The Organic Law 14/2003 of 20 November, for which the Organic Law 4/2000, of 11 January, on the rights and freedoms of foreigners in Spain and its social integration is reformed, establishes in its third provision third the mandate to the Government to adapt to its provisions the Implementing Regulation of the said Organic Law 4/2000, of 11 January.

subhead] In compliance with the aforementioned mandate, this royal decree is approved, first of all, with a very high degree of concertation between different political forces, social agents, and non-governmental organizations. All of them have participated through their contributions and, in a particularly remarkable way, trade unions and entrepreneurs, who through the negotiation process have shown their conformity with the whole of the labor regulation of immigration. contained in this rule. Secondly, the legislative text is consistent in its form and in substance with the legal framework of reference, which is not limited to the Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration, It also incorporates into the Spanish legal system both the acquis of the European Union on the subject, and the new division of powers resulting from the assumption by the Ministry of Labour and Social Affairs of the development of the Government policies on immigration and immigration, through the Secretariat of State of Immigration and emigration. Thirdly, the Regulation is the fruit of the effort to prioritise legal immigration, and new instruments are being added to more effectively pursue irregular immigration.

In order to adapt its content to the provisions of Council Directive 2003 /9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers in the Member States, as well as for ensure consistency between the regulation of the authorisation to remain for humanitarian reasons contained in the asylum legislation and the authorisation of residence for exceptional circumstances provided for in the general framework of the legislation of In the case of foreign nationals, certain aspects of the regulation implementing Law 5/1984, 26 of March, the law of asylum and refugee status, approved by Royal Decree 203/1995, of February 10.

The regulation consists of 13 titles, distributed in 165 articles and 18 additional provisions. The new structure responds to the need for systematic planning, more appropriate to the reality and, therefore, more accessible to its recipients. The procedures, both those governing the granting of authorizations and those provided for by the sanctioning system, aim to incorporate greater guarantees for the citizens and, consequently, to reduce the scope of discretionary decision of the the Administration.

From a material point of view, the Regulation incorporates important new developments regarding the requirements and circumstances that may result in the authorization of a foreigner to reside and work in Spain. The aim of the reforms is twofold. On the one hand, it will speed up vacancies based on vacancies for which employers do not find resident workers, and, on the other hand, increase control in the granting of such authorisations.

In the architecture of the current migratory system, the admission of new immigrants to our country is fundamentally based on the need for job coverage and, except in the circumstances foreseen by circumstances. In the case of a residence or a residence permit or study to a residence and work authorization, immigrants who wish to carry out a work activity must come at the origin of a visa which will be enable them to work or to search for a job.

however, in view of the high number of foreigners who are currently on Spanish territory and lack of authorization, stable admission of workers should be temporarily exempted to provide for a measure of normalisation of the situation of those foreigners linked, in any case, to a future employment relationship. Thus, for a period of three months from the date of entry into force of the royal decree, it will be possible to obtain an initial authorization of residence and work as an employed person for foreign nationals who can prove that they comply with the conditions laid down in the third transitional provision. In order to ensure that this process is made to those who have a certain and verifiable link to the labour market, it will be required, except in the domestic service for hours, that the employers themselves submit the application for authorization and those submitting the contract which will bind them to the foreign national whose regularisation is intended.

Concluded the standardisation process, the only mechanisms of access to a residence permit will be established in a stable manner in the Regulation. Within the framework of the permanent regulation, in the field of the treatment of legal immigration and the regulation of migratory flows, the determination of the national employment situation has been reformulated to make it a diagnosis of the market more rigorous and more effective work. In this sense, the fact that both the autonomous communities and the social partners report directly and in advance to the decisions on the catalogues of difficult-to-cover occupations will help to provide a closer perspective to the reality of the labour market.

In the different procedures for authorization of residence and work, the beginning of the employment relationship, proven through the affiliation and the high of the worker in the Social Security, acquires a control character against the fictitious offers. With these precautions, it will be possible to avoid them being able to request and obtain authorizations who have no real intention of starting a labor relationship.

Based on these diagnoses, and again with the contest of the autonomous communities and the social agents, the contingent agreement acquires the character of the instrument of the contracting instrument programmed for which the provides for greater flexibility. The legal instrument will be adopted annually, which will, among other things, be the same as the application process and how the granting of visas for the search for employment will be articulated. The adaptability to the circumstances of the quota will contribute to the improvement of a simple estimate, in order to become a concept that encompasses from the possibilities of formation and selection in origin until a later intervention Social policy to facilitate the integration of workers.

With regard to the control of irregular immigration, throughout the regulation, prevention measures are increased to prevent legal instruments from being used in law fraud, so that the (a) to ensure that legal immigration, such as the system of initial authorization of residence and employment or the quota, cannot be used as a mechanism for the covert regularisation of persons who are in the Spain in irregular situation.

Within the regime of violations and sanctions, it has been sought to enhance the effectiveness of the legal mechanisms of sanctions, including the different cases of repatriation, while offering greater guarantees to those who are persons who have been subject to a sanctioning procedure or are deprived of their liberty in detention centres.

In terms of administrative procedures, in order to offer maximum transparency and speed up the processing, while achieving better coordination of the ministries involved, the use of a common IT application for all departments involved at one time or another of the processing. In fact, the Ministry of Public Administration, the Ministry of Foreign Affairs and Cooperation, the Ministry of the Interior and, in charge of developing the immigration policy of the Government, the Ministry of Labour and Social Affairs, jointly participate in the effort to increase controls to prevent irregular immigration, to facilitate the entry of authorised legal immigrants and to raise the guarantees for those administered, and take on other new tasks that are added to their former responsibilities.

Together with the role of the General Administration of the State, the increase in the participation of autonomous communities, municipalities and social agents, the latter through the Tripartite Labor Commission, is equally remarkable. Immigration. They all come to take on tasks related to the care of immigrants and, consequently, they obtain a participation according to these tasks within the different processes related to the field of immigration.

In its virtue, on the proposal of the Ministers of Foreign Affairs and Cooperation, of the Interior, of Labor and Social Affairs and of Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at their meeting on 30 December 2004,

D I S P O N G O:

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

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

2. The rules of the Regulation of the Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration will be applied on a supplementary basis, or for the purposes that may be more favourable, to nationals of Spain. of the Member States of the European Union and the other persons falling within the scope of Royal Decree 178/2003 of 14 February 2003 on the entry and stay in Spain of nationals of the Member States of the European Union and other Member States the Agreement on the European Economic Area. Likewise, the rules of the Regulation of the Organic Law 4/2000 of 11 January, will apply to those implementing Law 5/1984, of 26 March, regulating the right of asylum and refugee status, as amended by Law 9/1994 of 19 May.

First transient disposition. Validity of permissions, authorizations, or cards in effect.

The different permits, authorizations or cards that enable to enter, reside and work in Spain, granted to the persons included in the scope of the Regulation that is approved by this royal decree and that are valid on the date of their entry into force, shall retain that validity for the time for which they were issued.

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

Applications submitted prior to the entry into force of the approved Regulation shall be processed and resolved in accordance with the rules in force on the date of their submission, unless the person concerned requests the application. of the provisions of that Regulation and provided that compliance with the requirements laid down in that Regulation is established for each type of application.

Transitional provision third. Normalization process.

1. Within three months of the entry into force of the Regulation of the Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration, employers or employers intending to hire a Foreign nationals may apply for an initial authorization of residence and work as an employed person, provided that the following conditions are met:

(a) That the worker is registered in a Spanish municipality, at least six months before the entry into force of the Regulation of the Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and its social integration, and are in Spain at the time of the application.

(b) The employer or employer has signed with the worker a work contract whose effects will be conditional upon the entry into force of the requested residence and work authorization.

In the contract of employment, the employer shall undertake, irrespective of the contractual arrangements and the type of contract used, the maintenance of the labour supply for a minimum period of six months, except in the sector agriculture, in which the minimum period shall be three months.

In the construction and hospitality sectors, compliance with the commitment to maintain the six-month labour supply may be carried out within a maximum of twelve months.

When the employment contracts are part-time, the period of the labour supply shall be increased in proportion to the reduction of the ordinary day agreed in that contract, in the terms laid down by the Ministry Labour and Social Affairs.

c) That the requirements set out in Article 50 of the Regulation of the Organic Law 4/2000 of 11 January 2000 on the rights and freedoms of foreigners in Spain and their social integration be fulfilled for the granting of a authorisation to work, with the exception of paragraphs (a), (b) and (g).

2. Subject to the conditions laid down in paragraphs (a) and (c) of the preceding paragraph, and in the same time as the time limit laid down in that paragraph, they may also apply for an initial authorization of residence and work for foreign nationals who seek to develop their activity in the field of family home service, working in part and at the same time for more than one household owner. To this end, they must prove that they meet the requirements laid down by the legislation applicable to the effects of discharge on the social security scheme as discontinuous household employees and that they will carry out a number of working hours. weekly not less than thirty, in the global computation. The work provided for this purpose must cover a minimum period of six months ' activity. Foreign nationals who may develop an activity in the full-time family home service for a single employer may obtain the authorization in accordance with paragraph 1 of this provision, provided that they meet the requirements of this Directive. established in it.

3. Without prejudice to the provisions of the additional provision of the Organic Law 4/2000 of 11 January 2000 and the fourth additional provision of its Regulation, the Ministry of Public Administration may, by means of appropriate instruments, provided for in the legislation in force, other public offices for the submission of applications.

4. Applications based on the provisions of this transitional provision shall be dealt with on a preferential basis. The filing of the application shall represent the file of any other application for residence or residence and work for the same alien previously filed.

5. The competent authority shall, in the light of the documentation submitted, give a reasoned decision and notify the employer or employer, in the cases referred to in paragraph 1, and the foreign worker himself, in the cases referred to in paragraph 2, of the decision on the authorization of residence and work requested. Where the decision is favourable, the authorisation granted shall be conditional on the fact that, within one month of the notification, the worker's affiliation and/or high level of social security occurs. The notification shall take effect to ensure that the corresponding fees are paid. The provisions of the first provision of the Organic Law 4/2000 of 11 January 2000, for the purposes of the deadline for the resolution of applications, shall apply.

6. If the condition of affiliation and/or discharge is fulfilled, the authorization will begin its term of validity, which will be one year. 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 1, and the foreign worker himself, in the cases referred to in paragraph 2, to indicate the reasons why the employment relationship has not been initiated, with the warning that, if there is no justification or if the reasons given are considered insufficient, subsequent applications for authorisation may be refused.

7. 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 authorization.

8. The granting of the authorization shall determine the file of the removal files pending resolution, as well as the revocation of the office of expulsion orders which have fallen on the foreign holder of the authorization, when the (b) the case-file or the corresponding expulsion order is based on the causes provided for in Article 3 (a) (a) and (b) of the Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration. Refusal of the authorisation shall entail the continuation of the expulsion files and the execution of the expulsion orders issued.

Single repeal provision. Regulatory repeal.

The Implementing Regulation of the Organic Law 4/2000, of 11 January, on the rights and freedoms of foreigners in Spain and its social integration, approved by Royal Decree 864/2001 of 20 July 2001, is repealed. other provisions, of equal or lower rank, object to the provisions of this royal decree.

Final disposition first. Regulatory development.

The Ministers for Foreign Affairs and Cooperation, the Interior, Labour and Social Affairs, and the Public Administrations are hereby authorised to issue, in the field of their respective powers and, where appropriate, prior to the Inter-Ministerial Committee of Foreign Affairs, the rules that are necessary for the execution and development of the provisions of this royal decree. In the event that the matters are not the subject of the exclusive competence of each of them, the execution and development of the provisions of this royal decree will be carried out by order of the Minister of the Presidency, on a joint proposal of the ministries concerned, prior to the report of the Interministerial Committee for Foreign Affairs.

Final disposition second. Computer application for procedural processing.

The ministries involved in the processing of foreign files will put into operation, within a maximum of one year from the entry into force of this royal decree, a coordinated common computer application by the Ministry of Public Administration and with access to the other ministries involved.

Without prejudice to other utilities, the application must allow:

(a) The introduction and modification of data and reports by each competent ministerial department, in the exclusive areas of its competence, at each stage of processing of foreign files.

b) The communication between any of those involved, to know the status of the file's handling and to enable them to continue.

(c) The real-time consultation of both the processing files, without the possibility of modification, as well as of the files completed, by the competent bodies of the various ministerial departments, including the diplomatic missions or consular posts. Different levels of access for consultation of information contained in the IT application will be established in each ministerial department. In so far as the protection of personal data is ensured and the technical conditions permit, it shall be sought to facilitate the consultation by the person concerned, through Internet connections, of the state of processing of the data. applications for authorization of residence or residence and work.

d) To obtain updated data for the fulfillment of the functions of permanent observation of the magnitudes and most significant characteristics of the immigrant phenomenon, to analyze its impact on the Spanish society and to provide objective and contrasting information that avoids or hinders the appearance of xenophobic or racist currents, in accordance with the provisions of Article 67 of the Organic Law 4/2000 of 11 January on the rights and freedoms of the in Spain and its social integration, and Royal Decree 345/2001 of 4 April 2001, for which the regulates the Permanent Observatory of Immigration.

Final disposition third. Amendment of the Regulation implementing Law 5/1984, of 26 March, regulating the right of asylum and refugee status, approved by Royal Decree 203/1995 of 10 February.

The Regulation implementing Law 5/1984, of 26 March, regulating the right of asylum and refugee status, approved by Royal Decree 203/1995 of 10 February, is amended as follows:

One. Article 2.3 (c) is amended, which is worded as follows:

(c) Raise the Minister of the Interior with the proposals for authorization to remain in Spain agreed in the scope of Article 17.2 of Law 5/1984 of 26 March, regulating the right of asylum and the status of refugee, in accordance with Article 31 (3) and (4) of this Regulation. "

Two. Article 3 (g) is amended as follows:

" (g) Submit to that committee the proposals for authorization to remain in Spain agreed in the scope of Article 17.2 of Law 5/1984 of 26 March, regulating the right of asylum and the status of refugee, in accordance with Article 31 (3) and (4) of this Regulation. "

Three. Article 15 (1) is amended as follows:

" 1. Applicants for asylum, provided that they do not have economic means, may benefit from social, educational and health services provided by the competent public authorities, within their means and with budgetary resources, for ensure an adequate standard of living that allows them to survive. The benefits granted may be modulated when the application for asylum is pending admission to the process, and the basic needs of the asylum seekers will be guaranteed in any case. As a general rule, access to education, health care, social security and social services shall be governed by the provisions of Articles 9, 12 and 14 of the Organic Law 4/2000 of 11 January 2000 on human rights and freedoms of foreigners in Spain and their social integration. "

Four. Article 15 (3) is amended as follows:

" 3. In the provision of the services referred to in paragraph 1 of this Article, account shall be taken of the specific situation of persons in whom a particular vulnerability exists, such as minors, unaccompanied minors, persons of elderly, pregnant women, single parent families with minor children and persons who have suffered torture, rape or other serious forms of psychological, physical or sexual violence, in accordance with the guidelines contained in the recommendations International organizations that are responsible for the treatment of these population groups displaced or sheltered. "

Five. Article 22 (2), which is worded as follows, is amended as follows:

" 2. By way of derogation from the previous paragraph, the Minister of the Interior, in application of Article 17 (2) of Law 5/1984 of 26 March on the right of asylum and of the condition of the right of asylum, is to be admitted to the It may authorise the entry of the foreign country and its stay in Spain in accordance with Article 31 (3) and (4) of this Regulation. "

Six. Article 23 (2) is amended and read as follows:

" 2. By way of derogation from the above paragraph, if the applicant for asylum has failed to meet the requirements to remain in Spain in accordance with the rules on foreign nationals, or if humanitarian reasons are deemed to exist as Article 17.2 of Law 5/1984, of 26 March, regulating the right of asylum and refugee status, the Minister of the Interior, on a proposal from the Inter-Ministerial Committee for Asylum and Refuge, may authorize his stay in Spain terms provided for in Article 31 (3) and (4) of this Regulation. "

Seven. Article 30 is amended as follows:

" Article 30. Social and economic benefits.

If the refugee does not have a job or an economic means to meet his or her family's needs, he or she may benefit from the provisions of Article 15 of this Regulation and of the general or special programmes which establish in order to facilitate their integration. They may also benefit from persons whose authorization to remain in Spain has been agreed in accordance with the provisions of Article 17.2 of Law 5/1984 of 26 March on the right of asylum and refugee status, in the terms provided for in Article 31.3 of this Regulation. '

Eight. Article 31 (3), which is worded as follows, is amended as follows:

" 3. The Minister of the Interior, acting on a proposal from the Inter-Ministerial Committee for Asylum and Refuge, may authorize the stay in Spain, as provided for in Article 17.2 of Law 5/1984 of 26 March, regulating the right of asylum and the refugee status, provided that serious and well-founded reasons are given to determine that the return to the country of origin would be a real risk to the life or physical integrity of the person concerned.

This authorisation will take the form of an authorisation to stay. Within one month from the date of notification of the decision, with the exception of delays for justified reasons, the person concerned shall apply for the temporary residence permit provided for in Article 45 (3) of the Organic Law Regulation. 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration. Once this authorization is requested, the decision of the Minister of the Interior authorizing the stay of the person concerned in Spain will have the effect of authorization of work and will allow, if necessary, the discharge of the person concerned Social, until the express resolution on the request is made. These circumstances shall be expressly stated in the Home Secretary's own resolution. "

Nine. Article 31 (4) is amended as follows:

" 4. For humanitarian reasons other than those referred to in the previous paragraph, the Minister of the Interior, acting on a proposal from the Inter-Ministerial Committee for Asylum and Refuge, may authorise the presence of the person concerned in Spain and, where appropriate, recommend the granting of a residence permit as provided for in Article 45 (3) of the Regulation of the Organic Law 4/2000 of 11 January 2000 on the rights and freedoms of foreigners in Spain and their social integration, provided that where the concurrency of such humanitarian reasons is credited to the application file for asylum. Such a stay shall take the form of an authorisation to stay. '

Ten. A new paragraph 5 is added to Article 31, with the following wording:

" 5. If the reasons for which the authorization of stay or residence is granted remain valid, the person concerned may, as appropriate, request the renewal of the authorization of stay or temporary residence. Where appropriate and in any case in the cases referred to in paragraph 3 of this Article, the competent authority shall request a report from the Inter-Ministerial Asylum and Shelter Committee on that validity. After three months from the date of application for renewal without any express resolution, the renewal shall be deemed to be a positive silence.

Alternatively, and subject to compliance with the requirements laid down for this purpose, with the exception of the visa, the person concerned may obtain an authorization of residence and work, of the duration corresponding to the duration of the has resided and, where appropriate, legally worked in Spain. "

Final disposition fourth. Entry into force.

The present royal decree and the regulation which it approves will enter into force in the month of its publication in the "Official Gazette of the State", except as provided for in Article 45.2.a) of the Regulation, which will enter into force at the six months of the entry into force of the Regulation itself.

Given in Madrid, on December 30, 2004.

JOHN CARLOS R.

The First Vice President of the Government and Minister of the Presidency,

MARIA TERESA FERNANDEZ DE LA VEGA SANZ

REGULATION OF THE ORGANIC LAW 4/2000 OF 11 JANUARY ON THE RIGHTS AND FREEDOMS OF FOREIGNERS IN SPAIN AND THEIR SOCIAL INTEGRATION

TITLE I

Spanish territory entry and exit regime

CHAPTER I

Input and Output positions

Article 1. Entry by enabled posts.

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

2. By way of derogation, the authorities or officials responsible for border control may authorise the crossing of borders, outside the designated posts or days and hours, to those in the following cases:

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

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

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

Article 2. Enabling posts.

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

2. In the case of the clearance of posts at ports or airports, the order of the Minister of the Presidency shall be adopted jointly by the Ministers for Foreign Affairs and Cooperation, Economic and Finance and the Interior. favourable report of the ministería department of which the port or airport is dependent.

Article 3. Closure of enabled posts.

1. The closure, on a temporary or indefinite basis, of posts authorised for the entry and exit of Spain, may be agreed at the order of the Minister of the Presidency, on a proposal from the competent ministers, when this is the case, either of the provisions to be applied as a result of states of alarm, exception or site, or in application of special laws, in cases where the interests of national defence, state security and health protection are required; and (i) the safety of citizens, as well as in cases of high irregular migratory pressure, without prejudice to the possibility of de-concentrating such competition.

2. Posts may be closed or moved in cases other than those provided for in the previous paragraph, provided that their location is unnecessary or inconvenient, through the procedures laid down in the standard.

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

CHAPTER II

Input: Requirements and Bans

Article 4. Requirements.

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

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

(b) Entitlement to the corresponding visa, in accordance with the terms laid down in Article 6.

c) Justification of the object and the conditions of the stay in the terms set out in Article 7.

(d) Accreditation, if any, of the economic means sufficient to sustain them during the period of stay in Spain, or to be able to obtain them, as well as for the transfer to another country or the return to the the origin, in the terms laid down in Article 8.

(e) Presentation, where appropriate, of the medical certificates referred to in Article 9.

f) Not subject to an entry ban, in the terms of Article 10.

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

2. Foreign nationals who do not fulfil the conditions laid down in the previous paragraph may be authorised to enter Spain where there are exceptional reasons of a humanitarian nature, public interest or fulfilment of commitments acquired by Spain. In such cases, the foreign delivery of the accreditation of the authorization of entry for any of these causes shall be made abroad.

Article 5. Documentation for the entry.

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

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

b) Travel title, validly issued and in force.

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

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

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

4. The admission of collective passports will be in accordance with the international conventions that exist or are conceived by Spain, and in both cases it will be necessary to have the previous report of the Ministry of the Interior.

Article 6. Visa requirement.

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

2. For stays of up to three months in a period of six or for transit less than five days, they will not need a visa:

(a) The nationals of countries with whom their abolition has been agreed, in the form and conditions laid down in the relevant agreement.

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

(c) Members of the crew of foreign passenger and commercial vessels, when documented with a document of identity of the seafarers in force and only during the scale of the ship or when it is located in transit to ship to another country.

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

(e) Foreign nationals holding a residence permit, provisional authorisation of residence or a diplomatic accreditation card issued by the authorities of another State with which Spain has subscribed a international agreement that provides for this possibility. Such authorisations shall have a minimum term of validity equal to the period of stay, or of the duration of transit, provided for at the time of application for entry.

3. Foreign nationals holding an identity card abroad, a foreign student card, a diplomatic accreditation card, or the return authorization provided for in the country shall not be required to enter Spanish territory. Article 18 and the holders of a cross-border worker's card in respect of entry into the Spanish territory which forms a border with the country of the worker, provided that the authorisations certifying those documents have been issued by the Spanish authorities and are in force at the time of application for entry.

Article 7. Justification of the object and conditions of the entry.

1. Foreigners must, if required, specify the reason for their application for entry into Spain. Officials responsible for checking the entry into service, inter alia, for the purpose of the journey and for their duration may require them to submit documents which justify or establish the likelihood of the entry into force. invoked.

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

a) For professional travel:

1. The invitation of a company or an authority issued, in the terms set by the order of the Minister of the Presidency, on a proposal from the Ministers of Foreign Affairs and Cooperation, the Interior and Labour and Social affairs, to participate in meetings of a commercial, industrial or service-related nature.

2. º Documents from which there are commercial or service-related relationships.

3. Access cards to fairs and congresses.

b) For travel of a tourist or private nature:

1. The supporting document of the establishment of lodging or letter of invitation of a particular, issued in the terms set by the order of the Minister of the Presidency, on the proposal of the Ministers of Foreign Affairs and The Committee on Economic and Monetary Affairs and Industrial Policy. In no case shall the letter of invitation provide for the foreign accreditation of the other requirements required for entry.

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

3. Ticket or tour circuit.

c) For travel for other reasons:

1. º Invitations, reservations, or programs.

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

3. Foreign nationals applying for entry, to justify the likelihood of the invoked plea, may submit any document or evidence which, in their view, justifies the likelihood of the entry of the grounds of entry.

Article 8. Accreditation of economic means.

The foreign national must prove, at the time of entry, that he has sufficient economic resources or means of life for his or her support and that of the persons in his or her position who travel with him, during the period of stay in Spain, or which is in a position to legally obtain such means, as well as to cover the transfer to another country or the return to the country of origin. By order of the Minister of the Presidency, on a proposal from the Ministers for Foreign Affairs and Cooperation, the Interior and Labour and Social Affairs, the amount of the means of life required for these purposes, as well as the to accredit your possession.

Article 9. Health requirements.

When determined by the Ministry of the Interior, according to the Ministries of Health and Consumer Affairs and Labor and Social Affairs, all those persons intending to enter Spanish territory must present in the border posts a health certificate issued in the country of origin by the medical services designated by the Spanish diplomatic mission or consular post, or subject to their arrival at the border, to a medical examination by the competent Spanish health services, to prove that they do not have any of the diseases susceptible to quarantine provided for in the International Health Regulations, as well as in international commitments on the subject subscribed by Spain, without prejudice to the provisions of the Union legislation, European.

Article 10. Entry ban.

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

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

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

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

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

e) Tengan prohibited entry under international conventions in which Spain is a party, unless it is deemed necessary to derogate for humanitarian or national interest reasons.

Article 11. How to make the entry.

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

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

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

Article 12. Entry declaration.

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

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

Article 13. Denial of entry.

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

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

Article 14. Obligations of document control carriers.

1. When they embark, outside the territory of the countries in which the Convention implementing the Schengen Agreement is in force, of 14 June 1985, travellers with or in transit to the Spanish territory, the person or persons to whom the The transport undertaking shall require all foreigners to present their passports, travel certificates or relevant identity documents, as well as, where appropriate, a visa, in order to verify their validity and validity.

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

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

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

Article 15. Obligations of the transmission of information carriers.

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

2. By joint resolution of the Ministry of Labour and Social Affairs and the Ministry of the Interior, the routes from outside the Schengen Area shall be determined in respect of which it is necessary to forward to the Spanish authorities responsible for The information referred to in Article 66.1 and 2 of the Organic Law 4/2000 of 11 January 2000, taking into account the intensity of migratory flows and in order to combat illegal immigration, has been given sufficient time to enter into and ensure public safety. The resolution shall indicate, inter alia, the time limit and the manner in which such information is to be sent.

Article 16. Obligations of carriers in case of refusal of entry.

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

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

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

CHAPTER III

Outputs: Requirements and Bans

Article 17. Requirements.

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

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

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

Article 18. Documentation. Deadlines.

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

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

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

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

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

6. By way of derogation from the foregoing paragraphs, a foreign national whose residence permit or authorization of stay would have lost validity shall be issued with a return authorization to allow the departure of Spain and subsequent return to the country. national territory within a period of not more than 90 days, provided that the applicant accredits that he has initiated the renewal procedures of the title which enables him to remain in Spain, within the legal period fixed for that purpose. When the journey is in need, the return authorisation shall be processed on a preferential basis.

7. Where the foreign national proves that the trip is in a situation of need and there are exceptional reasons, the return authorisation referred to in the previous paragraph may be issued if the initial application for a authorization of residence or authorization of stay for studies and the issue of the identity card abroad or the student card is pending.

Article 19. How to do the output.

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

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

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

Article 20. Exit bans.

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

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

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

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

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

2. Exit bans shall be adopted on an individual basis by the Minister of the Interior, as appropriate, on his own initiative, on a proposal from the Secretary of State for Immigration and Emigration, the Secretary of State for Security, the Delegate or Subdelegation of the Government, health authorities or at the request of the Spanish citizens and foreign legal residents in Spain who may be harmed, in their rights and freedoms, by the departure of the foreign nationals of the Spanish territory. Exit bans must be formally notified to the person concerned and must express the resources against them, the body before which they must be submitted and the time limit for bringing them together.

TITLE II

Transit

Article 21. Definition.

Those foreigners who are entitled to cross the Schengen Area are in transit from a third State to another State that admits to that foreign country or to remain in the international transit zone of a Spanish airport, without access to the national territory, during the flight stops or links.

Article 22. Requirement and classes of transit visa.

1. In order to carry out the territorial or airport transit, the foreigner must obtain the corresponding visa, except in cases where the visa is not required.

2. Transit visas allow one, two or, exceptionally, several times to transit, and may be:

(a) Visado of territorial transit: entitles the foreigner to cross the Spanish territory in travel, lasting no more than five days, from a third State to another that admits to that foreigner.

(b) Airport transit visa: enables foreign nationals specifically subject to this requirement to remain in the international transit zone of a Spanish airport, without access to the national territory, during stopovers or Flight links.

3. Territorial transit visas may be granted as a collective visa in favour of a group of foreigners, not less than five or more than 50, participating in an organised journey, provided that the entry and exit of the visa within the group.

Article 23. Procedure.

1. The application for a transit visa must be submitted, in official format, either personally or through the duly accredited representative, in the Spanish diplomatic mission or consular post in whose demarcation the foreigner resides. Exceptionally, if the average cause justifying it, and after consulting the Ministry of Foreign Affairs and Cooperation, it may be presented in a different diplomatic mission or consular post.

In accordance with European Union legislation, Spanish diplomatic missions and consular offices may issue transit visas on behalf of another country. Similarly, diplomatic missions or consular posts of another State party may issue uniform transit visas for the Spanish territory on behalf of Spain.

2. Applications for visas shall be accompanied by the supporting documents:

a) The conditions of the transit.

b) The provision of means of subsistence in the period requested.

(c) The guarantees of admission to the country of destination, after the transit through Spain or through the territory of the State for which the visa is requested.

d) The period of validity of the passport during the time for which it is requested.

e) Health insurance.

(f) The authorisation to travel from the person exercising the parental authority or guardianship, if the applicant is a minor.

3. The applicant may also require the documentation to prove:

(a) The residence at the place of the application, as well as the links or roots in the country of residence.

b) The professional and socio-economic status of the applicant.

4. When processing the procedure, the diplomatic mission or consular post may require the applicant to appear and, where it considers necessary, maintain a personal interview to verify the identity of the applicant, the validity of his or her personal documentation or the documentation provided, the reason, the itinerary, the duration of the journey and the guarantees of return to the country of residence. In any case, if the applicant does not appear in person for 15 days from the request, the application will be withdrawn and the file of the procedure will be produced.

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

6. In the case of a decision refusing to comply with certain of the entry requirements, including the requirement to appear as a non-admissible person, it shall be notified by the common application formula adopted by the implementing rules for the international agreements for the abolition of border controls in which Spain is a party, and shall express the appeal against it, the body to which it should be considered and the time limit for the interposition.

7. In the event of a visa being granted, the foreigner must collect it within one month of notification, either personally or by duly accredited representative. If the collection is not carried out within the period referred to above, the person concerned shall be deemed to have waived the visa granted and the file of the file shall be produced. In any case, the validity of the visa shall be lower than that of the passport, title or travel document on which it is issued.

Article 24. Exceptional authorization for transit.

In exceptional cases duly accredited or entrusted by the Ministry of Foreign Affairs and Cooperation, and subject to compliance with the other requirements set out in this Chapter, those responsible for the services Police in charge of the control of entry of persons on national territory may issue transit or visa authorisations at the border.

TITLE III

The stay in Spain

Article 25. Definition of stay.

1. A foreigner who is not the holder of a residence permit and is authorised to remain in Spain for an uninterrupted period or a sum of successive periods whose total duration does not exceed 90 is in a state of residence days per semester as from the date of first entry, without prejudice to the provisions of Title VII for students or researchers and their family members.

2. The status of stay shall be authorised through the relevant stay visa, except in cases where the stay is not required, or, where appropriate, through the resolution of the extension of stay.

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

CHAPTER I

Requirements and procedure

Article 26. Visas for stay. Classes.

Stay visas can be:

a) Visado for short stay: will enable the stay up to a maximum of three months with one, two, or several entries.

Exceptionally, for stays not exceeding thirty days, it may be granted as a collective visa in favor of a group of foreign participants of a trip, organized socially or institutionally. The number shall not be less than five and not more than 50 and the entry, stay and exit must always be within the group, with at least one person responsible, who must be provided with a personal passport and, if required, an individual visa. It shall expire in the course of the stay granted, when it is exhausted within the period of validity of the visa or the number of authorised entries.

Only in the cases provided for in Article 39 of the Organic Law 4/2000, of January 11, the visa of stay will authorize the holder to seek employment and apply for the authorization of residence and work in Spain during his the terms and conditions laid down in this Regulation, which the Government shall complete by agreement.

(b) Multiple-stay visa: will enable multiple stays abroad, the sum of which may not exceed ninety 90 days per semester, for one year. Exceptionally, it may be issued for a period of several years.

Article 27. Application for a stay visa.

1. The applicant for a stay visa shall submit his application as an official model, either personally or through duly accredited representative, in the Spanish diplomatic mission or consular post in whose demarcation he resides. Exceptionally, and if the Ministry of Foreign Affairs and Cooperation is to be justified on average and after consulting the Ministry of Foreign Affairs, this request may be made in any diplomatic mission or Spanish consular post.

2. In accordance with the application of the arrangements for the common system of visas of an international character in which Spain is a party, diplomatic missions or Spanish consular posts may issue visas to stay on behalf of another Member State. country. Similarly, diplomatic missions or consular posts of another State party may issue uniform visas of residence valid for the Spanish territory and on behalf of Spain.

3. In exceptional cases duly accredited or entrusted by the Ministry of Foreign Affairs and Cooperation, and subject to compliance with the other requirements set out in this Chapter, those responsible for the police services of the Ministry of the Interior in charge of the control of entry of persons on national territory, may issue visas at the border of stay.

Article 28. Documentation required for stay visas. Procedure.

1. Applications for a stay visa shall be accompanied by the supporting documents:

(a) The validity of the applicant's passport or travel document for the entire period for which the stay is requested.

b) The object of the trip and the conditions of the intended stay.

c) The provision of sufficient means of subsistence for the period requested.

d) A health insurance covering, throughout the time of their stay and in all the States implementing the international agreements for the abolition of border controls in which Spain is a party, the medical expenses and the repatriation associated with an accident or sudden illness.

e) The provision of accommodation in Spain during the stay.

(f) The guarantees of return to the country of origin, including a return ticket with a closed return date that does not exceed the maximum authorised period of stay.

g) The authorisation to travel from the person exercising the parental authority or guardianship, if the applicant is a minor.

2. Documents certifying:

may be required of the applicant:

(a) The residence at the place of the application, as well as the links or roots in the country of residence.

b) The professional and socio-economic status of the applicant.

c) Compliance with the return deadlines in the case of previously granted visas.

3. The applicant for a stay visa may provide in support of his application a letter of invitation from a Spanish citizen or a legal resident alien obtained in accordance with the requirements to be established by order of the Minister of the Presidency, Proposal from the Ministers for Foreign Affairs and Cooperation, the Interior and Labour and Social Affairs. Such a letter shall be sufficient to ensure compliance with the alleged content in paragraph 1 (e). In no case shall the letter of invitation provide for the foreign accreditation of the other requirements of paragraph 1.

4. The diplomatic mission or consular post may require the appearance of the applicant and, where necessary, maintain a personal interview, in order to verify the identity of the applicant, the validity of his or her personal documentation documentation provided, the regularity of the stay or residence in the country of application, the reason, itinerary, duration of the trip and the guarantees of return to the country of residence, as well as the verification of the return in time in the case of visas previously granted. Failure to appear within the prescribed period, which may not exceed 15 days, shall have the effect of considering the person concerned to be withdrawn in the proceedings.

5. Submitted in form or under a visa application, the diplomatic mission or consular post shall instruct the relevant procedure and resolve and issue, where appropriate, the visa.

6. In the case of a decision refusing to comply with certain of the entry requirements, including the requirement to appear as a non-admissible person, it shall be notified by the common application formula adopted by the implementing rules for the international agreements for the abolition of border controls in which Spain is a party, and shall express the appeal against it, the body to which it should be asked and the time limit for the interposition.

7. If the visa is granted, the foreign national must collect the visa within one month of his notification, and at that time provide the passport or travel documentation to the holder, without prejudice to the possibility of such a procedure being carried out. by duly accredited representative. If the collection is not carried out within the above period, the person concerned shall be deemed to have waived the visa granted and the file of the procedure shall be produced. In any case, the validity of the visa shall be lower than that of the passport, title or travel document on which it is issued.

CHAPTER II

Extension of stay and extinction

Article 29. Extension of stay. Procedure.

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

.

In the case of entry with a visa, where the duration of the visa is less than three months, the stay may be extended, which in no case may be longer than three months in a period of six months.

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

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

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

c) Proof that you have adequate means of life for the extension time you are applying for, in the terms set out in Title I.

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

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

3. The applicant must personally identify himself to the foreign office, head office or police station of the locality in which he is located, when making the application or at the time of the processing in which he or she was required by the competent body.

4. The extension of the stay may be granted by the Government's Subdelegates, Government Delegates in the Autonomous Communities, and by the Commissioner General of Foreign Affairs and Documentation of the Directorate General of Police, to proposal from the top leadership or police station, if the following circumstances are present:

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

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

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

2. Eject or Return.

5. The extension of the stay shall be entered in the passport or travel title, or in a separate document if the person concerned has entered Spain with other documentation, subject to the payment of the legally established tax rates, and shall cover his/her the holder and the family members who, where appropriate, appear in those documents and are in Spain.

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

Article 30. Termination of validity of the extension of stay.

The extinction of the duration of the extended stay will occur for the following reasons:

a) For the duration of the period for which it would have been granted.

(b) To be found abroad in any of the causes of prohibition of entry determined in Title I.

CHAPTER III

Exceptional stay scenarios

Article 31. Stay in alleged entry or irregular documentation.

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

Article 32. Courtesy visa.

1. Persons to whom the Ministry of Foreign Affairs and Cooperation shall issue a courtesy visa shall also be in a state of residence.

2. The courtesy visa may be issued to the persons referred to in Article 2 of the Organic Law 4/2000, of January 11, or to the official diplomatic or service passport holders. Where appropriate, it may be extended by the Ministry of Foreign Affairs and Cooperation.

TITLE IV

Residence

Article 33. Definition and assumptions of residence.

1. Foreigners who are in Spain and who are the holders of an authorization to reside are residents.

2. Residents may be in a situation of temporary residence or permanent residence.

3. Residents may engage in work activities where they are authorised to do so, in accordance with the terms laid down in Organic Law 4/2000 of 11 January and in this Regulation.

CHAPTER I

Temporary Residence

Article 34. Definition.

In the situation of temporary residence the foreigner who is authorized to remain in Spain, for a period of more than ninety days and less than five years, without prejudice to the provisions of Title VII.

Section 1. Temporary Residence

Article 35. Procedure and requirements.

1. A foreigner who wishes to reside temporarily in Spain without carrying out work activities, must apply for a visa, according to the official model, personally in the Spanish diplomatic mission or consular post of his/her demarcation residence. The Ministry of Foreign Affairs and Cooperation, if justified, may determine the diplomatic mission or consular post in which the visa application is to be submitted.

Exceptionally, in application of the provisions of the first subparagraph of paragraph 2 of the third subparagraph of the Organic Law 4/2000 of 11 January, the diplomatic mission or consular post shall accept the presentation of the application by a legally accredited representative where there are reasonable grounds for hindering the movement of the applicant, such as the remoteness of the mission or office, transport difficulties making the journey particularly burdensome or evidence of disease or physical condition which significantly hinders its mobility.

2. The application for a visa shall accompany:

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

(b) A certificate of criminal history, or equivalent document, in the case of a higher criminal age applicant, to be issued by the authorities of the country of origin or of the country or countries in which he has resided during the last Five years and in which no convictions for crimes existing in the Spanish order must be recorded.

(c) A medical certificate, in order to prove that it does not suffer from any of the quarantine diseases provided for in the International Health Regulations.

d) Documents that provide sufficient means of living to meet their living and subsistence expenses, including, where appropriate, those of their family, during the period of time for which they wish to reside in Spain, without need to develop any job activity.

3. During the substantiation of the visa procedure, the diplomatic mission or consular post may require the applicant to appear and, where necessary, maintain a personal interview, in order to verify his/her identity, the validity of the documentation provided and the accuracy of the reason for applying for the visa. Failure to appear, except in force majeure, within the prescribed period, which may not exceed 15 days, shall have the effect of considering the person concerned to be withdrawn in the proceedings.

When the conclusion of the interview is determined, at least two representatives of the Spanish administration must be present, in addition to the interpreter, if necessary, and their content must be recorded by means of an act signed by the present, from which the data subject shall be copied.

If the representatives of the Administration come to the conviction that there are sufficient indications to doubt the identity of the persons, the validity of the documents, or the veracity of the reasons alleged for apply for the visa, the grant of the visa shall be refused. If an interview has been held, a copy of the report shall be sent to the body which initially granted the authorisation.

4. Submitted in form the application for a visa or, where appropriate, subsated, in the terms provided for in Article 71 of Law 30/1992, of 26 November, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure, the diplomatic mission or consular post, provided that it has not resolved the inadmissibility or refusal of the visa or the file of the procedure, circumstances that will have to be notified in the terms provided for in this regulation, will give transfer of the Request, by means of telematic means and simultaneously where possible, to the Ministry of Foreign and Cooperation and the Delegation or Subdelegation of the Government in whose demarcation the residence is requested by the foreigner to resolve the matter of the residence permit.

5. The delegation or subdelegation of the Government shall, within a maximum of one month from the receipt of the request, decide to grant or refuse the residence permit in a reasoned manner, subject to a report on the police services relating to the existence of reasons that could prevent it.

The Government Delegation or Subdelegation shall communicate this resolution, by means of telematic means and simultaneously, where possible, to the Ministry of Foreign Affairs and Cooperation and to the consular post or mission. The competent authority shall ensure that the competent authorities of the Member State of the European Union and the Member States of the European Union are responsible for the implementation of the

.

6. If the decision is unfavourable, and if it is not communicated within one month, the diplomatic mission or consular post shall resolve the refusal of the visa.

7. If the decision is favourable, the diplomatic mission or consular post shall, in order to comply with the other requirements, resolve and issue the visa.

8. Notified, where appropriate, the granting of the visa, the applicant shall personally collect it within one month of the notification. If this is not the case, the person concerned shall be deemed to have waived the visa granted, and the file of the procedure shall be produced.

9. Also, once the visa has been collected, the applicant must enter the Spanish territory, in accordance with the provisions of Title I, within the period of validity of the visa, which shall in no case be more than three months, and, once the visa has been The identity card of a foreign person must be personally requested within one month before the office concerned. Such a card shall be issued by the time limit for the validity of the temporary residence permit and shall be withdrawn by foreign nationals.

Article 36. Effects of visa and duration.

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

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

Article 37. Renewal of the temporary residence permit.

1. A foreigner wishing to renew his/her authorization of temporary residence must personally request it before the competent body for processing, during the sixty calendar days prior to the date of expiry of the validity of his/her authorization.

2. The application, in official form, shall accompany the documentation certifying that the circumstances permitting such renewal are met, such as:

a) Passport in force or travel title, recognized as valid in Spain, as well as the foreign identity card in force.

(b) Documents that credit the economic resources or the means of life sufficient to meet their living expenses, as well as the health insurance, during the period of time for which the residence is intended to be renewed Spain without the need to carry out any work activity.

3. The competent office for the processing of the procedure shall obtain the criminal record and shall decide. In accordance with Article 31.4 of the Organic Law 4/2000 of 11 January 2000, the possibility of renewing the authorisation of residence shall be assessed in the light of the circumstances of each case, taking into account the seriousness of the facts. foreign nationals who have been convicted by the commission of a crime and have served the sentence, those who have been pardoned or those to whom the suspension has been applied for the execution of the sentence.

4. The renewed temporary residence permit shall be valid for two years, unless it is appropriate to obtain a permanent residence permit.

5. The submission of the application within the time limit referred to in paragraph 1 shall extend the validity of the prior authorisation until the decision has been taken.

It shall also be extended until the resolution of the procedure in the case where the application is lodged within three months after the date of the end of the validity of the previous authorisation, without prejudice to the opening of the relevant sanctioning procedure for the offence in which it was incurred.

6. The favourable resolution shall be notified to the person concerned with an indication of the amounts to be paid in respect of fees for the renewal requested, as well as for the issue of the new identity card abroad.

7. Where the administration does not expressly resolve within three months of the submission of the application, the resolution shall be deemed to be favourable. Upon application by the person concerned, the authority responsible for granting the authorization shall be obliged to issue the certificate attesting to the renewal for that reason and, within one month of notification thereof, the holder shall be required to request the renewal of the foreign identity card.

Section 2. Temporary Residence under Family Regrouping

Article 38. Definition.

Is in a situation of temporary residence, for reasons of family reunification, the foreigner who has been authorized to remain in Spain under the right to family reunification exercised by a resident foreigner who has been legally resident in Spain for one year and has obtained authorisation to reside for at least another year.

Article 39. Regrouping relatives.

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

(a) Your spouse, as long as you are not separately in fact or in law and that the marriage has not been held in law fraud. In no case 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 separated from his or her spouse and married in second or later marriage may only regroup with him to the new spouse and their family members if he/she is credited with the separation of their previous marriages after a a legal procedure which establishes the situation of the former spouse and his/her family members in relation to the common housing, the pension to the spouse and the food for the dependent children.

(b) Your children or their spouse, including those adopted, provided that they are under eighteen years of age or are incapacitated, in accordance with Spanish law or their personal law, and are not married. In the case of children of one of the spouses only, it shall be required, in addition, that the latter exercise the parental authority or have been granted custody and are in fact in charge. 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) Children under eighteen years of age or unable when the foreign resident is their legal representative.

d) Your relatives or their spouse, when they are in charge and there are reasons to justify the need to authorize their residence in Spain.

(e) Family members shall be deemed to be in charge of the regrouping when they prove that, at least during the last year of their residence in Spain, they have transferred funds or incurred expenses from their family member in a proportion that permits inferring an effective economic dependency. By order of the Minister of the Presidency, on a proposal from the Ministers for Foreign Affairs and Cooperation, the Interior and Labour and Social Affairs, the amount or the percentage of revenue deemed to be sufficient shall be determined effects, as well as how to credit them.

Article 40. Family reunification by regrouped residents.

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

.

2. In the case of the ascendants, they may only exercise the right of family reunification after having obtained the status of permanent resident in an independent manner in respect of the regrouping and credit the economic solvency of the address the needs of the members of your family who intend to regroup.

3. Exceptionally, the regrouped parent who is a minor or unfit child, may exercise the right of regrouping in the terms laid down in paragraph 1.

Article 41. Independent residence of regrouped family members.

1. The regrouped spouse may obtain a temporary residence permit, independent of that of the regrouping, when obtaining the corresponding authorisation to work. In any case, the regrouped spouse who is not separated may apply for an independent residence permit when he has resided in Spain for five years.

2. In addition, the regrouped spouse may obtain an independent temporary residence permit when any of the following assumptions are made:

(a) When the conjugal link that gave rise to the situation of residence is broken, by separation of law or divorce, provided that the coexistence in Spain with the spouse regrouping for at least two years is established.

b) When she was a victim of gender-based violence, once she was handed a court order for protection.

c) Because of the death of the regroup.

3. In the cases provided for in the preceding paragraph, where, in addition to the spouse, other family members have been regrouped, they shall retain the residence permit granted and shall, for the purposes of the renewal referred to in Article 44, depend on the member of the family they live with.

4. Children and children on whom the regrouping holds the legal representation, shall obtain an authorisation of independent temporary residence when they reach the age of majority and obtain an authorisation to work, or when they have reached the majority of age and resided in Spain for five years.

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

6. The spouse not separated in fact or from legal resident right, and children of working age, who have previously been regrouped, may obtain an authorization to work without having to obtain an authorization for an independent residence, where the conditions laid down in the contract of employment which have led to the authorisation, as part-time or for the duration of the provision of services, give rise to a remuneration lower than the minimum inter-professional wage on time complete in annual computation.

Article 42. Procedure for family reunification.

1. A foreign person wishing to exercise the right of family reunification must, in person, before the competent body for processing, apply for a temporary residence permit in favour of the members of his family wishing to regroup. The application for family reunification may be filed by a foreigner who has the authorization to reside in Spain for one year and has applied for authorization to reside for at least another year. In any event, the regroupable family member's authorization of residence may not be granted until the effective renewal of the regrouping's authorization has occurred, or until his application for renewal has been estimated by silence. positive, without prejudice to the further obligation to issue express resolution, in accordance with Article 43.4. (a) of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

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

a) Copy of the supporting documentation of family ties and, where appropriate, age, and legal and economic dependence.

b) Copy of the applicant's passport, travel document or registration card in force.

c) A copy of the corresponding residence or residence and work authorization, already renewed, or, together, of the first authorization and the renewal request stub.

d) Accreditation of employment and/or sufficient economic resources to meet the needs of the family, including healthcare, in the event of not being covered by Social Security. By order of the Minister of the Presidency, on a proposal from the Ministers of the Interior and Labour and Social Affairs, the amount of the means of life required for these purposes shall be determined, as well as the way in which their possession is credited, counts the number of people who would be dependent on the applicant from the regrouping.

e) Documentary Justification that accredits the availability, by the regrouping, of adequate housing to meet the needs of the regrouping and the family.

This requirement must be justified by a report issued by the Local Corporation of the place of residence of the regrouping. Within a maximum of 15 days from the request, the Corporation shall issue the report and notify the person concerned and, at the same time and by telematic means where possible, the competent authority to resolve the regrouping.

Subsidiary, this requirement may be justified by presenting a mixed notarial act of presence and demonstrations in the event that the local Corporation has not proceeded to issue the housing availability report within the period indicated, which will be credited with the copy of the request made.

In any case, the report or notarial act must refer to the following extremes: title to enable for occupancy of the dwelling, number of rooms, use to which each of the housing units is intended, number of people who inhabit it and conditions of habitability and equipment.

f) In cases of spouse regrouping, affidavit of the regrouping that another spouse does not reside with him in Spain.

3. If the application is submitted in a form or under a remedy, the competent authority shall treat it and decide, after a police report on the existence of reasons which, where appropriate, prevent it.

4. In the case of a decision of refusal, the person concerned shall be notified and the cause of the refusal shall be substantiated.

5. In the event that the alien complies with the requirements laid down for family reunification, the competent authority shall decide to grant the temporary residence permit by regrouping, and the effectiveness of the authorization shall be suspended. authorisation until the issue of the visa, and until the actual entry of the foreign country into national territory.

6. This resolution shall be communicated to the regrouping and, where possible, by telematic means, to the Ministry of Foreign Affairs and Cooperation and to the diplomatic mission or consular post in whose demarcation the foreigner resides. In the communication to the person concerned, it shall be expressly stated that the authorization shall not have its effect until the visa has been obtained and the subsequent entry into Spain of its holder, except in cases where it may be exempted from this obligation to apply an exceptional circumstance provided for in law or regulation.

7. Where the regrouping has temporary residence authorisation, the validity of the residence permit for the regrouped family members shall be extended to the same date as that of the regrouping.

When the regrouping has permanent residence authorization, the validity of the first residence authorization of the regrouped family members will extend to the date of validity of the foreign identity card of the regrouping. The subsequent residence permit for the regrouped shall be of a permanent character.

Article 43. Processing of the visa in the family reunification procedure.

1. Within two months of notification to the regrouping of the granting of the authorisation, the family member to be regrouped shall personally apply for the visa in the diplomatic mission or consular post in whose demarcation it resides. The Ministry of Foreign Affairs and Cooperation, if justified, may determine the diplomatic mission or consular post other than the one in which the visa application is submitted.

Exceptionally, pursuant to the first subparagraph of paragraph 2 of the third subparagraph of the Organic Law 4/2000 of 11 January, the diplomatic mission or consular post shall accept the presentation by legally accredited representative where there are reasonable grounds for hindering the movement of the applicant, such as the remoteness of the mission or office, difficulties of transport making the journey particularly burdensome or disease or physical condition which significantly difficulties their mobility. In the case of a minor, a duly accredited representative may be requested to do so.

It will constitute a cause of inadmission to the application for a visa and, where appropriate, of refusal, the fact that the foreigner is found in Spain in an irregular situation, evidenced by the power of representation or by data that consten in the Administration.

2. The visa application must be accompanied by:

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

(b) A certificate of criminal record or equivalent document, in the case of an older applicant of criminal age, to be issued by the authorities of the country of origin or of the country or countries in which he has resided during the last Five years and in which no convictions for crimes existing in the Spanish order must be recorded.

c) Copy of the notified residence authorization to the regroup.

(d) Original documentation that establishes the family ties and, where applicable, age and legal or economic dependence.

e) Medical certificate in order to prove that it does not suffer from any of the quarantine diseases provided for in the International Health Regulations.

3. During the substantiation of the visa procedure, the diplomatic mission or consular post may require the applicant to appear and, where necessary, maintain a personal interview, in order to verify his identity, the family link alleged, where appropriate, the legal or economic dependence and the validity of the documentation provided. Failure to appear, except force majeure, within the prescribed time limit, which may not exceed 15 days, shall have the effect of considering the person concerned to be withdrawn in the proceedings.

When the conclusion of the interview is determined, at least two representatives of the Spanish administration and the representative of the person concerned must be present, in case the latter is smaller, in addition to the interpreter, if necessary. The content of the document shall be recorded by means of an act signed by those present, which shall be copied to the person concerned.

4. If the representatives of the Administration come to the conviction that there are sufficient indications to doubt the identity of the persons, the validity of the documents, or the veracity of the reasons alleged to apply for the visa, refuse to grant it in a reasoned manner and, if an interview has been held, a copy of the minutes shall be forwarded to the body which initially granted the authorisation.

5. The diplomatic mission or consular post, in order to comply with the requirements, shall notify the granting of the visa, where appropriate, within the maximum period of two months, and shall be collected by the applicant, in person, except in the case of of minors, in which it may be collected by your representative. If the collection is not carried out, the person concerned shall be deemed to have waived the visa granted, and the file of the procedure shall be produced.

6. If the visa is collected, the applicant must enter the Spanish territory during the period of validity of the visa, which in no case shall be more than three months, in accordance with the provisions of Chapter I of this Regulation. Within one month from the date of entry, the foreigner must personally request the identity card from abroad, except in the case of minors, in which he/she may be requested by his/her representative.

Article 44. Renewal of residence permits under family reunification.

1. The renewal of residence permits by regrouping shall be requested in an official format within 60 days before their expiry.

2. The application for renewal shall be accompanied by the documents certifying the provision of sufficient employment and/or economic resources to meet the needs of the family, as well as the coverage of health care.

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

4. In accordance with Article 28.3.c) of the Organic Law 4/2000 of 11 January, where the decision is unfavourable, the compulsory exit of the applicant shall take place.

5. The resolution shall be deemed to be favourable if the Administration does not expressly resolve within three months of the submission of the application. In any event, the submission of the application extends the validity of the previous authorisation until the procedural decision. Upon application by the person concerned, the competent authority to grant the authorisation shall be obliged to issue the certificate attesting to the renewal for this reason.

6. The favourable resolution shall be notified to the person concerned with an indication of the amounts to be paid in respect of fees for the renewal requested, as well as for the issue of the new identity card abroad.

Section 3. Temporary Residence in Exceptional Assumptions

Article 45. Temporary residence permits for exceptional circumstances.

1. In accordance with Article 31.3 of the Organic Law 4/2000 of 11 January 2000, in the light of the exceptional circumstances which will be met, a temporary residence permit may be granted to foreigners who are in Spain in the assumptions determined in this Article, provided that there is no bad faith of the applicant.

2. A residence permit may be granted for reasons of root, in the following cases:

(a) For the purposes of employment, foreign nationals may obtain an authorization to establish continued stay in Spain for a minimum period of two years, provided that they have no criminal record in Spain and their country of origin, and which demonstrate the existence of industrial relations whose duration is not less than one year.

(b) To foreigners who credit the continued stay in Spain for a minimum period of three years, provided that they lack criminal records in Spain and in their country of origin, have a signed contract of employment the worker and the employer at the time of the application whose duration is not less than one year and who have family ties with other resident foreigners, or produce a report showing their social insertion issued by the the town hall in which you have your usual address.

For these purposes, family links shall be construed as referring exclusively to the spouses, ascendants and descendants in direct line.

(c) In the case of children of a parent or parent who have originally been Spanish.

3. An authorization may be granted for reasons of international protection to persons to whom the Minister of the Interior, on a proposal from the Inter-Ministerial Committee on Asylum and Refuge, has authorized the stay in Spain as planned. Article 17 (2) of Law 5/1984 of 26 March 1984, regulating the right of asylum and refugee status, in accordance with the terms of Article 31.3 of its implementing regulation, as well as to foreigners who are displaced in the sense of regulated by the Regulation on temporary protection in the event of a mass influx of persons Displaced persons, approved by Royal Decree 1325/2003 of 24 October. A temporary residence permit may also be granted in the cases referred to in Articles 31.4 and 34.1 of the Regulation implementing Law 5/1984 of 26 March on the right of asylum and the condition of refugee.

4. An authorisation may be granted on humanitarian grounds, in the following cases:

(a) To foreign nationals who are victims of the offences referred to in Articles 311 to 314 of the Criminal Code, of offences in which the aggravating circumstance of a commission has taken place for racist, anti-Semitic or other reasons discrimination, as defined in Article 22.4. of the Penal Code, or of crimes for violent conduct exercised in the family environment, as provided for by Law 27/2003 of 31 July, regulating the Order for the Protection of Victims of domestic violence, provided that there has been a sentence for such offences.

(b) To foreign nationals who are credited with suffering from a serious illness that requires specialized health care, impossible access in their country of origin, and that the fact that they are interrupted or not received poses a serious risk to health or life. For the purposes of establishing the need, a clinical report issued by the relevant health authority shall be required.

(c) To foreigners who credit that their transfer to the country of origin or origin, for the purpose of applying for the appropriate visa, implies a danger to their safety or that of their family, and that they meet the other requirements to obtain a temporary authorization of residence or residence and work.

5. Without prejudice to the above paragraphs, an authorisation may be granted to persons who cooperate with the administrative, police, tax or judicial authorities, or where reasons of public interest or safety are present. National authorities who justify the need to authorise their residence in Spain. For these purposes, those authorities may require the competent bodies to grant the authorisation of residence or residence and work to the person who is in one of these cases.

6. By virtue of their exceptional nature, the authorisations granted on the basis of this Article, as well as their renewals, shall be valid for one year, without prejudice to Article 47 and the asylum rules.

7. The granting of the temporary residence permit by exceptional circumstances granted by reason of the alleged rootedness, with the exception of the one granted to minors, will lead to an authorisation of work in Spain during the period of validity of that. In the same situation, the persons provided for in Article 31.3 of the Regulation implementing Law 5/1984 of 26 March on the right of asylum and refugee status shall be found.

In other cases, the foreign national may request, in person, the corresponding authorization to work in the records of the competent bodies for processing. Such a request may be submitted simultaneously with the application for an authorization of residence for exceptional circumstances or during the period of validity of the application, and in its concession the fulfilment of the conditions shall be established. requirements laid down in Article 50 (b), (c), (d) and (e). However, the requirements referred to in paragraph (c) of Article 50 shall be credited to the terms laid down in Article 51 (3) of this Regulation.

Article 46. Procedure.

1. The authorisation of temporary residence for exceptional circumstances, which shall not require a visa, must be applied for personally by the foreigner to the body responsible for processing, except in the case of minors or incapable persons, in which may submit the application for a legal representative, accompanied by the following documentation:

a) Passport in force or travel title, recognized as valid in Spain, with a minimum term of four months. In the terms set out in the decision of the Minister of the Interior authorizing the person concerned to remain in Spain in the cases of Article 17 (2) of Law 5/1984 of 26 March on the right of asylum and the condition of refugee, this requirement may be waived.

(b) Where required, a contract of employment signed by the worker and the employer with a minimum duration of one year, the effects of which shall be conditional upon the entry into force of the authorization of residence and work requested.

(c) Supporting documentation of being in one of the situations referred to in the previous article.

2. In particular, in order to prove that the conditions laid down for the reasons for taking root are fulfilled, the documentation provided must comply with the following requirements:

(a) If the person concerned is a criminal, he must provide a certificate of criminal history issued by the authorities of the country or countries in which he has resided during the five years preceding his entry into Spain, in which no convictions for offences existing in the Spanish order shall be recorded.

(b) In the case of an employment relationship, for the purposes of crediting the employment relationship and its duration, the person concerned must submit a judicial decision recognizing it or the confirmatory administrative decision of the infringement of the Labour and Social Security Inspectorate to prove it.

(c) In the case of a report issued by a city council, it must include the length of stay of the person concerned in his or her home, the means of life with which he/she is aware, his/her degree of knowledge of the languages used, the insertion into the social networks of their environment, the programmes of sociolaboral insertion of public or private institutions in which they have participated and how many other extremes can be used to determine their degree of root.

The relevant city council may recommend that you exempt abroad from the need to have a work contract, provided that you have sufficient means of living.

3. In the case of applications filed by victims of violent conduct in the family environment, the persons concerned may submit the application when a court order has been issued in favour of the victim. protection, and the authorisation of residence may be granted once a sentence has been given for the offences in question.

4. The competent body may require the applicant to provide the documents referred to in the preceding articles or other documents which are necessary to justify the reasons for the application, and shall state that, if it does not do so within the period prescribed flag in the notification, which may not exceed one month, you will be given a withdrawal of the request and the procedure file will be produced.

5. The competent body may also require the applicant to appear and maintain a personal interview with him. Where the conduct of the interview is determined, at least two representatives of the Administration shall be present, in addition to the interpreter, if necessary, and shall be kept on record by means of an act signed by them. present, from which a copy will be given to the person concerned. If the representatives of the Administration come to the conviction that there is sufficient evidence to doubt the identity of the persons, the validity of the documents or the veracity of other circumstances in which the authorisation shall be recommended and a copy of the minutes shall be forwarded to the competent body to be resolved. In the event of any doubts as to the criterion to be followed, the competent body should raise the consultation of the Directorate-General for Immigration.

6. In the cases referred to in paragraph 5 of the previous Article, the jurisdiction for their decision shall be:

(a) To the Secretariat of State of Security when the authorization is based on collaboration with law enforcement, prosecutors and judicial authorities and on national security cases. The request based on these assumptions shall be accompanied by the report of the relevant head of the Security Forces and Corps, whether from the State, whether from the Autonomous Community, as well as, where appropriate, that of the tax or judicial authority, to credit the reasons behind it.

b) To the Secretary of State for Immigration and Emigration in cases of collaboration with other administrative authorities and for reasons of public interest.

(c) In the case of paragraphs (a) and (b), the authorities mentioned may delegate the powers conferred on the Subdelegates of the Government or the Government Delegates to the Autonomous Communities. Similarly, in the case of paragraph (a), this faculty may be delegated to the Director-General of the Police or to the Commissioner for Foreign Affairs and Documentation.

7. The effectiveness of the authorization granted in the case of the taking up of Article 45.2.b) of this regulation will be conditional upon the worker's subsequent affiliation and discharge in the Social Security within one month of the notification made to the applicant. If the condition is met, the authorization will begin its term.

8. Within one month of notification of the granting of the temporary residence permit by exceptional circumstances or, where appropriate, from the date of entry into force, the alien shall personally request the identity card of the temporary residence permit. foreign.

Article 47. Renewal and cessation of the temporary residence situation due to exceptional circumstances.

1. The holders of an authorisation granted by the Secretary of State for Security, or the authority in which he delegates, may renew the authorisation provided that the competent authorities of the Member State concerned remain the reasons for the authorisation. concession. Only if the authorities have concluded that they have ceased the reasons for granting them, they may apply for a residence permit or a residence and work authorization, provided that they satisfy the conditions laid down in Article 1 (1) of the established by this regulation for obtaining, with the exception of the visa.

2. The cases of authorisations for exceptional circumstances granted for the reasons set out in Article 45 (3) shall be governed for renewal by the applicable asylum and temporary protection rules.

3. In the case of authorisations granted by the other cases, in accordance with Article 98, the holders of the authorization may apply for a residence permit or a residence and work authorization, provided that they do not comply with the requirements laid down for their procurement, including the ownership of the administrative licenses or permits required for the position to be taken.

4. Foreign nationals may apply for the authorisation of temporary residence or temporary residence and work or, where provided for, renewal of the authorisation for exceptional circumstances, during the 60 calendar days prior to the date of expiry of the authorisation. The submission of the application within this period extends the validity of the prior authorisation until the decision of the procedure. It shall also be extended until the decision of the procedure in the case where the application is lodged within three months after the date on which the validity of the previous authorisation was completed, without prejudice to the opening of the procedure. of the corresponding sanctioning procedure for the breach in which it was incurred.

CHAPTER II

Temporary residency and work

Article 48. Assumptions.

You are in a situation of temporary residence, with authorization to work, the foreigner over the age of 16 authorized to stay in Spain for a period of more than 90 days and less than five years, and to exercise an activity gainful, employment or professional, self-employed or otherwise.

Section 1.

Article 49. Work authorization for an employed person.

1. The initial authorisation of temporary residence and work as an employed person shall enable foreigners residing outside Spain who have obtained the relevant visa to start an employment relationship for an employed person.

2. The initial authorization of residence and work for an employed person shall last for one year and may be limited to a geographical area and sector of activity determined in accordance with the instructions or guidelines determined by the Secretariat of State. Migration and Migration.

3. In the cases provided for in this Regulation, foreign residents or persons who are in a state of residence by study may have access to the authorization of temporary residence and work as an employed person, without being required. the visa. In the case of those who have been resident, the duration of the authorisation shall be based on the time they have previously resided in Spain.

Access to the residence and work authorization of those who hold a job search visa will be governed by the specific provisions of this regulation and by the contingent agreement.

4. Foreigners who obtain an authorization must apply for the corresponding foreign identity card within one month of the beginning of the authorization.

Article 50. Requirements.

They shall be eligible for the granting of temporary residence and employment authorization:

(a) That the national employment situation permits the hiring of the foreign worker.

For the purposes of determining the national employment situation, the State Employment Service shall, on a quarterly basis, and after consulting the Tripartite Immigration Commission, a catalogue of occupations. This is difficult to cover, for each province as well as for Ceuta and Melilla, according to the information provided by public services for regional employment. This catalogue will be based on the information available on the management of the offers submitted by employers in the public employment services, and will be considered as occupations entered in the National Classification of Occupations. in effect.

The qualification of an occupation as difficult to cover implies the possibility of processing the authorization to reside and work directed abroad. In addition, the national employment situation will be considered to allow recruitment in non-qualified occupations as difficult to cover when the employer accredits the difficulty of hiring the job which is intended to be covered by the management of the offer of employment submitted to the public employment service concluded with a negative result. To this end, the public employment service responsible for the management shall, within the maximum period of 15 days, issue a certificate stating that the management of the offer concludes the inadequacy of suitable job seekers and available to accept the offer.

b) That the worker be guaranteed a continuous activity during the period of validity of the authorization to reside and work.

c) That the applicant companies have formalized their registration in the corresponding system of the Social Security system and are aware of the compliance with their tax obligations and in the face of security Social. In the terms set out in the following Article, the employer may also be required to credit the economic, material and personal means of his or her business project.

d) That the conditions laid down in the job offer are in accordance with those established by the regulations in force for the same activity, professional category and locality.

e) That the qualification, if any, duly approved or that the training required for the exercise of the profession be accredited, is in possession.

f) That foreign workers who intend to contract without criminal records in Spain and their previous countries of residence for crimes existing in Spanish law.

g) That foreign workers are not irregularly located in Spanish territory.

Without prejudice to the provisions of paragraph (a), the national employment situation shall not be taken into account in the cases laid down in Article 40 of the Organic Law 4/2000 of 11 January 2000. It shall also be authorised to work without regard to the national employment situation to nationals of States with whom international conventions have been concluded for this purpose, as well as to nationals of non-European Union States. (a) the European Economic Area in the case of Spanish vessels under international maritime fisheries agreements. In this case, authorisation validity shall be granted to work on the duplicate of the notification of boarding or renewal of the contract of foreign crew on Spanish vessels.

Article 51. Procedure.

1. The employer or employer intending to recruit a non-resident foreign worker in Spain must submit, personally or through whom the business legal representation is validly attributed, the corresponding application for (a) authorization of residence and work as an employed person before the registration of the body responsible for processing, corresponding to the province where the work is to be carried out.

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

(a) The DNI or CIF and the registration document of the company in the Social Security, or document proving to be exempt; and in the event that the company is constituted as a legal person, a public document that grants its legal representation in favour of the natural person making the application.

b) The employment contract or job offer in the established official model.

(c) Where the competent authority deems it necessary to ensure that the employer is able to meet the obligations arising out of the contract of employment, the contract must prove, with the documents which he expressly and require you, the economic, material or personal means available to you for your business project and to address those obligations.

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

e) Those documents that justify, if alleged by the interested party, any of the specific assumptions established in Article 40 of the Organic Law 4/2000, of January 11.

(f) The qualification or accreditation of the training required for the exercise of the profession, where appropriate, duly approved.

g) Other documents that have been determined by order of the Minister of Labour and Social Affairs to assess compliance with the requirements set out in Article 50.

3. Upon receipt of the request, the competent authority shall proceed with the instruction of the procedure and its immediate processing, and shall, on its own initiative, collect the report in respect of the State Agency of the Tax Administration, the General Treasury of the Social security, the competent services of the Directorate-General of the Police and the Central Register of Penados and Rebels. These reports must be issued within 10 days.

4. Where the documents referred to in paragraph 2 are not presented or are not credited to the current in the performance of the tax and social security obligations, the person concerned shall be required with the express warning that, If the document fails to provide the documents or to prove that the obligations are fulfilled within 10 days, the request shall be withdrawn and the file of the file shall be produced.

5. The competent authority shall, in the light of the documentation submitted and the reports obtained, give a reasoned decision on the basis of the requirements laid down in this Section and shall notify the employer of the decision on the authorization of the residence and work requested, for the purposes of the payment of the fees, where appropriate, within the relevant time limit.

When the decision is favourable, its effectiveness shall be suspended until the issue of the visa and the actual entry of the foreign country into national territory. In the communication to the interested party, it is stated that the authorization will not be used until the visa has been obtained and the subsequent entry into Spain of the holder.

The competent authority shall communicate the favourable resolution, by telematic means and simultaneously where possible, to the Ministry of Foreign Affairs and Cooperation and to the Spanish diplomatic mission or consular post. corresponding to the place of residence of the worker.

6. Within one month of the notification to the employer or employer concerned, the worker must personally apply for the visa in the diplomatic mission or consular post in whose demarcation he resides. The Ministry of Foreign Affairs and Cooperation, if justified, may determine the diplomatic mission or consular post other than the previous one in which the visa application is to be submitted. In accordance with the provisions of the additional provision of the Organic Law 4/2000 of 11 January, the presentation by a legally accredited representative may take place where there are well-founded reasons to hinder the movement of the applicant, such as the remoteness of the mission or office, transport difficulties which make the journey particularly burdensome, or any evidence of illness or physical condition which significantly difficulties their mobility, or in the case of a minor.

Without prejudice to the foregoing, when, through the power of representation, other documents provided in the application or data contained in the Administration, it is evidenced that the foreigner for whom the visa is applied In Spain in an irregular situation, it will be inadmissible or, if such a circumstance is warned at a later time, the visa application will be refused.

7. The visa application must be accompanied by:

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

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

(c) A medical certificate in order to prove that it does not suffer from any of the quarantine diseases provided for in the International Health Regulations.

d) Copy of the residence and conditional work authorization.

8. During the substantiation of the visa procedure, the diplomatic mission or consular post may require the applicant to appear and, where necessary, maintain a personal interview, in order to verify his/her identity, the validity of the documentation provided and the accuracy of the reason for applying for the visa. Failure to appear, except force majeure, within the prescribed time limit, which may not exceed 15 days, shall have the effect of considering the person concerned to be withdrawn in the proceedings.

When the conclusion of the interview is determined, at least two representatives of the Spanish administration must be present, in addition to the interpreter, if necessary, and their content must be recorded by a record signed by the present, giving a copy to the person concerned.

9. If the representatives of the Administration come to the conviction that there are sufficient indications to doubt the identity of the persons, the validity of the documents or the veracity of the reasons alleged to apply for the visa, refuse to grant it in a reasoned manner and, if an interview has been held, a copy of the minutes shall be forwarded to the body which initially authorised the authorisation.

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

11. Also, once the visa has been collected, the worker must enter the Spanish territory, in accordance with the provisions of Title I, within the term of validity of the visa, which shall not exceed three months.

12. From the legal entry in Spain of the worker, you will be able to start your activity and will produce your affiliation, high and subsequent contribution in the terms established by the social security regulations that will be applicable.

13. Within one month of entry into Spain, the foreigner will have to apply for the identity card from abroad, personally and with the relevant office. Such a card shall be issued by the time limit for the validity of the temporary residence permit and shall be withdrawn by foreign nationals.

14. If at the time of the application for the identity card abroad, or after one month from its entry into Spain, there is no evidence that the worker initially authorized to reside and work has been affiliated and/or discharged into the Social security, the competent authority may terminate the termination of the authorisation in accordance with the provisions of Article 75.

The competent authority shall also require the employer or employer who has applied for the authorisation to indicate the reasons why the employment relationship has not been initiated, with the warning that, if none of the justification or if the reasons given are considered insufficient, subsequent applications for authorisation may be refused, considering that the continued activity of the workers is not guaranteed.

Article 52. Effects of the visa on residence and employment.

The residence and work-for-hire visa will incorporate the initial authorization of residence and work for an employed person, and the validity of this will begin from the date of the entry into Spain, which will have to be compulsorily entered in the passport or travel title.

Article 53. Refusal of residence permits and work as an employed person.

1. The competent authority shall refuse the authorisations of residence and work as an employed person in the following cases:

(a) When a criminal record of the worker is found in Spain or in his previous countries of residence for crimes existing in the Spanish law.

(b) Where required by the national employment situation, without prejudice to the specific assumptions set out in Article 40 of Organic Law 4/2000, of 11 January.

(c) Where the conditions laid down in the contract of employment or offer of employment are lower than those laid down by the rules in force for the same activity, professional category and locality. It shall also be refused in the event that the contract is part-time, where, for the duration of the provision of services, the remuneration is lower than the inter-professional minimum wage, in annual calculation, in annual accounts, in proportion to the effective working time, except in the case of the spouse not in fact or in law of a legal resident, or of a child of working age and under 18 years of age, previously regrouped, in accordance with the provisions of Article 41.6.

(d) Where in the 12 months immediately preceding the date of application the undertaking has amortised the positions it intends to cover for unfair or void dismissal, declared by judgment or recognised as such by act of reconciliation, or the causes provided for in Articles 50, 51 and 52.c) of the Staff Regulations, except in cases of force majeure.

e) When the applicant employer has been sanctioned by a firm resolution in the last 12 months for offences classified as very serious in the Organic Law 4/2000 of 11 January, or for infringements in the field of Foreign nationals qualified as serious or very serious in the recast of the Law on violations and sanctions in the social order, approved by the Royal Legislative Decree 5/2000 of 4 August.

(f) Where the employer or employer does not guarantee the worker the continued activity during the life of the residence and work authorization, or when, being required to do so in the terms laid down in the 51, do not credit the economic, material and personal means available to you for your business project and to meet the obligations of the contract of employment.

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

(h) When the special qualification required for the exercise of the particular profession or the approval or the tuition is not required where required.

i) When you record an unfavorable prior gubernative report.

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

k) Where the applicant has been convicted by a firm sentence for offences against the rights of workers or against foreign nationals, unless the criminal record has been cancelled.

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

Article 54. Renewal of residence permits and work as an employed person.

1. The renewal of the residence and work-for-account authorizations shall be requested, in official format, during the 60 calendar days prior to the date of expiry of the validity of the authorization. The submission of the application within this period shall extend the validity of the prior authorisation until the decision of the procedure. It shall also be extended until the decision of the procedure in the case where the application is lodged within three months after the date on which the validity of the previous authorisation was completed, without prejudice to the opening of the procedure. of the corresponding sanctioning procedure for the breach in which it was incurred.

2. Together with the application for renewal, the supporting documents shall be submitted, in accordance with the provisions set out in the following paragraphs, that the conditions for granting them are met.

3. The authorisation of residence and work as an employed person shall be renewed at the end of the day, in the event that the continuity in the employment relationship which led to the granting of the authorisation whose renewal is intended is credited.

The renewal shall also be carried out where the worker accredits the usual performance of the activity for which the authorisation was granted for a minimum of six months per year and is in any of the following situations:

a) You have entered into a work contract with a new employer in accordance with the characteristics of your authorization to work, and are in high or equivalent to the discharge at the time of application for renewal.

b) Dispose of a new job offer that meets the requirements set out in Article 50, with the exception of paragraph (a).

4. The authorisation of the worker who has had a period of activity of at least three months per year shall be renewed, provided that:

a) That the employment relationship that resulted in the authorization whose renewal is intended was interrupted by causes beyond its will.

b) Which has actively sought employment, participating in actions to be determined by the public employment service or in programmes of social or private integration of public or private entities with grants public.

c) That at the time of request for the refresh has a work contract in place.

5. Authorisation shall also be renewed where the worker is in one of the situations referred to in Article 38.3. (b) and (c) of the Organic Law 4/2000 of 11 January.

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

7. Where appropriate, the renewal of the authorisation of residence and work for an employed person shall be renewed for a period of two years, unless an authorisation of permanent residence is required, and shall allow for the exercise of any activity in any part of the national territory. The effects of the renewed authorization will be rolled back to the day immediately following the expiration of the previous authorization.

8. Notified of the favourable resolution, the foreigner must request within one month the identity card from abroad.

9. It will be the cause of the refusal of renewal applications, in addition to the non-compliance with some of the requirements set out in this article, the concurrence of any of the alleged refusals provided for in this section, except the one collected in the paragraph 1.b) of the previous Article. It will be assessed, depending on the circumstances of each case, the possibility of renewing the residence permit and work for foreigners who have been convicted by the commission of a crime and have served the sentence, those who have been pardoned or who are in the situation of conditional remission of the penalty.

10. After the deadline for resolving an application for renewal of the residence permit and work as an employed person, the term shall be deemed to be estimated. The competent authority to grant the authorization shall, upon request by the person concerned, issue the certificate certifying the renewal for that reason and, within one month of its notification, the holder of the certificate. you will need to request the renewal of the foreign identity card.

Section 2. Temporary residence and work for an employed person of a given duration

Article 55. Authorization of temporary residence and work for an employed person of a given duration.

1. The authorization of residence and work for an employed person of a given duration shall be carried out in accordance with the procedure laid down for the authorization of residence and work as an employed person, with the specialties provided for in this section.

2. This authorization allows you to develop the following activities:

a) Season or campaign. The duration of the contract shall coincide with that of the contract or work contracts, with the maximum limit of nine months, within a period of 12 consecutive months.

b) Works or services for the assembly of industrial or electrical plants, construction of infrastructure, buildings and networks of electricity, gas, railways and telephone, installations and maintenance of equipment production, as well as its commissioning and repairs, among others.

(c) Temporary status by senior staff, professional athletes, artists in public performances, as well as other collectives to be determined by order of the Minister of Labour and Social Affairs the unique effects of enabling this type of authorization to be granted.

d) For the training and implementation of professional practices.

3. The duration of the authorization shall correspond to that of the employment contract, with the maximum limit of one year, in the cases provided for in paragraphs (b), (c) and (d), and shall not be subject to renewal, without prejudice to the possibility of extension. provided for in labour law.

Article 56. Requirements.

1. In order to obtain the authorisation to work in the case of the cases referred to in paragraphs (a) and (b) of Article 55.2, the following requirements must be met in addition to the conditions of Article 50:

(a) To provide adequate accommodation, which meets the conditions laid down in the legislation in force in this field, and provided that adequate accommodation is ensured, in any case, in the appropriate dignity and hygiene. The obligation to provide accommodation may be exempted under the conditions of employment, except in the case provided for in Article 55.2.a).

b) Organize the travel of arrival in Spain and return to the country of origin and assume, at least, the cost of the first of such trips and the expenses of transfer of back and forth between the post of entry to Spain and the place of the accommodation, as well as having acted diligently in order to ensure the return of the workers to their country of origin on previous occasions.

c) That the foreign worker commits to return to the country of origin, after the employment relationship has ended. For the purpose of verifying the return of the person, he shall be present in the diplomatic mission or in the consular post which issued the visa to him within one month of the end of his authorization to work in Spain. The mission or office shall, by means of telematic means and simultaneously where possible, transfer to the Ministry of Foreign Affairs and Cooperation and to the Ministry of the Interior, for its entry in the Central Register of Foreigners. Failure to comply with this obligation may result in the refusal of subsequent applications for authorisations to work, for the three years following the end of the authorisation granted.

The worker's compliance with his/her obligations, as well as the accreditation of his/her return to the competent diplomatic or consular authority, will empower him to cover other possible job offers generated in the same activity.

(d) The national employment situation shall not be taken into account in the cases referred to in paragraphs (d) and (l) of Article 40 of Organic Law 4/2000 of 11 January.

2. In order to obtain the authorisation to work in the case of the case referred to in Article 55.2.c), the following conditions must be complied with in addition to the conditions of Article

:

(a) Possession of the administrative licenses that, if any, are required for the development of the professional activity.

(b) The foreign worker undertakes to return to his/her country of origin after the end of the employment contract. Failure to comply with this obligation may result in the refusal of subsequent applications for authorisations to work, for the three years following the end of the authorisation granted.

3. In order to obtain the authorisation to work in the case of the case referred to in Article 55.2.d, it is necessary to comply, in addition to the conditions laid down in Article 50, with the exception of paragraph (b), the following:

(a) The formation of work contracts or training contracts, in the terms laid down in the Spanish legislation governing these contractual arrangements.

(b) The foreign worker undertakes to return to his/her country of origin after the end of the employment contract. Failure to comply with this obligation may result in the refusal of subsequent applications for authorisations to work, for the three years following the end of the authorisation granted.

4. In any event, the employment contracts must contain at least the aspects referred to in Article 2.2 of Royal Decree 1659/1998 of 24 July, as well as a forecast of the net salary to be paid by the worker.

Article 57. Procedure.

1. The application shall be dealt with in accordance with the procedure laid down in this Regulation for residence and employment authorizations of a stable nature, with the specialities provided for in this Article for the cases referred to in Article 1 (2). 55.2.a) and b).

2. The job offers will be made available to the State Employment Public Service and the public employment services of the Autonomous Communities so that they can be published for 15 days, for the purposes of the workers who reside in any part of the territory of the country where they are eligible for coverage, prior to being processed for coverage by workers abroad.

3. Applications to cover posts for which no resident workers have attended will be submitted by the companies or by the business organisations, which for these assumptions will have the business legal representation attributed to them. a minimum of three months ' notice at the beginning of the work activity.

4. The competent authority shall verify that the applications submitted comply with the requirements for the procurement provided for in this Regulation, and in particular the provisions of Article 56.1. The decisions taken shall be taken to the trade union and business organisations at the provincial level, which may transmit to the competent authority any considerations relating to them.

5. Where the decision is favourable, the employer shall be notified of the residence and work authorization whose effectiveness shall be suspended until the issue of the visa and the actual entry into national territory of the foreign national. The notification shall have an effect on the payment of the corresponding fees within the time limit.

6. At the time when the competent authority has the contracts signed by the employers, it shall record in these undertakings the approval of the authorization of residence and work, and shall indicate the sector of activity, the scope of the territorial and duration authorised. Copies of the contracts shall be sent back to the employers so that they can be signed by the worker in the country of origin, before the consular post competent for issuing the visa.

7. In general, for all the cases referred to in Article 55.2, it shall not be necessary to obtain the foreign identity card or the payment of the fee where the hiring of the workers is for a period of less than six months. months.

8. In cases where the authorisations are subject to extension, the employer must prove that it is requested to continue with the same work, service or activity specified in the contract. The duration of the authorisation of the extension shall be the end of the work, service or activity within the limit of one year, and may be subject to other extensions under the same conditions. Season or campaign authorisations may be extended for up to six or nine months depending on the type of visa and the initial recruitment period.

9. The residence and work visa for activities of a given duration shall be carried out in accordance with the procedure laid down in Section 1 of this Chapter and shall incorporate the authorization of residence and work, stating its temporal nature, and the validity of this shall begin from the date on which the entry into Spain is made, which shall be compulsorily entered in the passport or travel title.

10. Where, within one month of entry into Spain, there is no evidence that the worker initially authorised to reside and work has been affiliated and/or discharged into social security, the competent authority may decide to terminate the of the authorisation in accordance with the provisions of Article 75. The competent authority shall also require the employer or employer to indicate the reasons why the employment relationship has not been initiated, with the warning that, if no justification is alleged or if the reasons given are considered to be insufficient, subsequent applications for authorisation may be refused, considering that the continued activity of the workers is not guaranteed.

Section 3. Temporary Residence and self-employed work

Article 58. Requirements.

These are requirements for granting temporary residency and self-employment authorization:

a) Meet the requirements that the current legislation requires of the national authorities for the opening and operation of the projected activity.

(b) To have the professional qualification required or sufficient accredited experience in the exercise of the professional activity, as well as the necessary qualifications for the professions whose exercise requires specific approval and, in your case, the tuition when required.

(c) Credit that the investment envisaged for the implementation of the project will be sufficient and the impact, if any, on job creation, in terms to be established by order of the Minister of Labour and Social.

(d) The certification to be demonstrated by the collegiation, in the case of the exercise of independent professional activities that require it.

e) The forecast that the exercise of the activity will produce from the first year sufficient economic resources at least for the maintenance and accommodation of the person concerned, after deducting the necessary ones for the maintenance of the activity.

f) Criminal records in Spain and their previous countries of residence for crimes existing in Spanish law.

g) Not to be irregularly in Spain.

Article 59. Procedure.

1. The non-resident foreign worker who intends to work for his own account in Spain must submit, personally, in an official format, the application for authorization of residence and self-employment before the Spanish consular post. of the place of residence, except where, exceptionally, the provisions of the first subparagraph of paragraph 2 of the third paragraph of Article 3 of the Organic Law 4/2000 of 11 January 2000 apply. The Ministry of Foreign Affairs and Cooperation, if justified, may determine the diplomatic mission or consular post other than the one in which the visa application is submitted.

2. The application for the authorisation of residence and self-employment must be accompanied by the following documentation:

a) Copy of the passport, or travel document, in force, of the applicant.

(b) A certificate of criminal record or equivalent document, which must be issued by the authorities of the country of origin or of the country or countries in which it has resided for the last five years in which no convictions are to be entered by conduct typified in Spanish criminal law.

(c) Health certificate in order to prove that it does not suffer from any of the quarantine diseases provided for in the International Health Regulations.

(d) The qualification or accreditation of the training required for the exercise of the profession, where appropriate, duly approved.

e) Accreditation that the necessary economic investment referred to in the previous article is included, or sufficient commitment of support from financial institutions or others.

(f) Project of establishment or activity to be carried out, with an indication of the expected investment, its expected return and, where appropriate, jobs whose creation is foreseen.

g) Relation of the authorisations or licences required for the installation, opening or operation of the intended activity or for the professional exercise, indicating the situation in which the formalities are to be found for their achievement, including, where appropriate, the certification of applications to the relevant bodies.

3. The diplomatic mission or consular post shall register the application and give the person concerned the communication of the initiation of proceedings or, where appropriate, resolve the inadmissibility.

In the event that the documents referred to in paragraph 2 of this Article are not presented, the diplomatic mission or consular post shall require the person concerned and expressly warn him not to bring them within ten years. days, the request will be dropped and the file will be filed.

4. The diplomatic mission or consular post shall, together with the relevant documentation, be transferred to the competent body in which the application for authorization of residence and self-employment is submitted in a form or subsated. (a) Demarcation applies for residence abroad, either directly or through the central organs of the Ministry of Foreign Affairs and Cooperation, in order for the latter to resolve what is applicable to the authorization of residence and work.

5. The competent body will encourage its immediate processing, verify that the applicants lack criminal records and are not residing illegally in Spain and will collect the previous police report, the report of the Central Register of Penados and Rebels, as well as reports from other bodies on the respective areas of their competence. These reports must be issued within ten days.

6. The competent authority shall, in the light of the documentation submitted and the reports obtained, decide on the request.

7. In the event of a concession, the competent authority shall, by means of telematic means and simultaneously where possible, transfer the resolution to the Ministry of Foreign Affairs and Cooperation and to the diplomatic mission or consular post, and condition the validity of the application and, where appropriate, the issue of the visa and the effective entry of the worker into national territory.

You will also notify the person concerned of the authorization of residence and self-employment, indicating the taxable fact of the fee for your pre-visa application.

8. The person concerned shall submit, in person, unless, exceptionally, the provisions of the first subparagraph of paragraph 2 of the third paragraph of Article 3 of the Organic Law 4/2000 of 11 January 2000, the application for a visa in a model within one month from the date of the notification of the granting of the residence permit and the work of its own account, to which it shall accompany its copy, to the Spanish diplomatic mission or consular post corresponding to its place of residence.

9. The diplomatic mission or consular post shall, in compliance with the other requirements, decide on the application and issue, where appropriate, the residence and work visa, within the maximum period of one month.

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

11. From the legal entry in Spain of the self-employed person, you will be able to start your activity and have your affiliation, high and subsequent contribution in the terms established by the social security regulations that will be applicable. If the visa is collected, the applicant must enter the Spanish territory during its term of validity, which in no case will be more than three months.

12. Within one month of entry, the foreigner must personally request the identity card from abroad. If at the time of the application for the identity card abroad, or after one month from its entry into Spain, there is no evidence that the worker initially authorized to reside and work has been affiliated and/or discharged into the Social security, the competent authority may terminate the termination of the authorisation in accordance with the provisions of Article 75.

Article 60. Effects of the residence visa and self-employment.

1. The residence and self-employment visa which is issued in the cases referred to in this section shall incorporate the initial residence and work authorisation, and the validity of the authorisation shall begin from the date of entry into force, which shall be compulsorily entered in the passport or travel title.

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

Article 61. Refusal of the authorisation of residence and self-employment.

The competent authority shall refuse the initial residence and self-employment authorizations when the conditions laid down in this section for its concession are not met, or the concurrence of any circumstances provided for in paragraphs (a), (f), (g), (h), (i) or (j) of Article 53.

Article 62. Renewal of the authorization of residence and self-employment.

1. The authorization of residence and self-employment may be renewed at its expiration when the continuity in the activity that gave rise to the authorization that is renewed and the fulfillment of the obligations of the tax and the Social Security.

2. A foreigner who wishes to renew his or her authorization of residence and self-employment must apply to the competent body for processing, during the sixty calendar days prior to the date of expiry of the validity of his authorisation. The submission of the application within this period extends the validity of the prior authorisation until the decision of the procedure. It shall also be extended until the decision of the procedure in the event that the application is lodged within three months after the date on which the validity of the previous authorisation was completed, without prejudice to the opening of the procedure. of the corresponding sanctioning procedure for the breach in which it was incurred.

3. The application shall, in an official form, accompany the documentation showing that it continues to meet the requirements for the initial concession and to be aware of its tax and security obligations. Social.

4. The competent office for the processing of the procedure shall automatically collect the criminal record and shall decide.

5. The authorisation of residence and self-employment renewed shall be valid for two years, unless a permanent residence permit is required.

6. The resolution shall be deemed to be in favour, in the event that the Administration does not expressly resolve within three months of the submission of the application. The authority responsible for granting the authorization shall be obliged to issue the certificate attesting to the renewal for this reason and, within one month of its notification, the holder shall request the renewal of the Foreign identity.

Section 4. Temporary Residence and work in the framework of transnational services services

Article 63. Definition.

It is in a situation of temporary residence and work in the framework of transnational services of service the foreign worker who depends, through express employment relationship, of a company established in a State belonging to the European Union and the European Economic Area, in the following cases:

(a) Where the temporary posting takes place on behalf of and under the direction of the foreign company, in execution of a contract concluded between the latter and the recipient of the provision of services which is established or which is active in Spain, in the case set out in the fourth additional provision of Law 45/1999 of 29 November on the posting of workers in the framework of the provision of transnational services.

(b) In the case of the temporary posting of workers from work centres of undertakings established outside Spain to centres of employment in Spain of this same undertaking or of another undertaking in the group of which it is a party.

(c) In the case of the temporary posting of highly qualified workers for the supervision or advice of works or services which companies located in Spain are to carry out abroad.

Article 64. Requirements.

1. For the granting of this residence and work authorisation, compliance with the following conditions shall be assessed:

(a) That the residence of the foreign worker in the country where the company is moving is stable and regular.

(b) that the professional activity of the foreign worker in the country in which the undertaking moving him is based is customary, and that he has been engaged in such activity for at least one year and has been at the service of such a company, at least nine months.

c) That the company that displaces it guarantees to its workers temporarily displaced to Spain the applicable requirements and working conditions, in accordance with the provisions of Law 45/1999, of November 29.

2. It is expressly excluded from this type of residence permit and work the displacements carried out in connection with the development of training activities in the cases provided for in paragraphs (a) and (c) of the previous article and the staff navigator with regard to the merchant marine companies.

3. This authorization of residence and work will be limited to a specific activity and territorial scope. Its duration shall coincide with the time of the posting of the worker with the one-year limit, extendable for the same period if the same conditions are established.

Article 65. Procedure.

The procedure for the processing of residence and work authorization in the framework of transnational services will be established in this chapter, with the following specialties:

(a) The employer who intends to move a foreign worker to Spain must submit, personally or through whom the business legal representation is validly attributed, the corresponding application for authorisation of residence and work in the framework of transnational provision of services to the Delegation or Subdelegation of the Government of the place where the services are to be provided or to the diplomatic mission or consular post corresponding to their place of residence, and will apply to the latter case, the procedure established for residence and self-employment authorizations.

(b) The application for the authorisation of residence and work in the framework of transnational services shall be accompanied by the following documentation:

1. The documents required to prove compliance with the requirements set out in the previous article.

2. A copy of the foreign worker's passport or travel document.

3. No. Those documents that justify the concurrence, if they are alleged by the interested party, of any or some of the specific assumptions established in Article 40 of the Organic Law 4/2000, of January 11.

4. º The qualification or accreditation of the training required for the exercise of the profession, where appropriate, duly approved.

5. º The supporting documentation that identifies the company that displaces the foreign worker and their tax domicile.

6. The contract of employment of the foreign worker with the company that displaces you.

7. The certificate of movement of the competent authority or institution of the country of origin certifying that the worker continues to be subject to his/her legislation in the field of social security if there is an international instrument of Applicable Social Security.

In the case of non-existence of an international social security instrument applicable in this respect, a public document on the appointment of a legal representative of the company that displaces the worker, for the purposes of compliance of the Social Security obligations.

8. º A copy of the service delivery contract in the case provided for in Article 63 (1) (a).

9. Deed or public document stating that the companies belong to the same group in the case provided for in Article 63 (1) (b).

10. The documentation certifying the assumption provided for in Article 63 (1) (c).

(c) The processing of the fee shall not be carried out when the residence and work authorization is less than six months.

Article 66. Refusal of residence permits and work in the framework of transnational services provision.

This authorization shall be denied, in addition to the failure to comply with any of the requirements set out in this section, the concurrence of any circumstance provided for in Article 53, with the exception of paragraph (b).

Article 67. Effects of the visa on residence and work in the framework of transnational services.

The residence and work visa issued in the cases referred to in this section, and which shall follow the procedure provided for in Section 2 of this Chapter, shall be considered as an initial residence permit and work in the framework of transnational services, which shall start from the date on which the entry is made and on the visa, passport or travel title.

Article 68. Exceptions to the job authorization.

They are exempt from the obligation to obtain work authorization for the exercise of a gainful, employment or professional activity by foreigners who are included in Article 41 of Organic Law 4/2000, of January 11, and meet the following conditions:

(a) Technicians, researchers and foreign scientists, invited or hired by the General Administration of the State, the Autonomous Communities, the universities, the local authorities or the bodies which are the subject of the promotion and development of research promoted or participated by the majority of the above.

This consideration will be given to foreign professionals who, for their knowledge, expertise, experience or scientific practices, are invited or hired by any of the administrations cited for development. of an activity or a technical, scientific or general interest programme.

This circumstance will be credited with the presentation of the invitation or contract of work subscribed by the one who has attributed the legal representation of the corresponding organ, where the description of the project and the professional profile that is required for your development.

b) Teachers, technicians, researchers and foreign scientists invited or hired by a Spanish university. Foreign teachers who are invited or hired by a Spanish university are considered as such to develop teaching assignments or other academic tasks.

This circumstance will be credited with the presentation of the invitation or contract of work for the exercise of reading activities, subscribed by the person assigned the legal representation of the Spanish university corresponding.

c) Foreign teachers or teachers of cultural institutions or teachers dependent on other states, or private ones, of accredited prestige, officially recognized by Spain, who develop programs in our country The Commission has also been responsible for the implementation of the programme for the implementation of these programmes. Foreign nationals in whom the following circumstances apply may be eligible for the derogation:

1. Occupy Positions of direction, teaching or research and limit their occupation to the exercise of the indicated activity in foreign cultural institutions or foreign teachers based in Spain.

2. In the case of cultural institutions or teachers dependent on other States, they must develop their activity in Spain in such a way that studies, programmes developed and diplomas or diplomas awarded validity and are recognised by the countries of which they are dependent.

3. In the case of foreign private institutions, the prestige shall be deemed to be accredited when the institution and the activities carried out have been officially recognised and authorised by the competent authorities, and the diplomas or diplomas which they issue have validity and recognition by the countries of which they are dependent.

These circumstances will be credited with the presentation of the documentation that justifies the validity in the country of origin to the titles or diplomas issued in Spain, of the contract of employment or designation for the exercise of address or teaching activities and, in the case of private entities, also of the documentation justifying their official recognition in Spain.

d) Civil or military officials of foreign state administrations who come to Spain to develop activities under cooperation agreements with the Spanish Administration.

This situation will be credited with the presentation of the certificate issued by the competent foreign state administration and the justification for such aspects.

e) Foreign media correspondents. This consideration will be given to information professionals in the service of foreign media who develop their information activity in Spain, duly accredited by the Spanish authorities, either as correspondents or as correspondents. as special envoys.

This situation will be credited with the presentation of the accreditation issued by the Ministry of the Presidency in this regard.

f) Members of international scientific missions carrying out work and research in Spain approved by the Ministry of Education and Science or by the Ministry of Industry, Tourism and Trade. This consideration will be given to foreigners who are part of an international scientific mission that moves to Spain to carry out study or research activities programmed by an international agency or agency, and authorized by the competent authorities.

This situation will be credited with the presentation of the authorization of the Ministry of Education and Science or the Ministry of Industry, Tourism and Trade to be part of an international scientific mission.

g) Artists who come to Spain to perform specific actions that do not involve a continuous activity. In this case, persons who, individually or collectively, move to Spain to perform an artistic activity, directly before the public or intended for the recording of any type for dissemination, shall be included in this case. the average or local average or accidentally for public shows or artistic performances. The activities carried out may not exceed five continuous days of action or 20 working days in a period of less than six months.

This situation will be credited with the presentation of the national identity document and the work contract for the development of artistic activities.

h) Religious ministers and members of the hierarchy of different churches, confessions and religious communities, as well as religious religious orders. This consideration will be given to people who meet the following requirements:

1. º belonging to a church, confession, religious community or religious order entered in the Registry of Religious Entities of the Ministry of Justice.

2. º That they have, effective and currently, the status of a minister of worship, a member of the hierarchy or of a professed religious, to meet the requirements laid down in their statutory norms.

3. That the activities to be carried out in Spain are strictly religious or, in the case of professed religious, are merely contemplative or correspond to the statutory purposes of the order; they are expressly excluding paid activities that are not carried out in this field.

4. º That the entity from which they are dependent is committed to take care of the expenses incurred for their maintenance.

The end referred to in paragraph 1 shall be credited by means of certification by the Ministry of Justice; those expressed in paragraphs 2. º to 4. º shall be accredited by certification issued by the institution, with the agreement of the Ministry of Justice.

The seminarians and persons in preparation for the religious ministry are expressly excluded from this article, although they temporarily carry out activities of a pastoral nature, as well as persons linked with an order religious in which they have not yet professed, even if they perform a temporary activity in compliance with their religious statutes.

i) Foreigners who are part of the organs of representation, government and administration of internationally recognized trade unions and organizations, provided that their activity is strictly limited to the performance of the functions inherent in that condition.

(j) Spaniards of origin who had lost Spanish nationality. This situation shall be established by means of a literal birth certificate or, failing that, by the appropriate means of proof admitted in law.

(k) Foreign minors who are employed by the protection of the least competent authorities, for those activities which, on a proposal from the said entity, while remaining in that situation, are conducive to their integration. social.

This situation will be proven with the accreditation that the aforementioned entity exercises the tutelage of the child and the presentation by the latter of the proposal of activity that favors the social integration of the child.

Article 69. Procedure.

1. If you are not a resident in Spain, the foreigner will have to apply for the corresponding residence visa with the Spanish consular office corresponding to your place of residence, accompanying the application with the appropriate documentation each of the cases of derogation from the work authorisation provided for in Article 68. The Ministry of Foreign Affairs and Cooperation, if justified, may determine the diplomatic mission or consular post other than the previous one in which the visa application is to be submitted. The consular post shall verify the derogation and shall process the residence visa in accordance with Article 35, while the period provided for in paragraph 5 of that Article shall be reduced to seven days, and the absence of such a visa shall be considered. response, as provided for in paragraph 6 of that Article, as a favourable resolution.

2. In the event that he is resident in Spain, the foreigner must apply for the recognition of the exception, and claim that he meets these conditions before the Government Subdelegation or Government Delegation in the Autonomous Communities, in the province where the work centre is located, providing the documentation that justifies it. This situation shall be deemed to have been refused if the Government's Subdelegation or Delegation does not rule on it within three months. The Government Delegation or Subdelegation of the Government concerned may request the submission of the additional documentation deemed relevant to prove that the foreigner is in one of the cases provided for in the Article 68, as well as reports that are accurate to other administrative bodies.

3. The validity of the recognition of the derogation shall be adapted to the duration of the activity or programme which is carried out, with the limit of one year in the initial recognition, two in the first renewal and two years in the next renewal, if the circumstances that led to the derogation remain.

4. Having been the holder of a work authorisation derogation shall not generate rights for the purpose of obtaining an initial or self-employed work authorisation of an initial nature.

Article 70. Effects of the visa.

1. The residence visa issued in the cases referred to in this section shall incorporate the initial residence permit with the exception of the work authorisation and its validity shall start from the date on which the entry is made, and this is stated in the visa, passport or travel title. The worker must, within a period of one month, personally request the foreign identity card from the office concerned.

2. Also, once the visa has been collected, the worker must enter the Spanish territory, in accordance with the provisions of Title I, for the duration of the visa, not exceeding three months.

CHAPTER III

Permanent Residence

Article 71. Definition.

A foreign resident who has been authorized to reside in Spain indefinitely and to work on an equal footing with the Spaniards is in permanent residence.

Article 72. Assumptions.

1. They shall be entitled to obtain a permanent residence permit for foreigners who have been legally and continuously residing in the Spanish territory for five years.

2. The continuity referred to in the preceding paragraph shall not be affected by absences from the Spanish territory of up to six months, provided that the sum of these does not exceed the total of one year within the five years referred to in paragraph 1, except that the corresponding exits have been effected in an irregular manner.

3. The permanent residence permit shall also be granted to foreign nationals who credit that they are in any of the following cases:

(a) Residents who are beneficiaries of a retirement pension, in their contributory form, included within the protective action of the Spanish Social Security system.

(b) Residents who are beneficiaries of an absolute permanent disability pension or invalidity pension, in their contributory form, including within the protective action of the Spanish Social Security system or benefits similar to those obtained in Spain and consisting of a life income, not capitalizable, sufficient to sustain it.

(c) That they were born in Spain and when they arrived at the age of majority, they have been legally and continuously residing in Spain for at least the three consecutive years immediately preceding the application.

d) That they have been Spanish of origin and have lost Spanish nationality.

e) That when coming of age they have been under the tutelage of a Spanish public entity during the five years immediately preceding them in a row.

(f) Patroids or refugees who are on Spanish territory and who have been recognised as having their status in Spain.

g) Foreigners who have contributed in a noticeable way to the economic, scientific or cultural progress of Spain, or to the projection of Spain abroad. In these cases, the Minister for Labour and Social Affairs will be responsible for granting the permanent residence permit, after the Minister of the Interior has been informed.

Article 73. Procedure.

1. Foreigners who are in Spanish territory and who are in one of the cases listed in the previous article must apply, in an official model, for the authorization of permanent residence.

Foreigners who are not in national territory must submit personally the application for permanent residence permit to the diplomatic or consular post in whose demarcation they reside, which will be processed in the same terms as the temporary residence in Section 1 of Chapter I of Title IV.

2. The application for a permanent residence permit must be accompanied by the documentation showing the prior legal residence in Spain for five years or, where appropriate, that the foreigner is in one of the cases listed in the Article 72.3.

3. Upon receipt of the application, or subsated to it, the competent body shall automatically collect the relevant criminal record, as well as any reports it deems relevant for the processing and resolution of the procedure.

4. Within three months of the receipt of the application, and without prejudice to point (g) of Article 72.3.g), the Government Delegate or Subdelegation, as appropriate, shall decide.

5. The decision shall be deemed to be in favour, in the event that the Administration does not expressly resolve within three months of the submission of the application, provided that the application is based on the cases referred to in paragraph 1. or in paragraphs (a) and (b) of Article 72 (3).

6. Where appropriate, the granting of the permanent residence permit shall be settled by the foreigner, in person, within one month of the date of notification of the authorization.

Article 74. Renewal of the foreign identity card of permanent residents.

1. Foreigners who are holders of a permanent residence permit must apply for the renewal of the foreign identity card every five years.

2. The application for renewal shall be submitted during the 60 days immediately preceding the date of expiry of the validity of the card. To carry out the renewal, the applicant must provide the previous identity card abroad, as well as proceed with the payment of the corresponding fees. The submission of the application within this period shall extend the validity of the prior authorisation until the decision of the procedure. It shall also be extended until the decision of the procedure in the event that the application is lodged within three months after the date on which the validity of the previous authorisation was completed, without prejudice to the opening of the procedure. of the corresponding sanctioning procedure for the breach in which it was incurred.

CHAPTER IV

Extinction of residence and/or work authorizations

Article 75. Extinction of the temporary residence permit.

1. The validity of the temporary residence permits shall be extinguished without the need for an administrative statement:

a) For the duration of the period for which they were issued.

b) By express or tacit resignation of the holder. It is understood that there has been tacit resignation when the person concerned, after having been required to appear at the foreign office or the police station who had followed the file in order to deal with or surrender the card (a) the identity of a foreigner is not a person within three months of the date of the application, unless the person concerned proves that the failure to appear was due to a justified cause.

(c) The foreign resident must be obliged to renew the authorization in an extraordinary way, in accordance with the provisions of the competent authorities in the states of exception or of the site, in accordance with the provisions of the 24 of the Organic Law 4/1981, of June 1, regulating the states of alarm, exception and site.

d) For the inclusion in any of the alleged entry bans provided for in this Regulation, either because of the absence of such a circumstance at the time of entry, or because it has occurred during its stay in Spain.

2. The authorization of temporary residence shall be extinguished by a reasoned decision of the competent authority to grant it, in accordance with the procedures laid down in the rules in force for the procedures for granting, modifying and extinguishing authorizations, when the concurrency of any of the following circumstances is noted:

(a) Where the foreigner ceases to have sufficient economic resources or means of life, of guaranteed health care, taking into account the provisions of Article 12 of the Organic Law 4/2000, of 11 January, or of adequate housing, without being able to dispose of them within a period of three months from the notification in relation to that circumstance.

(b) Where the foreigner changes or loses his nationality, without prejudice to the possibility that he may acquire another residence permit in consideration of the new circumstances.

c) When the circumstances that served as the basis for granting them disappear. Without prejudice to other cases, it shall be understood that this is the case where, within one month of the entry into Spain of the alien and in any case at the time of the initial authorisations of temporary residence and work as an employed person of your application for the foreign identity card, there is no evidence that the person initially authorized to reside and work has been affiliated and/or discharged into the Social Security.

(d) Where the serious inaccuracy of the claims made by the holder is found to obtain such authorization of residence.

e) When you no longer have a passport, a similar document or, where applicable, an entry card, valid and in force, unless you can justify that you have completed the necessary formalities for the renewal or recovery of the passport or analogue document.

f) For the stay outside Spain for more than six months in a period of one year.

This circumstance shall not apply to the holders of an authorization of temporary residence and work linked by an employment relationship to non-governmental organizations, foundations or associations, registered in the general registration and officially recognized public utility as cooperating, and to carry out for those projects of research, development cooperation or humanitarian aid, carried out abroad. It shall also not apply to holders of a residence permit who remain in the territory of another Member State of the European Union for the purpose of carrying out temporary programmes of studies promoted by the Union itself.

Article 76. Extinction of the permanent residence permit.

The validity of permanent residence permits will be extinguished:

(a) To be obliged to the foreign resident to the extraordinary renewal of the authorizations, in accordance with the provisions of the competent authorities, in states of exception or of site, in accordance with the provisions of the Article 24 of the Organic Law 4/1981, of 1 June, regulating the states of alarm, exception and site.

b) By means of a reasoned decision of the body responsible for granting it, in accordance with the procedures laid down in the rules in force for the procedures for granting, modifying and extinguishing authorizations, when the serious inaccuracy of the claims made by the holder to obtain such authorisation of residence.

c) By means of a reasoned decision of the competent body, in accordance with the procedures provided for in the regulations in force for the procedures for granting, modifying and extinguishing authorizations, when it is included in any of the the alleged prohibition of entry provided for in this regulation, since this is in line with the provisions of Article 57.5 of the Organic Law 4/2000 of 11 January 2000.

d) For the stay outside of Spain for more than 12 consecutive months or more than thirty months in the global computation of the five years of residence.

TITLE V

Contingent

Article 77. Contingent of foreign workers.

1. In accordance with Article 39 of the Organic Law 4/2000 of 11 January, the Government may approve a contingent of foreign workers on an annual basis, by agreement of the Council of Ministers.

2. The quota will allow the scheduled recruitment of workers who are not resident in Spain, called to carry out jobs with a vocation of stability and who will be selected in their countries of origin on the basis of generic offers. submitted by employers.

3. The agreement of the Council of Ministers shall establish the assumptions in which it will be possible to process nominative offers through the quota.

Article 78. Content of the quota.

1. The agreement approving the quota will include a provisional figure, as well as the characteristics of the job offers of a stable nature for a calendar year which may be covered by this procedure by workers. foreign nationals who are not resident in Spain.

2. The quota agreement may also establish a number of visas for the purpose of seeking employment for children or grandchildren of Spanish of origin, as well as a number of visas for the search for employment limited to certain sectors of activity or occupations in a particular territorial area.

3. The agreement of the Council of Ministers approving the quota may, in a differentiated manner in respect of the stable offers to which it relates, be regulated in particular in the procedure for the recruitment of seasonal workers in the Section 2 of Chapter II of Title IV.

4. Throughout the year, the number and distribution of eligible job vacancies may be revised within the framework of the quota, in order to adapt it to the evolution of the labour market.

5. The generic job offers presented through the quota will be oriented preferably towards the countries with which Spain has signed agreements on the regulation and management of migratory flows.

Article 79. Production of the quota.

1. The Secretariat of State for Immigration and Emigration shall be responsible for drawing up the proposal for a quota, after consultation of the Tripartite Immigration Commission, which shall take into account, in any case, information on the situation national employment provided by the State Employment Public Service and proposals that raise the autonomous communities. These proposals will be made after they have received the requests from the provincial business organisations and, where appropriate, the considerations that the trade union organisations of the same scope would have made to them.

2. The report drawn up by the Higher Council for Immigration Policy on the employment and social integration situation of immigrants provided for in Article 68.2 of the Organic Law 4/2000 of 11 January will be taken into account.

3. The proposal will be presented by the Secretary of State for Immigration and Emigration to the Inter-Ministerial Committee on Foreign Affairs to report on the origin of the proposal to raise it to the government.

4. The different actions of management, selection, social intervention and granting of residence and work authorizations, among others that are a consequence of the implementation of the quota, will be developed in the terms that the Government establishes in the agreement adopted.

Article 80. Procedure.

1. The agreement of the Council of Ministers approving the quota will lay down the procedure for the recruitment of foreign workers. In any event, the work contracts to be managed through the quota must be signed by foreigners who are not resident in Spanish territory, and must contain at least the aspects referred to in Article 2.2 of the Royal Decree 1659/1998 of 24 July on the development of Article 8.5 of the Law of the Staff Regulations on information to the worker on the essential elements of the contract of employment, as well as an estimate of the salary net to be collected by the worker.

2. Employers who intend to recruit through the contingent must submit the applications personally, or through whom the business legal representation is validly assigned, which, for these cases, may be the business.

3. In the selection processes at the origin of the workers, carried out, where appropriate, in accordance with the procedures laid down in the arrangements for the regulation of migratory flows, employers may participate directly or indirectly, provided that the request, as well as the representatives of the Directorate General of Immigration specifically responsible for these tasks.

4. Taking into account the characteristics of the job to be performed, training courses may be developed in Spain or in the countries of origin, aimed at workers who have been selected or shortlisted. By means of the most appropriate means, the supply of sufficient information to the worker shall be sought as such.

5. Attention to the speed of the procedure may allow the submission of a visa application for the selected workers to be carried out through the selection body jointly for the workers whose recruitment is is intended for the same period.

6. Granted the visa by the consular authority, it shall incorporate the initial authorization of residence and work for an employed person of one year of duration, counted from the date on which the entry is made in Spain, which shall be recorded as mandatorily in the passport or travel title. The initial authorisation of residence and work shall be limited to a specific territorial area and sector of activity and shall allow workers to be immediately incorporated into the enterprise, as well as their affiliation and/or high social security.

7. Within one month of their entry into Spain, workers will be required to apply for a personal identity card from abroad. Such a card shall be issued for the period of validity of the temporary residence permit and shall be withdrawn, unless exceptional circumstances prevent it personally from abroad.

Article 81. Visas for job search.

1. Visas for job search will be allowed to travel to the Spanish territory, to search for work during the three-month period of stay. If, on the expiry of that period, he has not obtained a contract, the foreigner shall be obliged to leave the national territory, otherwise he shall incur the offence provided for in Article 3 (a) of the Organic Law 4/2000 of 11 January.

2. For the purpose of verifying the departure of the national territory, the foreign national must appear before those responsible for the border control for which the exit is made, so that an exit stamp is affixed to his passport. This circumstance shall be entered in the Central Register of Foreigners and communicated, by telematic means where possible, to the Ministry of Foreign Affairs and Cooperation.

Article 82. Visas for the search for employment directed to children or grandchildren of Spanish of origin.

The number of employment search visas for children and grandchildren of Spanish origin, who, in accordance with the provisions of Article 40 of the Organic Law 4/2000 of 11 January, are exempt from the assessment of the national employment situation, as well as the mechanisms for selecting the recipients and the formulas for submitting applications, shall be governed by the quota agreement.

Article 83. Visas for job search for certain sectors of activity or occupations.

1. The quota may approve a number of employment-seeking visas limited to a territorial scope and an activity sector where there are difficult-to-cover jobs and the specific circumstances of the labour market concerned. determine that positions can be more adequately covered through this system.

2. In each country, the selection body provided for in the relevant flow regulation agreement shall make the selection of foreign nationals among those accredited to comply with the professional qualifications and qualifications to be determined in the function of the sectors of activity.

3. The employment search visa will allow your holder to stay legally in Spain for three months. The worker must seek employment in the sector of activity and in the territorial area for which the authorization is granted, and the offices of foreigners or areas of work and social affairs shall be inadmissible or refused, where applicable, applications which are submitted for another occupation or territorial scope other than those provided for for their authorisation in accordance with the provisions of the Organic Law 4/2000 of 11 January.

Exceptionally, when unforeseen circumstances occur in the labour market, the Directorate-General for Immigration may provide that the authorisation of residence and work is granted in another territorial area or sector of activities other than those initially planned.

4. The employer intending to hire the foreigner under these conditions shall submit a contract of work-application for authorization, signed by both parties, as well as those documents referred to in Article 51.2, in the Office of Foreign or in the Area or Dependence of Labour and Social Affairs of the Government Delegation or Subdelegation.

5. The competent authority shall decide within a maximum of 10 days on the granting of the residence and work authorisation and shall notify the applicant of the decision immediately.

6. The effectiveness of the authorisation granted shall be conditional upon the worker's subsequent affiliation and/or high level of Social Security within one month of the notification made to the applicant. If the condition is fulfilled, the authorization shall be valid and shall be considered as an initial authorization of residence and work as an employed person.

7. Within one month of the entry into force of the authorisation, workers shall be obliged to apply for the same identity card from abroad. Such a card shall be issued for the period of validity of the temporary residence permit and shall be withdrawn, unless exceptional circumstances prevent it personally from abroad.

TITLE VI

Cross-border workers

Article 84. Authorisation of self-employed or employed work for cross-border workers.

1. This type of authorization shall be granted to workers residing in the border area of a neighbouring State to which they return daily, who carry out gainful, employment or professional activities as self-employed or employed in the areas concerned. border of the Spanish territory. Its validity shall be limited to this territorial scope, shall be valid for a maximum of five years and shall be renewable.

2. In its initial concession and subsequent renewals, the provisions of the Articles laying down the conditions for the granting of the work authorisation and its renewal shall be as laid down.

3. The fact that he has been the holder of an authorisation for self-employment or employment for cross-border workers shall not create the right to obtain an authorisation for residence and self-employment, without prejudice to the fact that be taken into account for the assessment of applications that may be submitted by the holder.

4. A foreign worker must apply for and obtain the relevant cross-border worker card referred to in Title X. This card shall prove the status of a cross-border worker and allow entry and exit from national territory. for the performance of the activity to which it relates.

5. This work authorisation shall be renewed upon expiry as long as the holder continues to be active and the circumstances which led to his/her concession remain.

6. Authorisations for self-employment or employment for cross-border workers shall be refused, in addition to the concurrence of any of the general grounds for refusal laid down in this Regulation for residence permits and employment, because of the loss of the status of a cross-border worker.

7. Authorisations shall be extinguished when the causes for the other authorisations covered by this Regulation are met, where applicable.

TITLE VII

Authorization for research and studies

Article 85. Definition.

1. Foreigners who wish to carry out research or training non-remunerated at work, or to study or extend studies, in any officially recognised public or private Spanish teaching or scientific centres, must have of the relevant study visa.

2. The study visa enables the foreigner to stay in Spain in a situation of stay for the realization of courses, studies, research or training. The duration of such stay shall be equal to that of the course for which it is registered or, where appropriate, of the research work it develops. The cessation of the activity for which it was granted will be caused by the extinction of its validity.

Article 86. Requirements.

Are requirements for obtaining a study visa:

a) Meet all requirements for entry set out in Title I.

b) Having been regulated in any Spanish, public or private educational or scientific institution, officially recognized, for the purpose of cursing or expanding studies or carrying out research or training, working, with an indication, as appropriate, of a schedule involving assistance and/or an approved curriculum, research or training.

c) In the case of under-age students, where they are not accompanied by their parents or guardians and are not under the circumstances of Article 92, they shall also be required for the movement to Spain to carry out the studies, including the centre and the planned period of stay.

(d) To be guaranteed the necessary financial means to cover the cost of their studies, as well as the costs of their stay and return to their country, and, where appropriate, those of their families. Unless the call excludes students or researchers in a situation of stay, they shall be deemed to be entitled to access to the public system of grants and grants under the same conditions as the Spanish.

Article 87. Procedure.

1. The application for a study visa shall be submitted in person, in an official format, to the Spanish diplomatic mission or consular post in whose demarcation the foreign territory resides, unless, exceptionally, the provisions of the First subparagraph of paragraph 2 of the third provision of Organic Law 4/2000 of 11 January 2000. The Ministry of Foreign Affairs and Cooperation, if justified, may determine the diplomatic mission or consular post other than the previous one in which the visa application is to be submitted. In the case of minors, the application must be submitted personally by the parents or guardians or by a duly accredited representative.

2. The application for a study visa shall be accompanied by the supporting documents:

(a) The validity of the applicant's passport or travel document for the entire period for which the visa is requested.

b) admission to a teaching, public or private centre, officially recognised, for the purpose of studying or extending studies or carrying out research or training, in which the number of code assigned to it shall be recorded, where appropriate; such a centre in the national register of universities, centres and teaching or in the state register of non-university teaching centres, both of which are dependent on the Ministry of Education and Science, as well as the research centres recognised as by the Ministry of Industry, Tourism and Trade or by the Ministry of Education and Science.

c) The content of the curriculum, training, or research to be performed.

d) A health insurance covering, for the entire time of your stay in Spain, medical expenses and repatriation associated with an accident or sudden illness.

e) The provision of means of subsistence and accommodation for the period requested and, where appropriate, to ensure the return to the country of provenance.

f) In the case of under-age students, the corresponding authorization of parents or guardians.

When the duration of studies or research exceeds six months, it will be required, in addition:

(g) A medical certificate for the purpose of proving that it does not suffer from any of the quarantine diseases provided for in the International Health Regulations.

(h) In the case of older applicants of criminal age, without a criminal record, a criminal record or equivalent document issued by the authorities of the country of origin shall be established. the origin or the country in which it has resided for the last five years and in which no convictions for offences existing in the Spanish order are to be found.

3. The diplomatic mission or consular post may require the appearance of the applicant and, where necessary, maintain a personal interview, in order to verify his identity, the validity of the personal documentation or other documentation provided, the regularity of the stay or residence in the country of application, the nature of the studies or the investigation to be carried out and the guarantees of return to the country of residence. Failure to appear within the prescribed period, which may not exceed 15 days, will have the effect of considering the person concerned to withdraw from the application and the file of the procedure will be produced.

4. Where the applicant accredits the required personal conditions, the consular post shall require, by means of telematic means where possible, directly or through the Ministry of Foreign Affairs and Cooperation, a favourable report on the Delegation or Subdelegation of the Government concerned regarding the fulfilment of the requirements for the student's stay in Spain. The maximum period for the communication of the said report, through the central bodies of the Ministry of Foreign Affairs and Cooperation, to the requesting consular post shall be seven days from the receipt of the request for the report, after which, without having obtained an answer, their meaning is understood to be favourable.

5. With added character, and only where the centre in which the studies are to be carried out shall not be included in the register provided for in Article 87 (2) (b), the consular post shall require, directly or through the Ministry of Foreign Affairs and of Cooperation, the favourable report of the Delegation or Subdelegation of the Government in the territory where it radiating said center of studies. The maximum period for the communication of the said report, through the central bodies of the Ministry of Affairs and Cooperation, to the requesting consular post shall be 15 days from the receipt of the request for the report. which, without having obtained an answer, shall be understood to be favourable.

The diplomatic mission or consular post, in compliance with the other requirements, shall decide on the application and issue, where appropriate, the study visa, within a maximum period of one month.

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

7. If the duration of the study is longer than six months, the foreign student must apply for the corresponding foreign student card within one month of the effective entry into Spain.

Article 88. Refresh.

1. The authorisation to stay for study may be extended annually if the person concerned has:

(a) Which continues to meet the requirements set out in Article 86 for obtaining a study visa.

b) That it has passed the relevant tests or requirements for the continuity of its studies or, where appropriate, that the research developed by the foreigner is progressing well. This requirement may also be established by carrying out studies or investigations in the territory of another Member State of the European Union, in the framework of temporary programmes promoted by the Union itself.

2. The extension of the authorisation shall be requested within 60 days before its expiry. It shall be processed in accordance with the provisions laid down for the extension of stay in Article 29. The application may be lodged in the register of the body responsible for processing or before any other official register. Where necessary, the competent authority to resolve the renewal application may require the personal appearance of the person concerned. Failure to appear within the prescribed time limit will have the effect of considering the interested party to withdraw from the application and the file of the procedure.

Article 89. Family members of foreign students and researchers.

1. Foreigners who have applied for a study visa or who are in Spain in the course of studies covered by this title may apply for the corresponding stay visas for their relatives to enter and remain legally resident. in Spain for the duration of such studies or research, without requiring a prior period of stay to the foreign student or researcher, and such visas may be applied for at the same time with the application for the study visa by the student or researcher, or at any later time, during the period of validity of the the authorisation of stay by study.

2. The term of the family shall be understood as referring to the spouse and children under eighteen years of age or subject to their parental rights or guardianship.

3. The family of the foreign student or researcher with the visa referred to may remain legally in Spanish territory during the same period, with the same status as the student or researcher, and their stay will be in any case. linked to that statute. If your stay is longer than six months, you must apply for a foreign student card within one month of your entry into Spain.

4. The family of the student or researcher shall not be entitled to the authorisation for the performance of gainful employment activities referred to in the following

.

Article 90. Work by students or researchers.

1. Foreigners who have a valid study visa may be allowed to carry out gainful employment activities, in public institutions or private entities, when the employer as a legitimate subject submits the application for work authorisation and, in general, the requirements laid down in Article 50, except paragraphs (a) and (f) thereof, are complied with.

Such activities must be compatible with the conduct of the studies, and the income obtained may not have the character of resource necessary for their livelihood or stay.

No authorisation shall be required for such practices in public or private entities which are part of the curriculum for which the visa has been granted for studies and are produced in the framework of the relevant studies. collaboration agreements between those entities and the teaching centre concerned.

2. Contracts must be formalised in writing and shall be in accordance with the form of a part-time work contract. In the case of fulltime, the duration of the period may not exceed three months or coincide with the periods of reading.

3. The authorisation granted shall not have geographical limitations, unless the gainful activity coincides with periods of reading; in that case, it shall be limited to the territorial area of residence of the holder.

4. The validity of the authorisation shall correspond to the duration of the contract of employment and shall not exceed that of the duration of the visa or the authorisation of studies, the loss of which shall be the cause of termination of the authorisation.

The authorizations to work will be renewed if the circumstances that prompted the previous concession remain, as long as the renewal of the stay for research or studies has been obtained.

Article 91. Special arrangements for specialisation studies in the field of health.

The foreign graduates in Medicine and Surgery, Pharmacy, Psychology, Chemical Sciences and Biological Sciences who are in possession of the corresponding Spanish or foreign title duly approved and carry out studies of specialization in Spain, according to specific regulation, may carry out the gainful employment activities derived from or required by these specialization studies, without having to have the corresponding work authorization, without prejudice to the need for communication of this circumstance to the authority competent.

The consular post of your place of residence may issue the study visa after verification that you are carrying out the specialization studies mentioned in the previous paragraph.

TITLE VIII

Foreign Minors

Article 92. Unaccompanied foreign minors.

1. In cases where the State Security Forces and Corps are aware of, or located in Spain, an undocumented alien whose age minority cannot be established safely, he/she shall inform the protection services of less so that, where appropriate, they should be given immediate attention in accordance with the provisions of the legislation on the legal protection of the child. Immediately, the fact will be put to the attention of the Fiscal Ministry, which will have the determination of its age, for which the appropriate health institutions will collaborate, which, as a matter of priority and urgent, will carry out the tests required.

2. If the age is determined, the tax ministry shall make it available to the competent services for the protection of minors.

3. If, during the age-determination procedure, the child requires immediate attention, the State Security Forces and Corps shall request it from the competent child protection services.

4. The General Administration of the State, in accordance with the principle of family reunification of the child, after hearing the child, and after reporting of child protection services, shall decide on the repatriation to his or her country of origin, or to the one where their relatives are located, or, failing that, about their stay in Spain. In accordance with the principle of the best interests of the child, the repatriation to his country of origin will only be agreed if the conditions for the effective family reunification of the child, or for the proper protection of the services of the child, are given. protection of minors from the country of origin.

The procedure shall be initiated by the General Administration of the State or, where appropriate, by the proposal of the public entity exercising the protection of the child. The authority responsible for the protection of the child shall provide the governmental authority with any information it may know concerning the identity of the child, his family, his country or his home, and shall inform him of the steps he has been able to take to locate the child's family.

The governmental authority will bring to the attention of the Fiscal Ministry all the actions carried out in this procedure.

The General Administration of the State, competent to carry out the formalities concerning the repatriation from Spain of a foreign minor in distress, will act through the delegations and Subdelegations of the Government, which will request from the General Commissioner for Foreign Affairs and Documentation to carry out the necessary steps to the embassies and consulates concerned, to locate the relatives of the minors or, failing that, the services for the protection of minors from their country of origin which are responsible for them. If there is no diplomatic representation in Spain, these efforts will be channelled through the Ministry of Foreign Affairs and Cooperation.

Once the child's family is located or, failing that, the child protection services of his country, the repatriation will be carried out by means of his delivery to the border authorities of the country to which he is repatriated. This measure shall not be carried out where the existence of a risk or danger to the integrity of the child, the pursuit or that of his or her family has been verified.

In the event that the child is not in a judicial process, the repatriation will be conditional upon the judicial authorization. In any event, the communication to the Prosecutor's Office shall be recorded in the file.

Repatriation of the child will be agreed upon by the Government Delegate or the Deputy Government Delegate, and executed by National Police Corps officials.

Repatriation will take place at the expense of the family of the child or the child protection services of your country. If not, the diplomatic or consular representative of his country shall be notified of these effects. The cost of repatriation will be borne by the General Administration of the State.

5. Nine months after the child has been made available to the competent services for the protection of minors in accordance with paragraph 2, and once the repatriation has been attempted with his or her family or the country of origin, if the child has not It is possible to grant the residence authorization referred to in Article 35.4 of the Organic Law 4/2000 of 11 January. In any event, the fact that there is no residence permit shall not prevent the child's access to those activities or programmes of education or training which, at the discretion of the competent child protection organisation, are in the their benefit.

The fact that the residence has been authorised shall not be an impediment to the repatriation of the child, where it may subsequently be carried out in accordance with the provisions of this Article.

In the case of minors tutored by the protection entity of competent minors who reach the age of majority without having obtained the said authorization of residence and have participated adequately in the training actions and activities scheduled by that entity to promote its social integration, it may recommend the granting of a temporary residence permit for exceptional circumstances, to which the provisions of Article 440 (j) shall be extended. The Organic Law 4/2000, of January 11.

6. In the case of minor asylum seekers, the provisions of Article 15 (4) of the Implementing Regulation of Law 5/1984 of 26 March 1984 on the right of asylum and refugee status, approved by the Royal Decree, will be subject to the provisions of Article 15 (4). 203/1995, February 10.

Article 93. Temporary posting of foreign minors.

1. The posting of minors abroad to Spain, in programs promoted and financed by public administrations, non-profit associations or foundations or other entities or persons outside of those who exercise their rights or guardianship, for temporary stays for schooling, medical treatment or holiday enjoyment, it will require the express authorisation of the person exercising the parental authority or guardianship, as well as the favourable prior report of the Deputy Government Delegate or Delegate of the Government to the uniprovincial autonomous communities, in whose territory they are remain. For this purpose, the Government Delegate or Subdelegation may request the report of the community body or autonomous communities competent for child protection, issued at the initiative of the sponsoring entity of the programme.

2. The Ministries of Foreign Affairs and Cooperation, Labour and Social Affairs and the Interior shall coordinate the movement and stay of these minors, and the latter shall monitor their return to the country of origin or origin.

3. In all cases, if minors are to be welcomed by individual families or individuals, they must express in writing their knowledge that the child's reception is not intended to be adopted and their commitment to encourage their return to their country. of origin or provenance.

4. The temporary stay for school purposes shall be processed in accordance with the provisions of the student scheme provided for in this Regulation and shall end at the end of the academic year at which time, except for exceptional reasons. prevent, the child shall return to his/her country.

In case you want to continue studies for more than one academic year, the minor must be included in a new program.

5. The requirements and requirements of this article shall be construed as being fulfilled, for the purposes of granting the visa, through the favourable report of the Deputy Government Delegate or Government Delegate in the Autonomous Community of the Autonomous Communities, refers to paragraph 1. The report shall refer to the fulfilment by the programme of the requirements and authorisations required in Spain, provided for the purpose of the stay and its duration, both in terms of health or education and of legal protection. of the child in relation to the intended purpose and of that duration, which may not exceed an academic year, in order to guarantee the absence of risk of the latter's protection. The existence of a written undertaking to facilitate the return to the country of origin of minors shall also be verified, and the knowledge that the child's reception is not intended to be adopted, as referred to in paragraph 3, and that the This return does not entail any cost to the public purse, unless such cost has been expressly and previously assumed by the competent authority.

The consular post in the country of origin of the child shall, however, verify the express authorization of the person exercising the parental authority or guardianship, as well as all the requirements of the individual passports or collectives, laissez-passer or other travel documentation for minors.

Article 94. Residence of the child of legal resident.

1. Children born in Spain from abroad who are legally residing in Spain will automatically acquire the same residence authorization as any of their parents. For these purposes, the father or mother must personally apply for the residence permit for the child since the birth or since any of his parents have access to the legal residence, accompanying the original and a copy of the birth certificate, as well as a copy of the residence permit from which any parent is entitled. If the child born in Spain is a parent or a parent recognised as refugees, they may choose to apply for the family extension of the right of asylum or a residence permit, depending on the best interest of the child.

2. Foreign minors or disabled persons not born in Spain who are children of Spaniards or of foreign legal residents in Spain, or are legally subject to the protection of a Spanish citizen or institution or of a foreigner legal resident in Spain will be able to obtain a residence permit when their continued stay in Spain is credited for a minimum of two years and their parents or guardians meet the requirements of the means of living and accommodation required in this Regulation to exercise the right to family reunification. Where minors are of compulsory school age, they must be further accredited who have been enrolled in a school and regularly assisted in class, except for justified absences, during their stay in the school. Spain. The validity of the authorisations granted for this reason shall be linked, where appropriate, to that of the residence permit of the parent, mother or guardian of the person concerned.

3. For renewals of the residence permits regulated in this article, the procedures and the procedure laid down for the residence permits of the regrouped family members will be followed.

TITLE IX

Changing the situations of foreigners in Spain

Article 95. From the situation of stay by study to the situation of residence and work.

1. Foreigners who are in Spain in a situation of study may have access to the situation of residence and work without having to apply for a visa when the employer, as a legitimate subject, submits the application for authorisation. to reside and work and meet the conditions of work required by Article 50, except paragraph (a), and the foreign national is credited with:

a) He has remained in Spain for at least three years in the state of residence for studies.

b) You have completed studies or research work with use.

c) Has not been awarded or subsidised by public or private bodies within the country's cooperation or development programmes.

The student or researcher who takes advantage of this possibility may also apply for a residence permit in favor of family members in a situation of stay provided for in Article 89 who are living with him. at the time of the application, provided that it provides adequate economic sufficiency and adequate housing, in accordance with the terms laid down for family reunification in Article 42.2.d) and (e).

2. The authorization of residence or residence and work granted shall be considered as an initial authorization. The effectiveness of the authorization of residence and work granted shall be conditional upon the worker's subsequent affiliation and discharge in the Social Security within one month of the notification made to the applicant. If the condition is fulfilled, the authorization will begin its term of validity, and within one month of its entry into force, the worker must apply for the identity card from abroad. In the case of family members, the residence permit granted shall be governed by the provisions of Section 2 of Chapter I of Title IV.

3. Exceptionally and after a favourable report by the Secretary of State for Immigration and Emigration, the period of three years referred to in paragraph 1 may be reduced, in the case of foreigners whose residence in Spain is deemed appropriate for reasons of reason. of the exceptional relevance of professional and scientific merit accredited by those.

4. The authorization of residence and work, as well as, where appropriate, the authorization of residence for family members, shall be requested during the three months preceding the termination of the authorization to stay for study. The application made within this period shall extend the validity of the authorisation to stay of the student or investigator and, where appropriate, of the family members referred to in Article 89, until a decision has been taken on them.

Article 96. From the situation of residence to the situation of residence and self-employment or others.

1. Foreigners who are in Spain for at least one year in legal residence may have access to the situation of residence and work as an employed person when the employer, as a legitimate subject, submits the application for a authorisation to reside and work and the work requirements required in Article 50, except paragraphs (a) and (f), are met. Exceptionally, you will be able to access the situation of residence and work, without the need for a period of one year, the foreign one who accredits a need for over-sold circumstances to work to ensure their subsistence.

2. Where an activity is intended to be carried out on a self-employed basis, compliance with the requirements of Article 58 shall be required, except for paragraph (f).

3. Foreigners in residence for having been regrouped, as well as the spouse who has access to an independent temporary residence permit by the means provided for in Article 41.2, may be granted access to the residence permit and work without the need for the deadline for legal residence laid down in paragraph 1 of this Article to be met.

4. The effectiveness of the work authorization granted shall be conditional upon the worker's subsequent affiliation and/or high in the Social Security within one month of the notification made to the applicant. If the condition is met, the authorization will begin its term.

5. Foreign nationals who hold a residence permit as a Community citizen or a family member of the Community, when they have ceased to do so, may obtain, if they fulfil the conditions laid down for that purpose, the exception of a visa, (a) authorisation of residence and work as an employed or self-employed person, as appropriate, depending on the duration of the prior authorisation from which it was a holder.

Article 97. Compatibility of the situation of residence and employment and residence and self-employment.

1. Foreigners who wish to carry out gainful self-employed activities at the same time shall obtain the corresponding authorizations to work, in accordance with the general requirements laid down for obtaining each other one of them in this Regulation, after accreditation of the compatibility of the exercise of both gainful activities, in relation to their object and characteristics, duration and working time.

2. The administrative authorisation granted for the compatibility of the exercise of work and professional activities shall have a duration equivalent to the period of validity of the work authorization for which the worker is entitled except in the case where it is granted on the basis of a lower-duration job offer.

Article 98. From the situation of residence by exceptional circumstances to the situation of residence and self-employed or employed persons.

1. Foreigners who are in Spain for at least one year in residence for exceptional circumstances, in the cases referred to in Article 47, may access the situation of residence or residence and work without need for a visa.

2. Where a foreigner authorised to reside in exceptional circumstances is entitled to work as an employed person, he shall submit the application for residence and work authorization for himself, which shall be granted if he meets the requirements laid down in Article 1 (1) of the Treaty. provided for in Article 54.

3. In other cases, the employer shall be the person entitled to submit the application for residence and work authorization and shall require the work requirements referred to in Article 50, except paragraphs (a) and (f). The effectiveness of the work authorization granted shall be conditional upon the worker's subsequent affiliation and discharge in the Social Security within one month of the notification made to the applicant. If the condition is met, the authorization will begin its term.

4. The duration of the authorisation shall be based on the time previously resided in Spain.

5. Where an activity is intended to be carried out on a self-employed basis, compliance with the requirements of Article 58, except paragraph (f), shall be required.

Article 99. Modifications to the residence and work authorization.

1. In the case of initial authorisations, the competent authority which granted the initial authorisation to reside and work as an employed or self-employed person may amend its scope in respect of authorised work and territorial scope, provided at the request of the holder.

In the case of a change in work activity, the provisions of Article 50 (a) shall be taken into account.

2. Residence permits and self-employment and self-employed persons may be moved, respectively, in the form of a work permit for an employed and self-employed person, at the request of the person concerned, provided that his or her work has already been renewed. initial authorisation or submitting the application at the time when it is appropriate to request the renewal of the authorisation for which it is a holder and meets the following conditions:

(a) In the case of changes in the self-employed account, they shall be authorised if the conditions laid down in Article 58 are met and the usual performance of the work activity is recorded during the period of the validity of the authorisation for a period equal to that which it would correspond to if it intended to be renewed.

(b) In the case of changes of own account to an employed person, a contract of employment which justifies the new employment of the worker shall be authorised provided that the performance of the contract is recorded. the tax and social security obligations of your previous professional activity.

3. The new authorization will not extend the validity of the modified authorization.

In the case of modifications requested at the time of the renewal of the authorisation of the holder, its validity shall be that which would correspond to its renewal.

TITLE X

Foreign documentation

CHAPTER I

Documentation rights and obligations

Article. 100. Rights and obligations.

1. Foreigners who are in Spanish territory have the right and the obligation to keep, in force, the documentation with which they have made their entry into Spain, which accredits their identity, issued by the competent authorities from the country of origin or from the country of origin, as well as the country of origin in Spain.

2. Foreigners are required to display the documents referred to in the previous paragraph when they are required by the authorities or their agents.

3. Foreign nationals may not be deprived of their documentation, except in the cases and with the requirements laid down in Organic Law 4/2000 of 11 January and in Organic Law 1/1992 of 21 February on the Protection of Citizen Security.

Article 101. Foreign identity number.

1. Foreigners who obtain a document enabling them to remain in Spanish territory, those who have been brought an administrative file under the provisions of the regulations on foreign nationals and those who for their economic, professional or social interests, related to Spain shall be endowed, for the purposes of identification, of a personal, unique and exclusive number, of a sequential nature.

2. The personal number shall be the identifier of the alien, which shall appear on all documents issued or processed, as well as on the proceedings which are stamped on his passport or similar document.

3. The identity number of the foreigner (NIE) must be granted on its own initiative, by the Directorate-General of the Police, in the cases mentioned in paragraph 1, except in the case of foreigners who relate to Spain for their interests. economic, professional or social, which shall be of interest to that body for the allocation of the indicated number, provided that the following conditions are met:

a) That they are not in an irregular situation in Spain.

b) To document the reasons why they request the assignment of such a number.

Foreigners who relate to Spain for their economic, professional or social interests may request the NIE from the Directorate-General of the Police through the consular offices of Spain abroad.

4. The provisions of the above paragraph shall also apply to the application of resident and non-resident certificates.

CHAPTER II

Accreditation of the situation of foreigners in Spain

Article 102. Accreditation.

The different situations of foreigners in Spain may be credited, as appropriate, by the passport or travel document that accredits your identity, visa or identity card from abroad. Such a situation may exceptionally be credited by other authorisations or documents validly issued for that purpose by the Spanish authorities.

Article 103. The passport or travel document.

The passport or travel document in which the stamp of entry is established, will prove, in addition to the identity, the situation of stay in Spain in those cases of foreigners who do not need to obtain a visa stay.

Article 104. The visa.

The validly obtained visa credits the situation for which it was granted. The validity of such accreditation shall be extended from the effective entry of its holder in Spain, to the obtaining of the corresponding identity card from abroad or until the validity of the visa is extinguished.

Article 105. The foreign identity card.

1. All foreigners to whom a visa has been issued or an authorization to remain in Spain for a period of more than six months have the right and the obligation to obtain the identity card from abroad, which must be requested personally within one month of their entry into Spain or from the time of the granting of the corresponding authorisation, respectively.

2. The foreign identity card is the document intended to identify the foreigner for the purposes of crediting their legal situation in Spain.

3. The foreign identity card is personal and non-transferable, and it is up to the holder to complete the actions that are established for obtaining and delivering, as well as the custody and preservation of the document.

4. Failure to comply with the obligations relating to the identity card abroad will result in the application of the sanctioning regime provided for in the Organic Law 4/2000 of 11 January.

5. The holder of the identity card abroad may not be deprived of the document, except in the cases and with the requirements laid down in the Organic Law 4/2000 of 11 January, and in the Organic Law 1/1992, of 21 February, on the Protection of the Citizen Security.

6. The Ministry of the Interior, within the framework of the agreements on documentation of international foreigners in which Spain is a party, will dictate the necessary provisions to determine the characteristics of this document, prior to the of the Interministerial Committee for Foreign Affairs.

7. The foreign identity card shall have the same period of validity as the authorization or recognition of the right to justify its issue, and shall lose its validity in the event of that of the said authorization, by any of the (a) the reasons for this effect or, where appropriate, for the loss of the right to remain on Spanish territory.

8. When the validity of the card has expired, the renewal of the authorization or, where appropriate, the recognition to remain in Spanish territory, or the right to justify its issue, the foreigners, has been agreed upon. They are obliged to deliver the document to the police station or to the police services of the Foreign Offices corresponding to the place where they reside.

In the case of foreigners to whom the asylum system applies and who are domiciled in Madrid, the document must be delivered to the asylum and refuge office.

9. The loss, destruction or misuse of the Foreign Identity Card, identity card abroad, whether personal, work or family, shall carry with them the issue of a new card, at the request of the person concerned, who does not will be considered a refresh and will be in effect for the amount of time that you have to expire to replace.

10. The changes that would imply an alteration of the legal situation in Spain of the holder of the identity card abroad, as well as of his employment status, including the renewals, will determine the issue of a new card adapted to the change or alteration, with the validity of the resolution granting such modifications.

11. It will be the responsibility of the Directorate General of the Police, in accordance with the coordination criteria established by the Secretariat of State for Security, in agreement with the Secretary of State for Immigration and Emigration, the organization and management of the services for the issue of identity cards of foreigners in police stations or foreign offices where the administrative file has been dealt with or the notification by which the right is recognised or authorised to do so remain in Spain, as well as their expedition and delivery to the person concerned, who will have to they are the addressee of the document and have made the payment of the legally established tax rates. Also, in cases where the effectiveness of the authorization granted is conditional on the requirement of the affiliation and/or discharge of the foreigner in the Social Security, this circumstance must be established at the moment of requesting the card.

12. The regulations in force on presentation and annotation in the public offices of the national identity document, the rules of which shall be in addition to the rules on the use of the documents in Spain, shall apply to the documents referred to above. identity documents of foreigners.

Article 106. Cross-border and student worker cards.

1. Foreigners who are in Spain in a situation of stay for study or research of longer than six months, as well as cross-border workers, must apply for and obtain the student and worker card. cross-border, respectively, to credit their condition. Such cards should be requested in the terms set out in this Regulation for the foreign identity card.

2. The Ministry of the Interior shall make the necessary arrangements to determine the characteristics of these documents, after the Interministerial Committee for Foreign Affairs has informed them.

CHAPTER III

Undocumented

Article 107. Undocumented.

1. In the case of illegal aliens, as provided for in Article 34.2 of the Organic Law 4/2000, of January 11, this chapter will take place in the form provided for in this chapter.

2. The request for documentation shall be made as soon as the documentation has been produced and shall be submitted, in person and in writing, to the police stations or the Foreign Offices that correspond.

3. In the police offices or offices of foreigners in which he is present, the person concerned shall display the documents of any kind, even if they are expired, which may constitute evidence of identity, provenance and nationality, if any, so that they are incorporated into the information that is being carried out. It shall also prove that it cannot be documented by the diplomatic mission or consular post concerned by a notarial act, which permits a record of the order made and not taken into account, without prejudice to the provisions of paragraph 1. 5.

4. The person concerned must also provide the documents, statements or other appropriate means of proof to prove that there are exceptional reasons of a humanitarian nature, public interest or, where appropriate, compliance with the Spain's commitments, which justify its documentation, by the Spanish authorities.

5. In the case of applicants for temporary residence permits in exceptional circumstances, the applicant shall be exempted from the presentation of a notarial act to prove that it cannot be documented by the diplomatic mission or consular post. in cases where serious reasons are alleged to prevent their appearance in those cases, for which the report of the office of asylum and refuge may be obtained.

6. For the purposes of carrying out the information referred to in paragraph 3, the person concerned shall work diligently with the investigating police agencies, in particular with regard to the verification of the data, documents or media proof that it was available.

7. Once the initial information has been made, provided that the foreigner is not present in any of the alleged prohibition of entry into Spain referred to in Article 26 of the Organic Law 4/2000, of January 11, or has been issued against the order to be expelled from the Spanish territory, if you wish to remain in Spanish territory, you will be granted by the Subdelegation of the Government, or Delegate of the Government in the uniprovincial autonomous communities, in the province or autonomous community in which you find, an interim identification document, which will enable you to stay in Spain for three months, during which time information on his or her background will be completed.

8. Exceptionally, for reasons of public security, on an individual basis, motivated and in proportion to the circumstances in each case, by resolution of the Minister of the Interior adopted on a proposal from the Directorate-General of the Police, in accordance with the legal guarantees of the sanctioning procedure provided for in the Leyley, one of the limiting measures provided for in Article 5 (2) of the Organic Law 4/2000 of 11 January 2000 on rights and freedoms of foreigners in Spain and their social integration.

9. The information is complete, unless the foreigner is found in any of the alleged prohibition of entry or has been issued against an order of expulsion, prior to the payment of the tax rates that legally correspond, the Subdelegation of the Government, Government Delegate in the Autonomous Communities of the Autonomous Communities or the Commissioner General of Foreign Affairs and Documentation will have their registration in a special section of the Foreign Registry and will provide you with a registration in a printed document, which must be renewed annually and the characteristics of which are shall determine by the Ministry of the Interior. The Directorate-General of the Police shall issue certifications or reports on the extremes appearing in that special section for submission to any other Spanish authority.

10. The foreign national to whom the registration card has been granted may apply for a residence permit for exceptional circumstances if the requirements are met. Such an application may be submitted and settled simultaneously with the application for an entry card.

11. In the event of refusal of the application, once the document is formally notified, it will be returned to the country of origin or its expulsion from the Spanish territory, in the form provided for in the Organic Law 4/2000, of January 11, and in this Regulation.

12. The registration card will be valid without the need for an express resolution, when the foreigner is documented by a country or acquires Spanish nationality or other nationality.

Article 108. Travel title for departure from Spain.

1. To foreigners who are in Spain who credit an exceptional need to leave the Spanish territory and cannot provide their own passport, because they are in one of the cases expressed in Article 34.2 of the Organic Law 4/2000, of 11 January, once the formalities regulated in the previous article have been carried out, the Directorate-General of the Police will be able to issue a travel title to the countries specified, providing for the return to Spain, unless the the purpose of the travel title is exclusively to enable the applicant to return to the country of nationality or residence of the latter; in such case, the document shall not contain authorization to return to Spain.

2. The travel title shall consist of the maximum duration and the limitations to be determined for each individual case for use.

3. The travel title shall be issued in accordance with the model to be determined by the order of the Minister of the Interior.

CHAPTER IV

Foreign Central Registry

Article 109. Foreign Central Register.

1. There shall be a Central Register of Foreigners in the Directorate-General of the Police, which shall be recorded:

a) Declaration of entry.

b) Travel documents.

c) Extensions of stay.

d) Enrollment data.

e) Input and Stay Authorizations.

f) Stay-by-study authorization.

g) Residence entitlements.

h) Authorizations to work with.

i) Intakes for asylum processing, concessions and refusals.

j) Concessions and denials of stateless and displaced status.

k) Changes of nationality, domicile or marital status.

l) Limitations of stay.

m) Precautionary measures taken, administrative offences committed and sanctions imposed in the framework of the Organic Law 4/2000 of 11 January, and of this Regulation.

n) Denegations and prohibitions of entry into the national territory and their motives.

n) Returns.

o) Exit bans.

p) Administrative or judicial expulsions.

q) Mandatory outputs.

r) Return entitlements.

s) Foreign identity number certificates.

t) Return of seasonal workers.

u) Invitation letters.

v) Any other resolution or action that may be taken in application of this Slow Regulation.

2. The information contained in the register shall be made available to the Secretariat of State for Immigration and Emigration and the organs of public administrations for the exercise of their powers in the field of immigration, as well as of the In accordance with the provisions of the Organic Law 15/1999 of 13 December, the Protection of Personal Data in Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Procedure Common Administrative, and in its implementing rules.

3. The bodies which adopt the decisions and grant the documents referred to in paragraph 1 shall, for the purposes of their entry into this register, account for this.

Article 110. Communication to the Central Foreign Registry of changes and changes of situation.

1. Foreigners authorised to remain in Spain shall be required to inform the Office of Foreign Office or police station corresponding to the place of residence of the changes of nationality, of habitual residence and of civil status. Such communication shall be made within a maximum of one month after the change or amendment has been proposed and shall be accompanied by the documents certifying those changes.

2. The competent bodies shall transfer the relevant changes to the Central Foreign Registry for entry.

CHAPTER V

Registration of unaccompanied foreign minors

Article 111. Registration of unaccompanied foreign minors.

1. In the Directorate-General of the Police there will be a Register of foreign minors not accompanied by the single identification effects, which will contain:

(a) Name and surname, name of the parents, place of birth, nationality, last residence in the country of provenance.

b) Your decadal printing.

c) Photograph.

d) Host Center where you reside.

e) A public body under whose protection it is located.

f) Result of the medical test of age determination, according to the medical examiner's report.

g) Any other data relevant to these identification purposes, including those that may facilitate the schooling of the child.

2. The competent services for the protection of minors referred to in Article 35 of Organic Law 4/2000 of 11 January, when they are aware that a minor is in a situation of distress, shall, as soon as possible, communicate to the the Directorate-General of the Police, through its peripheral organs, the data they know concerning the identity of the child as provided for in the previous paragraph.

TITLE XI

Violations in the field of aliens and their sanctioning regime

CHAPTER I

Common rules of the sanctioning procedure

Article 112. Applicable rules.

1. The exercise of the power of sanction by the commission of the administrative offences provided for in the Organic Law 4/2000, of 11 January, will be in accordance with the provisions of the Law 30/1992, of 26 November, of the Legal Regime of the Public administrations and the Common Administrative Procedure.

2. No penalty shall be imposed for infringements of the provisions laid down in Organic Law 4/2000 of 11 January, but under the procedure laid down for that purpose.

3. In the case of the alleged cases referred to as a minor infringement of Article 52 (c) (b), in the case of self-employed persons, and very serious of Article 54 (1) (d) of the said Organic Law 4/2000, of 11 January, the The applicable procedure shall be as provided for in Articles 148 and 149 of this Regulation.

4. In any event not provided for in this regulation, the procedure laid down in the Rules of Procedure for the exercise of the power of sanction, approved by Royal Decree 1398/1993 of 4 August, will be applied.

Article 113. Modalities of the sanctioning procedure.

The exercise of the power of sanction by the commission of the administrative infractions provided for in the Organic Law 4/2000, of January 11, will be dealt with by the ordinary, preferential and simplified procedures, as appropriate in accordance with the provisions of that organic law and in this regulation.

Article 114. Previous performances.

Prior to the initiation of the procedure, prior action may be taken to determine on a preliminary basis whether circumstances warrant such initiation. In particular, these actions shall be aimed at determining, as precisely as possible, the facts which may be used to encourage the opening of the procedure, the identification of the person or persons who may be responsible and the relevant circumstances that are present in each other.

Article 115. Initiation of the sanctioning procedure. Competence.

1. The procedure shall be initiated on its own initiative by the competent body, either on its own initiative or as a result of a higher order, on a reasoned request from other bodies or by complaint.

2. They shall be competent to order the opening of the sanctioning procedure by the Government Delegates in the uniprovincial autonomous communities, the Government Subdelegates, the General Commissioner for Foreign Affairs and Documentation, the Chief of Staff of the Police, Provincial Commissioners and local police and border post office holders.

Article 116. Instructor and secretary.

In the agreement to initiate the procedure, an instructor and a secretary shall be appointed, who shall be officials of the National Police Corps, without prejudice to the possibility of such appointments to other officials of the Aliens ' offices in the case of sanctioning procedures that are dealt with by minor infractions and serious violations of paragraphs e) and h) of Article 53 of Organic Law 4/2000, of January 11.

Article 117. Collaboration against organized networks.

1. Where a sanctioning dossier and the issued foreign document are in progress, the instructor shall, before making the final proposal to the competent body, if he is aware of the possible concurrence of circumstances of collaboration. The Court of Justice, in particular those provided for in Article 59 of the Organic Law 4/2000 of 11 January 2000, may propose the exemption of liability and the non-expulsion of persons referred to in the Article, in consideration of their cooperation or cooperation with the authorities or their agents, providing essential data or stating in the processes, as a victim, injured or witness, or by reporting to the competent authorities the perpetrators and cooperators of the illicit trafficking in human beings referred to in Article 59.

If a decision is made to declare the issued exempt from administrative responsibility, the competent governmental authority may grant, at the choice of the foreign national, and to facilitate its social integration, authorisation of temporary residence for exceptional circumstances in accordance with Article 31 of the Organic Law 4/2000 of 11 January, as well as authorisation to work, or to facilitate the return to his country of provenance. The granting of such documentation may be revoked if the holder, for the duration of the proceedings in which he is a victim, injured or witness, ceases to cooperate or cooperate with the law enforcement or judicial authorities.

2. During the period of cooperation or cooperation, the appropriate competent administration shall provide the necessary legal and social care abroad, without prejudice to the protective measures which the investigating judge may agree on established in Organic Law 19/1994, of 23 December, of protection for witnesses and experts in criminal cases.

3. 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 bring it to the attention of the governmental authority for the purpose of assessing the inexecution of his expulsion for the necessary time. If he has already been expelled, the effect of authorising his return to Spain will be the same for the time necessary to be able to take the necessary steps, all without prejudice to the adoption of any of the measures provided for in the Organic Law 19/1994 of 23 December on the protection of witnesses and experts in criminal cases.

Article 118. The seizure.

1. Pursuant to Article 55.5 of the Organic Law 4/2000 of 11 January, in the cases of infringement of paragraph (b) of Article 54.1 of that Law, vessels, aircraft and all goods shall be seized. furniture or buildings, of whatever nature they may be, have served as a tool for the commission of the said infringement.

2. In order to ensure the effectiveness of the procedure, the officials of the authority may, from the first investigations carried out, carry out the apprehension and make available to the competent authority the goods, effects and instruments to which they are refers to the previous paragraph, and will be at the expense of the sanctioning file, in which the relevant in relation to them will be resolved.

3. Goods, effects and instruments definitively seized by a firm administrative or judicial decision shall be awarded to the State, in accordance with the terms of Law 33/2003 of 4 November of the Heritage of Public Administrations.

4. The judicial authority may agree that, with due guarantees for its conservation and as long as the procedure is substantiated, the goods, objects or instruments of lawful trade may be used provisionally by the foreign exchange units. in the fight against illegal immigration.

Article 119. Resolution.

1. The Government Delegates in the uniprovincial autonomous communities and the Government Subdelegates will dictate a reasoned resolution confirming, modifying or leaving the sanction proposal without effect, and will decide on all the issues raised by the interested and those other derivatives of the procedure.

2. The decision may not take into account facts other than those determined at the stage of the procedure, without prejudice to its different legal assessment.

3. In order to determine the penalty imposed, in addition to the graduation criteria referred to in Article 55 (3) and (4) of the Organic Law 4/2000 of 11 January, the circumstances will also be assessed in the light of Article 57 of the of the personal and family situation of the offender.

Article 120. Enforcement of sanctions resolutions.

1. The implementation of the sanction resolutions shall be carried out in accordance with the provisions of Chapter III of this Title, without prejudice to the particularities laid down for the preferential procedure.

2. The resolution shall, where appropriate, take the necessary precautionary measures to ensure that they are not enforceable. Those provisions may consist in the maintenance of the provisional measures which, where appropriate, would have been adopted in accordance with Article 61 of the Organic Law 4/2000 of 11 January 2000.

3. The administrative penalties shall be used in accordance with the provisions of the laws. Its performance regime shall be that provided for in general.

4. In any event, where the foreigner is not in Spain, he may be able to take the resources, both administrative and judicial, through the corresponding diplomatic or consular representations, which shall be sent to the competent body.

Article 121. Expiration and prescription.

1. The maximum period within which the decision to resolve the procedure is to be delivered and notified shall be six months after its initiation has been agreed, without prejudice to the provisions of the simplified procedure in Article 135.

Elapsed without having resolved and notified the expressed resolution, the expiration of the procedure shall be produced and the file of the actions shall be carried out, at the request of any interested or of its own office the body responsible for issuing the decision, except in cases where the proceedings have been brought to a standstill because of an imputable cause to the persons concerned, or in cases where their suspension has been agreed.

2. The action to punish the offences provided for in the Organic Law 4/2000 of 11 January prescribes at three years if the offence was very serious; at two years if it were serious, and at six months if it were minor, counted from the day on which the facts have been committed.

The prescription is interrupted by any performance of the Administration of which the reported person is aware.

The limitation period shall be resumed if the procedure has been brought to a standstill for more than one month for reasons not attributable to the issue.

3. The limitation period for the penalty shall be five years if the penalty imposed is for a very serious infringement; two years if it was for a serious infringement, and one year for a minor offence.

If the sanction imposed is the expulsion of the national territory, the prescription will not begin to count until the period of prohibition of entry fixed in the resolution has elapsed. That period may not exceed a maximum of 10 years.

The limitation period for the penalty shall begin to be counted from the day following the day on which the decision imposing the sanction is final.

4. The prescription, both of the infringement and of the sanction, will be applied on its own initiative by the competent bodies in the various stages of processing the file.

5. Both the prescription and the expiry shall require a decision in which that circumstance is referred to as the cause of termination of the procedure, with an indication of the facts produced and the applicable rules, as laid down in Article 42.1 of the Law 30/1992, of 26 November.

CHAPTER II

Penalty procedure handling modes

Section 1. The Ordinary Procedure

Article 122. Assumptions in which the ordinary procedure is applicable.

Where the alleged infringement is one of those provided for in Articles 53 or 54, or the conduct referred to in Article 57 (2) of the Organic Law 4/2000 of 11 January, the procedure shall be the ordinary procedure, except in the cases specified in Article 130, which shall be processed by the preferential procedure.

Article 123. Initiation of the ordinary procedure.

1. Except in the cases described as a serious infringement of Article 53,b), in the case of self-employed persons, or very serious of Article 54,1 (d) of the Organic Law 4/2000 of 11 January, in which the provisions of Article 54 (1) (d) of the Treaty are to be Article 55.2, the initiation agreement of the procedure shall be formalised with the following minimum content:

a) Identification of the person or persons allegedly responsible.

(b) The facts which are succinctly set out in the opening of the proceedings, their possible qualification and the penalties which may be imposed, without prejudice to the result of the instruction.

(c) Instructor and, where appropriate, the Registrar of the procedure, with an express indication of the system of recusal of such.

(d) Authority competent for the resolution of the file and rule that gives it such competence,

e) Indication of the possibility that the suspected person may voluntarily acknowledge his or her responsibility.

(f) Measures of a provisional nature which have been agreed by the competent authority to initiate the sanctioning procedure, without prejudice to those which may be adopted during the procedure in accordance with Articles 55 and 61 of the Law Organic 4/2000, dated January 11.

g) Indication of the right to make allegations and to the hearing in the proceedings and the time limits for their exercise.

2. The initiation agreement shall be communicated to the instructor, with the transfer of any such action, and shall be notified to the persons concerned, in any case understood by the instructor.

In the notification, the parties concerned shall be advised that, if they do not make representations about the content of the initiation of the procedure within the time limit laid down in the following Article, the initiation may be considered as a proposal for a a decision when it contains an accurate statement of the liability, with the effects provided for in Articles 127 and 128.

Article 124. Actions and allegations in the ordinary procedure.

1. Without prejudice to the provisions of the foregoing Article, the parties concerned shall have a period of 15 days in which to submit any allegations, documents or information deemed appropriate and, where appropriate, to propose the evidence and to specify the means of intended to be valid.

2. In the case of the notification referred to in the preceding paragraph, the instructor of the proceedings shall make as many actions as are necessary for the examination of the facts, and shall obtain the information and information relevant to the to determine, where appropriate, the existence of liability liable to sanction.

3. If, as a result of the instruction in the proceedings, the initial determination of the facts, their possible qualification, the taxable penalties or the responsibilities liable to be imposed is amended, all this shall be notified to the issued in the motion for a resolution.

Article 125. Test in the ordinary procedure.

1. If the claims are received or the time limit set out in the previous Article, the instructor may agree to open a trial period, for a period not exceeding 30 days and not less than 10 days.

2. In the agreement, which shall be notified to the parties concerned, the practice of those tests which, where appropriate, those tests would have been proposed, may be rejected in a reasoned manner where the facts are considered to be inappropriate.

3. The practice of the evidence which the instructor considers to be relevant, such as those other than the documents which the interested parties may provide at any time during the procedure, shall be carried out in accordance with the procedure laid down in Article 1 (2). with the provisions of Article 81 of Law 30/1992 of 26 November.

4. Where the evidence consists in the issuance of a report of an administrative body or public entity and is admitted to the proceedings, the latter shall have the effects provided for in Article 83 of that Law No 30/1992 of 26 November.

5. Where the assessment of the tests carried out may constitute the basic basis for the decision to be taken in the procedure, as a necessary part of the assessment of the facts, it shall be included in the motion for a resolution.

Article 126. Collaboration of other public administrations in the ordinary procedure.

The instructor body shall collect from the administrative bodies and offices belonging to any of the public administrations the information necessary for the effective exercise of its own powers, including, the request for the necessary information to the Central Register of Penados and Rebels.

Article 127. Motion for a resolution in the ordinary procedure.

Where appropriate, the test shall be completed by the procedure's instructor, in the form of the motion for a resolution, in which the facts shall be based on a reasoned statement, specifying those deemed to be proven and their exact qualification. The Court of First Instance shall, in accordance with Article 1 (1) of Regulation (EU) no. 1/EU of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council, the body responsible for initiating the procedure or by its instructor, or the proposal shall be declaration of non-infringement or liability.

Article 128. Processing of hearing in the ordinary procedure.

1. The motion for a resolution shall be notified to the parties concerned. The notification shall be accompanied by a list of the documents in the proceedings to enable the parties concerned to obtain copies of the documents they deem appropriate, and shall be granted a period of 15 days to make representations and to submit the documents and information deemed relevant to the instructor of the procedure.

2. Except in the case provided for in the final paragraph of Article 123.2, proceedings may be waived where the proceedings are not included in the proceedings and other facts or other allegations and evidence which the adduced, where appropriate, are not taken into account. by the person concerned, in accordance with the provisions of Article 124.1.

3. The motion for a resolution shall be sent immediately to the body responsible for resolving the proceedings, together with all the documents, allegations and information in that body.

Article 129. Resolution of the ordinary procedure.

1. Before the decision is taken, the body responsible for resolving may decide, by means of a reasoned agreement, to carry out the necessary additional measures to resolve the procedure.

The agreement to carry out additional actions will be notified to the interested parties, who will be granted a period of seven days in order to formulate the arguments they have for the relevant ones. Complementary actions shall be carried out within a period not exceeding 15 days. The time limit for resolving the procedure shall be suspended until the completion of the accompanying measures. The reports preceding the final decision of the procedure shall not be taken into account by any additional action.

2. The competent body shall give a decision which shall be reasoned and shall decide on all the questions raised by the parties concerned and those arising from the proceedings.

The resolution shall be adopted within 10 days of receipt of the motion for a resolution and the documents, allegations and information in the proceedings, except as provided for in paragraphs 1 and 3.

3. The decision may not accept facts other than those determined in the course of the procedure, except where appropriate, where appropriate, the application of the provisions of paragraph 1, irrespective of the different assessment of the procedure. legal. However, where the body responsible for resolving the case considers that the infringement is more serious than that determined in the motion for a resolution, the person concerned shall be notified of any such claims as to the extent to which he or she considers appropriate. The effect shall be granted within 15 days.

4. The decisions of the sanctioning procedures, in addition to containing the elements provided for in Article 89.3 of Law No 30/1992 of 26 November 1992, shall include the assessment of the tests carried out and, in particular, those which constitute the basic principles of the decision, shall determine the facts and, where appropriate, the person or persons responsible, the offence or offences committed and the sanction or penalties imposed, or the declaration of non-infringement or responsibility.

5. The decisions shall be notified to the person concerned and if the procedure has been initiated as a result of a higher order, the decision shall be transferred to the administrative body responsible for the decision.

Section 2. The Preferred Procedure

Article 130. Assumptions in which the preferred procedure is appropriate.

The processing of the expulsion files shall be carried out by the preferential procedure where the alleged infringement is one of the ones provided for in paragraphs (a) and (b) of Article 54.1, as well as in paragraphs (a), (d) and (f) of the Article 53 of the Organic Law 4/2000 of 11 January.

Article 131. Initiation and processing of the preferred procedure.

1. Where the investigation is given the opportunity to decide on expulsion, the person concerned shall be moved from the written initiation agreement to the person concerned, in order to take whatever he considers appropriate, within 48 hours, and shall be advised to not to make representations by itself or by its representative on the content of the proposal, or if the initiation agreement of the dossier is not, in a reasoned or reasoned manner, to be considered as a proposal for a resolution.

2. In these cases, the foreigner will have the right to the legal assistance that will 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 case of media economic.

3. In the notification of the initiation agreement, the person concerned shall be advised that, if he does not make representations about the content of the agreement within the time limit laid down in paragraph 1, that agreement shall be considered as a motion for a resolution with the file to the competent authority to resolve.

4. If the person concerned or his/her representative formulates claims and shall make a test proposal within the prescribed time limit, the instructor shall assess whether or not it is relevant.

If the proposed evidence is not accepted, due to improper or unnecessary, you will be notified to the interested party in a reasoned manner and will be given a hearing, as provided for in the following paragraph. In this case, the initiation agreement of the file, without changing the rating of the facts, will be considered as a motion for a resolution with referral to the competent authority to resolve.

To be estimated by the instructor the relevance of the proposed test, the test shall be carried out within the maximum period of three days.

Practiced the test, if any, the instructor will formulate a motion for a resolution that will be notified to the interested party, and will give him a hearing procedure in which he will be granted a period of 48 hours to formulate arguments and to present the documents which it considers relevant. After that period, the motion for a resolution, together with the administrative file, shall be raised to the competent authority to resolve.

5. As long as the file is processed, the instructor may ask the competent instruction judge to arrange for the foreign entry to be issued to an international detention center. The request for detention shall be reasoned.

The period of detention shall be maintained for the time required for the purposes of the file, and shall not exceed in any case of 40 days.

The court decision authorizing it, taking into account the circumstances in each case, may establish a maximum period of duration of the detention lower than that cited.

No new internment may be agreed for any of the causes provided for in the same file.

6. When the instructor requests the detention and the judicial authority refuses to do so, the instructor, in order to ensure the effectiveness of the final resolution that may fall, may adopt some or some of the following precautionary measures:

(a) Withdrawal of the passport or certificate of his nationality, upon delivery to the person of receipt of such a measure.

(b) A periodic submission to the instructor of the file or to another authority determined by the file on the days that, in the light of the personal, family or social circumstances of the issue, is deemed advisable.

c) Mandatory residence instead.

Article 132. The resolution in the preferential procedure. Enforceability.

1. The resolution, in the light of the preferential and summary nature of the procedure, will be immediately handed down, must be reasoned and will resolve all the questions raised in the file, and will not be able to accept facts other than those specified in the the course of the procedure, irrespective of its different legal assessment, which shall be notified to the data subject.

2. The execution of the order for expulsion from these proceedings, once notified to the person concerned, shall be carried out immediately.

If the judicial authority has not been released by the judicial authority within the 40-day period referred to in Article 131 (6), the judicial authority itself shall be interested in the cessation of detention for be able to carry out the driving to the exit post.

3. The derogation from the application of the general system of enforceability of administrative acts, in the case of a decision terminating the expulsion procedure on a preferential basis, as laid down in Article 21.2 of the Organic Law 4/2000, 11 January, shall not exclude the right of appeal by the legitimate to exercise it, without prejudice to the immediacy of the expulsion and the impropriety of administratively declaring suspensory effect against it. In addition to the statement of reasons for the decision, the decision shall state the resources to which it comes, the body to which they must be submitted and the time limit for bringing them together.

Article 133. Communications in the preferred procedure.

The opening of the file, the precautionary detention and detention measures and the expulsion order shall be communicated to the embassy or consulate of the country of the foreign country and shall be recorded in the Central Register Foreign Ministry of Foreign Affairs of the Directorate General of the Police. This communication shall be addressed to the Ministry of Foreign Affairs and Cooperation when it has not been possible to notify the consulate or the consulate in Spain.

Article 134. Concurrency of procedures.

If during the processing of the file followed by the preferential procedure and because of the cause provided for in paragraph (a) of Article 53 of the Organic Law 4/2000, of January 11, the foreign issued will prove to have been prior to his initiation, the authorisation of temporary residence for exceptional circumstances in accordance with the provisions of Articles 31.3 of the said Organic Law and 45 of this Regulation, the instructor shall seek to report of the competent authority on the state of processing of that application. If the person concerned does not meet, in accordance with this report, the requirements for obtaining the residence permit, the instructor shall decide on the continuation of the expulsion file and, if not, proceed with his/her file. If the file is to be understood and after agreement has been given to the effect, it will continue with the procedures of the ordinary procedure laid down in this regulation.

Section 3. The simplified procedure

Article 135. Assumptions and initiation of the simplified procedure.

This procedure will be dealt with when the reported facts are qualified as a minor offence provided for in one of the cases referred to in Article 52 of the Organic Law 4/2000 of 11 January.

This procedure shall be initiated on its own initiative, by agreement given to the effect by one of the competent bodies established in Article 115.2 of this Regulation, or by denunciation made by the agents of the National Body of Police shall, except where the offence imputed is that laid down in paragraph (c) of that Article 52, where the provisions of Article 55.2 of the said Organic Law 4/2000 of 11 January 2000 are to be observed.

This simplified procedure should be resolved within a maximum of two months since it was started.

Article 136. Simplified procedure.

1. The competent body, when issuing the initiation agreement, shall specify in this the simplified nature of the procedure. Such an agreement shall be communicated to the instructor and shall be notified to the parties concerned.

Within 10 days of the communication and notification of the initiation agreement, the instructor and the interested parties shall, respectively, carry out the relevant actions, the contribution of any allegations, documents or information deemed appropriate and, where appropriate, the test proposal and practice.

After that period, the instructor shall formulate a motion for a resolution setting out in a reasoned manner the facts, specifying those deemed to be proven and the exact legal status of the instructor, with determination of the infringement, of the person or persons responsible, and the proposed sanction, as well as the provisional measures taken, or the declaration of non-infringement or liability shall be proposed.

If the investigating body appreciates that the facts may be a serious or very serious infringement, it shall agree to continue the file for the purposes of the ordinary procedure of this Regulation and shall notify the interested in making claims within five days if they consider it appropriate.

2. The initiation of a complaint by officials of the National Police Corps shall comply with the following rules:

(a) The complaints made by officials of the National Police Corps will be extended by duplicate. One of them will be handed over to the accused, if possible, and the other will be forwarded to the relevant body with competence to agree to the initiation of the procedure. Such complaints shall be signed by the official and the defendant, without the latter's signature being in accordance with the facts of the complaint, but only the receipt of the copy of the complaint. In the event that the defendant refused to sign or did not know to do so, the official shall record it.

(b) The complaints shall be notified in the act to the accused, stating the data referred to in this Article. The complaint shall state that the relevant file is opened with it and that the defendant has a period of 10 days to plead as soon as he considers it appropriate to his defence and to propose the evidence which he considers appropriate. the investigating bodies located in the police unit of the place where the offence was committed.

(c) The complaint in the police office of the Directorate-General of the Police will be received, the facts and the graduation of the fine will be qualified, the subsequent processing will be initiated or proposed by the body. instructor to the competent authority the relevant decision declaring the non-existence of an infringement in cases where the facts reported were not of the nature of the offence.

Article 137. Resolution of the simplified procedure.

Within three days of receipt of the file, the body responsible for resolving the case will decide in the form and with the effect that the fine-penalty decisions are laid down in the procedure. of this regulation.

CHAPTER III

Specific aspects in sanctioning procedures for the imposition of expulsion and fine offences

Section 1. First procedural rules for the imposition of expulsion

Article 138. Assumptions in which the removal procedure is proceeding.

Without prejudice to the provisions of Article 57.5 and 6 of Organic Law 4/2000, of January 11, when the offender is foreign and performs some or some of the behaviors classified as very serious or serious conduct of the Article 53 (a), (b), (c), (d) and (f) of this organic law may be applied instead of the fine for the expulsion of the Spanish territory. Furthermore, it will be the cause of expulsion, in or out of Spain, for a wrongful conduct that constitutes a crime punishable by a custodial sentence of more than one year in our country, except that the criminal record would have been cancelled.

Article 139. Content of the expulsion procedure initiation agreement.

In addition to the minimum content to be included in the initiation agreement as provided for in Article 123.1, the following particulars shall be expressly stated:

(a) The right of the person concerned to free legal assistance, in the event that he lacks sufficient economic resources.

(b) The right of the person concerned to assist the interpreter if he does not understand or speak the official languages used.

(c) That the expulsion agreement that may be issued shall entail the prohibition of entry into Spain for a minimum period of three years and a maximum of 10 years, which shall be extended to the territories of the States with which Spain has subscribed agreement in that regard.

Article 140. Precautionary measures in the expulsion procedure.

1. In accordance with Articles 55 and 61 of the Organic Law 4/2000 of 11 January 2000, the instructor may at any time, by means of a reasoned agreement, adopt the measures of a provisional nature which are necessary to ensure the the effectiveness of the resolution that may fall.

2. In the same way as those laid down in Article 118 of this Regulation, the instructor may maintain the apprehension of the goods, effects or instruments which have served the commission of the offence provided for in Article 54 (1) (b) of the Treaty. Organic Law 4/2000, of January 11.

Article 141. The resolution of the expulsion procedure, its effects and execution.

1. The decision terminating the proceedings shall be reasoned, with an indication of the remedies which may be brought against it, a body to which it must be submitted and the time limit for its submission, in accordance with the provisions of the Article 119.

2. The decision on expulsion shall take with it the prohibition of entry into the Spanish territory for a minimum period of three years and a maximum of 10 years. Such prohibition of entry shall be extended to the territories of the States with which Spain has concluded an agreement in that regard.

3. Likewise, the resolution shall contain, in any case, the extinction of any authorization to remain in Spain, of which the expelled foreigner was a holder, as well as the file of any procedure that would have the object of authorization to reside or work in Spain.

4. If the decision was taken in application of the infringement provided for in Article 54 (1) (b) of the Organic Law 4/2000 of 11 January, and the seizure of goods, effects or instruments which had been used for the purposes of the of the said infringement, the offence shall entail the confiscation of such goods or effects, except where it has been established that the goods in question belong to a third party in good faith not responsible for the offence which they have legally acquired.

The goods, effects and instruments definitively seized by a firm administrative or judicial decision will be awarded to the State, in the terms established by Law 33/2003, of 3 November, of the Public Administrations.

5. If the decision is taken in application of the infringement provided for in Article 54 (1) (d) of Law No 4/2000 of 11 January 2000, and without prejudice to the expulsion agreed upon, it may contain a statement of reasons for the closure of the establishment or local from six months to five years.

6. Orders for expulsion from the national territory which are issued in preferential processing procedures shall be executed immediately in accordance with the specific rules laid down in this Regulation and in the Organic Law 4/2000 of 11 September 2000. January.

7. Orders for expulsion from the national territory which are issued in procedures other than preferential treatment shall contain the period in which the foreign national will be obliged to leave the national territory, which may in no case be less than Seventy-two hours.

After that period without having left the foreign territory the national territory, the law enforcement officials responsible for foreign nationals shall proceed to their detention and conduct to the place of departure for which they are to the expulsion is effective. If the expulsion cannot be carried out within seventy-two hours from the time of the arrest, the instructor or the person responsible for the foreign unit of the National Police Corps at which the detainee is present may request the judicial authority of the foreign income in the detention centres established for this purpose. The period of detention shall be maintained for the time required to carry out the expulsion, which shall in no case be extended beyond 40 days, or until the failure to implement it within that period has been established. A new internment may not be agreed on the basis of the same expulsion file.

8. The execution of the expulsion order shall be carried out at the expense of the foreign country if it has economic means. Otherwise, the diplomatic or consular representative of his country shall be notified of such circumstances, for the appropriate purposes.

In case the foreigner has an economic means and assumed the cost of the repatriation on a voluntary basis, the delegate or subdelegation of the government that has issued the resolution may agree to replace it with the mandatory exit, either on its own initiative or at the request of a party, if the following conditions are met:

(a) That the infringement that has motivated the expulsion order is that contained in Article 53.a) of the Organic Law 4/2000, of January 11.

(b) That there are sufficient guarantees or that the timely mandatory exit provided for in Article 28.3.c) of the organic law can be verified; and

(c) That the alien is, by his nationality, subject to the visa requirement to cross the external borders in application of a common visa arrangement, of an international nature, in which Spain is a party.

9. If the foreigner makes a request for asylum, the execution of the expulsion order shall be suspended until it has been admitted to the process or resolved, in accordance with the provisions of the asylum rules.

The execution of expulsion in the cases of pregnant women will be suspended when it poses a risk to the pregnancy or to the life or physical integrity of the mother.

Article 142. Foreigners prosecuted or indicted in proceedings for crimes or misconduct.

In accordance with the provisions of Article 57.7 of the Organic Law 4/2000 of January 11, when the foreigner is prosecuted or indicted in a court proceeding for a crime or lack for which the law provides for a penalty (a) the law of the Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Union interested parties and parties, authorise, as soon as possible and in any case not more than three days, their expulsion, unless, in a reasoned manner, they appreciate the existence of exceptional circumstances justifying their refusal.

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

For the purposes of this article, it shall be deemed to be established in the administrative file of expulsion the existence of criminal proceedings against the expedientate, when it is the interested party who is it has been documented, or where there has been judicial or judicial communication to law enforcement agencies.

Article 143. Communications in the eject procedure.

The expulsion order will be communicated to the embassy or consulate of the country abroad, as well as to the Secretary of State for Immigration and Emigration, and noted in the Central Foreign Registry of the Directorate General of the Police. This communication shall be addressed to the Ministry of Foreign Affairs and Cooperation when it has not been possible to notify the consulate of the country of foreign or non-foreign country.

Section 2. First procedural rules for the imposition of fines

Article 144. Cases of application of the procedure for imposing fine penalties.

The procedural rules set out in this section shall apply where the offender, whatever his nationality, carries out any of the conduct classified as serious or very serious as provided for in Articles 53 and 54 of the Organic Law 4/2000 of 11 January, without prejudice to the assumptions in which expulsion may be imposed in accordance with the provisions of this Title.

In the case of a commission of conduct typified as mild, the provisions for the simplified procedure will apply.

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

Article 145. Content of the initiation agreement of the procedure for imposing fine penalties.

The minimum content of the initiation agreement of the procedure for the imposition of penalty of fine shall be in accordance with the provisions of Article 123.

Other procedural procedures, except as provided for in the following Articles, shall be those laid down for the ordinary procedure contained in Section 1 of Chapter II of this Title.

Article 146. Precautionary measures in the procedure for imposing fine penalties.

1. In the same terms as those laid down in Article 118 of this Regulation, the apprehension of the goods, effects or instruments which have been used for the commission of the infringement provided for in Article 54.1.b of the Law may be carried out. Organic 4/2000, dated January 11.

2. Where a criminal case is followed for one of the offences referred to in Article 54 (2) (b) and (c) of the Organic Law 4/2000 of 11 January, and the carriers infringe the obligation to take charge of the illegally transported alien, the gubernative authority may agree on any of the following measures:

(a) Temporary suspension of its activities, which may not exceed a period of six months.

b) Bail or endorsements, in consideration of the number of affected and the injury caused.

(c) Mobilization of the means of transport used up to compliance with this obligation.

Article 147. Resolution of the procedure for imposing fine penalties. Effects and enforceability.

1. The decision terminating the proceedings shall be reasoned, with an indication of the remedies which may be brought against it, the body before which it is to be lodged and the time limit for its submission, and shall comply with the provisions of the Article 119.

2. If the decision was taken in application of the infringement provided for in Article 54 (1) (b) of the Organic Law 4/2000 of 11 January, and the seizure of goods, effects or instruments which had been used for the purposes of the of the said infringement, the offence shall entail the confiscation of such goods or effects, except where it has been established that the goods in question belong to a third party in good faith not responsible for the offence which they have legally acquired.

The goods, effects and instruments definitively seized by resolution shall be awarded to the State, in the terms established by Law 33/2003 of 3 November of the Heritage of Public Administrations.

3. If the decision is taken in application of the infringement provided for in Article 54 (1) (d) of the Organic Law 4/2000 of 11 January, and without prejudice to the penalty of an agreed fine, it may contain a statement of reasons for the closure of the establishment or local from six months to five years.

4. The administrative decisions imposing fines imposed pursuant to the Organic Law 4/2000 of 11 January 2000 shall be immediately enforceable once they have acquired firmness on an administrative basis, unless the agree to suspend it.

5. The fines shall be made effective for the collection bodies of the managing authority, either directly or through deposit institutions, within 15 working days following the date of their determination on an administrative basis.

Due to the time limit of entry set out in the previous paragraph without the fine being satisfied, the levy will be carried out by the award procedure. For this purpose, the certificate of discovery issued by the competent authority of the management administration shall be enforceable.

The organs and procedures of the executive collection shall be those laid down in the General Rules of Collection and other implementing rules.

The acts of management collected in the way of a prize given by the organs of the General Administration of the State in respect of the penalties of fines imposed in application of the Organic Law 4/2000, of January 11, will be Challenges in the economic-administrative path.

CHAPTER IV

Violations and sanctions in the social order and labor surveillance

Article 148. Labour surveillance.

The inspection in the field of foreign work will be carried out through the Inspection of Labor and Social Security, which develops the functions and competences assigned to it in its specific regulations, in accordance with the provided for in Law 42/1997, of 14 November, the payer of the Labour and Social Security Inspectorate, and its implementing rules.

Article 149. Violations and sanctions in the social order.

1. The offences referred to in Articles 52 (c), (b), (b), (c), (c) and (d) of the Organic Law 4/2000 of 11 January 2000 shall be sanctioned in accordance with the procedure for the imposition of penalties for violations of social order, and by the provisions of this article.

2. Penalties for infringements referred to in the preceding paragraph may be imposed in the minimum, medium and maximum grades, taking into account the criteria set out below and applying the principle of proportionality.

3. In the form and in accordance with the rates laid down in the Organic Law 4/2000 of 11 January, the penalties shall be graded in the form of attention to the degree of guilt of the offender, damage or risk arising from the infringement. and transcendence of this.

4. Infringements shall be punished:

(a) The slight, in its minimum degree, with a fine of 30 to 60 euros; in its middle grade, from 60 to 150 euros, and to its maximum degree, from 150 to 300 euros.

(b) The serious ones, to their minimum degree, with a fine of 301 to 1,200 euros; in their average grade, from 1,201 to 3,000 euros, and to their maximum degree, from 3,001 to 6,000 euros.

(c) The very serious, to its minimum degree, with a fine of 6,001 to 12,000 euros; in its average grade, from 12,001 to 30,000 euros, and to its maximum degree, from 30,001 to 60,000 euros.

5. The organisation of the processing of the sanctioning files shall be the responsibility of the Head of the Labour Inspectorate and the Social Security Inspectorate responsible for the territory.

The initiation, content of the minutes, notification and arguments shall be in accordance with the provisions of the General Rules on Procedures for the imposition of Sanctions for Infringements Of Social Order and for Cases Social Security quotas, approved by Royal Decree 928/1998 of 14 May.

In the cases of infringement provided for in Article (b) (b), in the case of self-employed persons, and of Article 54 (1) (d), where the infringing employer is a foreigner, of the Organic Law 4/2000 of 11 January, in the minutes the infringement shall be expressly stated that, pursuant to Article 57 of the said organic law, the competent body to resolve may apply the expulsion of Spanish territory instead of the fine.

6. The proceedings for the infringement of aliens shall be notified by the competent Labour and Social Security Inspectors, the subject or the persons responsible, in which it shall be stated that they may be made claims against them within the time limit. 15 days.

7. If no written submissions are made, the procedure shall continue until the decision is taken.

8. If allegations are made, in the light of them, the Head of the Labour and Social Security Inspectorate may request the extension report from the inspector or sub-inspector who performed the minutes; the report shall be issued within 15 days. The said report shall be required if the allegations are made or circumstances other than those recorded in the report, the fact that the factual account is insufficient or the cause of the case is insufficient.

9. Having instructed the file, the Head of the Inspection of Labour and Social Security responsible for the territory shall raise it, with the motion for a resolution, to the Delegate or Subdelegate of the Government competent to resolve, in accordance with the established in Article 55.2 of the Organic Law 4/2000 of 11 January.

In the motion for a resolution, the proven facts, their legal status and the amount of the sanction proposed to be imposed and, in the event of the infringement, including the sanction, will be determined in a reasoned manner. Article 55.6 of the Organic Law 4/2000, of 11 January, will also make a proposal for a resolution on that.

10. The body responsible for resolving, prior to the proceedings it considers necessary, shall decide within 10 days of the completion of the processing of the file in accordance with the provisions of the sanctioning by the regulatory regulation of the procedure for the imposition of penalties for infringements of social order, and for the settlement of Social Security quotas, approved by Royal Decree 928/1998 of 14 May.

In the event that the competent body to resolve decides to apply the sanction of expulsion from the Spanish territory, instead of the penalty of fine, it will dictate expulsion resolution, which will have the requirements and effects established in the Article 141.

11. Sanctioning resolutions issued by the Government's Subdelegates or Government Delegates in the Autonomous Communities in relation to these types of infringements shall be subject to the common system of resources provided for in this Regulation. Regulation.

12. As not provided for in the special procedure, which is governed by Royal Decree 928/1998 of 14 May 1998, the common procedure shall be governed by the provisions of the seventh additional provision of Law No 30/1992 of 26 November 1992. Legal of Public Administrations and of the Common Administrative Procedure.

CHAPTER V

Violations, Sanctions and Obligation of Their Interorganic Communication

Article 150. Other violations and penalties.

Foreigners who fail to perform duties, obligations and charges imposed by the general legal system will be punished according to the legislation specifically applicable in each case.

Article 151. Interorgan communication of violations.

1. The Directorate-General for Immigration, the Labour and Social Security Inspectorate and the Provincial Labour and Social Affairs Areas and Dependencies will give the government authority and the relevant police services of the cases. of infringements, relating to the entry and stay of foreigners in Spain, that they have knowledge in the exercise of their powers.

2. Similarly, the government authorities and the police services will communicate to the Directorate General of Immigration, the Inspection of Labor and Social Security or the Provincial Areas and Dependencies of Labor and Social Affairs the facts that are aware of and may constitute labour offences against the provisions of this Regulation. Where the expulsion has been authorised judicially, the governmental authorities and the police services shall immediately communicate the practice of expulsion or the reasons which, where appropriate, make it impossible for them to carry out the expulsion. judicial authority and the Prosecutor's Office.

3. When the Prosecutor's Office is aware that a foreigner is charged in a less serious criminal procedure and may be in any of the causes of expulsion provided for in the Organic Law 4/2000 of 11 January, without having been initiated the relevant administrative file of penalties, shall inform the governmental authority so that it is in a view to verify whether or not the removal of the removal file is appropriate for the appropriate purposes.

4. The directors of the penitentiary establishments shall notify the respective provincial police station of their demarcation, three months in advance, the release of foreign nationals who have been convicted by virtue of their sentence. The Court of Justice of the European Court of Justice of the European Court of Justice of the European Union, of the Court of Justice of the European Union, For these purposes, the personal files of the sentenced aliens shall be recorded if they have been sent an expulsion file, as well as, where appropriate, the state of processing in which they are located.

5. The Central Register of Penados and Rebels shall communicate, on its own initiative or at the request of the provincial police station, the criminal records of foreign nationals who have been convicted of a criminal offence with a penalty of more than one year of imprisonment. (a) for the purposes of the opening of the relevant expulsion file, to which it shall send a certificate of those expulsion.

Article 152. Communications of the judicial bodies to the governmental authority in relation to foreigners.

1. In accordance with the provisions of the additional 17th of the Organic Law 19/2003 of 23 December, amending the Organic Law 6/1985 of 1 July of the Judicial Branch, the judicial organs shall communicate to the authority gubernatively the finalisation of the judicial processes in which the commission of administrative infractions to the rules on foreign affairs concurs, to the effect that the administrative authorities can resume, to start or to file, if According to the cases, the administrative procedure is punishable. Similarly, they shall communicate those convictions imposed on foreigners for criminal offences punishable by a custodial sentence of more than one year, for the purposes of the opening of the relevant sanctioning file.

2. They shall also communicate the judgments in which they agree to replace the custodial sentences imposed or the security measures applicable to foreigners who are not legally resident in Spain for their expulsion from the territory of Spain. national. In such cases, the judgment in which the substitution is agreed shall provide for the execution of the custodial sentence or measure of security originally imposed until the governmental authority proceeds to materialize the expulsion. For this purpose, the government authority shall make the expulsion effective as soon as possible and, in any event, within 30 days, unless justified by reason of its failure, which shall be communicated to the judicial authority.

CHAPTER VI

Foreign internment centers

Article 153. Foreign detention centers.

1. The judge of the place where the foreigner was detained, at the request of the instructor of the procedure, of the person responsible for the foreign unit of the National Police Corps before which the detainee or the authority is present A government that, by itself or its agents, would have agreed to the arrest within 72 hours of the detention, may authorize its entry into detention centers of foreigners who do not have a penitentiary, in cases where they are refers to the following paragraph

.

2. The internment of a foreigner may only be agreed upon when any of the following cases are present:

(a) That he has been arrested for being in breach of any of the alleged expulsion of paragraphs (a) and (b) of Article 54 (1), as well as paragraphs (a), (d) and (f) of Article 53 of the Organic Law 4/2000, of 11 of January.

b) A return resolution has been issued and the return resolution cannot be executed within 72 hours, when the judicial authority so determines.

c) When a return agreement has been issued in accordance with this regulation.

(d) That the expulsion decision has been issued and the foreigner does not leave the national territory within the period that has been granted to him.

3. The entry of a foreigner into a non-penitentiary detention centre may not be extended for longer than is necessary for the practice of expulsion, return or return, and the governmental authority must carry out the steps required to obtain the necessary documentation as soon as possible.

4. The detention of a foreigner for the purposes of expulsion, return or return shall be communicated to the competent consulate, which shall be provided with information on the personality of the foreigner and the detention measure. This communication shall be addressed to the Ministry of Foreign Affairs and Cooperation when it has not been possible to notify the consulate or the consulate in Spain. If so requested by the foreigner, the detention shall be communicated to their relatives or other persons residing in Spain.

5. The maximum duration of the detention may not exceed 40 days, and the judicial authority shall be required to release the person from abroad where the practice of the detention has been established before the end of that period. Expulsion may not be carried out.

6. During his detention, the foreigner shall be at all times available to the court which authorized him, and the governmental authority shall communicate to that court any circumstances in relation to the situation of that foreign country. boarding.

7. Persons admitted to detention centres of a non-prison nature shall enjoy the rights not affected by the judicial measure for detention and, in particular, those referred to in Articles 62a and 62c of the Law. Organic 4/2000, dated January 11.

Likewise, they will be required to comply with and respect the duties and obligations arising from the condition of detention, in the terms laid down in Organic Law 4/2000 of 11 January, and its implementing rules.

8. Foreign minors may not be admitted to such centres, and must be made available to the competent services for the protection of minors, unless authorised by the judge of first instance, after a favourable report by the Ministry Prosecutor, and your parents or guardians are admitted to the same center, express their desire to stay together and there are modules that guarantee the unity and family intimacy.

Article 154. Competence.

1. The inspection, management, coordination, management and control of the centres correspond to the Ministry of the Interior and shall be exercised through the Directorate-General of the Police, without prejudice to the powers of the investigating judge to which they refer paragraphs 1 and 6 of Article 153.

2. At each foreign detention centre there shall be a director responsible for its operation, for which it shall adopt the necessary organisational guidelines, coordinate and monitor its implementation. It will also be responsible for taking the necessary measures to ensure the order and the correct coexistence among foreigners and to ensure the fulfilment of their rights, and the imposition of measures on inmates who do not respect the norms of proper co-existence or internal arrangements, which must be communicated to the judicial authority which authorised the detention.

3. The Director-General of the Police shall be responsible for appointing the Director of the Centre, prior to the report of the Government Delegate in the Autonomous Community, among officials of the public administrations of Group A, and will be functionally dependent on the General Commissioner for Foreign Affairs and Documentation.

4. The coordination of the income in the internment centres of foreigners, in order to optimize their occupation, in the attention to the family circumstances or the roots of the foreigner in Spain, corresponds to the General Commissioner of Foreign Documentation.

5. The custody and supervision of the centres will be the responsibility of the Directorate-General of the Police.

6. The provision of health care and social services to be provided in these centres may be arranged by the Ministry of the Interior with other ministries or with other public or private entities, without profit, from the programmes. legal aid provided for in the relevant budget items.

Article 155. Establishment and rules on the internal arrangements of the centres.

1. The establishment of foreign detention centres shall be established by order of the Ministry of the Interior.

2. Likewise, by order of the Minister of the Presidency, on a joint proposal of the Ministers of the Interior and Public Administrations, the technical and organizational norms that are considered necessary to establish, in development, will be established of the provisions of the Organic Law 4/2000 of 11 January, and in this Regulation, the operation and internal arrangements of the detention centres of foreigners, in particular with regard to the conditions of entry, security and safety measures other applicable type, as well as the provision of health care, social assistance and the specific training of civil servants.

TITLE XII

Return, return, and mandatory outputs

Article 156. Return.

1. The return shall be agreed upon when the alien is present at a border post enabled and is not permitted to enter the national territory for not meeting the requirements of this Regulation.

2. The return decision shall be issued as a result of the decision to refuse entry issued by the law enforcement officers responsible for the control of entry, by means of the appropriate procedure, where they are accredited, inter alia, the following formalities:

(a) The information to the person concerned of his right to legal assistance, which shall be free in the event that the person concerned lacks sufficient economic resources, as well as the assistance of interpreter, if he does not understand or speak official languages to be used, from the moment the initiation agreement of the procedure is issued.

b) The information to the data subject that the effect that the denial of entry may entail is the return.

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

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

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

Likewise, the carrier or carrier shall immediately take charge of the alien who has been denied entry and shall be aware of all expenses arising from the carriage to execute the return, which shall be made directly by that or by means of another transport undertaking with a direction to the State from which it has transported it, to the State which has issued the travel document with which it has travelled abroad or to any other State where your admission is guaranteed.

5. The arrest of the foreigner for return purposes will be communicated to the embassy or consulate of your country. This communication shall be addressed to the Ministry of Foreign Affairs and Cooperation when it has not been possible to notify the consulate or the consulate in Spain.

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

Article 157. Returns.

1. In accordance with Article 58.2 of the Organic Law 4/2000 of 11 January, an expulsion file will not be required for the return, under the order of the Deputy Government Delegate, or the Government Delegate in the uniprovincial autonomous communities, of foreigners who will be found in one of the following cases:

(a) Foreigners who after being expelled contravene the entry ban in Spain.

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

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

2. In the case of paragraph (b) of the previous paragraph, the State Security Forces and Bodies in charge of the custody of coasts and borders that have intercepted the aliens who intend to enter illegally in Spain, so that they can They shall be identified and, where appropriate, returned to them, as soon as possible, to the appropriate police station of the National Police Corps.

3. In any of the cases referred to in paragraph 1, a foreigner in respect of which proceedings are followed for the adoption of a return order shall be entitled to legal aid, which shall be free in the event that the person concerned does not have the resources (a) sufficient financial support, as well as interpreter assistance, if it does not include or speak of the official languages used.

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

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

Also, any refund agreed in application of paragraph (b) of Article 58.2 of the Organic Law 4/2000, of January 11, will carry with it the prohibition of entry into Spanish territory for a maximum period of three years.

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

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

(b) An application for asylum shall be formalised, until the admission to the application of the request has been decided, or its admission to the proceedings, which shall take the authorization of the entry and temporary stay of the applicant for asylum. compliance with the provisions of Article 4.2 of Law 5/1984 of 26 March.

Article 158. Mandatory outputs.

In cases of lack of authorisation to meet in Spain, in particular for failure to comply with or no longer complying with the requirements for entry or stay, or for the administrative refusal of requests for extensions of residence permits, residence permits or any other document necessary for the stay of foreigners in Spanish territory, as well as for the renewals of the authorizations or documents themselves, the administrative decision given to the effect will contain the warning to the person concerned of the obligation of his departure from the country, without prejudice to the fact that such a warning is also materialised by way of diligence in the passport or similar document or in a separate document, if it is found in Spain covered by an identity document in which the said document cannot be affixed diligence.

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

2. The compulsory exit must be made within the time limit set in the decision rejecting the request made, or, where appropriate, within the maximum period of 15 days from the date of notification of the decision rejecting the request, except in the case of: that exceptional circumstances are present and that sufficient means of life are justified; in such a case, the period may be extended to a maximum of 90 days. After the expiry of the period indicated without the exit being made, the provisions laid down in this Regulation shall apply for the cases referred to in Article 3 (a) (a) of the Organic Law 4/2000 of 11 January.

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

4. The cases of asylum seekers who have been admitted to processing or refusing their application pursuant to the provisions of Article 5.6 (e) of Law 5/1984 of 26 March are exempted from the compulsory exit scheme. (a) to regulate the right of asylum and refugee status, because it does not correspond to Spain's examination. Upon notification of the decision to refuse admission to proceedings or to refuse, it may be transferred, escorted by officials, to the territory of the State responsible for examining its application for asylum, without the need to initiate the expulsion, provided that such transfer takes place within the time limits in which the responsible State has an obligation to proceed with the examination of such an application.

TITLE XIII

Foreign offices and migration centers

CHAPTER I

Foreign Offices

Article 159. Creation.

1. Foreign Offices are the units that make up the different services of the General Administration of the State responsible for foreign and immigration in the provincial field, in order to guarantee the effectiveness and coordination in the administrative action.

2. The creation, deletion and modification of Foreign Offices will be carried out through the order of the Minister of the Presidency dictated on the proposal of the Ministers of Public Administration, Interior and Labour and Social Affairs.

3. After consulting the Ministries of the Interior and Public Administrations, the Secretary of State for Immigration and Emigration will promote the creation, deletion and modification of Foreign Offices, based on the special impact of the immigration in the province.

4. Foreign Offices shall be located in the capital of the provinces in which they are established.

5. The Office of Foreign Office may have delegated offices, located in the districts of the capital and in the municipalities of the province, to facilitate the administrative efforts of the persons concerned.

Article 160. Dependency.

1. The Foreign Offices will be organically dependent on the corresponding Delegation or Subdelegation of the Government, they will be in the General Secretariat and will be functionally dependent of the Ministry of Labor and Social Affairs, through the Secretary of State for Immigration and Emigration, and the Ministry of the Interior, both in the field of their respective competences.

2. Foreign Offices shall be governed by the provisions of this Regulation, as well as its rules of establishment and operation.

Article 161. Functions.

1. The Office of Foreign Office shall, at the provincial level, carry out the following tasks, as provided for in the legislation in force on foreign nationals and Community rules:

(a) The receipt of the declaration of entry, the processing of the extensions of stay, the identity card of foreigners and the cards of foreign students, residence permits, work authorizations and exceptions to the obligation to obtain work authorization, return authorizations, identification cards of foreigners and foreign student cards, as well as the issue and delivery of those.

b) The receipt of the application for registration and travel title for the departure of Spain, without prejudice to the issue and delivery of such documents, as well as the provisional identification document, to the police services of those offices.

(c) The processing of sanctioning procedures for infringements of the rules on foreign and community law. However, the returns, and the sanctioning files leading to the expulsion of the foreign offender, or to his detention and entry into a foreign detention centre, shall be carried out by the Brigades and Sections of Foreign Documentation of the Police Commissaries.

d) The processing of the administrative resources that proceed.

e) The elevation to the competent bodies and authorities of the appropriate motions for resolutions concerning the dossiers referred to in the preceding paragraphs.

f) The assignment and communication of the identity number of foreign nationals, by the police services of the Offices themselves.

g) The information, reception and processing of the asylum application and the requests for stateless status; the police services shall be responsible for issuing and delivering the relevant documentation.

h) The collection and compilation of statistical information of an administrative and demographic nature on the foreign population and on the province of the province.

2. The above functions shall be exercised under the direction of the relevant Government Delegates and Subdelegates, and without prejudice to the powers of other bodies in the case of case-resolution.

3. The delegated offices shall collaborate in the development of the functions of the relevant Foreign Office, in particular those relating to the citizen's attention, receipt of requests and letters, notification and delivery of resolutions and documents, and may exercise the powers delegated to them.

Article 162. Staff.

1. The different services responsible for processing the case of foreign nationals will be integrated into the Office of Foreign Affairs, which will act as a single management centre.

2. Staff from the services referred to in paragraph 1 which is not organically integrated in the Government Delegations, in accordance with the provisions of Law 6/1997 of 14 April of the Organization and the Functioning of the The General Administration of the State, and its implementing rules, shall be integrated into the Government Delegation or Deputy Government Subdelegation.

3. The Office of Foreign Office shall be provided with a list of posts and, where appropriate, a catalogue of the labour force for the respective integration of staff from the services referred to in paragraph 1. 1 and their corresponding jobs.

4. The Office of Foreign Office will have the staff of the Directorate General of the Police to carry out the duties assigned to it in the field of foreign affairs.

5. The Head of the Foreign Office shall be appointed and terminated by the Government Delegate, following the report of the Secretary of State for Immigration and Emigration. His appointment shall be made by the system of free designation among career officials of groups A or B of the General Administration of the State, within the limits established in the General Staff Regulations to the service of the General Administration of the State and the provision of jobs and professional promotion of civil servants of the General Administration of the State, approved by Royal Decree 364/1995 of 10 March.

CHAPTER II

Migration centers

Article 163. The public network of migration centers.

1. In order to achieve the social integration goals entrusted to it, the Ministry of Labour and Social Affairs will have a public network of migration centres, which will carry out information, attention, reception and intervention tasks. social, training and, where appropriate, referral to the foreign population. They will also be able to develop or promote awareness-raising actions related to immigration.

2. In particular, the network of migration centres may develop specific programmes aimed at foreigners who have the status of asylum seekers or stateless persons, refugees, stateless persons, beneficiaries of the protection provided Article 17 (2) of Law 5/1984 of 26 March 1984, regulating the right of asylum and refugee status, immigrants arriving in Spain under the annual quota of foreign workers, as well as foreign nationals who are in Spain situation of vulnerability or risk of social exclusion. It will be up to the Directorate-General for Integration of Immigrants to determine the programmes to be developed by the migration centres, as well as their recipients.

3. The network of migration centres will be made up of the reception centres for refugees covered by the Ministerial Order of 13 January 1989, the temporary residence centres for immigrants in Ceuta and Melilla, as well as, where appropriate, by the centres. new creation. The centres integrated into the network of migration centres will be governed by a common statute, without prejudice to the possibility for the various centres to develop programmes for certain groups, in accordance with the provisions of the Previous section.

Article 164. Legal status of migration centres.

By order of the Minister of the Presidency, on a joint proposal of the Ministers of Public and Labour Administrations and Social Affairs, urged by the Secretary of State for Immigration and Emigration, you will be able to:

a) Agreed to the establishment of new migration centres, the extension of existing migration centres or their closure.

b) Approve the statutes and rules of internal operation of migration centers.

c) Determine the benefits to be provided in them, as well as the legal status to which they are subject.

Article 165. Income in migration centers.

1. The rules of internal operation of the centres shall determine the requirements and the procedure to be followed for the entry of a foreigner into a migration centre.

2. Where a foreigner is not entitled to a stay in Spain, such entry shall be accompanied by the issue of a personal and non-transferable flyer authorising him to remain in the centre, in which he, together with the photograph from abroad their data on their affiliation, nationality, foreign identification number, if assigned, as well as the expiry date of the authorisation to stay in the centre shall be entered.

3. This authorisation to stay is without prejudice to any subsequent decisions taken by the competent authorities in relation to the administrative situation of the foreigner in Spain.

Additional disposition first. Allocation of powers in the field of reports, resolutions and sanctions.

1. Where the powers in matters of reports, resolutions and sanctions are not expressly attributed to a particular body in this Regulation, they shall be exercised by the Government's delegates in the Autonomous Community and by the Deputy Government delegates in the provinces.

2. In the case of cases in which a work activity is to be carried out in different provinces, the competence to grant the authorisations to reside and work will be the responsibility of the Government Delegate in the autonomous communities. uniprovincial or the Deputy Government of the province where the work activity is to be initiated.

3. However, it is up to the Director-General for Immigration to grant work authorisations when applications are submitted by companies seeking to recruit stable workers and who, having a variety of job centres in different provinces, have a workforce of more than 500 workers.

Equally, the Director General of Immigration shall be the competent authority to grant work authorizations to the fixed-term workers provided for in Articles 55.a) and b) when the number of posts (a) a total number of tenders exceeding a figure to be determined in the annual quota agreement or, failing that, by order of the Minister for Labour and Social Affairs. In these cases, the Directorate-General for Immigration will decide on the granting of the authorizations to the Tripartite Employment Commission.

In these cases, the jurisdiction for residence permits will be the responsibility of the Commissioner General for Foreign Affairs and Documentation of the Directorate-General of Police.

4. When circumstances of an economic, social or employment nature advise and in non-regulated cases of special relevance, on the proposal of the Secretary of State for Immigration and Emigration, prior to the report of the Secretary of State for Security, the Council of Ministers may issue instructions determining the granting of temporary residence permits and/or work, which may be linked temporarily, sectorial or territorially in terms of those terms. The instructions shall establish the form, requirements and time limits for the granting of such authorisations. In addition, the Secretary of State for Immigration and Emigration, prior to the report of the Secretary of State for Security, may grant individual authorizations of temporary residence when exceptional circumstances are not provided for in this Regulation.

5. In the exercise of the coordination powers conferred on it, the Secretary of State for Immigration and Emigration may propose to the Council of Ministers the approval of the instructions to which the action of the different ministerial departments as soon as they exercise functions related to the areas of immigration and immigration.

Additional provision second. Rules applicable to procedures.

1. In the absence of procedures in the Rules of Procedure of the Organic Law 4/2000 of 11 January, the provisions of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Procedure Common Administrative, and in its implementing rules, in particular, as regards the need to state reasons for the decisions rejecting the authorisations.

2. In accordance with the provisions laid down in the additional provisions of Law No 30/1992 of 26 November 1992, the visa procedure shall be governed by the specific rules laid down in Article 27 of the Organic Law 4/2000 of 11 January 2000. developed in this Regulation, in the rules of the European Union and in the other provisions that are dictated in compliance with the international commitments assumed by Spain, and will be applied in an additional way to Law 30/1992, of November 26.

Additional provision third. Places to submit applications.

1. In accordance with the additional provision of the Organic Law 4/2000 of 11 January, when the entitled subject is in Spanish territory, applications relating to the initial residence and work authorizations must be be submitted to the records of the competent bodies for processing.

2. Where the entitled subject is in foreign territory, the lodging of visa applications and their collection shall be made in the case of the diplomatic mission or consular post in whose demarcation it resides, with the exception of the provisions of the Additional provision of the Organic Law 4/2000 of 11 January 2000 in the visa application procedures described in this Regulation.

3. Applications for the amendment or renewal of residence and work authorisations may be submitted in any other register in accordance with Article 38.4 of Law No 30/1992 of 26 November 1992 on the legal framework of the Public administrations and the Common Administrative Procedure.

Additional provision fourth. Legitimization and representation.

1. In accordance with the additional provision of the Organic Law 4/2000 of 11 January 2000, when the entitled subject is in Spanish territory, he will have to submit personally the initial applications for the authorisation of the residence and work. In those proceedings where the entitled subject is an employer, the initial applications may be submitted by the employer or by whom he validly exercises the business legal representation.

2. When the entitled subject is in foreign territory, the submission of visa applications and their collection shall be carried out in person. Where the person concerned does not reside in the population in which the diplomatic mission or consular post is based, and reasons for the movement, such as the remoteness of the mission or office, transport difficulties making the journey, are established. particularly burdensome or substantiated reasons for sickness or fitness which significantly hamper their mobility, it may be agreed that the application for a visa may be submitted by duly accredited representative.

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

4. In addition, personal appearance in the procedures for collective hiring of workers shall not be required in the cases provided for in an international agreement or agreement; in such a case, the provisions of the agreement or agreement shall be made.

5. Applications for the modification or renewal of residence and work authorisations may be submitted in person, without prejudice to the existence of formulas for voluntary representation through legal acts or grants. specific.

Additional provision fifth. Common rules for the resolution of visas.

1. The resolution of the visas corresponds to the diplomatic missions and consular posts, without prejudice to the provisions of Articles 24 and 27.3 of the Regulation of the Organic Law 4/2000, of January 11.

2. The resolution of the visa will be in the interest of the State and the implementation of the international commitments made by the Kingdom of Spain in the matter. The visa will be used as an instrument aimed at fulfilling the aims of the foreign policy of the Kingdom of Spain and other Spanish or European Union public policies, in particular immigration policy, economic policy and national security, public health or international relations of Spain.

3. By way of derogation from this Regulation, the Ministry of Foreign Affairs and Cooperation, in order to take account of extraordinary circumstances and in the interests of the interests referred to in the preceding paragraph, may order a diplomatic or consular post issuing a certain type of visa, shall immediately inform the Secretary of State for Immigration and Emigration and request, if necessary, the granting of a residence permit.

Additional provision sixth. Procedure on visas.

1. The diplomatic mission or consular post receiving the application for a visa shall return a stamped copy of it with an indication of the date and place of receipt or send the acknowledgement of receipt to the address fixed for notification in the field of the consular demarcation.

2. The consular post and the applicant, on the basis of the technical possibilities available in the territory, may agree, leaving a brief indication of this in the file and in the copy of the application which is returned as a receipt, the address of which be in any case within the consular demarcation-and the means to carry out the requirements for the purposes of subhealing or the provision of documents or certificates required, as well as to carry out the summons to appear and the notifications of resolution.

The citations and requirements will be made through the telephone or the contact fax provided by the interested party or his legal representative, and it will be made clear that they will be carried out on the visa file.

If the summons or request made through the call to the contact telephone agreed upon would have been neglected, the citations, requirements or notifications to the address fixed for this effect will be made in writing. application, which must be located within the scope of the same consular demarcation.

Without prejudice to the provisions of the personal appearance and interview of visa applicants, the citations or requirements must be met within a maximum of ten days.

Exhausted all the possibilities of notification that are provided in this additional provision without that one can practice, whatever the cause, the notification will be made by announcement published for ten days in the corresponding board of the consular post, to which the applicant shall be informed when the application for a visa is lodged.

If the requirements or citations are neglected within the time limit, the applicant shall be held for withdrawal, and the resolution declaring the withdrawal shall be notified to the applicant for the same procedure as in the previous paragraph. The decision shall consist of the declaration of the circumstances of each case, with an indication of the facts produced and the applicable rules.

An extract from the procedure provided for in this additional provision will be collected in the application form for the interested party's knowledge.

3. The diplomatic mission or consular post at which the visa application is lodged, if it provides a cause to justify it, in addition to the documentation required, may require the reports necessary to resolve the visa application. request.

4. If the applicant, at the time of resolution, does not appear on the list of persons not eligible, the diplomatic mission or consular post shall appraise the documentation and reports incorporated to the effect together with the authorisation or authorisations where appropriate. granted, and will resolve the visa application.

5. The decision rejecting a visa shall be notified to the applicant in such a way as to ensure that the information on its content is provided by the rules which it is based on, the appeal against it, the body before which it is to be lodged and the time limit for interputting it.

6. The refusal of a residence visa for family reunification or residence and work as an employed person shall be motivated, and shall inform the person concerned of the facts and circumstances found and, where appropriate, of the testimonies received and of the documents and reports, whether mandatory or not, incorporated, which, in accordance with the applicable rules, have led to the rejection of the decision.

7. Without prejudice to the effectiveness of the decision refusing, and irrespective of whether or not the person concerned has brought an action against it, the foreigner who is aware of a prohibition of entry for inclusion in the list of persons who are not eligible may give a written request to the Secretary of State for Security of the Ministry of the Interior through the consular post, if he wishes to exercise his right of access to his data or to request his or her rectification or deletion in the Schengen information system.

8. Diplomatic missions or consular posts, within a maximum of 15 days of their dispatch, shall communicate to the Directorate-General for Immigration, through the central bodies of the Ministry of Foreign Affairs and Cooperation, the Decisions on visas which they have made, except for transit and stay for tourism.

Additional provision seventh. Health requirements, regulations and conventions.

1. The provisions of this Regulation do not preclude the validity and enforcement of the provisions of international health regulations and agreements, Articles 38 and 39 and the eighth final provision of Law 14/1986 of 25 April, General of Health in Royal Decree 1418/1986 of 13 June 1986 on the functions of the Ministry of Health and Consumer Affairs in the field of external health and the other provisions laid down for its implementation and development.

2. The General Administration of the State, for the purpose of the implementation of all health actions and tests may be derived from the application

of this Regulation, will subscribe, through the ministerial departments in each competent case, the appropriate agreements with the corresponding health services or health institutions.

Additional disposition octave. Time limits for resolution of procedures.

1. The maximum general period for notifying decisions on applications made by those concerned in the procedures covered by this Regulation shall be three months from the day following the date on which they were drawn up. entry into the register of the body responsible for processing them. Requests for authorization of residence for family reunification, seasonal work authorization and modification of work authorization are excepted, the resolutions of which shall be notified in the middle of the period specified.

2. In the case of visas, the maximum period, and not extendable, for the notification of decisions on applications shall be one month from the day following the date on which the application was lodged in the form of the Consular post competent for processing, except in the case of visas for transit, stay and non-profit residence, in which the maximum period shall be three months. In the case of a non-profit residence visa, the application of the relevant residence authorisation by the relevant Government Delegation or Subdelegation shall interrupt the calculation of the time limit until the resolution is communicated.

3. The formal obligation to inform the visa applicant of the maximum period for the notification of the decision of the procedure, the alleged suspension of the calculation of that period and the effects of the administrative silence shall be understood fulfilled by inserting an information note on such extremes in the application forms.

Additional provision ninth. Administrative silence.

After the deadline for resolving the applications, in accordance with the provisions of the previous provision, these may be deemed to be rejected, in accordance with the provisions of the first provision of the Organic Law 4/2000 of 11 January, and with the exceptions contained in that additional provision.

Additional provision 10th. Resources.

The resolutions dictated by the competent bodies of the Ministries of Foreign Affairs and Cooperation, the Interior, and Labor and Social Affairs, Government Delegates and Government Subdelegates, based on the (a) the provisions of this Regulation, concerning the granting or refusal of visas, extensions of residence or residence and work permits, as well as on governmental sanctions and expulsions of foreigners, shall bring an end to the administrative route; and the administrative or legal remedies may be brought in legal proceedings intended. Decisions on applications for the extension of residence permits, renewal and modification of work authorization and return, refusal of entry and return, which do not exhaust the administrative route, are excepted. In one and another case, the acts and administrative decisions adopted shall be enforceable in accordance with the provisions of the laws, and their system of enforceability shall be that provided for in general in the legislation in force, except as provided for in the Law. Organic 4/2000, of 11 January, for the processing of expulsion files of a preferential nature.

Additional provision eleventh. Preferential treatment.

Applications for visas and residence permits on grounds of family reunification shall have preferential treatment, for which the order for the opening of files provided for in Article 74.2 of the Law may be waived. 30/1992, dated November 26.

Additional disposition twelfth. Coverage of trusted positions.

For the purposes of Article 40 (a) of the Organic Law 4/2000 of 11 January, workers who carry out only senior management activities on behalf of the company are considered to be in the position of trust. that they are engaged, based on mutual trust, and that they legally exercise the representation of the company or have extended to their favour a general power.

The same consideration will be given to highly qualified workers who have essential knowledge for the realisation of the investment and are specialists or perform functions related to management, management and administration necessary for the establishment, development or liquidation of the said investment. These workers must have proven experience in carrying out these duties or have carried out similar jobs in the investment firm or in the group of companies in which the latter may be integrated.

Additional disposition thirteenth. Contribution to the unemployment contingency.

In the hiring of foreign nationals for work permits for cross-border workers, for activities of a given duration and for students, it shall not be listed by the unemployment contingency.

Additional disposition fourteenth. Access of minors to non-compulsory education.

Without prejudice to the provisions of Article 9.3 of the Organic Law 4/2000 of 11 January, educational administrations, in the exercise of their competences in matters of education, will be able to facilitate the access of foreigners (i) children of the age who are registered in a municipality at the levels of non-university education and to obtain the corresponding academic qualification on a level playing field which the Spaniards of their age.

Additional provision 15th. Immigration Tripartite Labor Commission.

1. The Tripartite Employment Commission of Immigration, as a collegiate body attached to the Ministry of Labour and Social Affairs, is created through the Secretariat of State for Immigration and Emigration, which will be part of the trade union organizations and more representative business of the state.

2. The Commission referred to in the previous paragraph will be informed on the evolution of migratory movements in Spain and, in any case, will be consulted on the quarterly catalogue proposal for difficult-to-cover occupations and on the proposal for an annual contingent of foreign workers, as well as on proposals for the recruitment of seasonal workers to be determined.

3. The composition, the form of designation of its members, powers and the operating system shall be specified by ministerial order.

Additional provision sixteenth. Deconcentration of the competition for the closure of posts enabled.

1. The Secretary of State for Security has the power to agree, in the cases where the security of the State or the citizens requires, the temporary closure of the border posts authorized for the passage of persons referred to in Article 3 of this Regulation.

2. The Secretary of State for Security shall communicate the measures to be taken to the Secretariat of State for Immigration and Emigration, to the departments concerned and, through the Ministry of Foreign Affairs and Cooperation, to those countries and institutions with which Spain is obliged to do so as a result of the international commitments entered into.

Additional 17th disposition. Work authorization of foreign asylum seekers.

Asylum seekers will be allowed to work in Spain after six months after the application has been submitted, provided that the application has been admitted to processing and has not been resolved by reason of imputable to the data subject. The authorisation to work shall be accredited by the entry 'authorising work' in the asylum seeker's document and, if appropriate, in its successive renewals, and shall be conditional on its validity. If this registration does not apply because the above requirements are not met, the asylum and refuge office shall record that fact in a reasoned decision and notify it to the person concerned.

18th additional disposition. Representatives of business organizations abroad.

For the purposes of the forecasts contained in Article 39 of the Organic Law 4/2000 of 11 January, and Title V of this Regulation, in the corresponding selection processes at the origin of foreign workers may be participate representatives of the Spanish business organisations.

To this end, representatives of these organizations may be accredited by the Secretary of State for Immigration and Emigration to the diplomatic missions or consular posts of Spain in the countries they have signed. agreements on the regulation of migratory flows.