The Final Disposition of the Organic Law 14/2003 of November 20, of Reform of the Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration, incorporates a mandate to the Government to adapt to the provisions of the mentioned Organic Law 14/2003 the content of the then current Implementing Regulation of the Organic Law 4/2000, of January 11, on the rights and freedoms of the foreigners in Spain and their integration approved by Royal Decree 864/2001 of 20 July 2001. Royal Decree 2393/2004 of 30 December, for which the new Regulation of the Organic Law 4/2000 of 11 January, on the rights and freedoms of foreigners in Spain and their social integration has been approved, gives respect to the mandate included In the third final provision of the Organic Law 14/2003 of 20 November, cited above, it repeals Royal Decree 864/2001, and grants the Minister of the Presidency the competence to dictate the appropriate order of execution and development of the Royal Decree 2393/2004, on the joint proposal of the Ministries concerned, after report of the Interministerial Committee for Foreign Affairs, where the matters to be developed are not the subject of the exclusive competence of each of those ministerial departments. The Royal Decree 2393/2004 referred to, reported by the Interministerial Committee of Foreign Affairs, by the Higher Council of Immigration Policy and by the Forum for the Social Integration of Immigrants, incorporates, in its Transitional Disposition third, the provision of a process for the standardisation of foreign workers in Spain and meet certain requirements in order to qualify for it. Therefore, in accordance with Article 25 (f) of Law 50/1997 of 27 November 1997, of the Government, with Articles 6, 9 and 13 of Royal Decree 553/2004 of 17 April, restructuring of the Departments of Ministerials, and with the corresponding to the Royal Decrees 1320/2004, 1599/2004 and 1600/2004, for which the basic organic structures of the Ministries of Public Administrations, Interior, and Labour and Social Affairs are developed, having in The content of the Organic Law 4/2000 of 11 January on the rights and freedoms of the In Spain and its social integration, in order to develop the content of the third transitional provision of Royal Decree 2393/2004 of 30 December, for which the regulation of the said Organic Law is adopted, on the proposal of the Ministries of the Interior, Labor and Social Affairs, and Public Administrations, and prior to the favorable report of the Inter-Ministerial Committee on Foreign Affairs, I have:

First. Object and scope of application. 1. The purpose of this Order is to develop the procedure to which the standardisation process set out in the third transitional provision of Royal Decree 2393/2004 of 30 December 2000, which is adopted, is to be adjusted. The Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration.

2. Employers or employers and foreign workers who meet the requirements laid down, as appropriate, in the second or third paragraphs of this Order may be eligible for the standardisation process.

Second. Requirements.-Employers or employers intending to recruit foreign workers under the standardisation process referred to in the previous paragraph may apply for an initial authorisation of residence and work as an employee, provided that the following requirements are met:

(a) That the worker is registered in a Spanish municipality with at least six months before 7 February 2005, the date of the entry into force of the Regulation of the Organic Law 4/2000, of 11 January, presenting also a passport, travel title or registration card that accredits your continued presence in Spanish territory during that period.

(b) There is a contract of employment signed between employer or employer, and worker, whose effects shall be conditional upon the entry into force of the authorization of residence and work requested. In such a contract, an employer's commitment to maintain the labour supply for a minimum period of 6 months must be incorporated, with the following caveats:

1. In the agricultural sector this minimum period shall be three months.

2. In the construction and hospitality sectors, this commitment may be made within a maximum period of 12 months. 3. In the domestic service sector in case of providing services for a single employer or head of household for a time equal to or greater than 80 hours of effective work per month, and equal to or less than 40 hours of effective work per week, without injury of the time of presence, at the employer's disposal, which may be agreed between the parties. In this case the initial application for authorization of residence and work must be submitted by the head of the employer's family. The services must be provided in the home in which the head of the family resides and, where appropriate, other persons who make up the household.

(c) In the case of part-time employment contracts, the period of the labour supply shall be increased in proportion to the reduction in the ordinary working day in such contracts, in such a way that the sum of the (a) the period of validity of the authorisation shall be equivalent to at least the total of a contract in the terms of point (b) of this paragraph, within the period of validity of the authorisation.

(d) that the applicant companies are registered under the relevant system of the social security system and are aware of the fulfilment of their tax obligations and of the quotas required by the security Social. The employer may be required to credit the economic, material and personal means available to the employer for the business project or recruitment. (e) the conditions laid down in the contract of employment are in accordance with those laid down in the legislation in force for the same activity, professional category and locality. (f) the qualification, if any, duly approved or the training required for the exercise of the profession is established. (g) The foreign worker has no criminal record in Spain or in the countries where he had resided in the previous five years for offences established in the Spanish legal order. (h) that the foreign worker is not prohibited from entering Spain in accordance with Articles 26 of the Organic Law 4/2000, on the rights and freedoms of foreigners in Spain and their social integration, and 10 of their Regulations, adopted by Royal Decree 2393/2004, except that such prohibition of entry is solely derived from a non-executed expulsion order, which would have been dictated by the infringements of the stay and/or irregular work provided for in the article (a) and (b) of the Organic Law 4/2000.

Third. Domestic service of a partial or discontinuous nature. Requirements.

1. Foreigners intending to carry out their activity in the field of domestic service, working in part and at the same time for more than one household owner, may apply within three months of the date of 7 February 2005, Date of entry into force of Royal Decree 2393/2004, of approval of the Regulation of the Organic Law 4/2000, of January 11, the granting of an initial authorization of residence and work.

2. To this end, the following requirements shall be met:

(a) The foreign worker is registered in a Spanish municipality with at least six months before 7 February 2005, the date of the entry into force of the Regulation of the Organic Law 4/2000 of 11 January 2005, also presenting a passport, travel title or registration card that accredits their continued presence in Spanish territory from a date prior to that of the registration.

(b) The employment benefits that the foreign worker has agreed to guarantee him a minimum period of activity of six months. (c) the foreign worker shall meet the requirements to be included in the Special Household Employee Scheme, in accordance with its regulatory regulations, and in particular the following:

1. Provide exclusively domestic services for more than one head of household, family household holder, or group of persons who, without constituting a family, live in the same family household, either partially or discontinuous, and whose duration is not less than 30 hours of effective work per week, in global computation, carried out during, at least, 12 days in the month.

2. These services are provided in the home in which the head of the family resides and, where appropriate, other persons who make up the household. 3. That he or she receives a salary or remuneration of any kind from this service. 4. Not to be expressly excluded from the scope of this Regime.

d) That the services agreed are in accordance with the working conditions established by the regulations in force for the same activity, professional category and locality.

e) That the foreign worker lacks a criminal record in Spain, as well as in the countries where he had resided in the previous five years, for crimes established in the Spanish legal system. (f) the foreign worker is not prohibited from entering Spain in accordance with Articles 26 of the Organic Law 4/2000, on the rights and freedoms of foreigners in Spain and his social integration, and 10 of his Regulations, adopted by Royal Decree 2393/2004, except that such prohibition of entry is solely derived from a non-executed expulsion order, which would have been dictated by the infringements of the stay and/or irregular work provided for in the article (a) and (b) of the Organic Law 4/2000.

Fourth. Deadline and places for submission of applications.

1. Applications must be submitted by employers or employers who intend to hire a foreign worker or, by foreign workers personally in the cases covered by the Third paragraph of this Order, within the period prescribed Three months since 7 February 2005, the date of entry into force of Royal Decree 2393/2004, of approval of the Regulation of the Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration.

2. Applications for the granting of an initial authorisation of residence and work for an employed person shall be submitted in accordance with the official model of application corresponding to those set out in Annex I and II to this Ministerial Order, The documentation included in paragraph 6 of this Ministerial Order must be accompanied. 3. They will have the consideration of place of submission of applications:

(a) The administrative bodies or entities governed by public law, corresponding to the province in which the work activity is to be carried out, and to which the Ministry of Public Administration, for reasons of effectiveness, entrusts the receipt of such requests, as provided for in Article 15 of Law No 30/1992 of 26 November 1992, of the Legal System of Public Administrations and of the Common Administrative Procedure, without prejudice to the provisions laid down In the third additional provision of the Organic Law 4/2000 and the Additional Disposition 4 its Regulation, approved by Royal Decree 2393/2004.

(b) In the absence of the above, the Office of Foreign Nationals of the provincial level in the places where the Office has been established, and corresponding to the province in which the work activity is to be carried out. (c) In the absence of a Foreign Office, the application may be filed in the Area or Dependence of Work and Social Affairs of the Delegation or Subdelegation of the Government corresponding to the province in which the activity is to be carried out work.

Fifth. Legitimate subjects for the submission of applications.

1. In the cases provided for in this Ministerial Order, except in the cases referred to in its third paragraph, applications relating to the initial authorisations of residence and work as an employed person shall be submitted by the employer or by whom the business legal representation is validly held, in accordance with the provisions of the Additional Disposition third of the Organic Law 4/2000 of 11 January.

To this effect, a business legal representative shall be considered to be the natural person who has been recognized as such by the Network System of the General Treasury of Social Security at the date of publication of the the Organic Law 4/2000 approved by Royal Decree 2393/2004. 2. In the cases referred to in paragraph 3, it shall be the foreign worker who is required to appear in person to submit the application for initial residence and work authorization.

Sixth. Documentation to be accompanied by the application.

1. Where the person entitled to submit the application is the employer or employer, the official model of application (Annex I to this Order), which is formalised in duplicate, must accompany the following documentation: (a) the identity of the applicant employer or employer: 1. The identity card in the case of Spanish nationals.

2. Identity card abroad, in the case of a non-national foreign employer or employer of a Member State of the European Union or party to the Agreement on the European Economic Area. 3. Foreign identity card in force, NIF, identity card or national passport valid and in force, in the case of a national employer or foreign employer of a Member State of the European Union or party to the Agreement on Space European Economic. 4. CIF and registration document of the company in the Social Security, in the case of entrepreneurs, and, if applicable, public document that grants the legal representation of the company in favor of the natural person making the application.

b) Full copy of the passport or travel document, or registration card, in force, of the foreign worker, as well as other passports or travel documents of the same.

c) Certification of the registration of the foreign worker, in which the date of registration is recorded in a Spanish municipal register prior to August 8, 2004. (d) a contract of employment signed by an employer and a worker, in which the ends contained in points (b) to (f) of the second paragraph of this Ministerial Order must be complied with. e) A certificate of criminal history of the foreign worker issued by the authorities of the country or countries of residence of the foreign worker in the last five years, which must be provided by the foreign worker, in his case translated into Spanish or the official language in the cases provided for in Article 36 of Law No 30/1992, and previously legalized by the diplomatic mission or consular post of his country of origin in Spain, except in cases where the said certificate has been aposised by the competent authority of the signatory country of the Hague Convention of 5 October 1961, on the removal of the requirement for the legalisation of foreign public documents. Notwithstanding the foregoing, in exceptional and duly motivated cases, the Secretary of State for Immigration and Emigration, prior to the report of the Directorate General for Consular Affairs and Assistance, may modify the legalization procedure. described in the preceding paragraph. (f) Accreditation of the qualification, in its duly approved case, or of the capacity required for the exercise of the profession by the foreign worker. (g) Statement of the employer or employer, incorporated in the official model of application set out in Annex I to this Ministerial Order, in the sense that the latter is not in any of the cases of refusal of a request (a) the authorisation of residence and work for other persons contained in Article 53,1 (d), (e) and (k) of the Regulation of the Organic Law 4/2000, approved by Royal Decree 2393/2004.

2. Where the person entitled to submit the application is the foreign worker, the official model of application (Annex II to this Ministerial Order), formalised in duplicate, must accompany the following documentation:

(a) Full copy of the passport or travel document, or registration card, in force, of the foreign worker, as well as other passports or travel documents of the same.

b) Certification of the registration of the foreign worker, in which the date of registration is recorded in a Spanish municipal register prior to August 8, 2004. (c) a certificate of criminal records of the foreign worker issued by the authorities of the country or countries of residence of the foreign worker in the last five years, in his case translated into Spanish or the official language in the cases provided for in the Article 36 of Law 30/1992, and previously legalized by the diplomatic mission or consular post of its country of origin in Spain, except in cases where the said certificate has been apoked by the competent authority of the signatory country of the Hague Convention of 5 October 1961 on the elimination of the requirement of legalisation of foreign public documents. Notwithstanding the foregoing, in exceptional and duly motivated cases, the Secretary of State for Immigration and Emigration, prior to the report of the Directorate General for Consular Affairs and Assistance, may modify the legalization procedure. described in the preceding paragraph. (d) Declaration of compliance with the requirements set out in points (b) and (c) of Third paragraph of this Ministerial Order, by completing paragraph (3) of the official model of application (Annex II of the Ministerial Order). (e) A certified copy of the evidence of the identity of the household heads or household holders for whom the foreign worker is to provide services:

1. DNI in the case of Spanish citizens.

2. Identity card abroad, in the case of non-nationals of a Member State of the European Union or party to the Agreement on the European Economic Area. 3. Foreign identity card in force, NIF, valid national identity card or passport and in force, in the case of foreign nationals of a Member State of the European Union or party to the Agreement on the European Economic Area.

Seventh. Processing of applications.

1. The processing of applications submitted in the standardisation process developed by this Order shall be carried out on a preferential basis.

2. The admission to proceedings of the application submitted, taking into account the provisions of the fourth additional provision of the Organic Law 4/2000, paragraphs 1, 2, 3, 6 and 8, will involve the file of its own motion of any other application for residence or residence and work for the same foreigner as previously submitted. The applicant's lack of legitimation or the lack of accreditation of the representation shall be understood, with the effects provided for in paragraph 1 of that Additional Provision 4 of the Organic Law 4/2000, where the applicant does not accompany the (a) the documents referred to in paragraphs (a) (1) (a), (e), (2) (a) of (a) of this Ministerial Order. The application shall be deemed to be manifestly unfounded, with the effects provided for in paragraph 6 of that additional provision, fourth of the Organic Law 4/2000, where the application is not accompanied by the documentation provided for in the (a) (b), (c) or (d), or, where applicable, Sexto.2.b), or (e) of this Ministerial Order. 3. In the event of failure to submit any of the documents referred to in paragraph Sext.1.e) and (f), or, where appropriate, in paragraph Sex.2.c) of this Ministerial Order, the applicant shall be required by the body responsible for the processing of the application, so that, within 15 working days, it provides the relevant documents, or, it provides for the formal or material defects in the application. In the case of failure to submit the documents referred to in paragraph (e) (e) (e) or (e) of this Ministerial Order, the applicant shall in any event prove, by the appropriate safeguard, that such documents have been has already been requested from the competent authorities of the country of origin of the worker. After this period has elapsed without the appropriate remedy, the request may be withdrawn and the file of the file shall be filed. 4. The processing body shall obtain a report of its own motion from the State Tax Administration Agency, the Central Register of Penados and Rebels, the competent services of the Directorate General of the Police, the General Treasury of the Social security, and the National Statistics Institute, the latter in relation to the Municipal Register of Inhabitants. Such reports shall be issued within 10 days.

Eighth. Resolution of applications. -Government Delegates in the Autonomous Communities, or, where appropriate, the Subdelegates of the Government in the provinces, will resolve the request, in the light of the documentation submitted by the interested party and the collection of trade.

The decision shall be reasoned and shall be notified to the employer, and shall be sent to the foreign worker, except in the cases contained in the third paragraph of this Ministerial Order, in which the foreign worker the decision on the residence permit and the work requested. The time limit for the resolution and notification of applications for residence and work authorisations shall be three months from the day following the day on which they entered the register of the body responsible for processing. After the deadline for notifying the applications, without such notification taking place, they may be deemed to be rejected. The decisions given shall terminate the administrative procedure and the administrative or judicial remedies may be brought against them. Ninth. Obligations arising from the favourable resolution of applications.

1. If the decision is favourable, the authorization of residence and work granted shall be conditional on the fact that, within one month of the date of the notification, the worker's affiliation and/or high level of social security occurs.

2. The notification of the granting of the residence and work authorization shall have effect for the payment of the corresponding fees, in accordance with Articles 44 to 49 of the Organic Law 4/2000 of 11 January. The payment shall be made within one month of the notification.

10th. Effects of the granting of the authorization of residence and work.-The granting of the authorization of residence and work will determine the file of the cases of expulsion pending resolution, as well as the revocation of the office of the expulsion decisions which have fallen on the foreign holder of the authorisation, where the relevant file or expulsion decision is based exclusively on the causes referred to in Article 53 (a) and (b) of the The Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and its social integration, referred to, respectively, to:

To be irregularly in Spanish territory, for not having obtained the extension of stay, lack of authorization of residence or having expired more than three months the mentioned authorization, and provided that the interested party does not has requested the renewal of the contract within the prescribed period.

Find yourself working in Spain without having obtained work authorization or prior administrative authorization to work, when you do not have a valid residence permit.

11th. Track the process.

1. Once the condition of affiliation and/or discharge of the foreign worker in the Social Security has been fulfilled, the authorization of residence and work will begin its period of validity, which will be one year.

2. After the period of one month from the notification of the authorisation without the condition being met, the authorisation shall be without effect. In this case, the employer or employer shall be required, in the cases referred to in paragraph 2, and the foreign worker himself, in the cases referred to in paragraph 3 of this Order, to indicate the reasons for which the employment relationship has not been initiated, with the warning that, if no justification is claimed or if the reasons given are considered insufficient, subsequent applications for authorisation may be refused in the standardisation process. If the justification alleged or the reasons given is considered sufficient, the employer or employer, in the case of paragraph 2, or the foreign worker himself, in the cases of third paragraph, may submit a new application for initial authorization of residence and work, during the period provided for in the fourth paragraph of this Order. 3. The Office of Foreigners or, failing that, the Areas or Dependencies of Labour and Social Affairs, shall give an account to the Labour and Social Security Inspectorate and to the police services of the cases where there is evidence of fraud in the relationship to the subject matter of this Ministerial Order, and in particular:

When you have required your accreditation as provided for in Section Seconds (d) of this Ministerial Order, it is not the case that the applicant's employer or employer has sufficient financial and material resources to cope with the obligations arising out of the contract of employment and, where appropriate, the relevant business project.

When, for organisational reasons, the growth of the workforce involving the hiring of the foreign worker can be considered unjustified. In the case of the recruitment of several workers in the field of domestic service by the same employer, where it is not established that the employer has sufficient financial means to meet the obligations arising out of those work contracts.

12th. Issuing of the identity card abroad. -After the completion of the procedures provided for in paragraph 9 of this Order, once the condition of affiliation and/or high in the Social Security and the payment of the tax rates has been fulfilled In order to grant authorization of residence and work, and during the month immediately following the entry into force of the authorization, the foreigner must apply for the identity card from abroad, which will be issued by the period of validity of the authorisation.

The application for the identity card from abroad must be submitted personally by the person to the competent body for processing (Office of Foreigners, or, failing that, the Police Commissioner located in the town where it resides or intends to reside), providing the resolution of the application for the initial residence permit and the work referred to in the Eighth paragraph of this Ministerial Order, the accreditation of the payment of the fees mentioned in the Previous paragraph, passport or travel document valid for entry into Spain, or cedula de registration, in force, and three recent photographs in color, in white background, meat size. The issuing of the foreign identity card shall bear the corresponding fee, and the foreign worker must prove to the processing authority of the application for the card, at the time of withdrawal, that he is the recipient of the card. document and have made the payment of the corresponding tax rate for the issue of said identity card.

Final disposition first. Protection of personal data.

With regard to the transfer of personal data of the interested parties, the provisions of the Organic Law 15/1999 of 13 December 1999, of 11 June 1999, of the approval of the Regulation of Measures of security of the automated files containing personal data, and in the fifth additional provision of the Organic Law 4/2000. The provisions of the rules referred to in the preceding paragraph shall also apply with regard to access by the competent bodies in the processing of the procedures referred to in the third transitional provision of the Royal Decree 2393/2004, for the approval of the Regulations of Organic Law 4/2000, to the information in the files in the State Agency of Tax Administration, the General Treasury of Social Security, the Central Register of Penados and The rebels and the National Statistics Institute, the latter in relation to the Municipal Register of Inhabitants, in case of incorrect presentation or need for verification of the certificate of registration, without the consent of the interested parties in the cases mentioned in this paragraph, and in accordance with the legislation on the protection of personal data.

Final disposition second. Applicable legal regime.

In all cases not provided for in this Ministerial Order, the Spanish legislation on immigration and immigration and, in particular, the Organic Law 4/2000 of 11 January, on the rights and freedoms of the Spain and its social integration, reformed by the Organic Laws 8/2000, 11/2003 and 14/2003, the Royal Decree 2393/2004, of December 30, of approval of the Regulation of the same, and the Royal Decree 178/2003, of February 14, on entry and stay in Spain of nationals of Member States of the European Union and of other States Parties to the Agreement on the European Economic Area. In procedural matters, it will be a subsidiary application, in all the non-foreseen in this Order, the Organic Law 4/2000, of 11 January, and, as not provided for by it, Law 30/1992, of 26 November, of the Legal Regime of the Administrations Public and the Common Administrative Procedure, in accordance with the additional decision of the Law 30/1992.

Final disposition third. Entry into force.

This Order will enter into force on 7 February 2005.

Madrid, 2 February 2005

FERNANDEZ DE LA VEGA SANZ

Excms. Mr Ministers of the Interior, Labour and Social Affairs and Public Administrations

ROYAL DECREE 2393/2004 ' S THIRD TRANSITIONAL PROVISION, A PRACTICAL GUIDE FOR THE SUBMISSION OF APPLICATIONS AND NECESSARY DOCUMENTATION

Fulfilled the legally established requirements, the foreigners have the right to obtain and the obligation to keep the documentation that accredits their situation in Spain, in the terms provided for in the Organic Law 4/2000 Reformed by Organic Laws 8/2000, 11/2003 and 14/2003, and in its regulatory development.

Request Models

Annex I. Application for authorization of residence and work.

Annex II. Application for a residence permit and work of a partial or discontinuous nature in the domestic service sector.

Official models are free of charge, their sale is prohibited, and they can be reproduced by any means of printing. In addition to the units responsible for its management, the Ministry of Labour and Social Affairs (www.mtas.es/migraciones/proceso2005), the Ministry of Public Administration, will also be available to the Ministry of Public Administration. (www.map.es), and the Secretary of State for Immigration and Emigration (www.extranjeros.mir.es).

Presentation places

Must be personally present in the registration offices of the following administrative bodies: (a) In the administrative bodies or in the public law entities, corresponding to the province in which the (a) to be employed, and to which the Ministry of Public Administration, for reasons of effectiveness, has entrusted the processing of such applications (Offices of the General Treasury of Social Security and the management of the Social Security-National Institute of Social Security and Social Institute of the Navy.

(b) In the absence of the foregoing, in the Office of Foreign Nationals of the provincial level in the places where the Office has been established, and corresponding to the province in which the work activity is to be carried out. (c) In the absence of a Foreign Office, the application may be filed in the Area or Dependence of Work and Social Affairs of the Delegation or Subdelegation of the Government corresponding to the province in which the activity is to be carried out work.

1. Application for authorisation of residence and work (Annex I)

Entitled subjects to apply: The employer, or employer intending to employ a foreigner under the third transitional provision of Royal Decree 2393/2004, except in the case of workers discontinuous in the domestic service sector. In the proceedings in which the person entitled is an employer, the applications may be submitted personally by him or by the person who has the business legal representation.

Deadline for submission: Within the three-month period since the entry into force of the Regulation of L.O. 4/2000, approved by R.D. 2393/2004, that is from 7 February to 7 May 2005. Form and effects of the presentation: Applications shall be made in duplicate in the model Annex I of this Order. Upon submission of the application, a copy of the same duly sealed shall be returned to the applicant, as the proof of the presentation. Documentation required: The documentation, with a copy of the same, to be accompanied to the application, is as follows, the presentation of the original documents being necessary, which will be returned to the applicant once the copies are checked:

(a) The identity card of the employer or employer (foreign identity card in the case of a non-national employer or foreign employer of a Member State of the European Union or of the European Economic Area; In the case of an employer or a national foreign employer of a Member State of the European Union or of the E.E.E.), or CIF and a registration document of the company in the territory of the United States of the European Union, it shall be valid, Social Security.

(b) In the event that the company is constituted as a legal person, a public document that grants the business legal representation of the same in favor of the natural person making the application. (c) Original and full copy of the passport or travel document, or registration card, in force, of the foreign worker, as well as other passports or travel documents of the same. (d) Certification of the registration of the foreign worker, in which the date of registration is recorded in a Spanish municipal register prior to 8 August 2004. (e) a contract of employment signed by an employer and a worker, in which the ends contained in points (b) to (f) of the second paragraph of this Order must be complied with. f) A certificate of criminal history of the foreign worker issued by the authorities of the country or countries of residence of the foreign worker in the last five years, which must be provided by the foreign worker, in his case translated into Spanish or the official language in the cases provided for in Article 36 of Law No 30/1992, and previously legalized by the diplomatic mission or consular post of his country of origin in Spain, except in cases where the said certificate has been aposised by the competent authority of the signatory country of the Hague Convention of 5 October 1961, on the removal of the requirement for the legalisation of foreign public documents. (g) Accreditation of the qualification, in its duly approved case, or of the capacity required for the exercise of the profession by the foreign worker.

2. Application for authorisation of residence and work of a partial or discontinuous nature in the domestic service sector (Annex II)

Entitled subjects to apply: The foreign worker who intends to develop his or her activity in the field of domestic service, working partially and simultaneously for more than one family home.

Filing deadline: Within the three-month period counted since the entry into force of the Regulation of Organic Law 4/2000, approved by Royal Decree 2393/2004, that is, from February 7 to May 7, 2005. Form and effects of the presentation: Applications shall be made in duplicate in the model Annex II to this Order. Upon submission of the application, a copy of the same duly sealed shall be returned to the applicant, as the proof of the presentation. Documentation required: The documentation, with a copy of the same, to be accompanied to the application, is as follows, the presentation of the original documents being necessary, which will be returned to the applicant once the copies are checked:

(a) Original and full copy of the passport or travel document, or registration card, in force, of the foreign worker, as well as other passports or travel documents of the same.

b) Certification of the registration of the foreign worker, in which the date of registration is recorded in a Spanish municipal register prior to August 8, 2004. (c) a certificate of criminal records of the foreign worker issued by the authorities of the country or countries of residence of the foreign worker in the last five years, in his case translated into Spanish or the official language in the cases provided for in the Article 36 of Law 30/1992, and previously legalized by the diplomatic mission or consular post of its country of origin in Spain, except in cases where the said certificate has been apoked by the competent authority of the signatory country of the Hague Convention of 5 October 1961 on the elimination of the requirement of legalisation of foreign public documents. (d) a certified copy of the evidence of the identity of the household heads or household holders for whom the foreign worker is to provide services:

DNI in the case of Spanish citizens.

Identity card abroad, in the case of non-nationals of a Member State of the European Union or of the European Economic Area. Foreign identity card in force, or NIF and valid identity card or passport and in force, in the case of foreign nationals of a Member State of the European Union or part of the European Economic Area.

Foreigners enjoy in Spain the rights and freedoms recognized in Title I of the Spanish Constitution in the terms established in the International Treaties, in Organic Law 4/2000, of January 11, on rights and freedoms of foreigners in Spain and their social integration, reformed by Organic Laws 8/2000, 11/2003 and 14/2003, and in the laws regulating the exercise of each one of them.

The rules on the fundamental rights of foreigners are interpreted in accordance with the Universal Declaration of Human Rights and with the Treaties and International Agreements on the same matters in force in the Spain, without being able to claim the profession of religious beliefs or ideological or cultural convictions of a different sign to justify the carrying out of acts or conduct contrary to them, being linked the foreigners who In Spain, it is found in the same way as citizens Spanish legislation, which includes among other acts constituting crimes and punishable by the corresponding penalty to be determined by the Judicial Authority, female genital mutilation.

Information clause to the requester about the purpose of the file in which your data will be included

To the effects mentioned in article 5.1 of the Law 15/1999, it is warned of the existence, under the responsibility of the Delegation of the Government or Subdelegation of the Government, of the automated data file " Concession of Permits and Authorizations of Foreigners ", of the Ministry of Public Administrations, to which the data provided by those interested in the procedure will be incorporated.

The purpose of this file is the management of the aforementioned authorizations, the addressees being the bodies of the General Administration of the State responsible for foreign affairs. The requested data are necessary to resolve your request, so your fulfillment is mandatory. The person concerned may exercise his right of access, rectification, cancellation and opposition to the Government Delegation or Government Subdelegation, responsible for the aforementioned file.