The modification of the Aliens Regulation through Royal Decree 629/2022 of 26 July was published in the BOE on 27 July and came into force on 16 August, and is fully effective in the Basque Country.
The Royal Decree amends several articles of Decree 557/2011 of 20 April, the most representative changes being those relating to the study authorisation and the creation of the “arraigo por estudios”.
These are the 10 changes you need to know about in order to study or work in the Basque Country from 16 August 2022.
1- Authorisation for studies
This modification allows foreign university students or students on regulated courses to combine a job (self-employed or freelance) with the labour market, without waiting for 3 years to have elapsed.
This change is a great improvement for all those people who want to study in the Basque Country and enter the labour market directly (for example, it is now possible to do a one-year master’s degree and not have to wait 3 years to start working).
From 16 August 2022 the study authorisations to be processed will allow:
- Work as an employee or self-employed person, without the need to obtain a work permit and provided that the work is compatible with the completion of studies, as long as they are higher studies or regulated training for employment or aimed at obtaining a certificate of professionalism or certification of technical aptitude or professional qualification necessary for the exercise of a specific occupation.
- A work permit is not required for curricular placements.
- Working time may be a maximum of 30 hours per week.
- In all other cases where the studies are not higher, regulated or vocational, a work permit must be obtained.
- The 3-year stay requirement for students to obtain a work visa is abolished, allowing them to enter the labour market after training for shorter periods.
2- Family reunification
The amount to be received for reunification is reduced in relation to the IPREM, which in 2022 was set at 579.02 euros per month:
- In the case of family units that include, counting the applicant and upon arrival in Spain, the reunited person (two members): an amount representing 150% of the IPREM per month will be required.
- In the case of family units that include, upon arrival in Spain of the reunited person, more than two persons: an amount representing 50% of the IPREM per month for each additional member.
- If this amount is not reached, the family reunification of the children shall be granted if the sponsor can prove financial means from a stable source of income equal to or higher than the minimum interprofessional wage.
- For those cases in which this amount is not reached and according to the situation of the reunited person, for a family unit of two members, one of them being a minor, 110% of the amount of the guaranteed income of the Minimum Vital Income will be required on an annual basis and, for each additional minor, an additional 10% will be required, with a maximum limit of 150% of this income.
3- New roots for training (New arraigo para la formación)
Since 16 August, a new figure has been created that will allow the regularisation of persons in an irregular situation on the condition that they undertake regulated training for employment.
A 12-month residence permit shall be issued. This authorisation may be renewed once for a further 12 months if training so requires.
During these months of residence authorisation, you will be in a legal situation to be able to apply for a job.
The requirements in the Basque Country (and in the rest of Spain) for accessing this employment status are as follows:
- The foreigner must have been in Spain for a continuous period of at least two years (from 12 August 2022).
- That there is a commitment to undertake regulated training for employment, a certificate of professionalism or a certificate of technical aptitude or professional qualification, specific occupation or one promoted by the Public Employment Services or by LANBIDE and oriented towards the performance of occupations included in the Catalogue referred to in article 65.1 of the Regulation on foreigners or, in the field of lifelong learning at universities, a commitment to undertake courses to broaden or update training or professional competences and skills, as well as other lifelong learning courses.
- Enrolment must be completed within three months of notification of the decision granting the residence permit.
4- Improving employment roots (arraigo laboral)
It may be applied for provided that:
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MORE INFORMATION- You are in an irregular situation at the time of application.
- You have been in Spain for 2 years and have worked during that time.
- You have worked regularly or irregularly for a period of not less than 6 months during that time.
- The work will have been 30 hours a week for 6 months or 15 hours a week for 12 months.
- In the case of self-employed persons, they must have been in continuous activity for at least 6 months.
- The work activity can be proved by any means of proof, from a certificate of employment, payslips, contract, etc. (It is not necessary to report the employer).
- No criminal record for the last 5 years.
5- Improved social anchoring (arraigo social)
The requirements are improved:
- Three years minimum presence in Spain
- Family links
- report on integration/rootedness in society. This report must be issued within 30 days.
- The report of arraigo may authorise the presentation of own financial means and avoid the presentation of an employment contract.
- The employment contract required for eligibility must no longer have a minimum duration of one year (as the general rule is now an open-ended contract).
- The employment contract must comply with the minimum wage and a minimum of 30 hours per week or 20 hours if there are dependent minors.
6- Improved family attachment (arraigo familiar)
It shall apply to:
- The mother, father or guardian of a minor of Spanish nationality or a person with a disability.
- The spouse or accredited unmarried partner of a Spanish national.
- Ascendants over 65 years of age, or dependents under 65 years of age, descendants under 21 years of age, or dependents over 21 years of age, of a Spanish citizen, or of their spouse or common-law partner.
- In the case of children of a father or mother who were originally Spanish.
The authorisation entitles the holder to be employed or self-employed. It shall be granted for five years.
7- Recruitment at source
Until now, national employment status had to be taken into account, except in certain cases (when the job offer was for a spouse, an ascendant of Spanish nationality, a child or grandchild of a Spaniard) or for persons from Peru or Chile (all cases in Article 40 of the Organic Law).
In the rest of the cases, it was necessary to refer to the quarterly catalogue of hard-to-fill positions, i.e., the unemployment situation had to be taken into account and it was more than difficult that there was no Spaniard with the necessary qualifications to carry out the job and therefore the hiring at origin was denied.
As of the entry into force of the amendments to the Aliens Regulation:
- Self-employed workers in the country of origin will find it easier to move to Spain as entry requirements are improved.
- Recruitment at source is facilitated through the incorporation of certain professions or activities that are difficult to cover, as determined by the delegated commission for economic affairs on a recurring basis and by province.
- The deadlines for this type of recruitment are reduced. Offers that are difficult to fill must be published by the employer, the company, on the Empléate job portal by the employer and if there is no candidate in 8 days, the recruitment can be made at source.
8- Renewal of the residence and work permit in the Basque Country
The renewal of the residence and work authorisation for employed or self-employed persons shall be for a period of 4 years, provided that:
- The continuity of the employment relationship is proven.
- An employment relationship of 3 months is accredited and the worker is registered with Lanbide or with a new employment contract (with the same or another employer).
9- Family member of Spanish citizen
A separate scheme is created to enable the family member of an EU citizen to support his or her own family unit.
10- Creation of the UTEX and shock plan in the Basque Country (and in the rest of Spain).
The UTEX (Unidad de Tramitación de Expedientes de Extranjería) was created in order to speed up procedures and standardise the application of immigration regulations in the different provinces.
It will be a centralised, electronically based unit.
CONCLUSIONS
The most significant changes relate to the training of foreigners:
- Foreign students will be able to work at the same time without the need to obtain a work permit.
- They will be able to enter the labour market after having completed, for example, vocational training in a technical subject.
- Persons in an irregular situation will be able to obtain an annual (or biannual) authorisation if they undertake studies that can make them employable (hotel and catering, care of the elderly, construction, …).
- People who are self–employed in their countries of origin will find it easier to obtain a residence and work permit in the Basque Country.
- People who have certain professions that are needed in Spain and that the employer cannot find, will find it easier to come to the Basque Country with a regular status from the start.
Do not hesitate to write to us if you think that your situation may fit into any of these cases and we will advise you on the training you can do to improve and legalise your situation in the Basque Country.