment of the processing fees.

Public entities for the protection of minors shall be exempt from the payment of the fees resulting from the authorizations that they are required to apply to them for the exercise of the legal representation they hold.

In application of the Community legislation on the subject, they will be exempt from the payment of the fee for transit or stay visas, children under six years of age; national researchers from third countries who are move for scientific research purposes in accordance with the terms set out in Recommendation 2005 /761/EC of the European Parliament and of the Council; and representatives of non-profit organisations who are not over 25 years of age and who are to participate in seminars, conferences or sporting or educational events organised by non-profit organisations. "

Fifty-three. Article 48 (1) is worded as follows:

1. The amount of the fees shall be established by ministerial order of the competent departments, without prejudice to the provisions of the Community rules concerning procedures for the application of transit or stay visas.

Fifty-four. Article 49 (1) is worded as follows:

" 1. The management and collection of the fees shall be the responsibility of the competent bodies for the granting of the authorisations, amendments, renewals and extensions, the issue of the documentation referred to in Article 44 and the processing of the visa application. "

Fifty-five. Two new points (d) and (e) are added to Article 52, which are worded as follows:

" (d) Find yourself working in an occupation, sector of activity, or geographical scope not covered by the residence and work authorization of which you are a holder.

e) The hiring of workers whose authorization does not enable them to work in that occupation or geographical scope, incurring an infringement for each of the employed foreign workers. "

Fifty-six. Article 53 is worded as follows:

" Article 53. Serious infringements.

1. These are serious violations:

(a) To be irregularly found on Spanish territory, for not having obtained the extension of stay, having no authorization of residence or having expired for more than three months the said authorization, and provided that the person concerned does not has requested the renewal of the same within the prescribed time limit.

b) Finding yourself working in Spain without having obtained work authorization or prior administrative authorization to work, when you do not have valid residency authorization.

c) Incur in the form of an obligation to inform the competent authorities of changes affecting nationality, marital status or domicile, as well as to incur in the knowledge of the competent authorities. false information in the declaration of the mandatory data to complete the discharge in the municipal register for the purposes provided for in this Law, provided that such facts do not constitute a crime. Where any authority has knowledge of a possible infringement for this reason, it shall inform the competent authorities so that the appropriate sanctioning dossier can be instructed.

(d) Failure to comply with the measures imposed by reason of public security, periodic presentation or removal of borders or nuclei of population concretized, in accordance with the provisions of this Law.

e) The commission of a third minor infraction, provided that within a period of a previous year it has been sanctioned by two minor faults of the same nature.

f) The participation by the foreigner in carrying out activities contrary to the public order foreseen as serious in the Organic Law 1/1992, of 21 February, on the Protection of Citizen Security.

g) The departures of the Spanish territory by non-authorized posts, without exhibiting the intended documentation or contravening the legally imposed prohibitions.

h) Failure to comply with Article 4 (2) obligation.

2. They are also serious violations:

(a) Do not discharge, in the corresponding Social Security Scheme, the foreign worker whose residence and employment authorization has been applied for, or not to register the employment contract with the conditions which served as a basis for the application, where the employer is aware that the worker is legally in Spain entitled to the commencement of the employment relationship. However, the employer who communicates to the competent authorities the concurrence of oversold reasons which could put the viability of the undertaking at risk or who, in accordance with the legislation, would prevent this liability from being the start of that relationship.

(b) Contract marriage, simulate an analogous affective relationship or constitute a legal representative of a minor, where such conduct is made for profit or for the purpose of obtaining an undue right of residence, provided that such facts do not constitute a crime.

(c) Promote the irregular stay in Spain of a foreigner, when his legal entry has received an express invitation from the infringer and continues to his position after the period of time allowed by his visa or authorisation. To graduate the penalty will take into account the concurrent personal and family circumstances.

(d) To confirm the registration of a foreigner in the Municipal Register by the holder of a dwelling entitled to that end, when such dwelling does not constitute the actual domicile of the foreigner. An infringement shall be incurred for each person unduly registered. "

Fifty-seven. Article 54 is worded as follows:

" Article 54. Very serious infringements.

1. These are very serious violations:

(a) Participate in activities contrary to national security or which may impair the relations of Spain with other countries, or be involved in activities contrary to the public order envisaged as very serious in the Law Organic 1/1992, of February 21, on the Protection of Citizen Security.

(b) To produce, promote, encourage or facilitate for profit, individually or as part of an organization, the clandestine immigration of persons in transit or destined for the Spanish territory or its permanence in it, provided that the event does not constitute a crime.

(c) Conduct of discrimination on racial, ethnic, national or religious grounds under the terms of Article 23 of this Law, provided that the fact does not constitute a crime.

(d) The hiring of foreign workers without prior authorization of residence and work, incurring an infringement for each of the employed foreign workers, provided that the event does not constitute a crime.

e) Make, for profit, the infringement provided for in point (d) of paragraph 2 of the previous article.

f) Simulate the employment relationship with a foreigner, when such conduct is made for profit or for the purpose of improperly obtaining rights recognized in this Law, provided that such acts do not constitute a crime.

g) The commission of a third serious infringement provided that within a period of a previous year it has been sanctioned for two serious faults of the same nature.

2. They are also very serious infringements:

(a) Failure to comply with the obligations laid down for the carriers in Article 66 (1) and (2

.

(b) The carriage of foreigners by air, sea or land, to the Spanish territory, by the persons responsible for transport, without having checked the validity and validity of both the passports, the relevant travel or identity documents, such as, where applicable, a visa, from which the foreign persons referred to are to be holders.

(c) Failure to comply with the obligation of carriers to take over without a loss of time from abroad or transported which, due to deficiencies in the documentation referred to above, has not been authorised to enter into Spain, as well as from abroad transported in transit which has not been transferred to its country of destination or which has been returned by the authorities of this country, when not authorized to enter it.

This obligation shall include the maintenance costs of the said foreigner and, if requested by the authorities responsible for the control of entry, the transport derivatives of that foreign country, which shall be immediately, either by means of the company which is the subject of a sanction or, failing that, by another transport undertaking, with a direction to the State from which it has been transported, to the State which issued the travel document with which it has travelled or any other State where their admission is guaranteed.

3. By way of derogation from the foregoing paragraphs, it shall not be considered as an infringement of this Law to transport to the Spanish border a foreigner who, having submitted without delay his application for international protection, is is admitted to processing, in accordance with the provisions of Law 12/2009 of 30 October on the right of asylum and subsidiary protection. "

Fifty-eight. Article 55 is worded as follows:

" Article 55. Penalties.

1. The offences listed in the preceding articles shall be sanctioned in the following

:

a) The minor infractions with a fine of up to 500 euros.

b) Serious infractions with a fine of 501 up to 10,000 euros. In the case referred to in Article 53.2.a) of this Law, in addition to the sanction indicated, the employer shall also be obliged to cover the costs of the journey.

(c) Very serious infringements with a fine from 10,001 up to EUR 100,000, except as provided for in Article 54.2.b), which shall be fined 5,000 to EUR 10,000 for each passenger transported or with a minimum of EUR 750,000 per Flat rate, irrespective of the number of passengers transported. Article 66.1 (a) in conjunction with Article 66.1 provides a fine of 10,001 up to EUR 100 000 for each journey carried out without having communicated the data of the persons transported or having communicated them incorrectly, with the independence of the Government of the Government of the Government of the Government of the Member States of the European Union and of the Member States of the European Union

2. The imposition of penalties for the administrative violations established in this Organic Law shall be the responsibility of the Deputy Government Delegate or the Government Delegate in the Autonomous Communities. Where an Autonomous Community has jurisdiction in the field of initial authorization of foreign work, the imposition of the penalties laid down in this Law in the cases of infringement referred to in the following paragraph shall be the responsibility of the Autonomous Community and shall be exercised by the Authority which it determines, within the scope of its powers.

In the cases referred to as a minor infringement of Article 52.c (d) and (e), serious of Article 53.1.b), and (e) of Article 54 (1) (d) and (f) of Article 54 (2) (a), the sanctioning procedure shall be initiated by the Work and Social Security, in accordance with the provisions of the sanctioning procedure for violations of the social order, corresponding to the imposition of the sanctions against the authorities referred to in the previous paragraph.

In the cases of participation in activities contrary to national security or which may impair the relations of Spain with other countries, as provided for in Article 54 (1) (a), in accordance with the procedure laid down in the procedure Sanctions shall be imposed by the Secretary of State for Security.

3. For the purposes of the graduation of the sanctions, the body competent to impose them shall comply with the criteria of proportionality, assessing the degree of guilt and, where appropriate, the damage or risk arising from the offence and its significance.

4. In order to determine the amount of the penalty, account shall be taken of the economic capacity of the offender.

5. Unless they belong to a third party not responsible for the infringement, in the case of Article 54 (1) (b), vehicles, vessels, aircraft, and any movable or immovable property of any kind shall be seized. the nature of the infringement has been used as a tool for the commission.

In order to ensure the effectiveness of the comiso, the goods, effects and instruments referred to in the previous paragraph may be apprehended and placed at the disposal of the governmental authority, from the first interventions, to results of the sanctioning file that will resolve the relevant in relation to the seized goods.

6. In the event of the infringement provided for in Article 54 (1) (d) of this Law, the governmental authority may, without prejudice to the appropriate sanction, adopt the closure of the establishment or premises from six months to five years.

7. If the penalty for an infringement provided for in Articles 52.e or 54.1 (d) of this Law were subcontractor to another company, the main contractor and all the intermediate subcontractors who knew that the approved undertaking employed In the absence of a corresponding authorization, they will respond, in solidarity, both to the economic sanctions arising from the sanctions, and to the other liabilities arising from such events that correspond to the employer with the Public administrations or with the worker. The intermediate contractor or subcontractor may not be held liable if it has complied with due diligence as defined in the performance of its contractual obligations. '

Fifty-nine. Article 57 is worded as follows:

" Article 57. Expulsion from the territory.

1. Where the offenders are foreign nationals and carry out the conduct of a classification as very serious, or serious conduct as referred to in paragraphs (a), (b), (c), (d) and (f) of Article 53.1 of this Law, it may be applied, in accordance with the principle of proportionality, rather than the penalty of fine, the expulsion of the Spanish territory, subject to the processing of the relevant administrative file and by means of a reasoned decision to assess the facts of the infringement.

2. Furthermore, it will be the cause of expulsion, after processing the relevant file, that the foreigner has been convicted, in or outside Spain, for a wilful conduct that constitutes in our country a crime punishable by deprivation of A maximum of one year, unless the criminal record has been cancelled.

3. In no case shall the penalties for expulsion and fine be imposed together.

4. The expulsion will entail, in any case, the extinction of any authorization to remain legally in Spain, as well as the file of any procedure that would have as object the authorization to reside or to work in Spain from abroad expelled. The expulsion may, however, be revoked in cases which are determined to be regulated.

In the case of the infractions provided for in points (a) and (b) of Article 53.1 of this Law, except for reasons of public order or national security, if the foreigner is the holder of a residence permit A valid certificate issued by another Member State shall, by means of diligence in the passport, be given the obligation to apply immediately to the territory of that State. If this warning is not met, the expulsion file shall be processed.

5. The expulsion penalty may not be imposed, unless the offence committed is that provided for in Article 54 (1) (a), or has a recurrence in the commission, within one year, of an infringement of the same nature. punishable by expulsion, to foreigners who are in the following cases:

(a) Those born in Spain who have legally resided in the last five years.

b) Long-lived residents. Before taking the decision on the expulsion of a long-term resident, the time of his residence in Spain and the links created, his age, the consequences for the person concerned and the members of his family must be taken into consideration. and the links with the country to which he will be expelled.

(c) Those who have been Spanish of origin and have lost Spanish nationality.

(d) Those who are beneficiaries of a permanent disability benefit for work as a result of an accident at work or occupational disease occurring in Spain, as well as those who receive a benefit (a) contributory to unemployment or to be beneficiaries of a public health care provision intended to achieve social or occupational integration or reintegration.

Nor will it be possible to impose or, if necessary, execute the expulsion sanction to the spouse of the foreigner who is in one of the situations mentioned above and who has legally resided in Spain for more than two years. years, or their children, children, children, or children with disabilities who are not objectively able to provide their own needs due to their health status, that they are in charge of.

6. Expulsion may not be carried out when the principle of non-refoulement is conculmarde, or it affects pregnant women, where the measure may be a risk to the pregnancy or to the health of the mother.

7. (a) Where the alien is prosecuted or charged in a court proceeding with a crime or a fault for which the law provides for a custodial sentence of less than six years or a penalty of different nature, and the fact that he is accredited in the administrative file of expulsion, as soon as possible and in any event not exceeding three days, the Judge, after hearing the Ministry of Public Prosecutor's Office, shall authorize it unless, in a reasoned manner, he appreciates the existence of circumstances which justify their refusal.

In the event that the foreigner is subject to several criminal proceedings carried out in various courts, and these facts are established in the administrative expulsion file, the governmental authority will urge all the authorisation referred to in the preceding paragraph.

(b) Notwithstanding the foregoing paragraph (a), the judge may authorize, at the request of the person concerned and after hearing the Prosecutor's Office, the departure from the foreign territory of the Spanish territory in the manner determined by the Law of Criminal prosecution.

(c) The forecasts contained in the preceding paragraphs shall not apply in the case of offences defined in Articles 312.1, 313.1 and 318 bis of the Criminal Code.

8. Where foreigners, whether resident or not, have been convicted of conduct classified as criminal offences under Articles 312.1, 313.1 and 318 bis of the Criminal Code, expulsion shall take effect once the custodial sentence has been completed.

9. The expulsion order must be notified to the person concerned, with an indication of the remedies which may be brought against it, an organ before which they may be submitted and the time limit for submitting them.

10. In the case of expulsion of a long-term resident of another Member State of the European Union in Spain, such expulsion may be effected only outside the territory of the Union where the offence committed is one of the provided for in Articles 53.1 (d) and (f) and (f) and (f) and (b) of this Organic Law, and the competent authorities of that Member State shall be consulted on this matter prior to the adoption of that expulsion decision. If these requirements are not met for expulsion to take place outside the territory of the Union, it shall be made to the Member State in which the long-term residence was recognised. '

Sixty. Article 58 is worded as follows:

" Article 58. Effects of eject and return.

1. The expulsion will lead to the prohibition of entry into Spanish territory. The duration of the prohibition shall be determined in accordance with the circumstances in each case and shall not exceed five years.

2. Exceptionally, where a 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.

In circumstances that are determined to be regulated, the competent authority shall not impose the prohibition of entry when the alien has left the national territory during the processing of a file administrative penalties for any of the cases referred to in points (a) and (b) of Article 53.1 of this Law, or revoke the entry ban imposed for the same reasons, when the foreigner leaves the national territory in the period of voluntary compliance provided for in the expulsion order.

3. No expulsion file shall be required for the return of foreigners in the following cases:

(a) Those who have been expelled contravene the prohibition of entry into Spain.

b) Those who intend to enter the country illegally.

4. Where an application for international protection is made by persons who are in one of the cases referred to in the preceding paragraph, the refund may not be carried out until the admission to the application has been decided upon. processing of the request, in accordance with international protection regulations.

Pregnant women may also not be returned when the measure may pose a risk to pregnancy or to the health of the mother.

5. The return will be agreed upon by the governmental authority responsible for expulsion.

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

7. The refund referred to in subparagraph (a) of paragraph 3 of this Article shall result in the re-initiation of the calculation of the entry ban period which has been agreed upon in the resolution of the broken expulsion. Also, any refund agreed pursuant to paragraph (b) of this Article shall be prohibited for entry into Spanish territory for a maximum period of three years. "

Sixty-one. Article 59 is worded as follows:

" Article 59. Collaboration against organized networks.

1. A foreigner who is irregularly in Spain and is a victim, injured or witnessed an act of illicit trafficking in human beings, illegal immigration, labour exploitation or illicit trafficking in labour or exploitation in prostitution abuse of their situation of need, may be exempted from administrative responsibility and shall not be expelled if it denounces the authors or cooperators of such traffic, or cooperates and cooperates with the competent authorities, providing data essential or testifying, if any, in the corresponding process against those authors.

2. The competent administrative bodies responsible for the examination of the sanctioning dossier shall inform the person concerned of the provisions of this Article in order to decide whether they wish to avail themselves of this route, and shall make the appropriate proposal. the authority to be resolved, which may grant a provisional authorisation of residence and work in favour of a foreigner, in accordance with the procedure laid down in law.

The instructor of the sanctioning file shall report the proceedings in relation to this paragraph to the authority responsible for the instruction of the criminal proceedings.

3. Foreigners who have been exempted from administrative responsibility may be provided, at their choice, with the return to their country of origin or the authorisation of residence and work due to exceptional circumstances, and facilities. for their social integration, in accordance with the provisions of this Law, ensuring, where appropriate, their security and protection.

4. Where the Prosecutor's Office is aware that a foreigner, against whom an expulsion order has been issued, appears in criminal proceedings as a victim, injured or witness and considers that his presence is essential for the practice of judicial proceedings, shall make it clear to the competent governmental authority that it shall assess the failure to carry out its expulsion and, in the event that the expulsion has been carried out, the same shall be done for the purposes of authorising its expulsion. returned to Spain for the time necessary to be able to practice the precise measures, without prejudice to the adoption of some of the measures provided for in Organic Law 19/1994 of 23 December 1994 to protect witnesses and experts in criminal cases.

5. The provisions of this Article shall also apply to minors who are minors, the age and maturity of which must be taken into account in the procedure and, in any case, the prevalence of the principle of the best interests of the child.

6. The conditions for the collaboration of non-governmental non-governmental organisations which are intended to receive and protect victims of the offences referred to in the first paragraph shall be developed. "

Sixty-two. A new Article 59a is added with the following wording:

" Article 59a (new). Victims of trafficking in human beings.

1. The competent authorities shall take the necessary measures to identify the victims of trafficking in persons in accordance with Article 10 of the Council of Europe Convention on the fight against trafficking in human beings, 16 May 2005.

2. The administrative bodies responsible for the investigation of the sanctioning file, when they consider that there are reasonable grounds for believing that a foreign person in an irregular situation has been a victim of trafficking in human beings, shall inform the Person concerned with the provisions of this Article and shall raise to the competent authority for a resolution the appropriate proposal on the granting of a period of return and reflection, in accordance with the procedure laid down regulentarily.

This period of reestablishment and reflection will last for at least 30 days and must be sufficient to enable the victim to decide whether he wishes to cooperate with the authorities in the investigation of the crime and, in his case, in criminal proceedings. During this period, the temporary stay shall be authorized and the administrative file shall be suspended for any penalty that has been initiated or, where appropriate, the execution of the expulsion or return of the contract. The competent authorities shall also, during the said period, ensure that the person concerned is subsistence and, if necessary, the security and protection of the person concerned.

3. The period of restoration and reflection may be refused or revoked on grounds of public order or where it is known that the victim status has been invoked unduly.

4. The competent authority may declare the victim free of administrative responsibility and may, at his choice, provide the victim with the assisted return to his/her country of origin or the authorisation of residence and work for exceptional circumstances. where it considers it necessary because of its cooperation for the purposes of investigation or criminal proceedings, or in the light of its personal situation, and facilities for its social integration, in accordance with the provisions of this Law. In addition, as long as the procedure for the authorisation of residence and work is resolved in exceptional circumstances, a provisional authorisation of residence and work may be provided for in terms to be determined in a regulated manner.

In the processing of the authorizations referred to in the preceding paragraph, it will be possible to exempt from the contribution of those documents whose obtaining poses a risk to the victim.

5. The provisions of this Article shall also apply to foreign persons under the age of age, taking into account the age and maturity of such persons and, in any case, the prevalence of the child's best interests.

6. The conditions for the collaboration of non-governmental non-governmental organisations which aim at the reception and protection of victims of trafficking in human beings will be developed. "

Sixty-three. Article 60 is worded as follows:

" Article 60. Effects of Denial of Entry.

1. Foreigners who are denied entry as provided for in Article 26.2 of this Law will be obliged to return to their point of origin.

The resolution of the refusal of entry will entail the immediate adoption of the necessary measures for the foreigner to return as soon as possible. When the return was delayed for more than seventy-two hours, the authority that would have refused entry will be directed to the Judge of Instruction to determine where to be interned until that time.

2. The places of detention for foreigners will not be penitentiary, and will be equipped with social, legal, cultural and health services. Foreign nationals shall be deprived only of the outpatient right.

3. The foreign national during his detention will be at all times available to the judicial authority that authorized him, and any circumstance in relation to the situation of the foreigners should be communicated to the governmental authority. boarding.

4. The detention of a foreigner for the purposes of return as a result of the refusal of entry shall be communicated to the Ministry of Foreign Affairs and to the embassy or consulate of his country. '

Sixty-four. A new point (f) is added to Article 61 (1):

"f) Any other precautionary measure that the judge deems appropriate and sufficient."

Sixty-five. Article 62 is worded as follows:

" Article 62. Admission to detention centres.

1. The file is opened by one of the cases referred to in points (a) and (b) of Article 54.1, in points (a), (d) and (f) of Article 53.1 and in Article 57.2 of this Organic Law in which the expulsion of Spanish territory may be proposed, The instructor may request the competent Instruction Judge to arrange the entry of the foreigner into a detention facility pending the completion of the prosecution of the sanctioning file.

The Judge, after hearing the person concerned and the Prosecutor's Office, shall decide by reasoned order, in which, in accordance with the principle of proportionality, he shall take account of the circumstances and, in particular, the risk of failure to appear for lack of domicile or identification documentation, actions abroad to make it difficult or to avoid expulsion, as well as the existence of prior administrative punishment or sanctions and other processes criminal proceedings or administrative proceedings pending. Also, in the event of a serious illness from abroad, the judge shall assess the risk of detention for public health or the health of a foreigner.

2. Detention shall be maintained for the time required for the purposes of the file, its maximum duration being 60 days, and no new detention may be agreed for any of the reasons provided for in the same file.

3. Where the conditions described in paragraph 1 have ceased to be fulfilled, the foreign national shall be immediately released by the administrative authority which is in charge of him, in the knowledge of the Judge who authorised his detention. Similarly and for the same reasons, the end of the detention and the immediate release of the foreigner by the Judge may be ordered, either on his own initiative or at the initiative of the Prosecutor's Office.

4. The entry of minors in detention centres shall not be agreed without prejudice to the provisions of Article 62a 1. (i) of this Law. Unaccompanied foreign minors who are in Spain will be made available to the public authorities for the protection of minors under the Organic Law on the Legal Protection of the Child and in accordance with the rules laid down in Article 35 of this Law.

5. The opening of the file, the precautionary detention and detention measures and the final decision of the expulsion file from abroad shall be communicated to the Ministry of Foreign Affairs and to the embassy or consulate of your country.

6. For the purposes of this Article, the Judge competent to authorize and, where appropriate, to leave the detention without effect shall be the Judge of Instruction of the place where the detention is practiced. The Judge responsible for the control of the stay of the foreigners in the Centers of Internment and in the Chambers of Inadmission of Borders, will be the Judge of Instruction of the place where they are located, and must be designated a concrete those judicial parties in which there are several. This Judge will know, without further appeal, of the petitions and complaints raised by the inmates as soon as they affect their fundamental rights. You may also visit such centres when you know of any serious non-compliance or when you consider it appropriate. "

Sixty-six. Article 62a is worded as follows:

" Article 62a. Rights of foreign nationals.

1. The internment centres of foreigners are public establishments of a non-penitentiary nature; the admission and stay in them will have only preventive and precautionary purposes, safeguarding the rights and freedoms recognized in the legal order, without more limitations than those established for their outpatient freedom, in accordance with the content and purpose of the agreed income measure. In particular, the alien subject to detention has the following rights:

a) To be informed of your situation.

b) To ensure respect for their life, physical integrity and health, without being able in any case to be subjected to degrading treatment or to abuse of words or work and to the preservation of their dignity and their privacy.

(c) to facilitate the exercise of the rights recognized by the legal system, without further limitations than those arising from their detention.

d) To receive appropriate medical and health care and be assisted by the center's social assistance services.

(e) To be communicated immediately to the person designating in Spain and his lawyer the entry into the center, as well as to the consular post of the country of which he is a national.

f) To be assisted by a lawyer, which shall be provided ex officio in his case, and to communicate with himself, even outside the general hours of the centre, when the urgency of the case justifies it.

g) To communicate on the schedule established at the center, with their family members, consular officers of their country or other persons, who may only be restricted by judicial resolution.

h) To be assisted by interpreter if you do not understand or speak Spanish and free of charge, if you have no financial means.

i) To have in your company your children, provided that the Fiscal Ministry reports favorably such a measure and there are in the center modules that guarantee the unity and family intimacy.

j) To contact non-governmental organizations and national, international and non-governmental organizations for the protection of immigrants.

2. The centres will have sufficient resources to provide social and health care services. The conditions for the provision of these services shall be developed regulatively.

3. Organisations legally established in Spain for the protection of immigrants and relevant international organisations may visit detention centres; the conditions of such facilities shall be regulated. "

Sixty-seven. Article 62b is worded as follows:

" Article 62 ter. Duties of foreign internees.

Foreign subject to internment will be obliged:

a) To remain in the center at the disposal of the Judge of Instruction who has authorized his entry.

(b) To observe the rules governing the centre and to comply with the general instructions given by the management and the individuals they receive from the officials in the legitimate exercise of their duties, maintenance of the order and the safety within it, as well as those relating to its own toilet and hygiene and the cleaning of the centre.

c) To maintain a correct civic activity and respect with the officials and employees of the center, with the visitors and with the other foreign nationals, abstaining from profiting insults or threats against them, or to promote or intervene in attacks, fights, disorders and other individual or collective acts that alter coexistence.

d) To preserve the good condition of the material installations, furniture and other effects of the center, preventing the deliberate deterioration or inuse, both of these and of the goods or belongings of the other foreigners entered or officials.

e) To undergo medical examination at the entrance and exit of the centre, as well as in those cases where, for reasons of collective health, appreciated by the medical service, and at the request of the medical service, the director of the center. "

Sixty-eight. Article 63 is worded as follows:

" Article 63. Preferred procedure.

1. In the case of a file in which the expulsion may be proposed as one of the cases referred to in Article 53.1 (d), (1) (f), (1) (a), (1) (b), (1) (b) and (5) (2), the processing of such expulsion shall be of a preferential nature.

Similarly, the preferential procedure shall apply where, in the case of the infringements referred to in Article 53 (1) (a), any of the following circumstances are given:

a) risk of failure to appear.

(b) the alien shall avoid or impede expulsion, without prejudice to the exercise of his rights.

(c) a foreigner represents a risk to public order, public security or national security.

In these cases, the voluntary departure period will not be granted.

2. During the processing of the preferential procedure, as well as at the stage of execution of the expulsion which would have fallen, the precautionary measures and the detention laid down in Articles 61 and 62 may be adopted.

3. The right of the foreigner to legal assistance shall be guaranteed, which shall be provided to him, if necessary, and to be assisted by interpreter, if he does not understand or speak Spanish, and free of charge in the event that he or she has no financial means.

4. The file will be transferred to the interested party of the duly motivated and written initiation agreement, in order to allow him to take whatever he considers appropriate within 48 hours, warning him of the consequences of not doing so.

5. If the person concerned, or his representative, does not make representations or make any proof of the content of the initiation agreement, or if they are not admitted, by reason of impropriety or unneeded, by the instructor of the evidence proposals, without changing the rating of the facts, the initiation agreement of the file will be considered as a motion for a resolution with referral to the competent authority to resolve.

To estimate the test proposition, it will be performed within the maximum three days.

6. In the case of Article 53 (1) (a) and (b), where the foreign national proves that he has previously applied for a temporary residence permit in accordance with Article 31.3 of this Law, the body responsible for The removal of the expulsion shall be suspended until the application has been resolved, following the case of a refusal.

7. The execution of the expulsion order in the cases provided for in this Article shall be effected immediately. "

Sixty-nine. A new Article 63a is inserted, which is worded as follows:

" Article 63a. Ordinary procedure.

1. Where expulsion is processed for cases other than those provided for in Article 63, the procedure to be followed shall be the ordinary procedure.

2. The decision to adopt the expulsion dealt with by means of the ordinary procedure shall include a period of voluntary compliance for the person concerned to leave the national territory. The duration of that period shall be between seven and thirty days and shall begin counting from the time of notification of that decision.

The time limit for voluntary compliance with the expulsion order may be extended for a reasonable period of time in the light of the circumstances in each individual case, such as the length of stay, the duration of the stay, charge for school children or the existence of other family and social links.

3. At both the processing stage of the procedure and the time limit for voluntary compliance, some or some of the precautionary measures laid down in Article 61 may be adopted, except for the detention referred to in point (e). "

Seventy. Article 64 is worded as follows:

" Article 64. Execution of the eject.

1. The time limit for voluntary compliance has expired, without the foreigner having left the national territory, his arrest and driving will be carried out to the place of departure for which the expulsion is to be effective. If the expulsion cannot be carried out within a period of seventy-two hours, the measure of internment regulated in the preceding articles may be requested, which may not exceed the period laid down in Article 62 of this Law.

2. Both in the case of an extension of the period of voluntary compliance or of postponement or suspension of the execution of the expulsion, which shall be credited in a duly notified document to the person concerned, the security for the person concerned shall be taken into account affected foreign of:

(a) The maintenance of the family unit with the members who are in Spanish territory.

b) The provision of emergency health care and basic disease treatment.

c) Access for minors, depending on the length of their stay, to the basic education system.

d) The special needs of vulnerable people.

3. The execution of the expulsion order shall be carried out, where appropriate, at the expense of the employer who has been punished for the offences referred to in Article 53.2 (a) or (54,1) of this Law or, in the rest of the cases, at the expense of the foreigner if have economic means to do so. If none of these conditions are met, the diplomatic or consular representative of your country shall be notified of the appropriate effects.

4. Where a foreigner is detained on Spanish territory and found to have been issued a decision on expulsion by a Member State of the European Union, the decision shall be immediately implemented without the need for a new decision. removal file. The authorization of the Judge of Instruction may be requested for admission to an internment center, in order to ensure the execution of the expulsion sanction, as provided for in this Law.

5. The enforcement of the expulsion order shall be suspended when a request for international protection is formalised, until it has been admitted to processing or resolved, in accordance with the provisions of international protection rules.

6. Expulsion case opening will not be required:

(a) to proceed to the transfer, escorted by officials, of the applicants for international protection whose application has been admitted to proceedings pursuant to Law 12/2009, of October 30, regulating the right of asylum and subsidiary protection, when another State is responsible for examining the application, in accordance with the international conventions in which Spain is a party, when such a transfer takes place within the time limits laid down by the responsible State has an obligation to proceed with the study of the application.

b) to proceed to the transfer, escorted by officials, maintenance, or receipt, custody and transmission of travel documents, of foreign nationals carrying out a transit on Spanish territory, requested by a Member State of the European Union, for the purposes of repatriation or departure by air. '

Seventy-one. The second subparagraph of Article 66 (1) is worded as follows:

" The information shall be transmitted by telematic means, or, if this is not possible, by any other appropriate means, and shall be comprehensive of the name and surname of each passenger, of their date of birth, nationality, number of passport or travel document stating the identity and type of the travel document, border crossing point, transport code, time of departure and arrival of the transport, total number of persons transported, and initial place of boarding. The data in a temporary file shall be stored by the authorities in charge of the entry check, deleting the data after entry and within 24 hours of its communication, with the exception of needs in the exercise of its functions. Carriers must have reported this procedure to passengers, being obliged to delete the data within the same 24-hour period. "

Seventy-two. Article 68 is worded as follows:

" Article 68. Coordination of Public Administrations.

1. The Sectoral Immigration Conference is the body through which the appropriate coordination of the actions of the Public Administrations in the field of immigration will be ensured.

2. The Autonomous Communities which assume executive powers in the granting of the initial authorization of work, must develop them in necessary coordination with the state competences in the field of foreign, immigration and authorization of residence, in such a way as to ensure equality in the application of the rules of immigration and immigration throughout the territory, the speed of procedures and the exchange of information between the administrations necessary for the development of their respective competences. Coordination should be carried out by preserving the self-organization capacity of each Autonomous Community as well as its own system of territorial decentralization.

3. Prior to the granting of authorisations for rootedness, the Autonomous Communities or, where appropriate, the Councils, shall issue a report on the social integration of the foreigner whose habitual residence is on its territory. The contents of this report will be determined. In any case, the report will take into account the period of stay, the possibility of having housing and livelihoods, the links with family members resident in Spain, and the efforts of integration through the monitoring of sociolaboral and cultural insertion.

4. The Autonomous Communities which have assumed powers in the field of public security and public order by creating a police force may, where appropriate, provide a report on the affectation to public order in all the procedures of the residence permit or renewal thereof, referring to foreigners in Spain, in which the need for a government report is foreseen. Such a report shall be incorporated into the file as well as that which, where appropriate, shall be provided by the State Security Forces and Bodies in the exercise of their powers on public security. "

Seventy-three. Article 70 (1) is worded as follows:

" 1. The Forum for the Social Integration of Immigrants, constituted in a tripartite and balanced way, by representatives of the Public Administrations, the associations of immigrants and other organizations with interest and implementation in the Migration, including among them the most representative trade unions and employers ' organisations, is the body of consultation, information and advice on the integration of immigrants. "

Seventy-four. A new Article 72 is introduced, which is worded as follows:

" Article 72. Immigration Tripartite Labor Commission.

1. The Tripartite Labour Commission of Immigration is the collegiate body attached to the Ministry responsible for immigration, which is part of the most representative trade union and business organisations.

2. The Tripartite Labour Commission of Immigration will be informed on the evolution of the migratory movements in Spain and, in any case, will be consulted on the proposals of the catalogue of occupations of difficult coverage, those previewed in the article 39 of this Law and the hiring of seasonal workers to be determined.

3. The composition, the form of designation of its members, powers and the operating system shall be determined by the Ministerial Order. '

Seventy-five. A new subparagraph is added to paragraph 1 of the first provision, which would be worded as follows:

" 1. The maximum general period for notifying the decisions of the applications for authorisations to be made by the persons concerned within the meaning of this Law shall be three months from the day following that of the date on which they were issued. entry into the register of the body responsible for processing them, without prejudice to the maximum period of 15 calendar days laid down by Community legislation in respect of procedures for applying for transit or residence visas (as well as for exceptions provided for in the same for possible enlargement). After the deadline for notifying the decisions of the applications, except as provided for in the following paragraph, they may be deemed to be dismissed. '

Seventy-six. Paragraph 2 is amended and a paragraph 3 is inserted in the first provision with the following wording:

" 2. Applications for the extension of the residence permit, renewal of the work authorization, and applications for long-term residence permits to be issued by the persons concerned in accordance with the provisions of the present Organic Law shall be resolved and notified within the maximum period of three months from the day following the date on which they entered the register of the body responsible for processing them. After that period without the Administration having given an express reply, the extension or renewal shall be deemed to have been granted.

3. Requests for amendments to the territorial or occupation limitation of the initial residence and work authorisations shall be settled and notified by the competent regional or state administration within the maximum period of one month. After that time limit without the Administration having given an express reply, the application shall be deemed to have been granted. '

Seventy-seven. Paragraph 1 of the third additional provision is worded as follows:

" 1. Where the entitled subject is in Spanish territory, he shall submit personally the applications for residence and work authorisations in the records of the competent bodies for processing. Likewise, in the procedures in which the person entitled is an employer, the applications may be submitted by the employer, or by whom the business legal representation is validly held. Exceptions to the filing may be made to the competent body for processing or the need for personal submission of applications. "

Seventy-eight. A new paragraph is added in paragraph 2 of the third additional provision, which would be worded as follows:

" 2. Where the entitled subject is in foreign territory, the lodging of visa applications and their collection shall be carried out in person in the presence of the diplomatic mission or consular post in which the person concerned is demarcated. Exceptionally, 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 or difficulties of transport, are established. making the journey particularly burdensome, it may be agreed that the visa application may be submitted by duly accredited representative.

Without prejudice to the provisions of the preceding paragraph, in the case of lodging of applications and the collection of visas for the stay, transit and residence for family reunification of minors, both formalities may be carried out by duly accredited representative.

In any event, the diplomatic mission or consular post may require the appearance of the applicant and, when deemed necessary, maintain a personal interview.

The provisions of this paragraph shall be without prejudice to the provisions laid down in Community legislation implementing the common visa policy with regard to the possibility of concluding agreements with other Member States of the European Union. European Union for the purposes of representation in third States, in respect of procedures for the application of transit or stay visas. '

Seventy-nine. The fourth additional provision is worded as follows:

" Additional provision fourth.

1. The competent authority to resolve the application of the procedures laid down in this law shall be inadmissible in the following cases:

a) Lack of legitimation of the applicant, or insufficient accreditation of the representation.

b) Submission of the application outside the legally established deadline.

c) In the case of reiteration of an application already denied, provided that the circumstances that led to the refusal have not changed.

(d) Where an administrative procedure is established against the applicant in which the expulsion may be proposed or where an expulsion, judicial or administrative order has been ordered against the applicant, unless, the latter case, the expulsion order would have been revoked or be found in one of the cases covered by Articles 31a, 59, 59a or 68.3 of this law.

e) When the applicant is prohibited from entering Spain.

f) In the case of applications manifestly lacking in substance.

(g) When referring to foreigners who are in Spain in an irregular situation, unless they are in one of the cases referred to in Article 31 (3).

h) When such request is not made personally and such circumstance is required by law.

2. In procedures relating to visa applications for transit or stay, the competent authority to resolve the applications shall not accept applications in the following cases:

(a) Submission of the application outside the period of the three months preceding the beginning of the journey.

b) Presentation of the application in a document other than the officially established model for the purposes.

(c) No valid travel document contribution at least up to three months after the date (if applicable, last date) of departure from the territory of the Member States of the European Union; in which at least two blank pages; and issued within ten years prior to the submission of the visa application.

(d) Where the applicant's photograph is not provided in accordance with the provisions of the European Union Visa Information System (VIS) regulatory regulations.

e) When the requester's biometric data has not been taken.

f) When the visa fee has not been paid. "

Eighty. The fifth additional provision is worded as follows:

" Additional disposal fifth. Access to information, collaboration between public administrations and IT management of procedures.

1. In the fulfilment of the objectives assigned to them, and with full respect to the law in force, the public administrations, within their competence, will collaborate in the transfer of data relating to the persons who are considered interested in the procedures regulated in this Organic Law and its implementing rules.

2. For the sole purpose of completing the actions which the organs of the General Administration of the State competent in the procedures regulated in this Organic Law and its implementing rules have entrusted, the State Agency Tax administration, the General Treasury of Social Security and the National Statistics Institute, the latter in relation to the Municipal Register of Inhabitants, will provide those with direct access to the files in which they work they must be recorded in those files, and without the consent of the interested, in accordance with data protection legislation.

Similarly, the former agencies will provide the Autonomous Communities with the information necessary to exercise their powers over initial work authorizations without the consent of the interested.

3. The processing of the procedures in relation to foreign nationals arising from compliance with the provisions of this Law, will be carried out on a common computer application whose implementation and coordination with respect to the other Departments involved will be the responsibility of the Ministry of Labour and Immigration. Such implementation, ensuring the protection of personal data, shall record information and data relating to foreigners and citizens of the European Union resident in Spain and their authorisations, shall promote compliance with the established by the legislation on the electronic access of citizens to public services and will allow the knowledge, in real time, of the situation of the requests for authorization regulated in this Law by the organs (i) administrative procedures which are competent in each of the phases of the procedure, as well as their intervention in the which falls within its sphere of competence. In addition, the IT application will enable the generation of statistical databases by the intervening administrations to obtain up-to-date and reliable information on the measures relating to immigration and the foreignness.

In compliance with the provisions of the Community legislation on the subject, the processing of procedures relating to transit and stay visas will be carried out on the computer application specifically created for the effects, dependent on the Ministry of Foreign Affairs and Cooperation, which will be interconnected with the common IT application, in order to provide information on the requested visa data in the database of the latter. granted at the Spanish consular offices or diplomatic missions abroad.

The Interior Ministry, in accordance with its powers in the field of public order, public security and national security, will maintain a central registry of foreigners. Regulation shall establish the interconnection which, where appropriate, is necessary for the information which may have an impact on the administrative situation of foreigners in Spain to be included in the common information system.

4. Where the Autonomous Communities, in the field of their jurisdiction, intervene in any of the procedures regulated in this Law, it shall be ensured that their participation in the computerised procedures meets common standards which guarantee the necessary coordination of the action of all the administrative bodies involved. Similarly, the common IT application shall give access to the Autonomous Communities with powers in respect of the authorization of work to the information necessary for the exercise of its powers, which shall include the information relating to the granting and extinguishing of family reunification authorisations granted on their territory and of the high social security entitlements of the initial work authorisations granted by them.

5. The Permanent Observatory of Immigration will bring together the set of statistical information available in the field of foreign affairs, immigration, international protection and nationality, regardless of Public Administration, Department Ministerial or Body responsible for its elaboration, in order to serve as a system of analysis and exchange of qualitative and quantitative information related to migratory movements at the service of the entities responsible for to manage public policies in such matters. "

Eighty-one. The sixth additional provision is worded as follows:

" Additional disposal sixth. Readmission agreements.

To foreigners who, under the agreements that regulate the readmission of persons in irregular situations subscribed by Spain, must be delivered or sent to the countries of which they are nationals or from which they have been transferred to the Spanish territory, the provisions of these agreements and their implementing rules will apply to them.

Such agreements will contain clauses of respect for human rights under the terms of international treaties and conventions.

In the event that the holder of the blue card of the U.E. granted in Spain was the subject of a repatriation measure in another Member State, the validity of the original authorization to remain in Spain has been extinguished. that State or by refusing its application to reside in it, shall be readmitted without any other formality, including, where appropriate, the members of its family previously regrouped. '

Eighty-two. A new additional provision is added as follows:

" Additional provision ninth. Autonomic authorities of work at source.

In the framework of collective procurement procedures, autonomous communities with executive powers in the field of work authorizations may establish services to facilitate the processing of corresponding visas to Spanish consulates, as well as promoting the development of host programs for foreign workers and their families. "

Eighty-three. The fourth final provision is worded as follows:

" Final disposition fourth. Non-organic precepts.

1. The precepts contained in the following articles of this Law are organic in nature: 1, 2, 3, 4.1, 4.3, 5, 6, 7, 8, 9, 11, 15, 16, 17, 18, 18 bis, 19, 20, 21, 22.1, 23, 24, 25, 25a, 27, 29, 30, 30a, 31, 31 bis, 33, 34, 36, 37, 39, 40, 41, 42, 53, 54, 55, 57, 58, 59, 59 bis, 60, 61, 62, 62a, 62 ter, 62 quater, 62 quinquies, 62 sexies, 63, 63a, 64, 66, 71, additional third to eighth provisions and final provisions.

2. The precepts not included in the previous paragraph are not organic in nature. "

Eighty-four. A final fifth bis provision is added with the following wording:

" Final disposition fifth bis. Community Visa Code.

The provisions of this Law on transit and stay visas shall be without prejudice to the provisions of Regulation (EC) No 810/2009 of 13 July 2009 establishing a Community Code on visas for transit and residence visas Visas. "

Additional disposition first. Replacement of the term permanent residence with long-term residence.

All references to the terms permanent residence or permanent resident contained in the Legal Order shall be construed as referring to the long-term residence or resident.

Additional provision second. Family reunification of Spanish nationals with respect to their national family members from third countries.

Reglamentarily, special conditions may be established more favorable than those provided for in this Law for the family reunification exercised by the Spaniards.

Additional provision third. Regime of internment of foreigners.

The government will, within six months, approve a regulation that will develop the internment regime for foreigners.

Additional provision fourth. Amendment of the Organic Law 6/1985, of July 1, of the Judiciary.

A new paragraph 2 is added to Article 87 of the Organic Law 6/1985 of July 1, of the Judiciary, which is worded as follows:

" 2. In addition, the courts of instruction shall know of the authorization of the internment of foreign nationals in the detention centres, as well as of the control of their stay in the detention centres and in the halls of inadmission of borders. They will also be aware of the petitions and complaints raised by the inmates as to how they affect their fundamental rights. "

Additional provision fifth. Amendment of the Law, of 8 June 1957, of the Civil Registry.

A new paragraph is added to Article 63 of the Act, of 8 June 1957, of the Civil Registry, which is worded as follows:

" Article 63.

The granting of nationality by residence shall be made, upon file, by the Ministry of Justice.

The competent authorities for the processing and resolution of applications for the acquisition of the nationality by residence, for the sole purpose of resolving the application submitted by the person concerned, shall obtain ex officio the competent public administrations as many reports as are necessary to verify whether the applicants meet the requirements of Article 22 of the Civil Code, without the consent of the persons concerned being required.

In any case, the interested party may provide a report issued by the Autonomous Community for the purpose of crediting their integration into Spanish society. "

Additional provision sixth. Validation of foreign qualifications.

The government will take the necessary steps to speed up the processing of the procedures for the approval and validation of overseas qualifications.

Additional provision seventh.

In order to facilitate the control of the Government by the General Cortes, it will prepare and transmit annually a report with the qualitative and quantitative analysis of the data analyzed by the Observatory. Permanent Immigration related to migratory movements, and especially the procedures of migratory flows of a labor nature.

Single repeal provision. Regulatory repeal.

All rules of equal or lower rank are repealed in what is contradicted or opposed to this Act.

Final disposition first. Organic precepts.

The paragraphs of the single article of this Law that modify precepts that have such a nature according to the fourth final provision of the Organic Law 4/2000, of January 11, of rights and liberties of the foreigners in Spain, as well as their additional, transitional and final provisions.

There is no organic character of the additional fifth provision amending the Act of 8 June 1957 of the Civil Registry.

Final disposition second. Competency enablement.

The provisions of this Law, which do not have an organic character, shall be construed as being in accordance with the provisions of Article 149.1.1. and 2. of the Constitution.

Final disposition third. Regulatory adaptation.

1. The Government, within six months of the publication of this Organic Law, will dictate how many implementing and development provisions are necessary.

2. The content of the resolution of the Secretary of State for Immigration and Emigration of 28 February 2007 on the agreement on the approval of the instructions for the procedure for determining the procedure for determining the authorise the entry, residence and work in Spain of foreign nationals in whose professional activity there are reasons of economic, social or employment interest, or relating to the carrying out of research or development work or teachers, which require high qualification, or artistic performances of particular cultural interest. Such regulation should include small and medium-sized enterprises.

Final disposition fourth. Entry into force.

This Law shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this organic law.

Madrid, 11 December 2009.

JOHN CARLOS R.

The President of the Government,

JOSE LUIS RODRIGUEZ ZAPATERO