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Royal Decree 864/2001 Of 20 July, Which Approves The Implementing Regulations Of The Organic Law 4/2000, Of 11 January, On Rights And Freedoms Of Foreigners In Spain And Their Social Integration, Amended By Organic Law 8/2000...

Original Language Title: Real Decreto 864/2001, de 20 de julio, por el que se aprueba el Reglamento de ejecución de la Ley Orgánica 4/2000, de 11 de enero, sobre derechos y libertades de los extranjeros en España y su integración social, reformada por Ley Orgánica 8/2000...

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TEXT

PREAMBLE

On December 23, 2000, the "Official State Gazette" was published in the Organic Law 8/2000 of 22 December 2000 on the reform of the Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration.

In the final provision of the Organic Law, it is established that the Government, within six months of its publication, will approve the Regulation of the Organic Law 4/2000 of 11 January.

To date, the Implementing Regulation of the Organic Law 7/1985, approved by Royal Decree 155/1996, of 2 February, has remained in force in all that it does not contradict or oppose the Law of the Organic Law 4/2000 or the reform of the law by means of Organic Law 8/2000.

In the current context and in accordance with the aforementioned final provision of Organic Law 8/2000, the Interministerial Committee of Foreign Affairs has been instructed by the Government to proceed with the elaboration of the Regulation of the implementation of the Organic Law 4/2000, reformed by Organic Law 8/2000, according to the aforementioned legal forecast.

In this development, it has been necessary to take into account the consolidation of Spain as a land of immigration and the conclusions adopted by the Heads of State and Government of the Member States of the European Union in October 1999, in Tampere, on the creation of an area of freedom, security and justice, as well as the amendment of Law 30/1992, of 26 November, which has been operated by Law 4/1999, of 13 January, the new administrative organisation of the State emerged from the Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, the the need to ensure a decent standard of living and conditions of employment for foreign workers on equal treatment with the Spanish, in the context of the fight against the exploitation of those and against the illegal trafficking of labour, Considering the scope of the cooperation with the States from which the immigrants come, and the commitment of the Organic Law 4/2000, reformed by Law 8/2000, by concepts such as family reunification, the rooting or the collaboration of the immigrants themselves in the fight against human trafficking networks.

On the other hand, it must be recalled that Law 9/1994 of 19 May, amending Law 5/1984 of 26 March on the Law of Asylum and the Status of Refugees, has brought back the humanitarian asylum granted to the certain foreigners who did not suffer persecution in the sense given in the 1951 Geneva Convention on the Status of Refugees to the general legislation of foreign nationals, as laid down in Article 17.2 of the Law on Asylum which, however, was not developed by its implementing regulation, approved by Royal Decree 203/1985, of 10 February, more than in relation to persons who, as a result of conflicts or serious disturbances of a political, ethnic and religious nature,

have been forced to leave their country. During the previous legislature, the Senate urged the government to develop the provisions of the said precept, in order to provide a framework for its proper implementation. In turn, the construction of the so-called Common European Asylum System, following the communitisation of asylum policies by the Treaty of Amsterdam, provides for the regulation of so-called subsidiary protection. These reasons have led to the development of the said provision of the Asylum Law, following the doctrine established by the Council of State in the field of humanitarian protection for cases to which the status of asylum is not applicable. refugee, by means of the corresponding amendment of the Regulation implementing the Law on Asylum, which is included in the final provision of the present Royal Decree.

With regard to the actual content of the Regulation that is approved by this Royal Decree, that one is marked for the reasons that have led to the enactment of the Organic Law referred to, it should be noted that in the The Commission has already given new vigour to the regulation of border controls on persons, a better coordination of the authorities involved in the granting of visas has been sought and the legal provision of a procedure has been complied with. The Commission has been in the process of implementing the necessary measures. In the case of a number of different residence and work permits, the regulation of administrative procedures for sanctions on foreign nationals has been rationalised and, in the end, better coordination of the administrative bodies has been pursued. General of the State, highlighting in this respect a new regulation of the Offices of Foreigners, with the objective to guarantee the efficiency and coordination in the administrative action at the level closest to the addressees of the politics of Immigration and immigration.

Finally, it should be noted that the regulation of a structure has been provided in accordance with the Organic Law 4/2000, reformed by Law 8/2000.

In the proceedings of this Royal Decree, apart from the provisions of the current regulations for the approval of the general provisions, the latter has been the subject of a report by the General Council of the Judicial Branch, according to Article 108 of the Organic Law 6/1985, of July 1, of the Judicial Branch.

In its virtue, prior to the favorable report of the General Council of the Judiciary, the Inter-Ministerial Committee for Foreign Affairs and the Forum for the Social Integration of Immigrants, on a proposal from the First Vice President of the Government and Minister of the Interior, Ministers for Foreign Affairs, Labour and Social Affairs and Public Administrations, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 20 July 2001,

D I S P O N G O:

Single item. Adoption and scope of the Regulation.

1. 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, reformed by Law 8/2000 of 22 December, is hereby approved.

2. In accordance with the provisions of Article 1.2 of the said Organic Law, the rules of the Implementing Regulation shall be without prejudice to the provisions of the special laws and international treaties in which Spain is part.

3. The rules of the Implementing Regulation of Organic Law 4/2000, as amended by Organic Law 8/2000, will be applied on a supplementary basis, or for the purposes which may be more favourable, to nationals of the Member States of the European Union and to other persons falling within the scope of Royal Decree 766/1992 of 26 June 1992, as amended by Royal Decree 737/1995 of 5 May 1995 on the entry and stay in Spain of nationals of the Member States of the European Union and other States to the Agreement on the European Economic Area, signed at Oporto on 2 May 1992 and ratified by Spain on 22 November 1993.

Likewise, the rules of the Implementing Regulation of Organic Law 4/2000, reformed by Law 8/2000, will be applied in an extra way to those implementing Law 5/1984, of 26 March, regulating the law of Asylum and refugee status, as amended by Law 9/1994 of 19 May.

4. To foreigners who, under the Agreements governing the readmission of persons in irregular situations subscribed by Spain, must be delivered or sent to the countries of which they are nationals or from which they have been transferred to the Spanish territory, the procedure provided for in the Implementing Regulation of Organic Law 4/2000, reformed by Law 8/2000, for the measure of return, and the provisions of Article 60 of the Organic Law, will apply. If it were foreign nationals who, having been expelled in contravention of the prohibition of entry into Spain, will apply to them Article 58 of the aforementioned Organic Law 4/2000, reformed by Organic Law 8/2000.

First transient disposition. Validity of permits or cards in effect.

The different permits 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 have validity in the date of entry into force of that date, 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 this Regulation shall be processed and resolved in accordance with the procedures provided for in the regulations in force at the time of application, unless the person concerned requests the application of this Regulation.

Transitional provision third. Renewal of the work permits.

The work permits that were in force on 23 January 2001, the date of entry into force of the Organic Law 8/2000 of 22 December, will be renewed as follows: Initial B permits will become type C and the Type B permits renewed and C will become permanent residence permits.

Transitional disposition fourth. Obligations of carriers.

Road transport undertakings falling within the scope of this Royal Decree shall take the necessary measures to enable the verification of the documentation provided for in Article 30 to be carried out. of the Regulation adopted by this Royal Decree, within one year of its entry into force.

Single repeal provision.

The Royal Decree 155/1996 of 2 February 1996, which was adopted by the Implementing Regulation of the Organic Law 7/1985; Royal Decree 1521/1991 of 11 October, on the creation, powers and operation of the Foreign offices; the first provision of Royal Decree 766/1992 of 26 June 1992 on the entry and stay in Spain of nationals of the Member States of the European Communities, and any other provisions of the same or lower rank, which object to the provisions of this Royal Decree.

Final disposition first. Development.

The Ministers for Foreign Affairs, the Interior, Labour and Social Affairs, and Public Administrations are hereby authorised to issue, in the field of their respective powers and, where appropriate, the Commission's report. Interministerial of Extranjería, the norms that are necessary for the execution and development of the provisions of the present Royal Decree. This power shall be the responsibility of the Minister of the Presidency, on a joint proposal of the Ministers concerned in each case, and subject to the report of the Interministerial Committee on Foreign Affairs, in relation to matters which are not the subject of the exclusive competence of each of them.

Final disposition second. Status and rules of internal rules of the Migration Centres of Ceuta and Melilla.

Within three months of the publication of this Royal Decree in the "Official Gazette of the State", the Ministry of Labour and Social Affairs, prior to the report of the Delegation of the Government for Foreign and Immigration, will approve the Status of Migration Centers located in the cities of Ceuta and Melilla.

Final disposition third. Amendment of the Regulation implementing Law 5/1984 of 26 March on the Law on Asylum and the Status of Refugees, as amended by Law 9/1994 of 19 May.

1. Article 2, third paragraph, of the Regulation implementing Law 5/1984 of 26 March, regulating the right of asylum and refugee status, as amended by Law 9/1994 of 19 May, adopted by the Royal Decree, is amended. 203/1995, of 10 February, paragraphs (c) and (d) of which are worded as follows:

(c) Raise the Minister of the Interior with the proposals for authorization to remain agreed within the scope of Article 17.2 of Law 5/1984 of 26 March, based on humanitarian grounds which are linked to the application of the international instruments determining non-refoulement or that, without constituting any of the cases of application of the 1951 Geneva Convention, on the recognition of the Status of Refugees, there is a certain link to the grounds of she collected. " (d) Propose the documentation to be issued to asylum seekers, recognised refugees, those to whom it is authorised to remain in Spain in application of the previous paragraph and to those to whom the provision applies First of all this regulation. "

2. Article 3 of the Regulation implementing Law 5/1984 of 26 March on the law of asylum and refugee status, as amended by Law 9/1994 of 19 May, adopted by Royal Decree 203/1995 of 10 February 1995, is amended. Paragraph (g) of this Article shall read as follows:

" (g) Submit to the said Commission the proposals for authorization in Article 17.2 of Law 5/1984, regulating the right of asylum and refugee status, which are based on humanitarian grounds which are linked to the application of international instruments determining non-refoulement or that, without constituting any of the cases of application of the 1951 Geneva Convention, on the recognition of the Status of Refugees, there is a certain link to the grounds of she collected. "

3. Article 31 of the Regulation implementing Law 5/1984 of 26 March on the Law on Asylum and the Status of Refugees, as amended by Law 9/1994 of 19 May, adopted by Royal Decree 203/1995 of 10 June 1995, is amended. February, paragraph 3 of which is read as follows:

" 3. Where, in the public interest or for humanitarian reasons, which are linked to the application of international instruments determining non-refoulement or which, without constituting any of the cases of application of the 1951 Geneva Convention, on Recognition of the Status of Refugees, there is a certain link with the reasons given therein, the authorisation to remain in Spain of the applicant is justified, the refusal of asylum will be accompanied by an agreement in this regard, according to Article 17 (2) of Law 5/1984, which regulates the law of asylum and the condition of (i) The decision to refuse must specify the status to be agreed upon in accordance with the current rules of foreign affairs, which will be proposed by the Inter-Ministerial Committee on Asylum and Refuge to the Minister of the Interior.

You may also recommend your acceptance of the posting status, as provided for in the first provision. "

Final disposition fourth. Budgetary changes.

The government will dictate the necessary provisions to deal with the expenses incurred by the application and development of the Regulation that is approved by this Royal Decree.

Final disposition fifth. Entry into force.

This Royal Decree and the Regulation which is hereby approved shall enter into force on 1 August 2001.

Given in Palma de Mallorca to July 20, 2001.

JOHN CARLOS R.

The Minister of the Presidency, JUAN JOSE LUCASGIMENEZ

REGULATION OF IMPLEMENTATION OF THE ORGANIC LAW 4/2000, OF 11 JANUARY, REFORMED BY THE ORGANIC LAW 8/2000 OF 22 DECEMBER ON THE RIGHTS AND FREEDOMS OF FOREIGNERS IN SPAIN AND THEIR SOCIAL INTEGRATION

CHAPTER I

Spanish territory entry and exit regime

SECTION 1.a

INPUT AND OUTPUT POSITIONS

Article 1. Entry by qualified posts.

1. A foreigner intending to enter Spanish territory, subject to the provisions of the international conventions entered into by Spain, must do so by the posts entitled to the effect, being provided with the passport or travel document which accredit his identity, which is considered valid for that purpose under international conventions signed by Spain, to be in possession of a valid visa when it is enforceable, and not to be subject to express prohibitions. You must also present the documents specified in this Regulation that justify the object and conditions of stay, and prove sufficient means of life for the time that you intend to stay in Spain or that you are in a position to obtain such means, in accordance with the provisions of this Regulation.

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

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

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

3. Seafarers who are in possession of the naval book or of an identity document in force for the people of the sea, may circulate as long as the scale of the vessel lasts through the port of the port or the nearby localities, in an environment of 10 km, without the obligation to appear at the border post, provided that the persons concerned appear on the list of crew members, subject to prior control by the officials referred to in paragraph 2 of this Article, of the vessel to which they are belong. The right to land the seafarer may be refused, representing a threat to public order, public health or national security, or to the person in which there are objective circumstances to which his or her failure to appear may be deducted. vessel before departure.

Article 2. Enabling posts.

In accordance with the national interest and the provisions of international conventions in which Spain is a party:

(a) The enabling of a land border post will be adopted, following agreement with the authorities of the relevant border country, through the Order of the Minister of the Presidency, on a joint proposal of the Ministers of Foreign, Interior, Economy and Finance.

b) In the case of the clearance of posts in ports or airports, the Order of the Minister of the Presidency shall be adopted jointly by the Ministers for Foreign Affairs, the Interior, the Economy and the Treasury, a favourable report by the ministerial department or entity that the port or airport is dependent.

Article 3. Closure of posts enabled.

1. The closure, on a temporary or indefinite basis, of the steps authorised for entry into Spain and the exit, may be agreed by the Government where this results, either from the provisions to be applied as a result of the states of alarm, exception or site, or, in application of special laws, in cases where the interests of the national defense, the security of the State and the protection of the health and safety of the citizens so require.

2. In cases other than those referred to in the previous paragraph, if the location of the posts is unnecessary or inconvenient, it may be closed or moved, for the procedures laid down in a standard way.

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.

SECTION 2.a

DOCUMENTATION AND VISAS

Article 4. Passports and travel documents.

1. A foreigner intending to enter Spain must be provided, in order to prove his identity, of 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 that establishes its identity, which have been considered valid for entry into Spanish territory, by virtue of international commitments 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. (a) for this purpose under international law and contain, in any event, sufficient data for the identification of the identity and nationality of the holders. Passports shall allow the return to the country which issued them.

3. The Spanish diplomatic missions or consular posts, subject to the express authorization of the Ministry of Foreign Affairs, may issue travel documents and laissez-passer to foreigners whose international protection has been assumed by Spain in implementation of Spanish legislation or to proceed with its evacuation to countries with which there are cooperation agreements to that effect.

4. The admission of collective passports will be in accordance with the international conventions that exist or are conceived by Spain, prior to the report of the Ministry of the Interior.

Article 5. 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 paragraph.

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) The members of the crew of foreign passenger and commercial ships, when documented with the naval book or an identity document for the people of the sea in force and only during the scale of the ship.

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 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 signed an agreement The international community will consider this possibility. Such authorisations shall have a minimum term of validity equal to the period of stay, or of the duration of the transit, provided for at the time of application for entry.

3. Foreigners holding a residence permit in Spain, a student card, or an analogous document allowing them to enter Spanish territory, a provisional authorisation of residence, a diplomatic accreditation card, of a cross-border worker's permit, or of the return authorisation provided for in Article 32.6 of this Regulation, issued by the Spanish authorities, shall not require a visa to enter Spanish territory, provided that such authorisations are in force at the time of application for entry.

Article 6. Transit visas. Classes.

1. Transit visas may be of airport transit and territorial transit. They allow to transit one, two, or exceptionally multiple times, and they can be:

(a) Airport transit visa: Enable the foreign country specifically subject to this requirement, to transit through the international transit zone of a Spanish airport, without access to the national territory, during stopovers or Flight links.

(b) Visited territorial transit: It enables the foreigner to cross the Spanish territory on a journey, lasting no more than five days, from a third State to another that admits to that foreigner.

2. Territorial transit visas may be granted as collectives in favour of a group of foreign nationals, not less than five or more than fifty, participating in an organised journey, provided that the entry and exit are made within the group.

Article 7. Visas for stay. Classes.

1. Stay visas may be:

(a) Travel visa or short stay:

Enable a foreigner to apply for an entry for an uninterrupted stay or for successive stays for a period or sum of periods of total duration not exceeding three months per semester from the date of the first entry. The exhaustion of the length of stay granted or the number of authorised entries shall mean the expiry of the visa. For the duration of the visa, this visa may be limited, if the visa does not exceed one month or two, or ordinary, if you enable the stay up to a maximum of three months with one, two, or several entries.

(b) Multiple-circulation visa: It is possible for foreign nationals who, for professional reasons, must travel frequently to Spain to apply for entry for multiple stays, the sum of which may not exceed three months per semester. The validity of this visa may be one year and exceptionally for several years.

(c) Special stay visa: means that an alien is entitled to carry out work activities on behalf of others or courses, studies or research and training activities, for a duration not exceeding the period laid down in the visa up to a maximum of six months. This visa may be issued by the Ministry of Foreign Affairs, taking into account in particular the provisions of paragraph 4 of this Article and Article 89 (7), and shall be dealt with under the urgency procedure.

2. Short-stay visas may be granted as collectives, in favour of a group of foreigners, not less than five or more than fifty, participants of an organised journey, provided that the entry, stay and exit is performed within the group.

3. Courtesy visas may be granted to the persons referred to in Article 2 of Organic Law 4/2000, reformed by Law 8/2000, on diplomatic, official or service passports. These visas may be extended by the Ministry of Foreign Affairs.

4. A visa for study may be granted to foreigners who, by crediting that they have been pre-registered or regulated in one of the educational establishments referred to in paragraph 2 (b) of Article 54, together with the other requirements set out in that article, wish to come to Spain to carry out study, training or research activities.

visas may also be granted to family members under the conditions laid down in Article 55 of this Regulation.

The Consular Office may require an optional report from the provincial governmental authority on visa applications for studies for the recipients of Spanish or foreign public institutions in which they apply. cooperation agreements or those formulated to pursue studies as students of university or research teaching in public or private educational institutions approved by the competent educational administration. In other cases of study visas, the Consular Office shall require a non-binding mandatory report from the provincial governmental authority, which shall be communicated to the Ministry of Foreign Affairs through the basic data relating to the applicant and the teaching centre. The government report shall cover in particular the fulfilment of the requirements referred to in Article 54 of this Regulation and the provision for admission thereto.

The non-issuance of a report within one month shall be understood as the absence of obstacles to its resolution.

If the duration of the studies is less than six months, the visa that is issued will be sufficient to document the stay.

5. The visa of a foreign minor for the purposes of schooling, medical treatment or enjoyment of vacations when the stay is not carried out by the person exercising his or her parental rights or guardianship shall require the express authorization of the person who exercises it. as a favourable prior report of the Deputy Government Delegate or Government Delegate in the Autonomous Communities of the Autonomous Communities, in whose territory the child will remain.

The government report shall in particular cover compliance with the requirements and authorisations required within the health, education and legal protection of the child, in the light of the end and duration of the In order to ensure the absence of any risk of the latter's protection, and to verify the written commitment to facilitate its return to the country of origin, and the absence of cost to the public purse, unless such cost has been assumed and previously in each case by the competent authority.

6. Special-stay visas may be issued for "au pairs" to nationals of States party to the European Agreement of 24 November 1969, provided that they are specified by reason of their nationality and in accordance with the requirements of the laid down in that European Agreement on the "au pair" placement.

7. The granting of a visa to stay in cases exempt from the requirement of a work permit does not exempt the holder, once in Spain, from the obligation to deal with the competent labour authority with the recognition of the exception and the formalize the accreditation as a special envoy, prior to the start of the activity.

8. The acquisition of a travel visa or a short stay is without prejudice to the competence of the authorities under the Ministry of the Interior to authorise entry.

Article 8. Residence visas. Classes.

1. Residence visas may be granted to foreigners who wish to transfer their residence to Spain.

2. Residence visas for family reunification may be granted, after a favourable report by the competent governmental authority, to foreigners who are in one of the cases referred to in Article 17 of the Organic Law. 4/2000, reformed by Organic Law 8/2000 and which request it to regroup with a relative resident in Spain.

This report will have binding value regarding the conditions to be credited to the regrouping, in accordance with Article 18 of the Organic Law 4/2000, reformed by Law 8/2000.

3. Residence visas for work may be granted to foreigners who wish to carry out a work or professional activity, as an employed or self-employed person.

The granting of such visas shall be preceded by a favourable report issued by the labour authority, without prejudice to the provisions of Article 89 (6) of this Regulation.

4. Residence visas for an activity other than the obligation to obtain a work permit may be granted to foreigners who are in one of the cases referred to in Article 41 of the Organic Law 4/2000. by Organic Law 8/2000. The granting of such visas shall be preceded by the recognition by the labour authority that they are exempt from the obligation to obtain work permits, except in cases (c), in the case of staff dependent on institutions. (d) and (f) of paragraph 1 of the said Article.

The granting of a residence visa in the cases referred to in paragraphs (c), (d), (e) and (f), in which the circumstances referred to in Article 68.1 of this Regulation are given, does not exempt its holder, once in Spain, from the the obligation to deal with the competent labour authority with the recognition of the derogation and, where appropriate, the obligation to formalise the accreditation as a correspondent, prior to the commencement of the activity.

5. Residence visas for asylum may be granted, subject to the report of the competent authority, to foreigners who have processed and obtained recognition of the status of a refugee on the basis of an application lodged in a Mission Diplomatic or Spanish Consular Office, in accordance with Spanish asylum legislation. This visa may also be granted to a foreigner who has a refugee status in another country and Spain accepts the transfer of responsibility and residence on Spanish territory. This visa may also be granted to foreigners who have applied for asylum in a Spanish diplomatic mission or consular post and the risk situation makes it advisable to transfer them to Spain as a matter of urgency.

6. Non-profit-making visas may be granted to retired foreign nationals, who are pensioners or rentiers, or to foreigners of working age, who are not going to carry out an activity in Spain subject to work permits or with the exception of the obligation to obtain such permission.

These visa applications, except in cases where the urgency in their resolution does not permit it or the request for a report is superfluous because the regulatory requirements of the file are reasonably appreciated in the file referred to in Articles 14.5, 17.7, 41 and concordant of this Regulation, may be submitted by the Consular Office to the report of the provincial governmental authority, which may issue it within one month. Failure to issue a report within the prescribed period shall be understood as the absence of obstacles to its resolution. The unfavourable report is binding if it considers the applicant to be in any of the causes of an entry ban.

7. Obtaining a residence visa is without prejudice to the competence of the authorities under the Ministry of the Interior to authorise the entry and, where appropriate, to grant the residence permit.

Article 9. Visa link number.

1. The visa link number (NEV) is an alphanumeric code which aims to facilitate communication between administrative bodies and which identifies a visa procedure dealt with in a Diplomatic Mission or Consular Office. documents and reports, whether mandatory or not, are to be incorporated into or issued from administrative units located in Spain and related to the corresponding procedures for work, residence or stay permits back.

2. The visa link number shall be assigned by the competent administrative unit for the instruction of the job offer, the application for the work permit, the authorisation to work, a request for the derogation from the permit to (i) work, a residence permit without a work permit, a request for a government report in cases of family reunification or for stays for the purposes of schooling, medical treatment or holidays of unaccompanied minors; referred to in Article 7.5 of this Regulation, or by the provincial government office which intervenes and values the invitation-statement of invitation in charge.

It shall be attributed by the Consular Office itself when, exceptionally, the application for a work permit or its exemption for referral to the competent provincial body must also be received at the same time.

The stamping of the visa link number shall be made in the appropriate box for the purpose in the original of the standard form or in the absence of a box in the header of the document in which it is to be reflected, preceded of the acronym NEV. It shall be clearly stated using a specific numerator stamp and, in the absence thereof, a marker or pen with blue or black ink.

The stamping shall be made on the same day of registration of the receipt of the document or application, in the administrative unit competent for the instruction, giving the person concerned two copies of the document, one as proof of the lodging of the application and the other for filing, within the time limit, in the Consular Office when applying for the visa.

3. The link number is composed, in the order that is quoted, of the following items:

a) Eight digits (day, month, and year in which the document is recorded).

(b) A letter which, depending on the type of procedure to which it relates, shall be detailed by means of instructions approved by joint resolution of the competent ministries.

(c) Two digits (provincial code for the processing unit or the processing unit or to which it may be required to report); the code 53 for which it is dealt with in the Directorate-General of Management of Migration and Code 56 for work files which will exceptionally be presented in a Consular Office together with the visa application.

d) Five digits (sequential number assigned in the fulfillment unit). In the relations of foreigners to which a collective authorization of work or of stay of minors is extended in collective relation, each one of his own sequential number shall be made to precede.

In the same way it will be done in the relations of foreigners in case of generic offers once the offer has been evaluated and their beneficiaries identified.

4. The family reunification visa number which affects more than one regrouping shall be added to the letter with which each family member is differentiated in the application for a government report on the conditions of the regrouping.

5. The administrative efficiency of a document with the stamped visa number to be able to accompany the visa application is three months from the date set by the initial eight digits of the visa link number on visa applications for residence with or without a work permit. The period of effectiveness is reduced to one month, from the same date, in applications for visas to carry out seasonal work activities.

Article 10. Application for a transit and stay visa.

1. The applicant for a transit or stay visa shall submit his application as an official model, duly completed and signed. Accompany a recent photograph, meat size, or three if the resolution competence is not transferred to the Diplomatic Mission or Consular Office. He shall present the passport or travel document of which he is a holder. In the case of special stay visas referred to in Article 7.1.c) of this Regulation, the passport must be valid for a minimum of one year.

2. The application for a visa must be submitted by the applicant personally or through duly accredited representative, in the Spanish Diplomatic Mission or Consular Office in whose demarcation the foreigner resides. Exceptionally, and on the basis of justification, this application may be submitted in person to any Diplomatic Mission or Consular Office other than that of its place of residence.

3. In the case of transit or stay visas where a common visa arrangement between Spain and other countries is applicable, the application shall be submitted to the Diplomatic Mission or the competent Consular Office, in accordance with the rules laid down in Article 1. established in that agreement. In the terms of this Agreement, Spanish Diplomatic Missions or Consular Offices may issue transit or stay visas on behalf of another country, as may the Diplomatic Missions or Consular Offices of another State party. may issue uniform transit or stay visas valid for the Spanish territory and on behalf of Spain. Visas to which provisions of national law are to be applied or require mandatory reports from Spanish authorities or bodies may only be requested in and issued by the competent Spanish Consular Office.

Article 11. Documentation required for transit and stay visas.

1. Visa applications shall be accompanied by documents certifying:

(a) The object of the journey and the conditions of the intended transit or stay.

b) The provision of sufficient means of subsistence for the period requested. The level of these means shall be proportional to the duration and subject of the journey; for this purpose, the amount fixed for the purposes of entry into the territory shall be taken as a reference. The availability of resources includes in any case being a beneficiary, individually or collectively, of a travel insurance covering, throughout the time of their stay and in the totality of the States implementing the international agreements of abolition of border controls in which Spain is a party, medical expenses and repatriation associated with an accident or sudden illness, except in the case of special-stay visas which, pursuant to Article 7.1.c) of this Regulation Regulation, are issued for the realization of gainful activities for the account of others.

c) The provision of accommodation in Spain during transit or stay.

(d) The guarantees of return to the country of origin or, where appropriate, of admission to the country of destination after the transit through Spain or through the territory of the States for which the visa is valid.

e) When the applicant for a stay visa provides a letter of invitation from a Spanish citizen in support of his application, the person must guarantee and be responsible for the fulfilment of each of the alleged contents in the paragraphs (a), (b), (c) and (d).

(f) In the cases of Article 7.5, the favourable report of the Deputy Delegate or Government Delegate.

g) On the special-stay visa for seasonal work, the contract of employment and the return commitment, in accordance with Article 89 (7).

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 situation of the applicant.

c) The authorization, of the person exercising the parental authority or guardianship, to travel, if the applicant is a minor.

3. The Diplomatic Mission or Consular Office 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 or personal documentation the 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. The summons shall express the time limit set for the appearance, the suspension of the maximum period for the resolution expressed during the time between the notification of the summons and its effective compliance by the addressee, as well as the 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.

Article 12. Application for a residence visa.

1. The applicant for a residence visa shall submit his application as an official model, duly completed and signed. I will accompany three recent pictures meat size. He shall present the passport or travel document of which he is a holder.

2. The application for a visa shall be submitted by the applicant, either personally or through a representative, in the Diplomatic Mission or Consular Office in whose demarcation the foreigner resides.

Article 13. Generic documentation required for residence visas.

1. Applicants for a residence visa must provide:

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

(b) If the applicant has a majority of criminal age, a certificate of criminal history issued, where appropriate, by the authorities of the country of origin or of the country or countries in which he has resided for the last five years.

(c) Health certificate in order to prove that the applicant does not suffer from any of the diseases listed in the International Health Regulations.

In the case of the visa provided for in Article 8.5 of this Regulation, applicants may be exempted from the requirements laid down in this paragraph 1.

2. The Diplomatic Mission or Consular Office may require the personal appearance of the applicant and, where necessary, maintain a personal interview, in order to verify: The identity of the applicant, the validity of the documentation staff or documentation provided, the regularity of the residence in the country of the application, and other circumstances of the applicant, in particular economic, academic or professional. The summons shall express the time limit set for the appearance, the suspension of the maximum period for the resolution expressed during the time between the notification of the summons and its effective compliance by the addressee, as well as the Failure to appear within the prescribed period, which may not exceed 30 days, shall have the effect of considering the person concerned to be withdrawn in the proceedings.

Article 14. Specific documentation required for residence visas.

1. Where a residence visa is applied for for family reunification, the applicant resident in Spain must, prior to the submission of the application, request a report from the governmental authority in the province where he resides, certifying that meets the conditions laid down in Article 18 (11) and (21) of the Organic Law 4/2000, which was reformed by Organic Law 8/2000. The family member included in one of the cases of regrouping provided for in Article 17 of the Organic Law 4/2000, reformed by Law 8/2000 must submit, together with the application for a visa, copy, within one month, of the request of report with the visa link number incorporated and registered by the corresponding government office, as well as the documentation certifying the parentage and, where appropriate, the legal and economic dependence; in the case of an ascending of the regrouping or your spouse, you must present the documentation stating that the ascending person is in charge of the applicant or his spouse and that there are reasons to justify the need to authorise his residence in Spain.

The Government, on a proposal from the Inter-Ministerial Committee on Foreign Affairs, may determine the cases in which the accreditation of all or any of the requirements to which the report of the authority is required is not required. gubernatively, in accordance with the provisions of the preceding paragraph.

2. When applying for a residence visa to pursue a self-employed gainful activity in Spain, the foreigner must present the project of the economic activity or activity that he wishes to carry out with an investment assessment, profitability and job creation. If the economic activity requires a special qualification, the foreigner must prove to be in possession of the corresponding Spanish title or have obtained the approval or recognition of his foreign title by the competent Spanish authority. If the work permit has been requested in Spain, it is sufficient to present the copy, in an effective time, of the application for a work permit and residence registered by the competent authority to deal with it and the Endorsed visa.

3. Where a residence visa is applied for in order to pursue gainful employment, the foreign national must submit an exemplary, in-time, copy of the offer or contract of employment, completed in the official model established by the Ministry of Foreign Affairs. Labour and Social Affairs, registered by the relevant administrative unit to report such a visa application, and with the number of the visa link incorporated.

If the visa is requested for the performance of seasonal activities with a duration of more than six months, the visa applicants must provide the contract of work signed in accordance with the provisions of the 7 of Article 89 of this Regulation.

4. When applying for a residence visa to carry out an activity included among the exceptions of the obligation to obtain a work permit, the foreigner must present the documentation proving that it is in one of the cases referred to in Article 41 of the Organic Law 4/2000, reformed

by Organic Law 8/2000. This documentation shall be supplied by the presentation of the copy, in time, of the application for residence and the exception of the work permit presented in Spain, registered by the administrative unit of processing and with the visa number incorporated.

5. Where a non-profit-seeking residence visa is applied, the foreign national must provide documentation stating that he has the means of life, or that he or she is receiving or is receiving periodic income, sufficient and adequate for him and his family members. his position. The means of life or periodic income shall cover the accommodation, maintenance and health care of both the applicant and the family members of his or her dependants.

Article 15. Notifications and requirements.

1. The Diplomatic Mission or the Consular Office receiving the application shall return a sealed copy of the application 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 application. 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 shall be made through the telephone or the contact fax provided by the person concerned or his legal representative, provided that it is established.

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. the application, which must be located within the scope of the same consular demarcation.

Without prejudice to the provisions of Article 13.2, the citations or requirements shall be met within a maximum period of 15 days.

When the written notification pursuant to this Article has been attempted, it would not have been possible to practice, whatever the cause, such notification shall be made by means of a notice published during 15 years. days on the corresponding board of the Consular Office.

3. If the requirements or citations are neglected within the time limit, the applicant shall be held for withdrawal, the resolution declaring the withdrawal by the same procedure as the previous paragraph.

Article 16. Processing of the files for transit and stay visas.

1. The Diplomatic Mission or Consular Office to which the application for a visa is submitted may require, in addition to the documents required, to be suspended, as many reports as may be necessary to resolve the request and in particular to assess the circumstances set out in Article 11 of this Regulation.

2. The documents and reports required by the Diplomatic Mission or Consular Office shall be in relation to the conditions of the country of origin and the personal circumstances of the applicant and its references in Spain. Information to be provided by other Diplomatic Missions or Consular Offices shall also be taken into account in the framework of local consular cooperation. The report of the central authorities of other countries will also be taken into account if this has been established in the framework of a common visa regime.

3. The file shall also be incorporated in the case of natural or legal persons who are Spanish or foreign, with a legitimate interest in the granting or refusal of the visa.

4. Submitted in the form or under-healed of the visa application, the Diplomatic Mission or Consular Office shall instruct the relevant file and raise the visa application to the Ministry of Foreign Affairs, accompanied by a report and documentation. it is necessary, in order to request authorisation for the granting of the visa. Received the authorisation, the Diplomatic Mission or Consular Office shall decide and issue the visa.

5. The Ministry of Foreign Affairs may give a general authorization for the Diplomatic Missions or Consular Offices to resolve requests for a class of transit or stay visas without requesting prior authorization.

Article 17. Processing of the residence visa files.

1. The Diplomatic Mission or Consular Office before which the application for a residence visa has been lodged may, in addition to the documentation required, require, in addition to the documents required, the necessary information to be deemed necessary to resolve the application in accordance with the criteria set out in Article 27.3 of Organic Law 4/2000, reformed by Organic Law 8/2000.

2. Submitted in the form or under-healed of the visa application, the Diplomatic Mission or Consular Office shall instruct the relevant file and raise the visa application to the Ministry of Foreign Affairs, accompanied by a report and documentation. necessary, in order to request authorization to issue the visa.

3. When applying for a residence visa for family reunification, the Ministry of Foreign Affairs, in accordance with Article 8 (2) of this Regulation, shall communicate to the governmental authority which has been presented in the form of a residence visa. visa application and shall require that authority to forward the relevant report to it.

4. When applying for a residence visa to pursue a gainful activity on a self-employed basis, the Ministry of Foreign Affairs shall require a corresponding report from the labour authority, which it shall send copies of the documentation provided by the Ministry of Foreign Affairs. the applicant, unless it has already been submitted to the labour authority.

5. Where a residence visa is applied for to pursue gainful employment, the Ministry of Foreign Affairs shall require the corresponding report of the labour authority, to which it shall inform it which has been presented in the form of a visa application.

6. Where a residence visa is applied for in order to carry out an activity included in the cases other than the obligation to obtain a work permit, the Ministry of Foreign Affairs shall require a corresponding report from the labour authority.

7. In accordance with paragraphs 1 and 2 of this Article, when applying for a residence visa for non-profit-making activities, the Ministry of Foreign Affairs may require a report from the bodies which it may provide. useful information for the assessment of the visa.

8. With the approval of the Ministry of Foreign Affairs, the Diplomatic Mission or Consular Office shall decide and issue the visa. The Ministry of Foreign Affairs may give a general authorization for the Diplomatic Missions or Consular Offices to resolve applications for a class of residence visas without prior authorization.

Article 18. Processing of visas in special cases.

1. Subject to the authorisation of the Ministry of Foreign Affairs, any Diplomatic Mission or Consular Office may process a visa application, issue a visa or extend validity, up to a maximum of three months in a period of six months. This forecast shall be taken into account in particular in the case of the visa referred to in Article 8.5 of this Regulation.

2. The Ministry of Foreign Affairs, exceptionally, and in accordance with the international agreements signed by Spain, may entrust to the police services of the Ministry of the Interior in charge of the control of the entry of persons in the national territory, the issue at the border of transit or stay visas.

Article 19. Resolution of the visa files.

1. The resolution of the visa will be in the interest of the State and the implementation of the international commitments made by 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 the of citizen security. No visa shall be granted to a foreigner whose arrival in Spain is a danger to Spain's public order, national security, public health or international relations.

2. If the applicant, at the time of resolution, does not appear on the list of persons not eligible, the Diplomatic Mission or Consular Office shall appraise the documentation and reports incorporated in the application and shall resolve the visa application.

3. The refusal of a residence visa for family reunification or residence with a work permit must be reasoned, informing the person concerned of the facts and circumstances found and, where appropriate, of the evidence received and from documents and reports, whether mandatory or not, incorporated which, in accordance with the applicable rules, have led to the decision rejecting it.

4. Without prejudice to the effectiveness of the decision rejecting the application and to the extent that the person concerned has brought an action against it or not, the alien who is aware of a prohibition of entry for inclusion in the list of persons who are not eligible, may channel through the Consular Office a written request addressed to the Secretary of State for Security of the Ministry of the Interior if you want to exercise your right of access to your data or to request the rectification or deletion of the same in the Schengen Information System.

Article 20. Notification of the decision.

1. The decision shall be notified to the applicant in such a way as to ensure that he is assured of the information on the content of the decision, the rules which he is based on, the appeal against it, the body to which it is to be lodged and the time limit for the application. interpose.

2. As regards the address and the means to be used to carry out the notification, Article 15 of this Regulation shall apply.

3. The decision to refuse a transit or stay visa for failure to comply with any of the entry requirements, including the entry as a non-admissible person, shall be notified by the common application formula adopted by the development of the international agreements for the abolition of border controls in which Spain is a party, expressing the appeal against it, the body to which it may be asked and the time limit for the interposition.

Article 21. Issuing of the visa.

1. Within two months of the notification of the concession, the foreigner shall collect his/her visa.

In the case of residence visas, the foreigner must personally collect his or her visa, after checking his or her identity. The Diplomatic Mission or Consular Office shall inform abroad of the formalities to be carried out, if necessary, once in Spanish territory.

If the applicant has submitted originals and copies of the health, background and parentage certificates, once the original visa holder has been checked, the originals shall be returned to the original visa holder so that they can have an effect on him. file of the residence permit or permit or permit to work; the original of the contract of employment signed with the Consular Office shall be returned to it. The original of the foreign certificates relating to the relationship or other circumstances of the civil registry, shall be returned to the holder of the visa, so that they can have effects on the file of the residence permit, after legalization of the documents by diplomatic means, in the cases where it is necessary, or after verification of their legalisation by the apostille system in accordance with the Hague Convention of 5 October 1961.

After the two-month period without having been personally to collect the visa, you will be given a withdrawal, notifying you of the relevant decision.

2. The visa requirement shall be extended by the passport or travel document of the holder of the visa applying for the visa. In the case of entry with other identity documents and in other documents to be determined by the Ministry of Foreign Affairs, it shall be issued in separate document.

3. The validity of the visa shall be lower than that of the passport, title or travel document on which it is issued.

Article 22. Details of the visa sticker.

1. The following entries shall be included in the visa sticker:

(a) The State or States for which the holder of the visa may travel within the period of validity.

b) The dates of the first day of entry and the last day of possible stay.

(c) The number of entries or periods of stay in which the total authorised duration may be divided.

(d) The duration of the stay, up to a maximum of three months in a period of six, or up to a maximum of five days in the case of a transit visa.

e) The place and date of issue.

(f) The passport number and the possible mention of the accompanying relatives of those included in the passport.

g) The generic type of visa.

2. The following entries may be included on the visa sticker:

(a) In the area of observations: the signature of the official authorised for the issue, the amount paid in respect of fees, the statistical code of the

type and reason for the visa, the possible geographical limitation of the visa and other modalities of issue to facilitate the administrative application of the visa.

(b) In the optical reading area: the type of document, the issuing country, the surname and the name of the holder, the number of the label, the nationality of the holder, the date of birth, the sex of the holder, the date of expiry of the visa, territorial validity, number of entries, length of stay and the start of the validity of the visa.

SECTION 3.a

ENTRY: REQUIREMENTS AND PROHIBITIONS

Article 23. Justification of the object and conditions of the stay.

1. Foreigners must, if required, specify the reason for their request for entry to stay in Spain. Officials responsible for the control of entry may require the submission of documents to justify or establish the likelihood of the plea in question.

2. Without prejudice to any other means of proof or evidence which may be carried out by the officials responsible for the control to justify or establish the likelihood of the grounds of entry invoked, one or more of the following may be required: the following documents:

a) For professional travel:

1.o The invitation of a company or an authority 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.o Access cards to fairs and congresses.

(b) For journeys made in the course of study, or for training or research purposes:

1.o Pre-registration or admission document of a legally recognized public or private teaching center to participate in courses.

2 Student meat or certificates relating to the courses followed.

c) For tourist or private travel:

1.o Supporting establishment document.

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

3.o Ticket or tour circuit.

4.o Invitation of a particular.

d) 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, in order to justify the likelihood of the plea in question, in addition to the means of proof referred to in the preceding paragraph, may use or propose all of the legally admitted means of proof to pursue that purpose.

Article 24. Accreditation of economic resources.

1. Officials responsible for carrying out checks on persons may require foreigners to enter the territory of Spain, who are entitled to have sufficient economic resources or adequate means of living for their purposes. support during the period of stay in Spain, as well as for the transfer to another country or the return to the country of origin.

2. The availability of economic resources by foreign nationals must be shown by means of an exhibition of the same, in the case of cash holders, or by the presentation of certified cheques, travel checks, letters of payment, credit or bank certification, or through documentation that is found to be in a position to legally obtain such means.

3. The officials responsible for the control of entry may allow entry, reducing the length of stay in proportion to the amount of the resources available and in accordance with the criterion of paragraph 4 of this Article, warning, (a) the person concerned, by means of diligence in the passport or similar document, of the deadline for leaving the Spanish territory.

4. Foreign nationals must prove that they have resources which, as a minimum, are indicated below:

(a) For their support, during the stay in Spain, the economic resources or means of life in the amount determined by the Order of the Minister of the Interior, taking into account the number of days they intend to remain in Spain and the number of persons travelling together, may be reviewed annually, if necessary, the amount of these resources, by means of a new Order of the Minister of the Interior, in view of the evolution of the consumer price index.

b) To return to the country of origin or to move in transit to third countries, the ticket or travel tickets nominative, non-transferable and closed, in the means of transport that they intend to use.

Article 25. Health requirements.

When determined by the Ministry of the Interior, according to the Ministry of Health and Consumer Affairs, all persons intending to enter Spanish territory must present at the certified border posts. medical services issued in the country of origin by the medical services designated by the Diplomatic Mission or Spanish Consular Office, or subject to medical examination by the competent Spanish health services on arrival, in the frontier, in order to prove that they do not suffer from any of the diseases (a) the provisions of the International Health Regulations, as well as the number of international commitments on the matter, have been signed by the Spanish State, without prejudice to the provisions of the European Union legislation.

Article 26. Entry ban.

1. The entry of foreign nationals shall be prohibited and shall be prevented from accessing the territory of Spain, even if they meet the requirements of the preceding Articles, where:

(a) Hayan was previously expelled from Spain, within the period of prohibition of entry as determined in the expulsion order.

b) Incourses are found in the cases of infringement punishable by expulsion in Organic Law 4/2000, reformed by Organic Law 8/2000.

2. Through diplomatic channels, through Interpol or by any other means of international cooperation,

judicial or police, knowledge that they are claimed, in relation to criminal causes arising from serious common crimes, by the judicial or police authorities of other countries, provided the facts by Those who are claimed constitute a crime in Spain.

3. For its activities contrary to Spanish interests or human rights or for its notorious connections with criminal organizations, national or international, have been subject to express prohibition, under the resolution of the Minister of the Interior.

4. The entry under international conventions in which Spain is a party may be prohibited or prohibited unless it is deemed necessary to derogate for humanitarian or national interest.

Article 27. Input authorization.

1. Foreigners may be authorised to enter the territory of the country, provided that they are provided with the necessary and valid documentation of sufficient economic means, if they are subject to such a requirement, documents justifying the purpose and conditions of the intended stay are not subject to prohibitions of entry, nor do they constitute a danger to public order, to the internal or external security of the State, or to public health.

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 proof of the authorization of entry for any of these causes shall be made abroad for a maximum stay of three months in a period of six in accordance with this Regulation.

Article 28. How to make the entry.

1. Upon arrival at the post authorised for entry into Spain, foreign nationals shall certify to the officials responsible for inspection that they meet the requirements laid down in the Articles of this Chapter for the obligation to check them, with prior to the intervention of the Customs Services or any other necessary.

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 International treaties in which Spain is a party should provide for non-stamping, so that, upon returning the documentation, the passage to the interior of the country will be free.

3. If access is made by means of a document of identity or of another class in which the stamp, sign or mark of control cannot be affixed, the person concerned shall, where required to do so, fill in the form specified in order to record the entry.

Article 29. Declaration of entry.

1. They shall have the obligation to declare entry to the Spanish police authorities of foreign nationals entering Spanish territory from a State with which Spain has signed an agreement to abolish border controls. If you do not credit the requirements laid down in the current regulations, your stay in Spain will be irregular.

2. The declaration shall be made in person at the time when the entry is made to the existing police post at the border. In the event that no such police post exists, the entry declaration must be made at any Police Commissioner or Foreign Office within the maximum period of 72 hours from the time of entry into Spain.

3. The general obligation laid down in the first subparagraph is exempt from nationals of other States in respect of which Spain maintains an international undertaking in this respect.

Article 30. Refusal of entry.

1. Foreign nationals who do not meet the entry requirements laid down in this Section shall be refused, by the officials responsible for inspection, to enter the territory of Spain 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 and, where appropriate, an interpreter, which shall begin in the the time when the file initiation agreement is issued that may lead to the refusal of entry.

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 crossed-out, and must remain on the premises intended for the purpose at the border post until, as soon as possible, return to the place of provenance or continue to travel to another country where it is admitted.

3. 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 has 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 shall take the third State from which he has transported him, to the State which issued the travel document with which he has travelled, or to any other third State where admission is guaranteed.

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. In the event of a code-sharing regime being used between air carriers, the liability shall be in solidarity, and in cases where successive journeys are carried out by means of scales, the person responsible shall be the air carrier carrying out the last leg of travel to Spanish territory.

4. The carrier shall be exempt from the obligations referred to in the preceding paragraph where he has brought the frontier by air, sea or land from the territory of another country in which the Convention of implementation of the Schengen Agreement of 14 June 1985.

5. 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 where it is located in

the Convention implementing the Schengen Agreement applies.

6. When travellers are embarking on outside the territory of the countries in which the Convention implementing the Schengen Agreement of 14 June 1985 is in force, the person or persons designated by the transport undertaking as having the effect of designating the transport undertaking shall require all foreigners to present their passports, travel certificates or relevant identity documents for the purpose of verifying their ownership and if they appear to comply with the necessary requirements. The transport undertaking shall be responsible for ensuring that the staff responsible for these tasks have the appropriate knowledge to be able to identify the lack, lack of validity or untruth of the documents indicated.

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 alien with apparently deficient documentation decides to embark or not to leave the vehicle, the driver or companion when arriving at the external border must communicate to the agents (a) control of the identified deficiencies in order to take the decision resulting from it.

SECTION 4.a

VOLUNTARY EXITS AND EXIT BAN

Article 31. Assumptions.

1. In the exercise of the right of free movement, foreigners may voluntarily make their departure from the Spanish territory, except for the cases of Article 28.3 of the Organic Law 4/2000, reformed by Law 8/2000, in which the exit will be mandatory, and the cases referred to in Article 57.7 of the 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 governmental and police authorities who are aware of the facts and the circumstances that are present, and by the competent judicial 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 Subdelegate of the Government, of those cases in which foreign courses are held in criminal proceedings.

Article 32. 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, in the opinion 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, must leave the Spanish territory with such documentation, and must do so within the time limit laid down in the Organic Law 4/2000, reformed by Organic Law 8/2000, established by the International Agreements or within the period of validity of the stay fixed on the visa.

4. Those who are in a situation of stay or extension of stay will have to leave the Spanish territory within the duration of the situation.

Your subsequent entry and stay in Spain will have to be subject to the established procedures.

5. Those who enjoy residence permits may leave and re-enter Spanish territory as often as they need, while the permit and the passport or similar document are in force.

6. By way of derogation from the above paragraphs, you may be issued abroad whose residence permit or residence permit has been lost, a return authorization allowing you to leave Spain and return to the national territory within a period of not more than ninety days, provided that it is established that the applicant has initiated the formalities for renewal of the title which enables him to remain in Spain, within the legal period fixed for that purpose. The return authorization, when the trip responds to a situation of need, will have a preferential treatment.

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 when the initial application for a residence permit.

Article 33. How to effect the output.

1. Upon departure from the Spanish territory, the foreign nationals shall submit to the officials responsible for control in the posts authorized for this purpose the documentation provided for their required verification.

2. If the documentation is found in conformity and there is no prohibition or impediment to the departure of the holder or holders, the stamp, sign or mark of control established shall be affixed to the passport or travel title unless the internal laws or international agreements in which Spain is a party provide for non-stamping, with the result that the passage to the outside of the country will be free after the documentation has been returned.

3. If the exit is made with defective documentation or without documentation or with an identity document in which the stamp, sign or mark of control cannot be affixed, the foreigner shall complete, whenever required for this purpose, in the services control police, the printed form to record the exit.

Article 34. Exit bans.

1. In accordance with the provisions of Article 28.2 of Organic Law 4/2000, reformed by Law 8/2000, 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 subject to a judicial procedure, by the commission of crimes in Spain, except for the assumptions of Article 57.7 of the Organic Law 4/2000, reformed by Organic Law 8/2000, when the judicial authority Authorize your 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 for the assumptions of Article 57.7,

of the Organic Law 4/2000, reformed by Law 8/2000, and those of application of Conventions in which Spain is a party, on the fulfillment of penalties in the country of origin.

(c) Those of foreign nationals who are claimed and, where appropriate, detained for extradition by the respective countries, until the decision has been made.

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

2. The exit bans shall be adopted on an individual basis by the Minister of the Interior, as the case may be, on his own initiative, on a proposal from the Directorate-General of the Police, the Delegate or Deputy Government Delegate, the authorities health, or at the request of Spanish citizens and foreign legal residents in Spain who may be harmed, in their rights and freedoms, by the departure of foreigners from the Spanish territory, and must be notified formally to the person concerned, expressing the remedies against them, the body to which they must present and deadline for bringing them together.

CHAPTER II

Legal regime of the situations of foreigners in Spain

SECTION 1.a

ESTANCE. EXTENSION OF STAY

Article 35. Stay.

1. You are in a situation of stay abroad which, not being the holder of a residence permit, is authorized to stay in Spain for a period of not more than three months in a period of six, without prejudice to the cases of stay. special provisions referred to in Article 7.

2. In the case of entry with a visa, where the duration of the visa is less than three months, the stay in the visa may be extended, which may in no case exceed the maximum stay specified in the previous paragraph.

3. In the case of entry without a visa, where circumstances of a humanitarian, family, health care, public interest or other exceptional circumstances warrant, the stay of a foreigner may be authorised in the Spanish territory beyond three months.

Article 36. Extension of stay. Submission of the application.

1. The foreigner who, having entered Spain for purposes other than work or establishment, is in the period of stay indicated in Article 30 of the Organic Law 4/2000, reformed by Law 8/2000, may request extension of stay.

2. The application shall be formalised in the forms authorised by the Ministry of the Interior and shall be accompanied by the following documents:

(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 person concerned.

b) Accreditation of the reasons given for the application, in the case of entry without a visa.

c) Three recent photographs in color, in white background, meat size.

d) Proof that you have adequate means of life for the extension time you are requesting, in the terms of Article 24 of this Regulation in relation to the entry.

e) To be guaranteed health care, taking into account the provisions of Article 12 of the Organic Law 4/2000, reformed by Organic Law 8/2000.

3. In the case of entry without a visa, the period of stay added to that of the extension granted may not exceed six months, and it will be necessary, in order to obtain the extension of stay, the concurrence of reasons of exceptional character so that justify it.

4. In the case of entry with a visa, the period of validity of the stay granted on the visa added to that of the extension granted shall not exceed three months in a period of six months.

5. The applicant must personally identify himself to the Office of Foreigners, Superior Chief or Police Commissioner of the locality in which he is located, when making the application or at the time of the processing in which to this effect. was required by the competent body.

Article 37. Issue and refusal. Competition.

1. 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 the Police, to Proposal of the Office of Foreigners, Chief of Police or Police Commissioner, if the following circumstances are present:

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

(b) that the applicant is not subject to any of the prohibitions laid down in Article 26 of this Regulation, nor is it in any of the causes of expulsion or return.

2. 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, after payment of the legally established tax rates, and shall cover the holder of the same and family members who, where appropriate, appear in those documents and are in Spain.

3. The decisions rejecting the extension of stay must be reasoned and must be formally notified to the person concerned, expressing the remedies against them, the body before which they must be submitted and the time limit for (a) to bring them, and to arrange for their departure from 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, in the regulated form in 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 38. Stay in suspected entry or irregular documentation.

Without prejudice to the foregoing articles, the Ministry of the Interior may authorize the stay in Spanish territory, for a maximum of three months in a period of six months, for foreigners who have entered into the with defective documentation or even

without it or by places not authorized to do so, provided that there are humanitarian grounds for this, of national interest or international obligations, being able to adopt in such cases, as precautionary measures, some of the measures listed in Article 5 of the Organic Law 4/2000, reformed by Organic Law 8/2000.

Article 39. Extinction of validity of the extension of stay.

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

(a) Transcourse of the period for which they were granted.

(b) The holder shall incur any of the prohibitions determined in Article 26 of this Regulation.

SECTION 2.a

THE RESIDENCE SITUATION

Article 40. Classification of residence permits.

1. Foreigners who wish to reside in Spain must obtain in advance any of the following residence permits:

a) Temporary.

b) Permanent.

2. Where residence permits are granted for a gainful activity, both on a self-employed basis, the duration of the residence permit, which shall be temporary, shall be identical to that of the work permit.

Article 41. Temporary residence permit and renewal.

1. Temporary residence is the situation which allows to remain in Spain for a period of more than 90 days and less than five years.

2. The temporary residence permit may be granted to foreigners who are in Spain and are in the following cases:

(a) Those who express their intention to establish for the first time their residence in Spain, as well as to those who have previously resided do not meet the conditions laid down for obtaining a residence permit permanent.

This permit will be granted to the foreign national who has sufficient means of living to pay for his living and subsistence expenses, including, where appropriate, those of his family, during the period of time for which the (a) ask for the need for gainful activity, propose to carry out an economic activity on a self-employed or an employed basis and have obtained the administrative authorization to work as referred to in Article 36 of the Organic Law 4/2000; Amended by Organic Law 8/2000, or is a beneficiary of the right to family reunification under the heading 4 of this article.

(b) Those who had such a permit and would not have been able to renew it having remained on a continuous basis in Spanish territory without a residence permit during the previous two years.

(c) Those who credit a continued stay, without a residence permit, in Spanish territory for a minimum period of five years.

(d) Those who credit the continued stay in Spain for a minimum period of three years and in which an exceptional and accredited situation of roots is present, considering as such the actual incorporation into the market of work and family ties with foreign residents or with Spaniards.

3. A temporary residence permit shall also be granted, in the light of the exceptional circumstances that may arise:

(a) To persons considered as displaced persons, as provided for in paragraph 1 of the first provision of the Regulation implementing the Asylum Law, approved by Royal Decree 203/1995 of 10 February.

(b) To those persons whom, having been denied or admitted to processing their application for asylum, the Minister of the Interior has authorized his stay in Spain on a proposal from the Inter-Ministerial Committee for Asylum and Refuge, for humanitarian reasons which are linked to the application of international instruments determining non-refoulement or which, without constituting any of the cases of application of the 1951 Geneva Convention on the recognition of the Statute of Refugee, there is a certain link with the reasons for it.

(c) To persons in whom humanitarian reasons are present, in particular, they have been the victims of acts classified as racist or xenophobic crimes, which justify the need to authorize their residence in Spain.

(d) to persons who cooperate with the Spanish administrative and judicial authorities, or in which there are grounds of national interest or national security, which justify the need to authorize their residence in Spain.

4. Foreigners legally resident in Spain may regroup with them to family members, in accordance with the requirements of Organic Law 4/2000, reformed by Law 8/2000 and in this Regulation.

Family members who will be able to obtain a residence permit due to family reunification, in order to reside with such foreigners in Spanish territory, are those provided for in Article 17.1 of the Organic Law 4/2000, Reformed by Organic Law 8/2000.

The holders of family reunification visas must apply, within the period of validity of the visa, the corresponding temporary residence permit.

The duration of the residence permit granted to these relatives shall be the same as that of the permit granted to the regrouping and its validity will depend on the maintenance of the circumstances that gave rise to its grant, if the spouse who would have acquired the residence in Spain for family reasons and family members with the group, will retain the residence even if the marriage bond that gave rise to the acquisition is broken, provided that the coexistence in Spain with the regrouping spouse for at least two years.

The regrouped spouse will be able to obtain an independent residence permit when:

a) Get an authorization to work.

(b) Credit having lived in Spain with the regrouping spouse for two years, by means of a certificate of registration or consular registration, or by any means of proof admissible in law which, in an effective manner, evidences the continuity of this stay in Spain. This time limit may be reduced if circumstances of a family or humanitarian nature so warrant.

A residence permit may not be granted to a foreigner as a spouse of a foreign resident when another spouse of the foreign resident already has a residence permit.

The children of the regroup will obtain an independent residence permit when they reach the age of majority or when they obtain an authorization to work.

5. Foreigners who have acquired residence by virtue of regrouping may, in turn, exercise the right of regrouping of their own families, provided that they already have a residence permit obtained independently of the residence permit. regroup and accredit to meet the requirements laid down in Organic Law 4/2000, reformed by Law 8/2000 and in this Regulation to proceed to such regrouping.

6. The children, born in Spain, from abroad who are legally residing in the Spanish territory, will automatically acquire the same type of residence permit as any of their parents, without obtaining the visa waiver.

7. The validity of the temporary residence permit obtained for the first time shall not exceed one year, except as provided for in paragraphs 4 and 6 of this Article.

8. Temporary residence permits, whatever their duration, may be renewed at the request of the person concerned if there are similar circumstances to which they were granted, for successive periods of two years each.

The residence permits regulated in this section will be renewed if the circumstances have not changed or if others are present which, in accordance with the provisions of this Regulation, justify their granting. Applications for renewal of such permits shall be resolved and notified within the maximum period of three months as provided for in the first provision of the Organic Law 4/2000, reformed by Law 8/2000, It is understood that such renewal has been granted if, after such a period, the Administration has not given an express reply.

In the event that they have been granted under the provisions of paragraph 3 (b) of this Article, the permits shall be renewed annually, subject to the report of the Inter-Ministerial Asylum and Refuge Commission, which shall assess the existence of the circumstances which led to its granting.

Article 42. Permanent residence permit.

1. They shall have the right to obtain permanent residence permits for foreigners who have been legally resident and on a continuous basis in the Spanish territory for five years, provided that the corresponding exits have not been carried out in a manner irregular, and not affecting such continuity:

a) Absences for holiday periods.

(b) Absences of up to six months, provided that they do not exceed a total of one year.

(c) Absences, duly justified, carried out for family reasons or health care.

2. 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 Social Security system.

(b) Residents who are beneficiaries of an absolute permanent disability pension or great invalidity in their contributory form, including within the protective action of the social security system or benefits similar to the previous ones obtained in Spain and consisting of a life income, not capitalizable, sufficient for its support.

(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, having lost Spanish nationality.

e) That when coming of age they have been under the tutelage of a Spanish public entity for at least the three consecutive years immediately preceding them.

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.

3. The holder of the permanent residence permit shall be obliged to renew the card which documents the same every five years.

Article 43. Application for the residence permit.

1. Applications for residence permits shall be sent to the Office of Foreign Office or, failing that, the Police Commissioner of the locality where she intends to establish her residence abroad, except where a residence permit is requested. (ii) temporary measures for the purpose of the application of the provisions of Article 4 (3) (d) of Regulation (EC) No 101/2003, and in particular Article 4 (3) (d) of Regulation (EC) No 4241/2003.

When the work and residence permits are jointly applied for, the application must be submitted in the places provided for in Article 82 of this Regulation.

2. The application for a residence permit shall be formalised in the form and shall be accompanied by the documentation which is determined in each case in this Regulation according to the type of permit concerned.

3. With one month in advance, at least, to the expiration date of the documents that will regulate your residence in Spain, the foreigners, if you intend to continue residing in Spain, will have to request the corresponding permits, to the effects from.

However, without prejudice to the penalties provided for, the residence permit may be renewed whenever renewal is requested during the three months following the date of its expiry and the rest of the requirements. The renewal shall take effect from the date of expiry of the previous permit.

4. Once the application has been submitted, a copy of the application shall be issued to the applicant, as received, with the application made, as well as the date of its submission.

The receipt of the renewal application, provided that it has been filed within the time limits set out in the previous paragraph, or the copy thereof, in the terms set out in Article 6 of the Royal Decree 772/1999 of 7 May 1999 regulating the submission of applications, letters and communications to the General Administration of the State, the issue of copies of documents and the return of originals and the arrangements for registration offices, extension of the validity of the previous permit until the resolution of the file and the same effects of the file exclusively in the field of foreign investment legislation and permanence.

Article 44. Request for a government report on compliance with the regrouping of the legally required conditions.

1. The legal resident interested in issuing a residence visa for the reunification of a family member, prior to the family member's present application for the visa, must be sent to the governmental authority of the province in which he resides. request for the same accreditable report that it meets the conditions set out in Article 18.1 of the Organic Law 4/2000, reformed by Law 8/2000, as well as that it is the holder of a residence permit already renewed.

2. The request for a government report shall be addressed, in triplicate, to the Office of Foreigners or, failing that, to the Police Commissioner at the place of residence using the officially established, duly completed and signed model.

3. The governmental authority receiving the application shall seal and register the application, incorporating the date and a visa link number to facilitate administrative management between the affected ministerial departments, returning the applicant to the original.

4. The request for the government report shall be accompanied by the following documentation:

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

b) Copy of the residence permit or work and residence already renewed.

c) Accreditation of employment and/or sufficient economic resources to address the needs of the family, including healthcare, in the event of not being covered by Social Security, and taking into account established in Article 12 of the Organic Law 4/2000, reformed by Organic Law 8/2000.

For these purposes, the regroup must provide the following documents:

Three last receipts of salaries or photocopies of quotation sheets in the case of employed persons.

Justification of income of the person in a situation of inactivity. Declaration, if any, of the Income Tax of the Physical Persons corresponding to the previous year in the case of self-employed or employed persons.

Supporting membership and high in Social Security or health care insurance and beneficiaries.

The regrouping may also provide any other document that it deems appropriate in relation to the accrediting accreditation.

By Order of the Ministry of the Interior, the amount payable for such economic resources or means of life may be determined, taking into account the number of persons in charge of the applicant, which he intends to regroup and the evolution of the general price indices.

d) Accreditation of availability of sufficient housing for the regrouping and his/her family.

For these purposes, it must be provided by the regrouping report issued by the Local Corporation that establishes that it has adequate accommodation to meet its own housing needs in the area of residence of the regrouping, taking into account the number of family members. To this end, the corresponding agreements between the General Administration of the State and the Local Corporations will be able to be signed.

When there is no report by the Local Corporation of the place of residence of the regrouping, it must prove these conditions by means of a mixed notarial act of presence and manifestations to prove the characteristics and amplitude of the dwelling.

The report or, failing that, the notarial act, must refer to the following: title to enable for the occupation of the dwelling, number of rooms or dependencies in which the housing is distributed, use to which each of them is intended, number of people who inhabit it and conditions of equipment of the same, in particular those relating to the availability of running water, electricity, system of obtaining hot water and net of drains.

e) In cases of spouse regrouping, signed declaration of the regrouping that another spouse does not reside with him in Spain.

5. The governmental authority shall inform the regrouping that the report has been requested of its meaning and the moment it has been referred to the Directorate-General for Consular Affairs and Protection of Spanish Abroad.

Article 45. Generic documentation for the application of the residence permit or its renewal.

Any application for a residence permit or its renewal must be accompanied by the following documents:

(a) Passport or valid document for entry into Spain or, if applicable, registration card, in force, which shall be returned to the person concerned, kept in the file copy thereof.

(b) If applicable, any means of proof that accredit the prior legal and continuous residence time in Spain, or de facto permanence.

The continued permanence in Spain may be accredited by any means of proof admissible in law that, effectively, evidence the continuity of such permanence.

c) Three recent photographs in color, in white background, meat size.

Article 46. Specific documentation for initial application of the temporary residence permit.

The following documentation must be accompanied to the temporary residence permit applications, presented for the first time:

(a) Visado of residence in force, except in the cases provided for in paragraphs 2 (b), (c) and (d), and (3) of this Regulation, and in cases where the exemption is applicable, in respect of the provisions of Articles 49 and 51.5 of the same.

In the case of a visa waiver request, the application must be accompanied by the supporting documents or evidence that the applicant is included in any of the cases covered by Article 49.2 of the request. Regulation.

(b) A certificate of criminal history 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 for the last five years, and of which he may be exempted from the applicant where circumstances prevent his or her obtaining, or those listed in Article 41.3 of this Regulation, and must, in such a case, provide the corresponding certificate of criminal records issued by the applicant. Spanish authorities. Both for the initial application and for the renewal of the residence permit, the Central Register of Penados and Rebels shall issue the latter certificate of office. The competent authority may also be interested, where it considers it appropriate, to make a history of the person concerned to the authorities of his country and to those of the country or countries in which he has resided for the last five years.

As a certificate of criminal history, the same original submitted for the processing of the visa may be incorporated for the processing of the residence permit.

(c) Official medical certificate, if the applicant has not provided it for obtaining the corresponding visa, if any.

As a health certificate, the same original submitted for the processing of the visa may be incorporated for the processing of the residence permit.

(d) Except in the case of exceptional circumstances of those listed in Article 41.3 of this Regulation, accreditation of sufficient means of life for the period of residence requested, or that such income shall be to be received periodically, and to be guaranteed public or private health care, taking into account the provisions of Article 12 of the Organic Law 4/2000, reformed by Law 8/2000.

The provision of sufficient means of life may be credited, in cases of non-profit making, through the presentation of documentation to verify the possession of a property or the perception of income newspapers, sufficient and adequate, including the provision of property titles, certified cheques, letters of payment, credit cards or bank certification.

It may be determined and, if necessary, revised annually, by Order of the Ministry of the Interior, the amount payable by those economic resources or means of life, taking into account the number of persons in charge of the the applicant and the evolution of the consumer price index.

If the means of life come from shares or units in Spanish, mixed or foreign companies, located in Spain, they shall certify, by means of certification, that they do not carry out any business activity in such companies. and shall make a declaration that it does not carry out such activity in any other.

If the applicant has family members in charge, he/she will have to prove that he has the means of life, guarantees of health care, without prejudice to the provisions of Article 12 of the Organic Law 4/2000, reformed by Organic Law 8/2000, and housing to meet their needs and those of their relatives.

In the case of applications for residence for family reunification, the guarantee of health care will not be required prior to the fact that the family member is eligible for the benefits of the worker's social security. resident, once granted permission.

e) In the event of a residence permit for family reunification, justification should be provided for family ties and, where appropriate, age and legal and economic dependence. Foreign documents relating to this requirement, in order to have effect on the residence permit, must be legalized by diplomatic means or, where appropriate, by the apostille system in accordance with the Hague Convention of 5 October of 1961.

The documentation of the family ties submitted to the Consular Office may be incorporated in the file of the residence permit once legalized.

(f) Supporting documentation, if any, which accredit the concurrence of the circumstances set out in paragraphs 2.b), (c) and (d), and (c) and (d) of Article 41 of this Regulation.

Article 47. Specific documentation for renewal of the temporary residence permit.

You must accompany temporary residence permit renewal requests, the following documentation:

(a) Except in the case of exceptional circumstances of those listed in Article 41.3, and in accordance with the criteria laid down in Article 46 (d) of this Regulation, accreditation of sufficient means of life for the period of residence requested, or that such income is to be received periodically, and to be guaranteed public or private health care, taking into account the provisions of Article 12 of the Organic Law 4/2000, reformed by Organic Law 8/2000.

(b) In the event of a request for renewal of a residence permit by family reunification, justification should be provided for family ties and, where appropriate, age and legal and economic dependence, according to the criteria laid down in Article 46 (e) of this Regulation.

(c) Supporting documentation, if any, which accredit the concurrence of the circumstances set out in paragraphs 2.b), (c) and (d), and (c) and (d) of Article 41 of this Regulation.

d) Justification of compliance with its tax obligations in Spain.

(e) For the purposes of the renewal of residence permits, the Spanish authorities shall issue the corresponding certificate of criminal records of their own motion.

Article 48. Specific documentation for the application of the permanent residence permit.

You must accompany your permanent residence permit applications, the following documentation:

(a) In the case of first application, documentary justification of the fulfilment of its tax obligations in Spain, and accreditation of compliance with the requirements of Article 42.1 of this Regulation.

(b) If you first apply for it and find yourself in any case of Article 42.2 of this Regulation, documentary proof of such alleged, and, if the applicant comes from outside the Spanish territory, residence or, where appropriate, a request for a visa waiver.

(c) The Spanish authorities shall issue the corresponding certificate of criminal records of their own motion.

Article 49. Exemption from the residence visa.

1. Exceptionally, where a foreigner intending to apply for the initial grant of a residence permit does not have the required visa, he may apply jointly to be exempted from it, in accordance with Article 31.7 of the Organic Law 4/2000, reformed by Organic Law 8/2000.

2. Exceptionally, the competent authorities may grant a visa exemption pursuant to Article 51 (5) of this Regulation, provided that there is no bad faith in the applicant and there are any of the following cases:

(a) Foreigners who are not able to provide the visa because they originate or come from an area where there is a conflict or disturbance of a war, political, ethnic or other nature, the magnitude of which prevents the obtaining of the corresponding visa, or in which it has occurred

a natural disaster whose effects are lasting at the time of application of the said visa.

(b) Foreign nationals who cannot obtain a visa for the purpose of involving a danger to their security or that of their family, their transfer to the country of origin or origin, or lack of personal ties with that country.

c) Foreign or disabled minors:

Whether they are children of Spaniards or of foreign legal residents in Spain.

That they are legally subject to the guardianship of a Spanish citizen or institution or of a foreign legal resident in Spain, so that it gathers the necessary elements to produce effects in Spanish territory.

d) Foreigners who are spouses of Spanish or of foreign legal resident, national of a State party to the Agreement on the European Economic Area, provided that they are not separated from law, the circumstances Article 17 of the Organic Law 4/2000, reformed by Law 8/2000 and the coexistence in Spain at least for one year.

(e) Foreigners who are spouses of foreign legal resident, non-national of a Member State of the European Economic Area, provided that they are not in fact or in fact separated, the circumstances of Article 17 The Organic Law 4/2000, reformed by Organic Law 8/2000, is credited with the coexistence in Spain for at least one year, and that the spouse has authorization to reside at least another year.

(f) Foreign nationals who prove to be the direct ascendant or guardian of a minor or incapacitated, when such minor or incapacitated is Spanish, residing in Spain and living at their expense.

g) Spanish nationals who had lost their Spanish nationality.

(h) Foreigners who credit for a disease or impairment that requires health care and makes it impossible for them to return to their country to obtain the visa.

(i) Foreigners to whom the registration card referred to in Article 56 of this Regulation has been granted.

(j) Foreigners who have entered Spain with a residence visa validly issued by the Spanish consular authorities and who have not been able to obtain the corresponding residence permit for reasons other than their will.

k) Foreign nationals of Spanish or foreign nationals residing in Spain who live at the expense of Spain and meet the necessary requirements to benefit from family reunification.

l) Foreigners whose residence in Spain is considered to be in the public interest.

The competent authority to resolve the visa waiver must request prior report from the Directorate General for Immigration and Immigration when there is any doubt as to the criteria to be followed in order to resolve the exemption. visa, as well as the assumptions that may give rise to its procurement.

3. The request for a visa waiver must be stated in the application for a permit or card, and must be directed, according to the model determined by the Ministry of the Interior, to the Office of Foreigners or, failing that, to the Police Commissioner of the place where the applicant intends to fix his residence.

4. For the granting of a visa waiver for any of the reasons set out in paragraphs (a) and (b) of paragraph 2 of this Article, the competent authority may obtain a report from the Directorate-General for Consular Affairs and Spanish Abroad.

5. The competent authorities to grant the visa waiver shall request before issuing a resolution of the relevant police bodies on the veracity of the circumstances alleged by the applicant, as well as, where appropriate, of the competent labour authority to which the application for a work permit or derogation has been submitted, which shall not resolve such a request until the visa waiver is resolved.

In the latter case, the competent authority to resolve the application for a visa waiver shall refer the decision on the application to the labour authority for the purpose of the resolution, in turn, on the request for or exception to work permit.

6. An expulsion decision or a prohibition of entry into the Spanish territory against the applicant shall be a cause of refusal of the visa waiver unless it has been revoked. For these purposes, where there is a prohibition of entry, it will take action in accordance with the provisions of the international conventions on the abolition of border controls in which Spain is a party.

Article 50. Processing of the application for a residence permit.

1. The examination of the dossiers shall be carried out by the bodies referred to in Article 43 (1) of this Regulation, which they shall propose, to the body with competence to resolve the file, which shall be withdrawn from the person concerned. the application if, not gathering the legal requirements or concurring, among others, any of the following circumstances, is required to remedy that fault or to accompany the required documents within ten days, with indication of the declaration of withdrawal, and the latter does not carry out the referred-to or improvement of the request:

(a) That the applicant is an undocumented alien in the sense referred to in Article 34.2 of the Organic Law 4/2000, reformed by Law 8/2000, and except for the submission of the application for documentation referred to in the Article 56 of this Regulation.

(b) The passport or document valid for the entry into Spain of the applicant, or in a separate document, where applicable, the visa requirement granted for residence is not extended, where it is due in accordance with the provisions of the provided for in this Regulation, and unless the application for a visa waiver is submitted.

(c) In the case of the mere reiteration of an application which has already been refused, provided that a change of circumstances which is likely to result in a substantial change in the criterion applicable to the decision of the file is not established.

2. The instruction of the residence permit files for exceptional circumstances shall be carried out by the bodies referred to in Article 43.1 of this Regulation, depending on the exceptional circumstances involved.

3. The competent authority, in order to properly resolve applications for residence permits, may request the reports it deems necessary for the various bodies of the public authorities.

These reports will not be binding, with an interest in their issuance within 15 days.

4. Also, immediately before the draft resolution is drafted, the hearing will have to be completed in accordance with the provisions of Article 20.2 of the Organic Law 4/2000, reformed by Organic Law 8/2000.

Article 51. Resolution of the application for the residence permit and its notification.

1. Government Subdelegates, and Government Delegates in the Uniprovincial Autonomous Communities, will be competent to resolve applications for temporary and permanent residence permits.

The residence permits for exceptional circumstances shall be granted by the Directorate-General of the Police if the reasons referred to in paragraph (d) of Article 41.3 of this Regulation are appreciated.

2. For the granting of residence permits by the competent bodies, it will be necessary for none of the prohibitions laid down in this Regulation to be placed on the persons concerned, without any of the following: cases of expulsion from the Spanish territory, nor are there any other legal, public security, health or similar reasons.

3. The decision terminating the proceedings shall be reasoned and shall express the remedies against it, the body before which they shall be submitted and the time limit for bringing them together. The person concerned shall be formally notified within the maximum period of three months as provided for in the first provision of the Organic Law 4/2000, as amended by Organic Law 8/2000, warning him, if the requested permission, from the obligation you have to leave the Spanish territory in the form provided for in this Regulation, except that you have a permit or authorization to enable you to stay in Spain.

4. If the residence permit for exceptional circumstances is granted for a cause other than those referred to in Article 41 (3) of this Regulation and the holder wishes to carry out a gainful, employment or professional activity, prior to the commencement of such activity, the corresponding authorisation to work in accordance with the requirements and procedure laid down in the rules in force.

5. The competent authority to know the application for the permit or card shall determine, where the foreigner is not in possession of a visa and has made an application for exemption, when he or she has settled the application, if the foreigner is exempted from the visa requirement.

The resolution of the visa waiver request for the conduct of gainful activities shall be the responsibility of the authority to be resolved on the granting of the residence permit in each case.

The resolution of the visa waiver must be motivated in any case, inexcusably indicating, if favourable, the alleged concurrent regulatory that justifies the exemption, from among those listed in Article 49.2 of this Regulation. Regulation, and the interested party will be notified within the maximum general period of three months as provided for in the additional provision of the Organic Law 4/2000, reformed by Law 8/2000.

6. Competition for the renewal of residence permits and for the granting of the return authorisations referred to in Article 32.6 of this Regulation is the responsibility of the bodies responsible for granting them, in accordance with the provisions of the itself.

Article 52. Issue and delivery of the cards.

1. Once the residence permit granted, in the Foreign Register referred to in Article 60 of this Regulation, is registered, a card will be extended to its holder, which will serve to credit the resident status.

2. This card will be given to the interested party, after payment of the legally established tax rates.

3. On the card which is delivered to the holder, only the cause for which the said licence has been granted shall be recorded, where the latter has been the concurrency of the posted situation, provided for in the first provision of the Royal Decree 203/1995 of 10 February.

Article 53. Extinction of the residence permit.

1. The validity of the temporary residence permits shall be extinguished without any administrative pronouncement:

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

b) By express or tacit resignation of the holder. Tacit resignation shall be understood when the person concerned, after having been required to appear in the Office of Foreigners or the Police Commissioner who has followed the file in order to deal with or to surrender the card to which he/she is Article 52.2 of this Regulation does not apply to it within three months of the date on which that requirement was lawfully applied, unless the person concerned proves that the failure to appear was due to justified reasons.

(c) The foreign resident must be obliged to renew the permit, in accordance with the provisions of Article 24 of the Treaty, in accordance with the provisions of Article 24 of the Treaty. the Organic Law 4/1981, of 1 June.

d) For the continued existence of Spain outside Spain for more than six months in a period of one year.

e) For the inclusion in any of the alleged entry bans provided for in Article 26 of this Regulation.

2. The temporary residence permit shall be extinguished by a reasoned decision of the governmental authority competent to grant it, in accordance with the procedures provided for in Royal Decree 1778/1994 of 5 August, which are in accordance with Law No 30/1992, On 26 November, the Legal System of Public Administrations and the Common Administrative Procedure, as amended by Law 4/1999 of 13 January 1999, the rules governing the procedures for granting, modifying and extinguishing authorizations, when the concurrency of any of the following circumstances is noted:

(a) Allow the foreign resident to have sufficient economic resources or adequate means of life, guaranteed health care, taking into account the provisions of Article 12 of the Organic Law 4/2000, reformed by Organic Law 8/2000, or adequate housing, without being able to dispose of them within three months of the notification in relation to that circumstance, unless the residence permit has been granted for exceptional circumstances.

b) Change or lose your nationality, without prejudice to the possibility of acquiring another residence permit in the light of new circumstances.

c) Disappear the circumstances that served as the basis for your concession.

(d) The serious inaccuracy of the claims made by the holder to obtain such a residence permit is verified.

e) Stop holding 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 document analogue.

3. The validity of permanent residence permits shall be extinguished:

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

(b) By a reasoned decision of the governmental authority responsible for granting it, in accordance with the procedures laid down in Royal Decree 1778/1994 of 5 August 1994, in accordance with Law No 30/1992, of the Legal Regime of the Public administrations and the Common Administrative Procedure, as amended by Law 4/1999, the rules governing the procedures for granting, modifying and extinguishing authorizations, when the serious inaccuracy of the claims made by the holder to obtain such a residence permit.

(c) By a reasoned decision of the competent governmental authority, in accordance with the procedures laid down in that Royal Decree 1778/1994 of 5 August 1994, when it is included in one of the alleged prohibition of This is the case in relation to the provisions of Article 57.5 of the Organic Law 4/2000, which was reformed by Organic Law 8/2000.

d) For the continued existence of Spain outside Spain for more than six months in a period of one year.

SECTION 3.a

STUDENTS

Article 54. Foreign students.

1. Foreigners wishing to benefit from the scheme provided for in Article 33 of Organic Law 4/2000, reformed by Law 8/2000, must:

(a) Request the corresponding stay visa, before your arrival in Spain, before the Spanish Diplomatic Missions or Consular Offices, in your country of origin or residence, providing the academic documentation accreditative of the studies already overcome.

b) Obtain the authorization of stay for studies to be requested before the Office of Foreign Nationals, Superior Chief or Police Commissioner of the locality where you are, once in Spanish territory, authorization that will enable it to remain for as long as it is determined. Such authorisation shall not be required if the duration of the studies is less than six months and the foreign national has obtained the visa referred to in the last subparagraph of Article 7 (4).

2. In order to obtain the permit to stay for study, it must be documented that:

(a) Meet all the requirements for entry and stay in Spain, including the visa, specifically granted to study or extend studies in any officially recognized public or private centers.

(b) They have been regulated in any Spanish, public or private educational or scientific institution, officially recognized, for the purpose of studying or extending studies or carrying out research or training, not paid in the labour market, with an indication of a timetable involving assistance and a duration of not less than three months, including the approved curriculum, research or training.

(c) In the case of under-age students, when they are not accompanied by their parents or guardians, they will also be required to travel to Spain to carry out the studies, including the and the planned period of stay.

(d) They are 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.

3. The rules laid down in this Regulation for the extension of stay shall be followed in the granting of the authorization to stay for study, but the duration and periodicity of the studies shall be taken into account for the duration of the stay. It will cause the cessation of the activity for which it was granted, as established in Article 33 of the Organic Law 4/2000, which was reformed by Law 8/2000.

The validity of the stay permit may be limited to the duration of the studies, research or training and, if the card is longer than twelve months, the card shall be renewable annually, as provided for in Article 33.3 of the The Organic Law 4/2000, reformed by Organic Law 8/2000.

In any case, for the renewal of the authorization of stay for study, in addition to the requirements of paragraph 2 of this article, except the presentation of the visa, it will be necessary to present a certificate of the (a) the institution where its studies are carried out which accredit compliance with the relevant requirements for the continuity of the same or a favourable report on the development of the research.

4. Except for the specialties provided for in the preceding paragraphs, foreign students shall be subject to the legal regime established for foreigners in general in the Organic Law 4/2000, reformed by Law 8/2000, and in the This Regulation shall not be authorised to establish or work in Spain, without prejudice to the provisions of Article 79,1 (a) of this Regulation.

Article 55. Relatives of foreign students.

1. Foreigners who have obtained a visa for studies leading to a degree with academic validity or for research, or who are in Spain in the course of studies regulated in the previous article may apply for the corresponding stay visas for their relatives to enter and remain legally in Spain for the duration of such studies or research, not requiring a prior period of stay to the foreign student, and may be requested such visas at any time from the application of the student's study visa or investigator.

2. The term "family" shall mean, for these purposes, the spouse and children under the age of eighteen or disabled, and may, exceptionally, extend to other relatives if circumstances of a humanitarian nature are to be justified.

3. The relatives of the foreign student or researcher who have the visa referred to will, in Spain, apply for a stay to stay legally in Spanish territory during the same period, with the same status as the student. or investigator, and related to that statute.

SECTION 4.a

UNDOCUMENTED

Article 56. Undocumented aliens.

1. In the case of illegal aliens, referred to in Article 34.2 of Organic Law 4/2000, reformed by Law 8/2000, the form provided for in this article and the following article will be carried out.

2. The request for documentation shall be made as soon as the documentation has been filed or the previous documentation has expired.

3. The request must be submitted, in person and in writing, to the Commissioner-General for Foreign Affairs and Documentation of the Directorate-General of the Police or to a Senior Chief, Provincial Commissioner, local Police Commissioner, or Office of Foreigners.

4. In the police departments 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, nationality, if any, and personal circumstances, for the purpose of which these dependencies are based on the information they carry out, and shall prove that it cannot be documented by the Diplomatic Mission or the corresponding Consular Office, if this is the case, by means of a notarial act which allows the requirement to be recorded and not addressed.

In the case of applicants for residence permits due to 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 Office. Consular posts, in cases where serious reasons are alleged to prevent their appearance in those cases, which may be obtained, for these purposes, from the Asylum and Refuge Office.

5. For the purpose of carrying out such information, the person concerned shall provide the references that he has and shall collaborate diligently with the investigating police agencies, in order to carry out his verification.

6. Once the initial information has been made, provided that the foreigner is not in any of the alleged prohibition of entry into Spain referred to in this Regulation or expulsion from the Spanish territory, as determined in Article 57 of the The Organic Law 4/2000, reformed by Organic Law 8/2000, if it wishes to remain in Spanish territory, will be granted by the Subdelegate of the Government, or Delegate of the Government in the Autonomous Communities of the Autonomous Communities, in the Autonomous Community find a provisional identification document, which will enable you to stay in Spain for three months, period in which the provincial or local police offices are to complete the information on their background.

7. The Minister of the Interior may adopt, in these cases, on a proposal from the Directorate-General of the Police, for reasons of public safety, on an individual basis, some of the measures provided for in Article 5 of the Organic Law 4/2000, Reformed by Organic Law 8/2000.

8. The information was completed, except that the foreigner was not present in any of the alleged prohibition of entry or expulsion, prior to the payment of the tax rates that legally correspond, the Subdelegate of the Government, or Delegate of the Government in the Autonomous Communities of the Autonomous Communities, in the event that the one wishes to remain in Spain, they will have their registration in a special Section of the Registry of Foreigners and they will equip them with a Cedula of Enrollment in a printed document, that it shall be renewed annually and the characteristics of which shall be determined by the Ministry of Interior. The Directorate-General of the Police shall issue certifications or reports on the extremes appearing in that Special Section for presentation to any other Spanish authority.

9. 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, reformed by Law 8/2000, and in this Regulation.

10. The alien to whom the Enrollment Bedula has been granted may apply for the corresponding residence permit, in accordance with the provisions of Section 20 of this Chapter.

11. The Enrollment Card will be valid, without the need for an express resolution, when the foreigner is documented by any country or the country acquires the Spanish or other nationality.

12. The public entity that exercises the protection of undocumented foreign minors will represent the child in all the necessary actions for its documentation.

Article 57. Travel title for departure from Spain.

1. To foreign nationals who are in Spain and who are documentary proof of an exceptional need to leave the Spanish territory, they cannot be provided with their own passport, because they are in one of the cases specified in Article 34.2 of the Treaty. The Organic Law 4/2000, reformed by Organic Law 8/2000, after the procedures regulated in the previous article, can be issued by the Directorate-General of the Police a travel title for the countries specified, foreseeing the return to Spain unless the object of the travel title is exclusively to enable the return of the applicant to the country of nationality or residence of the applicant, in which case the document shall not contain an authorisation to return to Spain.

2. The travel title shall have the maximum validity and limitations which shall be determined in each individual case for use as expressed therein, and shall be issued in accordance with the model determined by the Order of the Ministry of the Interior.

SECTION 5.a

FOREIGN CENTRAL REGISTRATION

Article 58. Identity number of foreign nationals.

1. In accordance with the provisions of Article 4 of Organic Law 4/2000, reformed by Organic Law 8/2000, foreigners who obtain any kind of extension of stay or document that enable them to stay in Spanish territory, those to whom an administrative file has been initiated pursuant to the provisions of the legislation on aliens and those who, for their economic, professional or social interests, relate to Spain, shall be endowed, for the purposes of identification, of a unique, unique, sequential-character personal number.

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

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

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

(b) To document the reasons why they request the allocation of that number.

4. The provisions of the preceding paragraph shall also apply to the application of certificates of resident and non-resident, issued by the Directorate-General of the Police.

Article 59. Documentation of foreigners.

1. All foreigners with a permit or authorization to remain in Spain will be provided with a document containing the type of permit or authorization granted to them.

The Interior Ministry will dictate the provisions necessary to determine the characteristics of this document, prior to the report of the Inter-Ministerial Committee on Foreign Affairs.

The Foreign Card is the exclusive document intended to document foreigners in a situation of legal permanence in Spain, to whose end the recipients of the same must complete the actions to be established for delivery.

This Card credits the legal permanence of foreigners in Spain, their identification and that has been granted, in accordance with current regulations, authorization or recognized the right to remain in Spanish territory by a period of more than three months.

The Foreign Card is personal and non-transferable, corresponding to its holder the custody and preservation of the document.

However, children or persons represented under the age of not emancipated or disabled may appear on the card corresponding to the father, mother or legal representative, if requested by them, without prejudice to the may be the holders of an independent document.

2. The holder of the Foreign Card may not be deprived of the document, except in the cases of extinction of the effects of the authorization by any of the causes established legally or regulentarily, or of loss of the right to remain in Spanish territory.

3. Foreigners are required to keep the passport or document with which they have entered Spain and, where appropriate, the document referred to in the first paragraph of this Article, as well as to display them when required by the authorities or their agents.

4. The Foreign Card shall have the same period of validity as the authorization or recognition of the right to justify its issue, losing its validity when the authorization is produced, for any of the reasons (a) the rules laid down in the application or, where applicable, the loss of the right to remain in Spanish territory.

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 Foreign nationals are obliged to hand over the document to the Police Commissioner or to the police services at the Foreign Offices, corresponding to the place where they reside, including those belonging to the police. the asylum system, unless they are domiciled in Madrid, in which case they must do so in the Office of Asylum and Refuge.

The loss, destruction or misuse of the Foreign Card, as well as the modification of any of the circumstances, both personal and work and family members of the holder who determined their expedition, will carry with the issuing of a new card, at the request of the person concerned, which shall not be considered as renewal and shall be valid for the duration of the replacement.

Any changes that would result in changes to the legal stay in Spain of the holder of the Foreign Card, as well as their employment status, will determine the issue of a new card adapted to the change or alteration, with the effect of determining the decision granting such notifications.

5. It is up to the Directorate-General of the Police to organise and manage the services of the issuing of the cards of foreigners and, through these, in the Police Commissaries or Foreign Offices in which the the administrative file or the notification by which the right is recognized or authorized to remain in Spain, its expedition and delivery to the person concerned, who shall prove to them to be the addressee of the document and to have made the payment of legally established tax rates.

The issue and delivery of the cards of foreigners for the granting of asylum from the homes in Madrid will be carried out by the police services in the Office of Asylum and Refuge.

6. 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 60. 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) Visa exemptions.

e) Enrollment data.

f) Residence permits.

g) Work permits and authorizations to work.

h) Inadmissions to be processed, granted and denied asylum.

i) Concessions and denials of stateless status.

j) Changes of nationality, domicile or alterations of family or work circumstances determining their legal status.

k) Limitations of stay.

l) Precautionary measures taken, administrative violations committed and sanctions imposed in the framework of the Organic Law 4/2000, reformed by Law 8/2000, and this Regulation.

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

n) Exit bans.

or) Administrative or judicial expulsions.

p) Returns.

q) Mandatory outputs.

r) Return entitlements.

s) Foreign identity number certificates.

t) Input and Stay Authorizations.

2. Likewise, in the Directorate General of the Police, there will be a Registry of Foreign Minors in a legal situation, which is a matter of purely identifiers, in which it will contain:

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

b) Your decadal impression.

c) Photograph.

d) Host Center where you reside.

e) Public body under whose protection it is located.

f) Result of age determination bone test, according to report from the Medical Clinic Forensic.

g) Any other data of relevance to the aforementioned identifier effects.

The competent services for the protection of minors referred to in Article 35 of Organic Law 4/2000, reformed by Law 8/2000, when they are aware that a minor is in a situation of distress, must communicate, as soon as possible, to 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 preceding paragraph.

3. The information contained in the Register referred to in paragraph 1 of this Article shall be made available to the public authorities ' bodies for the exercise of powers in the field of foreign affairs, as well as to those concerned, in accordance with the provisions of the Organic Law 15/1999 of 13 December, the Protection of Personal Data, in Law 30/1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, as amended by Law 4/1999, and in its implementing rules.

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

Article 61. Changes and changes of situation.

Communication.

1. Foreign holders of a permit or card certifying their legal stay in Spain will be obliged, within one month, to bring to the attention of the Office of Foreigners or Police Commissioner corresponding to the place where they reside. changes of nationality and habitual domicile, as well as, where appropriate, changes in family circumstances or other legal or regulatory arrangements for obtaining the relevant permits. Also within the same period of time, they shall communicate to the competent authority any changes in their employment status, where appropriate. Such communication shall be accompanied by the documents certifying those changes.

2. In addition, foreigners referred to in the preceding paragraph, provided that they are required by the competent authorities, must communicate to them within a period of 15 days from the date of the request. modifications of the determining circumstances of their situation, in the form provided for in the Laws.

3. In the order, the authorities concerned must mention the legal precepts that they authorize to demand the communication and in which they are attributed to those competences with such object.

SECTION 6.a

FOREIGN MINORS

Article 62. Foreign minors in distress.

1. In cases where the State Security Forces and Corps are aware of or locate an undocumented alien whose age minority cannot be established safely, it shall inform the Child Protection Services for which, if necessary, give it the immediate attention it requires, in accordance with the law of the legal protection of the child, putting the fact to the immediate knowledge 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, they will carry out the necessary tests.

2. Determined age, if it were a minor, the Fiscal Ministry will make it available to the competent Child Protection Services.

3. If, during the age-determination procedure, the child requires immediate attention, the State Security Forces and Corps shall request the child's Child Protection Services.

4. The General Administration of the State, in accordance with the principle of family reunification of the child, after having heard the child, and prior to the report of the Child Protection Services, shall resolve the return to his or her country of origin or the one where their relatives were found, or, failing that, about their stay in Spain.

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 must provide the governmental authority with any information it may know concerning the identity of the child, his or her family, his country or his home, as well as to communicate the steps taken by him. could be done 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 is competent to carry out the procedures concerning the repatriation from Spain of a foreign minor in distress, according to the civil legislation, acting through the Government delegations and sub-delegations, through the Provincial Foreign and Documentation Brigades, which will contact the General Commissioner for Foreign Affairs and Documentation to take the necessary steps to the corresponding Embassies and Consulates, in order to locate the relatives of the or, failing that, the child protection services of his or her country of origin which are responsible for them.

If there is no diplomatic representation in Spain, these efforts will be channeled through the Ministry of Foreign Affairs.

Once the child's family is located or, failing that, the child protection services of his or her country will be returned after verification that there is no risk or danger to the child's integrity, persecution or that of their family members.

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.

The repatriation of the child will be agreed upon by the Government Delegate or the Deputy Government Delegate, when they have the power delegated to do so, and executed by the officials of the National Police Corps.

Repatriation will take place at the expense of the family of the child or the child protection services of your country. If not, the diplomatic or consular representative of his country shall be notified of these effects.

Subsidiary, the General Administration of the State will take charge of the cost of repatriation.

5. Nine months after the child has been made available to the competent Child Protection Services referred to in paragraph 2 of this Article, and once the repatriation has been attempted with his or her family or the country of origin, if If this has not been possible, the residence permit referred to in Article 35.4 of the Organic Law 4/2000, reformed by the Organic Law 8/2000, will be granted.

6. In the case of minor asylum seekers, the provisions of the fourth paragraph of Article 15 of the Implementing Regulation of Law 5/1984 of 26 March on the rule of law on asylum and refugee status, as amended by the Law 9/1994 of 19 May, approved by Royal Decree 203/1995 of 10 February.

Article 63. Programs for the temporary displacement of foreign minors.

The coming of foreign minors to Spain, in programs promoted and financed by public administrations, non-profit associations or Foundations, for humanitarian reasons for temporary stays for the purpose of education, medical treatment or holiday enjoyment, you will need the express authorisation of the person holding the parental authority or guardianship, as well as a favourable prior report of the Deputy Government Delegate, or Government Delegate in the Communities Single-provincial autonomous regions, in the territory of which they are to remain.

The report of the authority of the Community or Autonomous Communities competent in matters of child protection, issued at the initiative of the promoter of the program, will be required.

The Ministries of Foreign Affairs and Interior will coordinate and authorize the coming and stay of these minors, and the latter Department will monitor the return of these minors to the country of origin or origin.

In all cases, if minors are to be welcomed by 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 favour the child. return to their country of origin or origin.

The temporary stay for study will end at the end of the academic year, at which time, unless exceptional reasons prevent it, the minor must return to his country. In the event that further studies are to be continued for more than one academic year, the child must be included in a new programme.

The requirements and requirements of this Article shall be deemed to be met, for the purposes of granting the visa, through the favourable report of the Deputy Government Delegate or Government Delegate in the Autonomous Communities. (a) the first paragraph of this Article is referred to in the first paragraph.

CHAPTER III

Work permit and special regimes

SECTION 1.a

GENERAL RULES

Article 64. Scope of application.

1. The work and employment arrangements of foreigners in Spain will be regulated by the provisions of Chapter III of Title II of Organic Law 4/2000, reformed by Law 8/2000, and in this chapter.

2. For the purposes of applying this Regulation, a foreign worker is considered to be a natural person who, without a Spanish nationality, pursues or tries to pursue a gainful, employment or professional activity in Spain, on his own account or No.

Article 65. Contingent of foreign workers.

1. It is for the Ministry of Labour and Social Affairs to propose the number and characteristics of job vacancies which may be covered annually by foreign workers, in accordance with Article 39 of the Treaty. of the Organic Law 4/2000, reformed by Organic Law 8/2000.

2. For the purpose of determining annually the number of foreign workers who are required, according to the specific territorial areas and sectors of activity, the INEM Provincial or Island Executive Committee shall analyse each year the number of foreign workers. The Committee on Employment and the Internal Market will consider that it will not be able to cover itself in the national labour market, as well as the general employment situation of the province, and will draw up a proposal specifying the number and characteristics of the workers ' professionals who are required, according to the sectors of activity. In those Autonomous Communities in which the Public Employment Services have not been transferred, a representative of the Autonomous Community shall be a part of that Commission. The Directorate-General for Migration Management may participate in a voice but without a vote at the meetings of such committees.

3. The proposal of the Executive Committee shall be elevated to the Subdelegation of the Government or to the Government Delegate in the uniprovincial Autonomous Communities, who, with the corresponding report, will forward it to the Directorate-General for Migration.

For the final determination of the quota, the Ministry of Labour and Social Affairs shall consider the estimate of the number of tenders to be covered by persons to whom the national employment situation does not apply, as as provided for in Article 71 (1) of this Regulation.

4. The Ministry of Labour and Social Affairs, taking into account the proposals and reports mentioned in paragraphs 2 and 3 of this article, the proposals raised to the Government by the Autonomous Communities, in accordance with Article 39 of the Law Organic 4/2000, as amended by Organic Law 8/2000, as well as data from other reports prepared in this respect, in particular from other ministerial departments, will draw up the proposal for the determination of a quota, which will be presented to the Interministerial Committee of Foreign Affairs to report on the the origin of the approval of that quota to the Government, without prejudice to the implementation of the most appropriate programmes to promote geographical mobility.

5. The Government will proceed to adopt the corresponding Agreement, after hearing the Higher Council of Immigration Policy and the most representative employers ' and trade union organizations, which will know the proposal for the determination of the the quota referred to in paragraph 4 of this Article, once reported by the Interministerial Committee for Foreign Affairs.

6. The distribution of the quota in each province shall be carried out within the framework of the criteria laid down in the Government Agreement approving the quota, with the cooperation of the Provincial Executive Committee referred to in paragraph 2 of this Article. Article.

It is for the Directorate-General for the Management of Migration to guide the mechanisms to enable the selection of workers in the countries of origin, taking into account, where appropriate, the Conventions or Agreements The international community has also been able to participate in this selection.

7. The work contracts to be managed through the quota shall contain at least the aspects referred to in Article 2.2 of Royal Decree 1659/1998 of 24 July.

8. Work contracts to be managed through the quota must be signed by foreigners who are not resident in Spanish territory.

9. The quota to be fixed for the activity of the domestic service shall take into account the special conditions of this employment relationship.

10. The processing of work and residence permits shall follow the general rules of this Chapter, with the exception of the management of the job vacancies by the Public Employment Services, with the specific features which the Government introduces for adapt the management of the quota to the needs of the national labour market.

11. Applications for work permits relating to job vacancies which may be covered by the annual quota shall be processed in accordance with this procedure, except in the cases referred to in Articles 68, 71 and 79 of this Regulation.

SECTION 2.a

AUTHORIZATION FOR THE REALIZATION OF LUCRATIVE ACTIVITIES

Article 66. Need for authorization for the performance of gainful activities.

1. Foreigners over the age of 16 who wish to pursue any gainful employment, employment or professional activity in Spain must obtain the appropriate administrative authorization to work on the basis of the Article 36 (1) of the Organic Law 4/2000, reformed by Organic Law 8/2000.

2. As provided for in Article 36 (3) of the Organic Law 4/2000, as amended by Law No 8/2000, no employer or employer may hire a foreigner who is not authorised to work in Spain, unless it has been except for the obligation to provide the work permit, in accordance with the provisions of Article 41 of the Organic Law itself or in accordance with the provisions of the Treaties and international conventions concluded by Spain.

3. The authorization to work will be credited with the corresponding work permit, administrative authorization or through the documents that are specifically determined.

4. It shall also provide for the exercise of a gainful, employment or professional activity, the identity document of the stateless persons who are in the national territory, of the refugees and of the family members to whom the residence has been authorised.

5. Where special circumstances give advice, the Directorate-General for Migration Management may grant work permit validity to those official or private documents which meet the conditions to be determined.

6. The Ministry of Foreign Affairs is empowered, in agreement with the Ministry of Labour and Social Affairs, to determine the conditions to be met by persons falling within the scope of Article 2 of the Organic Law 4/2000, Reformed by Organic Law 8/2000, for the purpose of carrying out gainful activities.

Article 67. Non-resident employers in Spain.

When the company or employer, on whose account the foreign worker carries out his activity, does not have his residence in Spain, he will have to appoint a representative in Spain to guarantee compliance with the legal obligations.

Article 68. Exceptions to the work permit.

1. They shall be exempt from the obligation to obtain work permits for the exercise of the activities that motivate the exception of persons who, being included in Article 41 of the Organic Law 4/2000, reformed by Organic Law 8/2000, comply with the the conditions set out in this Article:

(a) Technicians, researchers and foreign scientists, invited or hired by the General Administration of the State and its Public Bodies, in particular those of research, the Autonomous Communities or the Local Authorities.

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

They will also have this consideration the Licensas in Medicine and Foreign Surgery which, being in possession of the corresponding Spanish or foreign title duly approved, carry out specialization studies in Spain, according to specific regulation.

b) Teachers, technicians, researchers and foreign scientists invited or hired by a Spanish University. It is considered as such to foreign teachers who, being in possession of the appropriate academic qualification, are invited or hired by a Spanish University to develop teaching tasks.

c) A foreign faculty or faculty member of cultural institutions or teachers dependent on other States, or private, of accredited prestige. Foreign nationals in whom the following circumstances apply may be eligible for the derogation:

1. To occupy positions of management or teaching and to limit their occupation to the exercise of the indicated activity in foreign cultural institutions or teachers based in Spain.

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

3. In the case of private institutions, the prestige shall be deemed to be accredited where the institution and the activities carried out have been officially recognized by the competent authorities, and the diplomas or diplomas issued by the competent authorities international recognition.

d) Civil or military officials of foreign state administrations. In these cases, civil or military civil servants from foreign state administrations who have been appointed by their respective States to carry out activities in Spain under an agreement of cooperation in which the Spanish authorities are parties.

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 special envoys.

f) Members of international scientific missions carrying out works and research in Spain authorized by the Ministry of Science and Technology. 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.

g) Artists who come to Spain to perform specific actions that do not involve a permanent or 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 days of discontinuous performance over a period of 12 months.

h) Ministers, religious or representatives of the different churches and confessions. This consideration will be given to people who meet the following requirements:

1. They belong to a church or confession that is duly registered in the Registry of Religious Entities of the Ministry of Justice.

2. Having, after verification of the Ministry of Justice, the status of ministers of worship, religious or representatives of the various churches and confessions, having professed or carried out the studies required for it, according to the rules internal to them, and they are invested and empowered to exercise their ministry or to administer the sacraments.

3. That the activities to be carried out in Spain are strictly religious, because they are directly related to the cult, to be merely contemplative or to respond to the mission's own mission and characteristic of the Order.

4. That they do not intend to carry out paid activities, even if they correspond to the mission of their church or confession, nor are they persons associated with an order, confession or religion that they have not yet professed, even if they temporarily carry out activities of pastoral character, as well as students, applicants, novices and associates, even if they carry out activities aimed at subsequently acquiring the status of ministers, priests or religious, or carry out an activity or temporary service in compliance with their religious statutes.

i) foreigners who are part of the organs of representation, government and administration of the internationally approved trade unions, provided that they limit their activity to strictly union functions.

This consideration will be given to people who credit their condition by certifying the maximum representation of the union in their country of residence.

2. 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 concession, two in the first renewal and two years in the following renewal, if subsist in the circumstances which led to the derogation.

3. The fact that he has been the holder of a work permit derogation shall not create rights for the purpose of obtaining an initial or self-employed work permit.

4. Spaniards of origin who have lost Spanish nationality are exempted from the obligation to obtain work permits for the exercise of any gainful activity on their own or other account.

Article 69. Modes and types of work permits.

The permission to work in Spain may take the following forms and types:

1. Work permit mode for an employee:

(a) Type B (initial): This type of permit may be limited to a particular sector or activity and geographical scope, without prejudice to the right provided for foreign residents in Article 5 of the Organic Law 4/2000, Reformed by Organic Law 8/2000. Its validity will be one year.

b) Type B (renewed): The type B permit (renewed) allows for the development of any activity throughout the national territory for a period of two years. Holders of a type B (initial) permit may obtain this permission at the end of their validity.

c) Type C: Type C permission allows for any activity to be carried out throughout the national territory. It has a validity of two years. Holders of a type B permit (renewed) may obtain this permission at the end of their term.

2. Self-account permission mode:

(a) Type D (initial): This type of permit may be limited for the exercise of a particular activity and for a given geographical area, without prejudice to the right provided for foreign residents in Article 5 of the Organic Law 4/2000 reformed, by Organic Law 8/2000. Its validity will be one year.

b) Type D (renewed): Type D permit (renewed) authorizes the exercise of any activity throughout the national territory for a period of two years.

You can obtain this permission from the holders of a type D (initial) permit at the end of its term.

c) Type E: The type E permit authorizes to develop any activity throughout the national territory.

It is valid for two years. Holders of a type D permit (renewed) may obtain this type of permission at the end of their validity.

SECTION 3.a

PERMISSION INITIAL GRANT AND RENEWAL REGIME

Article 70. Initial grant of work permits.

1. For hire.

1.1 Without prejudice to other Articles of this Regulation, the following elements shall be taken into account for the granting of the per-work-work per person employed:

(a) Impairment of workers throughout the national territory, both Spanish and Community or foreign authorized to work, trained for the performance of the profession or job requested by the company.

b) That the management of the offer of employment necessarily presented to the public employment service has been concluded with a negative result. In this respect, the public employment service responsible for the management shall, within a maximum of 15 days, issue a certificate expressing the absence of the applicants for employment available to meet the offer.

However, for the purposes of this subparagraph (b), the competent authority to resolve the work permit may replace the requirement of this individual certificate with a generic certification of the public employment service, on the lack of available workers to fill certain jobs, taking into account the outcome of the management of similar offers in the previous three months. Such certification shall be valid for two months.

It is up to the employer or employer to credit that, prior to the initial work permit application, he has urged the management of the offer.

c) The reciprocity regime in the country of origin of the foreign country.

1.2 In the border area of a border state, account will also be taken of the existence of border workers trained to perform the profession or job requested by the company.

1.3 Work permits may be granted on behalf of others in the terms of the proposals which may be made by the relevant public employment services. These proposals shall specify the sectoral and territorial scope to which the work permits to be granted shall be restricted and shall supplement the forecasts of foreign labour which have been taken into account in the fixing of the of the contingent of foreign workers referred to in Article 65 of this Regulation, without the permits granted by this procedure to be taken into account for the purposes of the quotas.

2. For own account. The following elements shall be taken into consideration for the granting of self-employment permits:

a) Incidence of the activity to be carried out in the creation of employment, capital injection, new technologies or improvement of the production conditions.

b) Sufficiency of the investment to carry out the exploitation of the project.

(c) The applicant brings together the professional qualification required, as well as attesting compliance with the requirements laid down in the specific rules, applicable to nationals for the opening and normal functioning of the the activity in question.

(d) The reciprocity regime in the country of origin of the foreign country.

e) The concurrency of the assumptions referred to in Article 71.1 (a) to (g) of this Regulation.

3. For the purposes of this Article, reciprocity shall be understood and applied as a result of all favourable or limiting provisions to which the Spanish are subject in other countries, both to permit or not to access the labour market as such. to exercise their professional activity, or in respect of the periods of validity of the initial permits issued to the Spanish.

Article 71. Specific assumptions for the granting of work permits.

1. The national employment situation shall not be considered for the granting of a work permit to foreigners who are accredited to be included in any of the following cases:

a) Being a spouse or child of foreign resident in Spain with a renewed permit.

b) Be the holder of a prior authorization of work whose renewal is intended.

(c) The status of refugees during the year following the cessation of the status of refugees, provided that the exception to the obligation to obtain the work permit to be found in the case does not apply to them. provided for in Article 42 (1) of this Regulation.

(d) Have been recognised as stateless and have lost such a condition, provided that they are in national territory and do not apply the exception to the obligation to obtain the work permit to be found in the provided for in Article 42 (1) of this Regulation.

e) To be in charge of ascendants or descendants of Spanish nationality.

f) Haber born and be resident in Spain.

g) Being a child or grandchild of Spanish of origin.

(h) Foreign minors in working age with residence permits who are protected by the competent child protection entity, for those activities which, at the discretion of the aforementioned entity, favour their integration. The Commission has also been able to provide information on the situation in the Member States.

i) Foreign nationals holding a residence permit in accordance with the procedure laid down in Article 41.2, (b) and (c) of this Regulation.

2. Nor will the national employment situation be applied for the following cases:

(a) Workers who have been appointed to fill positions of trust. In this respect, it is considered that those workers who carry out only senior management activities on behalf of the company who are engaged, based on mutual trust and who are legally employed, are considered to be trusted positions. representation of the company or have extended to its favour a general power.

The same consideration will be given to highly qualified workers who, having essential knowledge for the realisation of the investment, 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.

(b) The workers necessary for the assembly or repair of an imported production plant or equipment.

Article 72. Renewal of work permits.

1. The extension of a previous permit, as well as the granting, without a continuity solution, of another work permit of a different kind is understood to be renewed.

2. For the renewal of the self-employed work permits, compliance by the worker, as a responsible subject, of the tax and social security obligations, shall be taken into consideration.

inherent in the exercise of the economic activity concerned, as well as the continuity in the exercise of the activity.

3. In the case of a work permit for an employed person, it shall be renewed at the end of the day if the continuity in the employment relationship which gave rise to the permit to renew is credited.

The renewal of the employment permit will also be carried out when, although the previous employment relationship does not exist, the worker has signed a contract of employment with a new employer or employer and is in a situation high or assimilated to the discharge in the corresponding system of social security.

In the case of a new offer of employment, the usual performance of work activity must be credited in the period of validity of the permit requested to be renewed, appearing in a situation of high or equivalent to that of high level in the corresponding social security system.

4. Those discovered in the social security contribution shall not prevent the renewal of the work permits for an employed person, 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 information discovered in the contribution for the purposes of the action taken.

5. The competent authority shall renew the work permits in the following situations:

(a) Where the foreign national comes in receipt of a contributory unemployment benefit, at least for the duration of the benefit.

(b) Where a public health care delivery is perceived as being intended to achieve its social or occupational insertion or reintegration, at least for the duration of the provision.

6. The renewal of the work permit shall also be carried out when the change of the working permit is requested.

Where the change is self-employed, in addition to the conditions required for the commencement of the business of the business, the conditions laid down in the last subparagraph of paragraph 3 of this Article shall be complied with. as regards the accreditation of work activity during the validity of the previous permit.

Where the change is self-employed, in addition to the corresponding offer of employment justifying the change in the mode of the permit to work, the provisions of paragraph 2 of this Article shall be established. article, with the exception of continuity in the exercise of the activity.

7. Foreign nationals holding a residence permit as a Community citizen or a family member of the Community, or as a refugee or a stateless person, or in the cases referred to in Article 41 (2) (d) and (3) of this Regulation, where they have ceased in such a condition, they may obtain, if they meet the conditions laid down for that purpose, an employed or self-employed work permit of the type corresponding to the time worked as the holder of those residence permits.

Article 73. Modification of the work permits.

1. The authority granting the type B or D work permit (initials) or the competent authority by reason of territorial scope may modify its scope in respect of the authorised geographical activity and scope, provided at the request of its holder and by means of motivated resolution.

2. It will also be necessary to amend the work permits, which are self-employed and conversely, in the case of permits which have already been renewed.

3. Where an amendment to the B (initial) work permit is requested for a change in the sector or activity, the circumstances provided for in Article 70 (1) of this Regulation shall be taken into account.

4. The new permit shall not be considered as renewal and shall be valid only for the duration of the permit it replaces.

Article 74. Refusal of work permits.

1. The competent authority shall refuse the type B (initial) work permit in the following cases:

(a) Where the national employment situation so advises, without prejudice to the specific assumptions set out in this Regulation.

b) Where the conditions laid down in the contract of employment or offer of employment accompanying the application are lower than those laid down by the rules in force for the same activity, category and locality, and in the case of (a) where the remuneration is less than the minimum wage for the duration of the provision of services, where the remuneration is less than the minimum wage.

(c) When the request to employ foreign workers is made by a person who is not legally authorized to reside or work in Spain or when he has not appointed a representative in Spain, if he resides abroad.

(d) When in the twelve months immediately preceding the date of application, the company has written off the positions it intends to cover for dismissal declared judicially null or void or recognized as such in act (a) a conciliation procedure, or redundancies within the framework of Articles 51 and 52 (c) of the Staff Regulations.

(e) Where the requesting employer has been sanctioned by a firm resolution for non-compliance with social legislation, in particular with regard to immigration, in the last three years.

(f) Where the employment contract or the offer of employment is made by an apparent employer, the employer's ability or solvency to deal with the obligations arising out of the contract or not to be guaranteed shall not be credited to the (a) a continuous activity during the duration of the work permit.

g) When, in order to substantiate the request, false documents or inaccurate allegations have been filed.

h) When the pre-gubernative report is unfavorable.

i) When you have been denied the residence visa for work or exemption from it.

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

(k) Where any other cause is deemed to be sufficient grounds by the competent authority, by means of a duly substantiated decision.

2. The following are the causes of denial of the (initial) mode permission:

(a) When it is considered that the projected activity does not favor the creation of jobs, nor does it imply a capital contribution that can contribute to the growth of the national economy.

(b) Where it is not demonstrated that the investment in the projected activity is being made available.

c) The lack of processing and compliance with the requirements that the legislation requires for the opening and functioning of the activity in question.

(d) If any or some of the reasons set out in paragraphs (g), (h), (i), (j) and (k) of the previous paragraph are appreciated.

3. Applications for work permits in the form B and D (renewed) and type C or E, in general, shall be refused where the requirements for renewal are not established in accordance with the provisions of paragraphs 2 and 3 of the Article 72 of this Regulation or circumstances under the circumstances referred to in paragraphs 1 and 2 of this Article, except as provided for in paragraph 1 (a) and (k).

Article 75. Extinction of work permits.

The work permit shall be extinguished by a reasoned decision of the competent authority for granting it, in accordance with the procedures provided for in Royal Decree 1778/1994 of 5 August, in accordance with the Law of Regime Legal of the Public Administrations and of the Common Administrative Procedure the rules governing the procedures for granting, modifying and extinguishing authorizations, when the concurrency of any of the following is found circumstances:

(a) That the submissions made to justify the request were not true.

b) That the conditions imposed for its concession have not been met.

(c) That there has been a final penalty decision for the termination of the benefits which have resulted in the renewal of the work permit, as laid down in Article 72 (5) of this Regulation.

The resolution shall be forwarded to the governmental authority for the purpose of resolving as appropriate in relation to the residence permit.

SECTION 4.a

SPECIAL REGIMES

Article 76. Self-employed or employed leave for cross-border workers. Type F.

This type of permit will be granted to workers who, residing in the border area of a border state to which they return daily, develop gainful, employment or professional activities for their own or others ' own account. the border areas of the Spanish territory to which its geographical scope is limited. It shall have a maximum term of five years and shall be renewable.

In its initial concession and subsequent renewals, the provisions of Articles 70, 71 and 72 of this Regulation laying down the conditions and conditions for the granting of the work permit and the renewal thereof shall be as laid down in Articles 70, 71 and 72 of this Regulation. in the general scheme.

The fact that you have been the holder of a work permit type F will not generate the right to obtain a work permit for your own or foreign account, initial or renewed.

This work permit will be renewed upon expiration as long as the holder continues to be active and the circumstances that led to its granting remain.

F-type permits shall be refused, in addition to the concurrence of any of the general causes laid down in Article 74 of this Regulation, for the loss of the status of frontier worker and may be extinguished in accordance with Article 75 of this Regulation.

Article 77. Work permit in the framework of transnational services. Type G.

1. Authorizes the performance of a gainful activity, in the event of a temporary posting of a foreign worker who, by means of an express employment relationship, is dependent on an undertaking established in a State outside the European Union or the European Economic, in the following assumptions:

(a) Where the posting takes place on behalf of and under the direction of the undertaking, in execution of a contract concluded between the same and the recipient of the provision of services which is established or which carries on its business in Spain, in the case laid down in the fourth additional provision of Law 45/1999 of 29 December 1999 concerning the posting of workers in the framework of the provision of transnational services.

(b) In the case of posting to a working centre in Spain of the foreign company itself or of another company in the group of which it is a party.

2. For the granting of this work permit, account shall be taken of the national employment situation, without prejudice to Article 71 of this Regulation and the following conditions:

(a) That the residence of the foreign worker in the country where the company is located 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 a regular one, at least one year in duration and at the service of that undertaking, at least nine months.

c) That the company that displaces it is a lawful activity in accordance with the national legislation on the employment of foreign nationals.

d) That the company that displaces it guarantees to its workers temporarily displaced to Spain the requirements and working conditions provided for in Law 45/1999, of November 29.

3. This work permit may be limited to specific geographical activity and scope. Its duration shall coincide with the time of posting of the worker with the limit of one year, which may be extended for the same period if the same conditions are established.

4. It is expressly excluded from this type of work permit the displacements carried out in connection with the development of training activities which do not respond to the provision of transnational services and the staff of the companies of the merchant navy.

5. It shall be the grounds for refusal of the work permit, in addition to the failure to comply with any of the conditions laid down in this Article, for the concurrence of any circumstances in the cases referred to in Article 74 of this Regulation and may be extinguished in accordance with Article 75 of this Regulation.

Article 78. Seasonal work permit.

The seasonal work permit can be of the following types:

1. Type A. -This type of work permit authorizes the performance of activities of limited duration, including the assembly of industrial or electrical plants, construction of infrastructures, buildings and electricity supply networks, gas, railways and telephone, facilities and maintenance of productive equipment, as well

like its commissioning and repairs. It may be limited to specific geographical activity and scope.

Its duration will match that of the work contract, with the limit of one year. It may be extended on the basis of the duration of the contract.

To get this type of work permit you need to meet the following conditions:

(a) that the offers of employment have not been covered by workers who are located throughout the national territory, whether they are Spanish, Community or foreign authorized to work, without prejudice to the provisions of Article 71 of this Regulation.

b) That foreigners find themselves residing abroad at the time they are intended to hire them.

c) That the contract of employment be formalized at a time prior to the entry of the worker in Spain.

d) That the employer or his organization assume in addition to the obligations arising from the Spanish labour law, specifically the following:

1.a Dispose of suitable accommodation, which meets the conditions laid down in the regulations in force in the area of accommodation. This obligation may be exempted under the conditions of employment.

2.a Ensure continued activity during the lifetime of the permit to work.

3.a Organize the travel of arrival in Spain and return to the country of origin, assuming, 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.

e) That the foreign worker commits to return to the country of origin, once the employment relationship has been completed.

2. Type T. -This work permit authorizes the performance of seasonal or campaign activities or services and may be limited to specific geographic activity and scope. The duration of the contract shall correspond to that of the employment contract, not exceeding nine months, within a period of 12 consecutive months.

To get this type of work permit you need to meet the following conditions:

(a) that the offers of employment have not been covered by workers who are located throughout the national territory, whether they are Spanish, Community or foreign authorized to work, without prejudice to the provisions of Article 71 of this Regulation.

b) That foreigners find themselves residing abroad at the time they are intended to hire them.

c) That the contract of employment be formalized at a time prior to the entry of the worker in Spain.

d) That the employer or his organization assume in addition to the obligations arising from the Spanish labour law, specifically the following:

1.a Dispose of suitable accommodation, which meets the conditions laid down in the regulations in force in the area of accommodation.

2.a Ensure continued activity during the lifetime of the permit to work.

3.a Organize the travel of arrival in Spain and return to the country of origin, assuming, 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.

e) That the foreign worker commits to return to the country of origin, once the employment relationship has been completed. For the purpose of verifying the return, it must be presented in the same Diplomatic Mission or Consular Office that issued the visa within one month from the end of its authorization to stay in Spain.

Failure to comply with this obligation may result in the refusal of subsequent requests for other types of work permits.

The worker's compliance with his obligations, as well as the accreditation of his return to the competent diplomatic or consular authority, will give him priority to occupy other possible offers that will be generated in the same activity. The fact that they have been hired to work in seasonal activities for four years, consecutive or not, will be an element that will be taken into consideration for the granting of an initial B work permit.

3. It shall be the grounds for refusal of the work permit, in addition to the failure to comply with any of the conditions laid down in this Article, for the concurrence of any circumstances in the cases referred to in Article 74 of this Regulation and where the employer has not acted diligently in order to ensure the return of the workers to his country of origin and may be extinguished in accordance with Article 75 of this Regulation.

4. Where the duration of the work permit is less than six months, the special stay visa shall be sufficient document to legalise the situation of the worker in Spain.

Article 79. Authorizations to work.

1. The national employment situation shall be authorised without regard to foreign nationals who are the holders of the documents specifically relating to the following groups:

(a) Documented foreigners with stay-for-study authorization: These foreigners may be exceptionally authorized to carry out gainful employment activities, provided that such activities are compatible with the carrying out the studies and the income obtained do not have the necessary resources for their livelihood or stay.

Contracts must be formalised in writing and shall be in accordance with the form of a part-time work contract, or a full-time contract, the duration of which may not exceed three months or coincide with the periods of work.

The authorisation granted shall not have any geographical limitations, unless the gainful activity coincides with periods of reading, in which case it shall be limited to the territorial scope of the holder's residence.

The validity of the authorization will coincide with the duration of the work contract and may not exceed that of the duration of the student card, the loss of which will be the cause of extinction of the authorization.

The authorizations to work will be renewed if the circumstances that prompted the previous concession remain, after the student card has been renewed.

(b) Foreign nationals holding a temporary residence permit in the cases provided for in Article 41 (2) (d) and (3) of this Regulation.

The authorisation granted shall permit the pursuit of a gainful, employment or professional activity, whether or not self-employed, and may be limited to specific geographical activity and scope.

The duration of the authorization will coincide with the validity of the residence permit due to exceptional circumstances, with the loss of validity of this permit being the cause of extinction.

The authorization may be renewed upon accreditation of the renewal of the residence permit due to exceptional circumstances.

(c) Foreigners authorised to remain in Spain by means of a document of an asylum seeker under the provisions of Article 13.2 of the Regulation implementing Law 5/1984 of 26 March on the Law of Asylum and the Status of Refugees, approved by Royal Decree 203/1995 of 10 February.

These foreigners may be authorized to work when six months have elapsed without having resolved their application due to circumstances that are not attributable to them.

The authorisation to be granted shall enable for the pursuit of a gainful activity as an employed person in a given activity and geographical area.

The duration of the authorization will match that of the contract of employment, with the limit of six months and its validity will be conditioned to that of the asylum document.

The authorisation shall be renewed if the circumstances determining its initial grant remain, subject to accreditation having obtained the renewal of the asylum seeker's documents.

The refusal of the asylum application will automatically result in the extinction of the authorisation to work.

In the event that the refusal of asylum is accompanied by the agreement referred to in Article 31 (3) of the Asylum Law Enforcement Regulation, approved by Royal Decree 203/1995 of 10 February, it may to grant this agreement validity of authorization to work.

(d) nationals of non-European Union States or the European Economic Area engaged in Spanish vessels registered in the Special Register of Ships and Shipping Companies or Spanish vessels under Agreements International Maritime Fisheries.

An authorization validity shall be granted to work for the enrole of foreign workers on vessels registered in the Special Register of Ships and Shipping Companies engaged in cabotage, foreign or foreign navigation, without prejudice to the provisions laid down in the additional provision, fifteenth, point 6 (a) of Law 27/1992 of 24 November 1992, of Ports of the State and of the Merchant Navy.

In the case of the cabotage navigation, both peninsular and insular, it must be credited by the company owner of the activity, with character prior to the enrole, that the working day, rest, time of boarding, Wage conditions and social security are legally required for Spanish workers.

This accreditation shall be carried out before the labour authority for the issue of the authorisation to work, without prejudice to the verification that, through the procedure for the dispatch of vessels, may be carried out by the Capitanies. Maritime.

For the purposes of the preceding paragraph, cabotage is defined as defined in Article 2.1 (a) and (c) of Regulation (EEC) 3577/92 of 7 December.

In the case of foreign nationals enrolled in Spanish vessels under International Maritime Fisheries Agreements, authorization 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.

e) Foreigners who perform professional and training practices when the following circumstances are present:

1.What Spanish or foreign companies resident in Spain offer to carry out professional or training practices that enable the professional exercise or the performance of a specific job or job.

2.That the foreign persons concerned are nationals of countries with which Spain has concluded Conventions or international agreements in this field or of countries that in fact offer facilities to the Spanish to carry out professional practices within its territory.

3.a that professional practices are carried out in an activity directly related to the studies carried out, or with the job or job that is to be performed.

4.a that a contract of employment be formalized in accordance with the procedures laid down by Spanish labour law for practices and training.

The authorisation will be granted for the duration of the contract of employment, with the limit of twelve months, exceptionally extended for another six months, and will not generate rights for obtaining a work permit by own or other initial account.

2. In addition to the non-compliance with any of the requirements laid down in this Article, it shall be the cause of refusal of any circumstances under the circumstances referred to in Article 74 of this Regulation. The authorisation to work may be extinguished in accordance with Article 75 of this Regulation.

SECTION 5.a

PROCEDURE NORMAS

Article 80. Persons entitled to apply for the initial grant of work and residence permits or their renewal.

They are entitled to apply for a work and residence permit:

(a) The employer or employer intending to employ abroad, in the case of the pursuit of employment activities as an employed person.

(b) The employer or employer, who is a beneficiary of the provision of services by foreign workers, in the case referred to in Article 77 (1) (a) of this Regulation.

(c) The person holding the representation or acting by delegation of the employer or employer residing abroad, in the case referred to in Article 67 of this Regulation.

(d) The foreign country itself, in the case of a work permit for the exercise of self-employed activities and in the cases of renewal of work permits.

Article 81. Documentation required for the initial grant of the permit to work or its renewal.

1. For the initial grant of the permit to work, together with the official model of application, the following documents shall be submitted:

1.1 Referred to foreign worker:

a) Copy of passport, registration card or travel document, in force. In the event that they are expired, a copy of the same and the renewal application must be provided.

b) Three recent photographs in color, in white background, meat size.

(c) Those documents which are justified by the person concerned, whether they are alleged by the person concerned, or some of the specific cases referred to in Article 71 of this Regulation.

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

1.2 In relation to the company that contracts workers:

(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 the representation of the same in favour of the natural person making the application.

(b) Contract of work in which, at least, the aspects referred to in Article 2.2 of Royal Decree 1659/1998 of 24 July 1998, or offer of employment completed in the model established by the Directorate-General for Ordination of Migration.

(c) Where appropriate, a description of the activities of the company and the profile of the job in question, which justifies the hiring or posting of foreign workers.

(d) Similarly, documents deemed necessary to credit the employer's ability or solvency to meet the obligations of the employment contract may be requested.

(e) Certificates of public employment services where the outcome of the management of the tender submitted is collected.

1.3 In order to apply for a self-employment permit, in addition to the requirements of the first paragraph of this article, interested parties must provide the following documents:

(a) Project of the establishment or activity to be carried out, with indication of the expected investment, its profitability and new job creation, unless it is provided with the application for a visa.

(b) Accreditation that the authorisations or licences required for the installation, opening or operation of the intended activity or for the professional exercise have been requested. Prior to the delivery of the permit, it must be established that the required authorisations or licences are available.

1.4 For the granting of type F permits, the documents referred to in the preceding paragraphs shall be submitted, depending on the nature of the activity to be carried out, and the certificate of residence in the border area of the border country.

1.5 For the granting of type G permits, the documents referred to in paragraphs 1.1 and 1.2 above, except paragraphs (b) and (e) of the latter, shall be submitted, together with the supporting documentation of the services between undertakings, the existence of an employment relationship between the worker and the service undertaking and the documentation justifying compliance with the conditions laid down in Article 77 of this Regulation.

2. For the renewal of work permits, in addition to the application of the official model, the following documents shall be submitted:

2.1 Type B and D work permissions (initials) and obtaining C and E type permissions:

a) A copy of the previous work and residence permit.

b) Copy of passport, registration card or travel document, in force. In the event that they are expired, a copy of the same and the renewal application must be provided.

c) Three photographs of the same format as required for the initial concession.

(d) Professional training when the exercise of the activity so requires.

e) Contract of employment or offer of employment, in the case of employed persons.

(f) In the case of a self-employed activity, documents proving the registration and listing of the company to the Social Security, as well as the fulfilment of the tax obligations.

g) In the case of employed persons, documents proving the worker's affiliation, discharge and contribution to social security.

(h) Where the employer or the self-employed person is changed, the corresponding documents provided for in this Article may be requested.

(i) In the case of situations referred to in Article 72 (5) of this Regulation, supporting documentation of such situations.

2.2 For the renewal of F-type permits, in addition to the official model of application, it will be necessary to provide the documents referred to in the previous paragraph, depending on the nature of the activity to be carried out, and the certificate of residence in the border area of a neighbouring State.

3. The employer or employer shall provide the worker with the documentation required for the modification or renewal of the work permit.

Article 82. Place, time, form and effects of the submission of the application for a work permit.

1. Where the person entitled under this Regulation is in Spanish territory, the application, in addition to the places provided for in Article 38.4 of Law No 30/1992, of the Legal Regime of the General Administration and of the Common Administrative Procedure, as amended by Law 4/1999, may be submitted:

(a) In the registration offices of the corresponding delegations and sub-delegations of the Government.

b) At the Foreign Offices.

c) In the Directorate-General for the Management of Migration, in the case of work permits, the resolution of which is attributed to the management center.

2. Where the entitled subject is in foreign territory, the application may be submitted to the Diplomatic Mission or Consular Office in which the person concerned is demarcated.

3. Applications, in the case of a first concession, must be submitted in any event before the work, professional or service activity sought by the applicant is initiated, without the possibility of such an activity being carried out by the applicant. start until notification of the granting of the permit.

The renewals of the permits must be requested at a time of one month prior to the date of their expiration. However, it may be renewed, as if it were a work permit in force, fulfilling all the conditions required, and without prejudice to the penalties provided for, provided that it is requested during the three months following the date of its application. expiry.

In no case may the renewal of a work permit be granted after three months from the date of its expiry or if the person concerned has been continuously resident outside Spain for more than six months.

4. The application shall be made in the official model established by the Ministries of the Interior and Labour and Social Affairs, together with the documents which are determined in each case according to the type of permit concerned.

5. Once the application has been lodged, the applicant shall be sent a copy of the application, as received, with the request made, as well as the date and place of his presentation.

In case of a request for renewal of a work permit submitted within three months after the date of its expiration, the receipt extends the validity of the previous one and has its same effects in the field (i) to the Council of the European Parliament and the Council.

Article 83. Processing of the application for the work permit and the instruction of the procedure.

1. In the case of initial permits, without prejudice to Article 84 of this Regulation, received the application in the Register of the body responsible for processing it, the offer of employment shall be identified and sealed, returning together with the communication of initiation of the procedure, and in the same act, two copies of the offer to the applicant, one of which shall be attached to the application for the visa.

2. The competent authority shall, in receipt of the request, proceed with the procedure and its immediate processing, seeking the reports provided for in this Regulation.

3. In the provinces in which the Office of Foreigners exists, the procedure shall be instructed and processed by the Office, and shall be forwarded by the Head of the Office to the competent authority to resolve the motion for a resolution, without prejudice to the (a) the functional area of the Office of the Area or Head of the Labour and Social Affairs Unit in respect of work permits.

4. If the application has been submitted in a Diplomatic Mission or Spanish Consular Office, that dependency, through the Ministry of Foreign Affairs, shall, together with its report and the relevant documentation, forward the request to the The competent authority shall carry out its processing.

5. The body responsible for instructing the procedure shall ask the competent governmental authority, together with a copy of the sheet of the application, on whether there are grounds for preventing the residence.

6. Where the foreign worker is not a legal resident in Spain, the competent authority shall not resolve to the extent that the visa application has been lodged in the form of the Diplomatic Mission or the corresponding Consular Office, in accordance with Articles 7 (1) (c) and 17 of this Regulation, unless one of the grounds for refusal provided for in Article 74 of this Regulation is met.

7. The competent authority, in order to properly resolve applications for the granting of work permits, may request the reports it deems necessary, and in particular of the competent municipal services in the field of which it is the activity in the case of the pursuit of a professional activity on a self-employed basis and of the public employment services in the case of the cases referred to in Article 77 of this Regulation.

These reports will not be binding and must be issued within 15 days.

Article 84. Admission to processing.

The competent authority will be able to resolve the inadmissibility of the work permit application in the following cases:

1. Lack of legitimacy of the applicant.

2. Lack of competence of the body to whom the application is addressed.

3. Submission of the application outside the legally established deadline.

4. In the case of reiteration of an application already refused, provided that the circumstances have not changed.

5. Where the employer or employer does not prove his case, he has, on a prior basis, complied with the obligation to manage the offer to the public employment services.

6. The application submitted using inappropriate procedures, in accordance with the provisions of this Regulation.

7. In the case of applications which are manifestly unfounded.

Article 85. Competence to resolve the labour file.

1. It is for the Government's Deputy Delegate or Government Delegate in the Uniprovincial Communities to decide on the different work permits laid down in this Regulation, both for employment and for employment. self-account.

2. In the case of work permits which enable the exercise of an activity in more than one place or centres of work, located in different Autonomous Communities, it shall be the responsibility of the Subdelegation of the Government or the Delegate of the Government in the uniprovincial communities where the applicant company has a working centre or the person concerned, if it is a self-employed person, intends to carry out the exercise of its principal activity.

3. It is up to the Directorate-General for the Management of Migration to instruct and resolve applications for work permits, presented by companies with different work centres in different provinces and a staff of more than 100 workers, who have centralized their administrative services in Madrid. The Directorate-General for the Management of Migration, when it considers it relevant, may also be able to take the knowledge and resolution of applications for work permits provided for in this Regulation.

Article 86. Resolution of the work file and notification of the resolution.

1. Having obtained the favourable report of the governmental authority, completed the examination of the file and complied with the mandatory hearing procedure, unless they are not included in the procedure and are not taken into account in the decision other facts and other allegations and evidence which are adduced by the person concerned, the competent authority, in the light of the documentation submitted and the relevant reports, shall give a reasoned decision, granting or refusing the work permit. The Court of Appeals, the Court of the Court of to which they would be present and time to be brought in.

2. In the case of an application for an initial work permit and the foreigner is outside Spain, if the decision is favourable, the competent authority shall inform the Directorate-General for Consular Affairs and the Protection of the Spaniards. abroad for the granting, if any, of the residence visa for work. If the person concerned has applied for a visa waiver, the authority shall inform the working authority of the relevant decision.

3. The favourable resolution shall also be notified to the person concerned with an indication of the amounts to be paid in respect of fees, allowing the worker concerned to start the activity of the worker in Spain. (a) worker and his/her affiliation, discharge and contribution to social security, without prejudice to the fact that he may subsequently be refused the residence permit by the governmental authority, in which case the working order shall be without effect. The tax dues to be paid shall be paid by the taxable persons within eight days of the notification of the granting of the work permit, and shall be referred to the body which has been settled within a period of time. eight days from the date on which the payment was made.

4. If the authorization is for the exercise of work activities for a period of less than three months, the work permit issued by the competent authority shall be delivered, after notification, directly to the person concerned, who shall be personified within ten days before the governmental authority in order to communicate that circumstance. If not, the work permit issued shall be valid.

5. In cases where the competent labour authority agrees to refuse the application for the permit to work, it shall notify its decision directly to the applicant, also communicating it to the competent governmental authority and, if any, application for entry visas, to the Ministry of Foreign Affairs.

6. In the event that the application has been filed in a Spanish Embassy or Consular Office, the decision will be notified to the person concerned by the said dependency, through the Ministry of Foreign Affairs.

7. The maximum general period for resolving and notifying decisions shall be three months from the day following the date on which the applications have entered the register of the body responsible for processing them.

After that period, applications may be deemed to be rejected, except in the case of applications for renewal of work permits which have elapsed without the competent authority having given an express reply. The renewal shall be deemed to have been granted.

8. In the case of applications for the modification of a work permit, the maximum time limit for the resolution and notification of the decision shall be forty-five days from the date on which the applications have entered the register of the body which they have received. entry.

Expiry of that period, applications may be deemed to be rejected.

Article 87. Referral to the governmental authority and delivery of the card.

1. Once a judgment has been given on the application for a work permit, the competent authority shall send copies of that document to the competent governmental authority, for the grant or refusal of the relevant authority. residence permit.

2. Refusal of the application for a work permit shall be the cause of the refusal of the residence permit being sought jointly, without prejudice to the possibility that a non-profit residence permit may be applied for or the permit to residence, if any.

3. The bodies referred to in this Regulation shall be responsible for the processing and resolution of the residence permit. However, in cases where the Directorate-General for Management of Migration is directly resolved on the authorisation to work, the residence permit shall be settled by the General Commissioner for Foreign Affairs and Documentation of the Directorate General of the Police.

4. The decision on the residence permit shall be communicated immediately by the authority which has agreed to it to the authority which granted the work permit.

5. Once the residence permit has been granted, an individual credit card of the residence permit and the work permit, which must be removed personally, shall be given to the foreigner, on the grounds that the residence permit has been made income from the fees and duties arising from their issue, or from the start of the award path for the levy of the fee not paid by the company within the prescribed period.

6. In the renewal of the work permits, the application for an attestation of the administrative silence produced shall encourage the transfer of the file to the competent authority for the resolution of the residence permit by attaching a copy of the issued, without prejudice to the obligation of the competent authority to issue an express decision, if it is confirmatory of the renewal requested, as provided for in Article 43 (4) (a) of Law 30/1992, as amended by Law 4/1999.

Article 88. Compatibility in the exercise of self-employed and self-employed activities.

1. Foreigners who wish to carry out gainful self-employed activities at the same time shall obtain the corresponding authorisations to work in accordance with the general requirements laid down in this Regulation. prior to accreditation of the compatibility of the exercise of both gainful activities, in relation to its object and characteristics, duration and working time.

2. The administrative authorization granted to enable the exercise of work and professional activities to be compatible shall have a duration equivalent to the period of validity of the work permit for which the worker was employed. except in the case where it is granted on the basis of an offer of employment of a lower duration.

3. The employment authority shall transfer the authorizations granted to the government to work with the governmental authority for its entry into the Central Foreign Registry, which shall be transferred to the Government Delegate, or, where appropriate, to the Subdelegation. government in the province.

Article 89. Special provisions for the procedure for seasonal permits.

1. The employer or his organisation, three months before the start of the work, shall direct to the delegations and sub-delegations of the Government the application to deal with seasonal job vacancies which have not been directly covered by the through the public employment services. These offers must contain the aspects referred to in Royal Decree 1659/1998 of 24 July, in addition to the obligations arising for the employer applying for seasonal work permits.

In order to substantiate the request, the employer or his organisation shall accompany the certification issued by the public employment service in charge of the management of the offer in which the absence of jobseekers is expressed. available to attend the same.

2. The Area or Dependence of Work and Social Affairs, once the necessary steps have been taken, will proceed to refer within one month to the Directorate General of Management of the Migrations, the corresponding duly completed file and informed by the respective Provincial Commission presided over by the Director of Area or Head of the Department of Labour and Social Affairs and made up of the most representative employers ' and trade union organizations, by the Autonomous Community respective and by the

public employment services, on the impossibility of covering offers with workers resident in Spanish territory. The Directorate-General for Migration Management may participate in a voice but without a vote at the meetings of such committees.

3. The Directorate-General for the Management of Migration, in accordance with the outcome of the analysis of the evolution of the labour market in the State field and taking into account the reports issued by the Area or Dependence of Work and It shall decide on the origin of the recruitment of workers resident abroad, and shall provide guidance on the mechanisms to enable the selection of workers in the countries of origin, taking into account, where appropriate, the Conventions or International agreements signed in this area.

4. The Department of Labour and Social Affairs, once the authorization by the Directorate-General for the Management of Migration to hire foreign workers is known, will require the employer or his organization, the presentation of the seasonal work contract signed by him, in accordance with the model drawn up by the Directorate-General for the Management of Migration, as well as the documentation required under Article 81 (1) (a), (c) and (d) Regulation.

In the case of nominative contracts, the Area or Dependence of Labour and Social Affairs shall return to the employer a copy of the same duly registered and with the assigned visa number, in accordance with the provided for in Article 9 of this Regulation, in order for it to be made available to the worker for signature and application for a visa.

5. The Department of Labour and Social Affairs shall forward the generic contracts to the Labour and Social Affairs Department of the country concerned, or to the body to be determined for the purposes of the selection of workers, to be processed in the the employer and subsequent signing of the contracts may take part. When the selection of the workers is carried out in countries with which Spain has signed agreements or international agreements in the field, it will proceed according to the same. In accordance with the provisions of Article 9 of this Regulation, the corresponding visa-related number shall be stamped on each contract.

6. For the purposes of the visa file, the value of the work report shall be the signature of the contract and the return commitment, where it is payable, by the foreign worker to the Consular Office which is required to receive the visa application. It shall also have a favourable working report value for the signature of the generic contract and for the return commitment, where this is due, to the body to be determined for each case in the country in which the visa application is to be submitted. That body shall forward the signed generic contract and the return commitment to the competent Consular Office.

The signing of the contract and the subsequent visa application must be completed within one month from the assignment of the visa link number to each contract.

However, in cases where the Consular Office so requires, the Area of Labor and Social Affairs will issue a work report to the Directorate General for Consular Affairs and Protection of Spanish on the Foreign nationals in connection with such application.

7. Once the file has been completed with the contract signed by both parties and the documentation required under Article 81 (1) (a) of this Regulation, the Subdelegation of the Government or the Government Delegate to the Communities The Commission shall, on a proposal from the Director of the Area or Head of the Department of Labour and Social Affairs, adopt a corresponding resolution 8. The working resolution adopted shall be communicated in a timely manner to the governmental authority for the granting, where appropriate, of the residence permit or the verification of the legality of the stay.

9. The maximum period for resolving and notifying the work decisions shall be forty-five days from the day following that of the date on which the work permit applications have entered the register of the body. competent to deal with them.

Expiry of that period, applications may be deemed to be rejected.

10. The Directorate-General for Consular Affairs and Protection of Spanish Overseas Countries will forward to the Directorate-General for Migration Management and is in turn to the Area or Dependence of Work and Social Affairs on periodic information on the compliance with the obligation of return.

11. The Work and Social Affairs Areas or Dependencies will refer to the Directorate-General for Migration Management report on the processing of the work permits granted, as well as the evaluation carried out by the employer.

12. The formalities provided for in paragraphs 1 and 2 of this Article shall not be required where the employer directly or through his organisation intends to recruit workers who have already been engaged in previous campaigns, having been holders of a T-season work permit, and in the case of nominative tenders for the performance of activities of limited duration if the worker has been selected under his or her labour specialisation and the offer is not carried out in the framework of a joint recruitment to a group of workers, without prejudice to the the management of the offer by the public employment services.

13. The employer shall communicate the content of the employment contracts to the public employment service within 10 days of the worker's incorporation into his or her job.

Article 90. Special provisions for the recognition of the exception of the work permit.

1. Legitimate subjects to request recognition of the work permit exception:

(a) The official body or entity that invites, moves or contracts abroad.

(b) The undertaking or institution for which the work or activity is to be carried out.

(c) The foreign country itself, in the case of self-employed activities or in the case of employed persons, where the legitimate entity does not apply for the derogation, as well as in the cases referred to in paragraph 1 (i) and 4 Article 68 of this Regulation.

2. Documentation for the application for the exception of the permit to work: For the recognition of the work permit exception, the following documents shall be submitted, together with the official model of application:

(a) Referred to by the foreign person: According to the case in question, in addition to those which are generally laid down in Article 81.1.1 of this Regulation:

Those documents that accredit the knowledge, the degree that is possessed as a professor, technical or scientific, the status of official or religious, the accreditation as a correspondent or special envoy of

means of foreign communication, the designation to participate in a specific program or international scientific mission, the accreditation that is part of the organs of representation, government and administration of the union which is issued by the person who has the highest representation in the country of his residence, or the literal birth certificate, in the case referred to in Article 68 (4) of this Regulation, where the situation not directly to a permanent residence permit.

(b) Referred to the body, undertaking or entity that invites, displaces or contracts:

1. Identifying data, as well as the national identity document or tax identification code and registration document of the company in the Social Security, or document proving to be exempt.

2. Offer of employment, contract, invitation or document that accredits the reason for the displacement of the foreign person.

3. Descriptive memory where the nature of the activities, the characteristics of the activities or the programme to be developed and its duration are specified.

4. In the case of the case provided for in Article 68 (1) (c) of this Regulation, accreditation is that the cultural or teaching institution is legally constituted and officially recognised in Spain, and that the diplomas or diplomas awarded by the It is valid in the country of origin or international recognition.

5. In the case provided for in Article 68 (1) (h) of this Regulation, certification that the church or confession is registered in the Registry of Religious Entities of the Ministry of Justice.

3. Processing and resolving requests:

(a) The rules on the submission of applications, competence, instruction, resolution and renewal of the authorisations shall be those laid down in general for the work permits in this Regulation.

(b) However, in the case of the file, reports may be obtained from the following bodies:

1. From the Directorate-General for the Management of Migration, on the concurrency or not of the circumstances that determine the inclusion in the corresponding scope of application.

2. Of the competent bodies of the Ministries of Education, Culture and Sport, and of Health and Consumer Affairs, in the case of staff of cultural institutions or teachers dependent on other States or private persons, of recognised prestige or Graduates in Medicine and Surgery as provided for in Article 68 (1) (a) of this Regulation.

3. Of the competent bodies of the Ministry of Foreign Affairs, in the case of officials posted under cooperation agreements with the Spanish authorities or members of international scientific missions.

4. In the case provided for in Article 68 (1) (h) of this Regulation, the Registry of Religious Entities of the Ministry of Justice.

(c) In the case referred to in Article 68 (1) (e) of this Regulation, the General Secretariat for Information shall inform the Directorate-General for Consular Affairs and Protection of the Spanish of its trade in the Foreign, to the Provincial Area or Dependence of Labor and Social Affairs where the request for the exception is to be made, or to the Office of Foreigners, if any, the accreditations and cancellations that occur in the registration of correspondents accredited in Spain.

4. The maximum period for resolving and notifying decisions shall be three months from the day following that of the date on which the applications have entered the register of the body responsible for processing them.

After that period, applications may be deemed to be rejected, except in the case of applications for renewal which have elapsed without the competent authority having given an express reply, the application has been granted.

Article 91. Special provisions for the procedure for granting authorization to work.

1. Legitimate subjects to apply for authorization to work.

(a) The undertaking or employer intending to recruit foreigners who fulfil the conditions laid down in Article 79 of this Regulation.

(b) The foreign country itself, in the case of self-employed activities or, in the cases referred to in Article 79 (1) (b) of this Regulation.

2. Documentation to request authorization to work.

2.1 The collectives listed below must present, together with the official model of application and the required documentation for the work permits, the following documents:

a) Students.

1. Student card in force or application for renewal of the same.

2. Certification issued by the centre where the studies are carried out, relating to the period and time of the studies and the practices which, where appropriate, are carried out.

3. Contract of employment in which at least the aspects referred to in Article 2.2 of Royal Decree 1659/1998 of 24 July 1998 are included. Where the contract is part-time, it shall express the number and distribution of hours per day, week, month or year during which the worker is to provide his services.

b) Asylum seekers: Document of asylum seeker.

c) The foreigners authorized to carry out professional and training practices.

1. Those documents which justify the circumstances referred to in Article 79 (1) (e) of this Regulation, and which have the qualifications or qualifications required for the exercise of the profession, where appropriate.

2. Contract of work in his or her form of contract in practice or for training.

d) Foreigners in Spanish vessels carrying out island cabotage.

1. Contract of employment in which the employment and social security conditions referred to in Article 79 (1) (d) of this Regulation are expressly included.

2. Certification of the business owner of the activity attesting to the fulfilment of the conditions set out in the previous paragraph in accordance with the applicable collective agreement or company agreement, and also specifying the type of navigation, flag and register

of the vessel in which foreign workers are enrolled.

2.2 The holders of a temporary residence permit, in the cases provided for in Article 41 (2) (d) and (3) of this Regulation, shall submit, together with the official model of application, the following documents:

a) Copy of the passport, travel document or registration card in force. In the event that they are expired, a copy of the same and the renewal application must be provided.

b) Temporary residence permit in force or application for extension of the same.

3. Competence and procedure for the granting and renewal of authorisations: The rules on competition and procedure shall be those laid down in general for the work permits in this Regulation with the following: particularities:

a) Students.

1. The delivery to the foreign student of the new card, with the authorization to work, will be carried out by the Provincial Police Commissioner or by the police services of the Office of Foreigners, which will have to transfer the Government or, where appropriate, the Deputy Government Delegate in the province.

2. Where the application for authorisation to work has been submitted within the last three months of the student card, or the duration of the authorisation does not exceed three months, the accreditation of the authorisation granted shall be shall carry out the relevant administrative decision.

3. The application for renewal of the authorisation shall be submitted in advance of one month to the date of its expiry.

b) Asylum seekers.

1. The granting of authorisations to work will be the responsibility of the Directorate-General for the Management of Migration. For these purposes, if the application has been submitted to the Government Delegations or Subdelegations, or to the Foreign Offices, the file, duly informed, shall be submitted for resolution to the Directorate-General.

2. In order to properly resolve these requests, the Asylum and Shelter Office will be asked to report on the circumstances of the file and the situation of the person concerned.

3. The Directorate-General for the Management of Migration shall inform the Asylum and Refuge Office of the resolutions adopted in respect of the authorisations to work requested. In turn, the Office will inform the Directorate-General for the Management of Migration of the decisions which will be placed on the asylum files to which they have been granted authorisation to work.

(c) The holders of a temporary residence permit, in the cases provided for in Article 41 (2) (d) and (3) of this Regulation.

1. The employment authority will transfer the authorizations granted to work to the General Commissioner for Foreign Affairs and Documentation of the Directorate-General of the Police, through the Provincial Police Commissioner, or the police services. of the Office of Foreigners in the province for its entry in the Central Register of Foreigners.

2. The delivery abroad of the new card, with the authorization to work, will be carried out by the Provincial Police Commissioner or by the police services of the Office of Foreigners, if it exists in the province, which will have to transfer the Government Delegate or, where appropriate, the Deputy Government Delegate in the province.

3. The application for renewal of temporary residence permits shall automatically extend the authorisation to work until it is expressed in the case of renewal of the temporary residence permit, without prejudice to the provisions laid down in Article 1 (1) of Directive in Article 72.7 of this Regulation.

4. In the case referred to in Article 41 (3) (d) of this Regulation, the competence for the processing and resolution of the authorization to work shall be the responsibility of the Directorate-General for the Management of Migration.

4. The maximum period for resolving and notifying decisions shall be three months from the day following that of the date on which the applications have entered the register of the body responsible for processing them.

After that period the applications may be deemed to be rejected, except in the case of applications for renewal which have elapsed without the competent authority having given an express reply, the application has been granted.

CHAPTER IV

Violations in the field of aliens and their sanctioning regime

SECTION 1.a

SANTIONER PROCEDURE

Article 92. Applicable rules.

1. The exercise of sanctioning power by the commission of the administrative infractions provided for in Organic Law 4/2000, reformed by Organic Law 8/2000, will be in accordance with the provisions of the Law 30/1992, of the Legal Regime of the Public administrations and the Common Administrative Procedure as amended by Law 4/1999.

2. No penalty will be imposed for violations of the precepts established in Organic Law 4/2000, reformed by Organic Law 8/2000, but under the procedure instructed to do so.

3. The procedure applicable for the imposition of the penalties provided for in Organic Law 4/2000, reformed by Law 8/2000, shall be in accordance with the provisions of the Organic Law itself, to the rules provided for in this Regulation and, when In the case of persons who are classified as a minor infringement of Article 552 (c), in the case of self-employed persons, and very serious of Article 54 (1) (d) of the said Organic Law, the applicable procedure shall be the same as that of the provided for in Law No 42/1997 of 14 November 1997, in which the Labour Inspectorate and the Social Security Inspectorate Royal Decree-Law 5/2000 of 4 August, approving the recast of the Law on Infractions and Penalties in the Social Order, and regulated in Royal Decree 928/1998 of 14 May 1998 adopting the General Regulation on procedures for the imposition of penalties for infringements of a social order and for the settlement of social security contributions, and in the provisions of Articles 133 and 134 of this Regulation.

In any event not provided for in this Regulation, the procedure laid down in the Rules of Procedure for the exercise of sanctioning powers, approved by Royal Decree 1398/1993, of 4 May, will be applied in a supplementary of August.

Article 93. Previous performances.

Prior to the initiation of the procedure, prior action may be taken in order to determine on a preliminary basis whether or not 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 94. Collaboration against organized networks.

1. Where a sanctioning dossier and the issued case are in progress, the instructor shall, before making the final proposal to the competent body, if he is aware of any of the circumstances referred to in Article 59 of the The Organic Law 4/2000, reformed by Law 8/2000, may propose the exemption of liability and the non-expulsion of the persons referred to therein, in consideration of their collaboration or cooperation with the authorities or their agents, providing essential data or by declaring in the relevant processes, as a victim, injured or witnesses, or by denouncing to the competent authorities the authors and cooperators of the illicit trafficking of human beings to whom the indicated legal precept refers.

If a decision is made to declare that the competent governmental authority may grant, at the choice of a foreigner, the competent authority responsible for the issue of administrative responsibility, and in order to facilitate its social integration, temporary residence permit due to exceptional circumstances in accordance with Article 31 of Organic Law 4/2000, reformed by Organic Law 8/2000, as well as work and residence permits or to facilitate the return to their country of origin.

The granting of such documentation may be revoked if the holder, during the duration of the proceedings in which he is a victim, injured or witnessed, ceases in his cooperation or collaboration with the law enforcement authorities or legal.

2. During the period of cooperation or cooperation, the appropriate competent administration shall provide the necessary social and legal attention abroad, without prejudice to the protective measures which the Judge-Instructor may agree. 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 95. Initiation of the sanctioning procedure.

Competition.

1. The sanctioning procedure will be initiated by the competent body, which has news of the facts that may constitute violations of the provisions of the Organic Law 4/2000, reformed by Law 8/2000.

2. They shall be competent to order the opening of the sanctioning procedure by the Government Delegates in the Uniprovincial Communities, the Government Subdelegates, the General Commissioner for Foreign Affairs and Documentation, the Chief of Police, the Provincial Commissioners and the holders of the Local Commissaries and Border Posts.

Article 96. Instructor and Secretary.

In the agreement to initiate the procedure, it will be appointed Instructor and Secretary, who must be officials of the National Police Corps.

Article 97. Resolution.

1. The Government's delegates to the Autonomous Communities and the Government Subdelegates will give a reasoned resolution confirming, modifying or leaving the sanction proposal without effect, and deciding on all the questions raised by the Government. the parties concerned and those arising from 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 to be imposed, in addition to the graduation criteria referred to in Article 55 (3) and (4) of the Organic Law 4/2000, as amended by Law No 8/2000, they will also be assessed in accordance with Article 57 of the the circumstances of the personal and family situation of the offender.

Article 98. Expiration.

The maximum period in which the decision to resolve the procedure should be given and notified will be six months after the initiation of the procedure was agreed upon.

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 those cases where the suspension of the procedure had been agreed.

Article 99. Prescription.

1. The action to punish the violations provided for in Organic Law 4/2000, reformed by Law 8/2000, prescribes at three years if the offence was very serious, at two years if it were serious and at six months if it were mild, counted to from the day on which the facts were committed.

The prescription is interrupted by any action of the Administration of which the accused is aware or is directed to ascertain his identity or domicile or the notification made at the address that the issued expressly indicated as an address for the purposes of notifications.

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 expedited procedure.

2. The limitation period for the penalty shall be five years if the penalty imposed is for infringement.

very serious, two years if it is for a serious infringement and one year if it is 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 will begin to be counted from the day following the one in which the decision imposing the sanction is final.

This period shall be interrupted during the proceedings for its implementation.

The prescription, both of the infringement and of the sanction, will be applied by the competent bodies in the various stages of the handling of the case.

3. Both the prescription and the expiry shall require an express agreement in which such a circumstance is mentioned as a cause of termination of the procedure, with indication of the facts produced and the applicable rules, as laid down in the 42.1 of Law 30/1992, as amended by Law 4/1999.

Article 100. Execution.

1. Enforcement of decisions imposing fines: Administrative decisions imposing fines imposed pursuant to Organic Law 4/2000, reformed by Organic Law 8/2000, will be immediately enforceable once they have been implemented. (a) the competent authority shall, in accordance with Article 1 (1) of Regulation (EU) No No:

The fines must be made effective for the collection bodies of the managing administration, either directly or through deposit entities, within 15 working days of the date of their firm's administrative.

Due to the time limit of entry set in the previous paragraph without the fine being satisfied, the levy will be carried out by the award procedure.

To this end, the certification of the discovered issued by the competent organ of the management administration shall be enforceable.

The organs and procedures of the executive collection shall be those laid down in the General Rules of Collection and other implementing rules.

The acts of management collected on the basis of a prize given by the organs of the General Administration of the State in respect of the fines imposed in application of the Organic Law 4/2000, reformed by Organic Law 8/2000, shall be impugable on an administrative economic path.

2. Execution of expulsion resolutions.

(a) Resolutions of expulsion from the national territory that are issued in preferential processing procedures shall be executed immediately in accordance with the specific rules provided for in this Regulation and in the Law Organic 4/2000 reformed by Organic Law 8/2000.

(b) The resolutions of expulsion from the national territory that are issued in procedures that are not of preferential treatment shall contain the period in which the foreign national will be obliged to leave the national territory. Time limit 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 governmental authority may request from the judicial authority the entry of the foreigner into the detention centres established in the effect, which may not be extended for more than 40 days.

The execution of the expulsion order will 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.

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.

c) Foreigners indicted in criminal proceedings. If the foreigner against whom a decision has been adopted that agrees to be expelled from the national territory is found to be charged in criminal proceedings, for a crime punishable by a custodial sentence of less than six years, once there has been In such a way as to be heard in a declaration as such, the Prosecutor's Office will be of general interest, weighing all the concurrent circumstances, and in particular the satisfaction of the general interests, the authorization of the expulsion of the Spanish territory of Foreign nationals. The judicial authority may authorise its expulsion to be carried out in accordance with the administrative procedure which has been followed.

3. The resolution shall, where appropriate, take the necessary precautionary measures to ensure that they are not enforceable. The abovementioned provisions may consist in the maintenance of the provisional measures which, if appropriate, would have been adopted in accordance with Article 61 of the Organic Law 4/2000, which was reformed by Law No 8/2000.

Article 101. Cases in which the ordinary procedure is applicable.

Without prejudice to the continued processing of the preferential procedure pursuant to this Regulation, where the alleged infringement is one of those provided for in Articles 53, 54 or the conduct to which it is Article 57 (2) of the Organic Law 4/2000, reformed by Law 8/2000, the procedure to follow will be the ordinary.

Article 102. 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, reformed by Organic Law 8/2000, in which it will be In accordance with Article 5 (2) of this Regulation, the procedure for initiating 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, Registrar of the procedure, with the express indication of the system of recusal of the same.

(d) a body responsible for the resolution of the file and a rule that gives it such competence, indicating the possibility that the person responsible may voluntarily acknowledge his/her responsibility.

(e) Provisional measures which have been agreed by the competent authority to initiate the procedure for sanctioning, without prejudice to those which may be adopted during the procedure in accordance with Articles 55 and 61 of the Organic Law 4/2000, reformed by Organic Law 8/2000.

(f) Indication of the right to make representations 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 the interested parties shall be notified, in any event, in any case, to the expedientate.

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 a precise statement of the liability, with the effects provided for in Articles 106 and 107 of this Regulation.

Article 103. 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 provide any allegations, documents or information they deem appropriate and, where appropriate, to propose proof by means of intended to be valerse.

2. In the case of the notification referred to in the preceding paragraph, the Instructor of the proceedings shall make as appropriate as any action necessary for the examination of the facts, obtaining the information and information which are 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 104. Test in the ordinary procedure.

1. After the time limit laid down in the previous Article has been received, the instructor may agree to the opening of a probationary period, for a period not exceeding 30 days and not less than 10 days.

2. In the agreement, which will be notified to the parties concerned, the practice of those tests which, where appropriate, would have been proposed by those concerned, may be rejected in a reasoned manner where, in view of their relationship with the facts, they cannot be altered. final resolution in favour of the accused person.

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 the Legal Regime of Public Administrations and of the Common Administrative Procedure, as amended by Law 4/1999.

4. Where the evidence consists in the issue 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.

5. Where the assessment of the tests carried out may constitute the basic basis for the decision to be taken in the procedure, since it is essential for the assessment of the facts, it shall be included in the motion for a resolution.

Article 105. Collaboration of other public administrations in the ordinary procedure.

The instructor body shall collect from the administrative bodies and agencies belonging to any of the public authorities any 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, and which shall be provided in the terms provided for in Article 4 of Law 30/1992, of the Legal Regime of Public Administrations and of the Procedure Common Administrative Board, as amended by Law 4/1999.

Article 106. Motion for a resolution in the ordinary procedure.

Where appropriate, the test shall be completed by the instructor of the procedure, which shall formulate a motion for a resolution setting out the reasons for the facts, specifying those which are considered to be proven and their exact qualification. The Court of First Instance shall, in accordance with Article I of the Treaty, determine the infringement which, where appropriate, those persons constitute and the person or persons responsible, specifying the sanction which it proposes to impose and the provisional measures which have been taken, where appropriate, by the the body responsible for initiating the procedure or the Instructor of the procedure, or the proposal shall be statement of non-infringement or liability.

Article 107. Procedure of hearing in the ordinary procedure.

1. The motion for a resolution shall be notified to the parties concerned, indicating the outcome of the procedure. The notification shall be accompanied by a list of the documents in the proceedings so that the parties concerned may obtain copies of the documents they deem appropriate, giving them a period of 15 days to make representations and submit the documents and information they deem relevant to the Instructor of the procedure.

2. Except in the case referred to in the final paragraph of Article 102.2 of this Regulation, proceedings may be waived where the proceedings are not included in the proceedings and other facts or other allegations and evidence which are not taken into account are taken into account. on the basis of the information provided by the interested party in accordance with Article 103.1 of this Regulation.

3. The motion for a resolution shall be sent immediately to the body responsible for resolving the proceedings, together with all the documents, claims and information contained therein.

Article 108. Resolution of the ordinary procedure.

1. Before the decision is taken, the body responsible for resolving the matter may decide, by reasoned agreement, to carry out the necessary additional measures to resolve the procedure.

The agreement to carry out complementary actions will be notified to the interested parties, giving them a period of seven days to formulate the arguments that 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 consideration by additional action.

2. The competent body shall give a decision which shall be reasoned and shall decide on all the questions raised by

stakeholders and others derived from the procedure.

The resolution shall be adopted within 10 days, from the 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 of this resolution. Article.

3. The decision may not accept facts other than those determined in the course of the procedure, except where appropriate, where appropriate, in the application of the provisions of paragraph 1 of this Article, irrespective of their different legal valuation. 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 defendant shall be notified of any such allegations as to be appropriate, to grant it a period of 15 days.

4. The resolutions of the sanctioning procedures, in addition to containing the elements provided for in Article 89.3 of Law 30/1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, as amended by Law 4/1999, shall include the assessment of the tests carried out, and in particular those which constitute the basis for the decision, shall determine the facts and, where appropriate, the person or persons responsible, the offence or offences committed and the sanction or penalties imposed, or the declaration of non-infringement or responsibility.

5. The decisions shall be notified to the parties concerned.

If the procedure had been initiated as a result of higher order, the resolution would be moved to the administrative organ that authored it.

Article 109. Cases in which the preferential procedure is applicable.

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 Article 54 (1) (a) and (b), as well as in paragraphs (a), (d) and (f) of Article 53 of Organic Law 4/2000, reformed by Organic Law 8/2000.

Article 110. Initiation and processing of the preferential procedure.

1. Where the investigation is given the opportunity to decide on the expulsion, the reasoned proposal shall be moved to the person concerned, in order to ensure that he or she considers appropriate within the period of 48 hours.

2. In cases where the foreign custody has been held in custody, he shall be entitled to legal assistance which shall be provided to him on his own initiative and to be assisted by interpreter, free of charge, in the event that he or she is not of economic resources.

3. In the notification of the initiation agreement, the person concerned shall be advised not to make claims on the content of the initiation agreement within the time limit laid down in the preceding paragraph, which shall be considered as a motion for a resolution with the file to the competent authority to resolve.

4. If the person concerned makes allegations and makes a test proposal within the prescribed time limit, the instructor shall assess whether or not it is relevant. The Instructor, where the proposed test is unnecessary or inappropriate, may reject in a reasoned manner the practice of the same in the motion for a resolution which shall be notified to the person concerned, giving him a hearing procedure in which he shall be granted a a period of 48 hours for the submission of claims and the submission of the relevant documents.

Expiry of that period, the administrative file shall be raised, together with the motion for a resolution to the competent authority to resolve.

5. 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.

6. As long as the processing of the file is carried out, the governmental authority may request the competent Instruction Judge to arrange for the foreign entry to be issued at a Foreign Interment Center. The request for detention shall be reasoned.

The maximum period of detention shall in no case exceed 40 days and shall be maintained for the time required for the purposes of the file.

The court decision authorizing it, taking into account the circumstances in each case, may establish a period of duration of the detention of less than the maximum established.

A new internment may not be agreed for any of the causes provided for in the same file.

7. If the judicial authority refuses the detention, the governmental authority, in order to ensure the effectiveness of the final resolution which may be placed on it, may adopt some or some of the following precautionary measures:

(a) Withdrawal of the passport or certificate of his nationality, after delivery to the person of receipt of such a measure.

b) Regular presentation to the Instructor of the file in the days that, in consideration of the personal, family or social circumstances of the issued, so advise.

c) Mandatory residence instead.

Article 111. The seizure.

When the first investigations are carried out, knowledge of the use of vehicles, vessels, aircraft and any movable or immovable property, of whatever nature, for the commission of the infringement provided for in Article 54 (1) (b) of the Organic Law 4/2000, as amended by Organic Law 8/2000, the agents of the authority, in order to ensure the effectiveness of the comiso, may be apprehended and made available to the authority (a) the competent authority, in accordance with Article 3 (1) of the Regulation, relationship with the same.

Article 112. The resolution in the preferential procedure. Effects. 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 cannot accept facts other than the individual cases. in the course of the proceedings, irrespective of its different legal assessment, which shall be notified to the person concerned.

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.

This entry ban will be extended to the territories of the States with which Spain has signed an agreement in this regard.

3. Likewise, the resolution that agrees to the expulsion will entail, in any case, the extinction of any authorization to remain in Spain, of which the expelled foreigner is a holder.

4. If the decision was taken in application of the infringement provided for in Article 54 (1) (b) of the Organic Law 4/2000, which was reformed by Law No 8/2000, and the seizure of goods, effects or instruments had been carried out, have been used for the commission of the said infringement, that shall entail the comiso 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 infringement that they have legally acquired them.

The goods, effects and instruments definitively seized by resolution will be awarded to the State.

5. The execution of the order for expulsion from these proceedings, once notified, shall be carried out immediately.

If the foreign national has not been released by the judicial authority within the period of 40 days referred to in the preceding paragraphs, the judicial authority itself must be interested in the cessation of detention. effects of being able to carry out the driving to the exit post.

6. The derogation from the application of the general system of enforceability of administrative acts, in the case of a decision terminating the expulsion procedure with a preferential character, as laid down in Article 21.2 of the Organic Law 4/2000, Amended by Law No 8/2000, it shall not exclude the right of appeal by the legitimate persons to exercise it, without prejudice to the inadmissibility of the expulsion and the failure to declare any suspensive effect on the itself. In addition to the statement of reasons for the decision, the decision shall state the resources which it has obtained, the body before which they must be submitted and the time limit for bringing them together.

Article 113. Communications in the preferred procedure.

The opening of the file, the precautionary detention and detention measures and the expulsion order will be communicated to the Ministry of Foreign Affairs and the Embassy or Consulate of the country abroad, proceeding to his entry in the Central Foreign Register of the Directorate-General of the Police.

Article 114. Change of preferential procedure to ordinary procedure.

If during the processing of the file followed by the preferential procedure and because of the cause provided for in Article 53 (a) of the Organic Law 4/2000, reformed by Organic Law 8/2000, the foreign issued accredited have requested, prior to the initiation of the same, temporary residence permit, in accordance with the provisions of Articles 31.4 of the said Organic Law and 41.2.d) of this Regulation, the Instructor, continuation of the file and after agreement dictated to the effect, will continue the same for the formalities for the ordinary procedure laid down in this Regulation.

Article 115. Cases in which the removal procedure is appropriate.

Without prejudice to the provisions of Article 57 (5) and (6) of Organic Law 4/2000, reformed by Law 8/2000, when the infringer is foreign and performs some or some of the behaviors classified as very serious or serious conduct as provided for in paragraphs (a), (b), (c), (d) and (f) of Article 53 or in accordance with Article 57 (2) of the said Organic Law, the expulsion of the national territory may be agreed unless the competent body to determine the origin of the fine.

Article 116. Content of the initiation agreement of the expulsion procedure.

In addition to the minimum content to be included in the initiation agreement as provided for in Article 102.1 of this Regulation, the following particulars shall be expressly stated therein:

(a) The right of the person concerned to free legal assistance, if he lacked sufficient economic resources.

(b) The right of the person concerned to the assistance of an interpreter if he does not understand or speak the official language used, which shall be free in the event that he has no economic resources.

(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 ten years, which shall be extended to the territories of the States with which Spain has subscribed agreement in this regard.

Article 117. Precautionary measures in the expulsion procedure.

1. In accordance with Articles 55 and 61 of the Organic Law 4/2000, as amended by Law No 8/2000, the competent body to resolve may at any time, by means of a reasoned agreement, adopt measures of a provisional nature. which are necessary to ensure the effectiveness of the resolution which may be passed on.

2. Where, in the first proceedings of the training stage, reasons are given for the advice, such as the absence of a foreign national, of known address or no place of residence for the purposes of notification, the competent body for initiate the procedure or the instructor body may take the provisional measure of withdrawal of passport or document of his nationality, after giving to the person of receipt accreditable of such measure.

3. In the same way as those laid down in Article 111 of this Regulation, the apprehension of the goods, effects or instruments which have served for the commission of the offence provided for in Article 54 (1) (b) of the Act may be taken into account. Organic 4/2000, reformed by Organic Law 8/2000.

Article 118. 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 97 of this Regulation.

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.

This entry ban will be extended to the territories of the States with which Spain has signed an agreement in this regard.

3. Likewise, the resolution shall contain, in any case, the extinction of any authorization to remain in Spain for which the expelled foreigner was a holder.

4. If the decision was taken in application of the infringement provided for in Article 54 (1) (b) of the Orga nica 4/2000 Act, reformed by Law No 8/2000, and the apprehension of goods, effects or instruments which had been used for the commission of the said infringement, that 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 infringement which has legally acquired.

The goods, effects and instruments definitively seized by resolution will be awarded to the State.

5. If the decision is taken in application of the infringement provided for in Article 54 (1) (d) of the Organic Law 4/2000, as amended by Law No 8/2000, and without prejudice to the expulsion agreed upon, it may contain a statement of closure of the establishment or premises from six months to five years.

6. The execution of the expulsion order shall be carried out in accordance with the provisions of Article 100 (2) (b) of this Regulation.

Article 119. Communications in the expulsion procedure.

The expulsion order will be communicated to the Ministry of Foreign Affairs, the Embassy or Consulate of the country abroad, and noted in the Central Foreign Registry of the Directorate General of the Police.

Article 120. Cases of application of the procedure for imposing fine fines.

This procedure shall apply where the offender, whatever his nationality, performs any of the conduct classified as serious or very serious as provided for in Articles 53 and 54 of the Organic Law. 4/2000, as amended by Organic Law 8/2000, without prejudice to the cases in which expulsion may be imposed in accordance with the provisions of this Chapter.

Article 121. Content of the initiation agreement of the procedure for the imposition of a fine.

The minimum content of the initiation agreement for the imposition of a fine penalty shall be as set out in Article 102.1 of this Regulation.

Article 122. Precautionary measures in the procedure for imposing fine penalties.

1. In the same way as those laid down in Article 111 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 this Regulation may be carried out. Organic Law 4/2000, reformed by Organic Law 8/2000.

2. Where a criminal case is followed for any of the offences referred to in Article 54.2 (a) and (b) of the Organic Law 4/2000, as amended by Organic Law 8/2000, and the carriers infringe the obligation to take charge of the illegally transported, the governmental 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 the affected and the damage caused.

(c) Mobilization of the means of transport used up to compliance with this obligation.

Article 123. 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, a body to which it must be submitted and the time limit for its submission, in accordance with the provisions of the Article 97 of this Regulation.

2. If the decision was taken in application of the infringement provided for in Article 54 (1) (b) of the Organic Law 4/2000, reformed by Law 8/2000, and the apprehension of goods, effects or instruments that had been used for the commission of the said infringement, that 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 infringement which has legally acquired.

The goods, effects and instruments definitively seized by resolution will be awarded to the State.

3. If the decision is taken in application of the infringement provided for in Article 54 (1) (d) of the Organic Law 4/2000, as amended by Law No 8/2000, and without prejudice to the penalty of an agreed fine, it may contain a statement of the closure of the establishment or premises from six months to five years.

4. The implementation of the resolution shall be carried out in accordance with Article 100 of this Regulation.

Article 124. Assumptions and initiation of the simplified procedure.

This procedure will be dealt with when the facts reported are qualified as a minor offence provided for in one of the cases referred to in Article 52 of the Organic Law 4/2000, reformed by Law Organic 8/2000.

This procedure shall be initiated on its own initiative, by agreement given to the effect by one of the competent bodies established in Article 95.2 of this Regulation, or by denunciation made by the agents of the National Body of Police, except where the alleged infringement is established in point (c) of Article 52, in which the provisions of Article 55.2 of the aforementioned Organic Law 4/2000, reformed by Organic Law 8/2000, will be included.

This simplified procedure should be resolved within the maximum period of two months from the start.

Article 125. Simplified procedure.

1. Initiation of trade.-The competent body, when issuing the initiation agreement, shall specify in it the simplified nature of the procedure. Such an agreement shall be communicated to the instructor and shall be notified to the parties concerned.

Within ten days, from the communication and notification of the initiation agreement, the instructor and the interested parties shall, respectively, make the relevant actions, the contribution of any allegations, Documents or information may be deemed appropriate and, where appropriate, the test proposal and practice.

After that time limit, the Instructor shall make a proposal for a resolution setting out the reasons for the facts, specifying those which are considered to be proven and their exact legal status, with determination of the the person or persons responsible for the offence and specifying the sanction proposed, as well as the provisional measures taken or the declaration of non-infringement or liability shall be proposed.

If the Instructor finds that the facts may be a serious or very serious infringement, it shall agree to continue the file with the procedures of the ordinary procedure of this Regulation, notifying the interested in making claims within five days if they consider it appropriate.

2. Initiation of a mandatory complaint made by officials of the National Police Corps:

2.1 The complaints made by officials of the National Police Corps will be extended by duplicate. One of them will be handed over to the defendant if possible and the other will be forwarded to the relevant body with competence to agree to the initiation of the procedure. Such complaints shall be signed by the official and by the defendant, without the latter's signature being in accordance with the facts of the complaint, but only with the receipt of the copy to the intended purpose. In the event that the defendant refuses to sign or is not able to sign it, the official shall record it.

2.2 The complaints of a compulsory nature shall be notified in the act to the accused, stating in the same the data referred to in this article, as well as that the corresponding file is opened with them and, Consequently, they have a period of 10 days to ensure that they consider it appropriate to their defence and to propose the evidence they deem appropriate to the investigating bodies located in the police unit where the place is located. committed the infringement.

For justified reasons which must be stated in the complaint itself, it may be notified later.

2.3 Complaint handling. -Received the complaint in Police Dependence of the Directorate General of the Police, will proceed to the qualification of the facts and graduation of the fine or to the verification of the qualification and fine (a) to be entered in the same way by the complainant agent, the subsequent processing being promoted or proposed by the instructor to the competent authority the relevant decision declaring the non-existence of an infringement in cases where the The facts complained were not constitutive of the same.

Article 126. Resolution of the simplified procedure.

Within three days of receipt of the file, the body responsible for resolving the case will decide in the form and with the effect that the fine-penalty decisions are laid down in the procedure. This Regulation shall apply.

SECTION 2.a

FOREIGN DETENTION CENTERS

Article 127. Detention centres for foreigners.

1. The Judge of Instruction of the place where the foreigner was detained, at the request of the governmental authority which by itself or by its agents would have agreed to such arrest, within a period of seventy-two hours from the same, may authorize its the entry into detention centres of foreign nationals who do not have a penitentiary, in the cases referred to in paragraph 2 below.

2. The internment of a foreigner may only be agreed upon when any of the following cases are present:

(a) That he has been detained 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, Reformed by Organic Law 8/2000.

b) A return resolution has been issued and the return resolution cannot be executed within the period of seventy-two hours, when the judicial authority so determines.

(c) When a return agreement has been issued in accordance with the provisions of this Regulation.

(d) That the expulsion decision has been issued and the foreigner does not leave the national territory within the period granted to him.

3. The entry of foreign nationals into a non-prison detention centre may not be extended for longer than is necessary for the practice of expulsion, and the governmental authority should proceed with the procedure. necessary to obtain the necessary documentation as soon as possible.

4. The detention of a foreigner for expulsion purposes shall be communicated to the competent Consulate, who 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 when it has not been possible to notify the Consulate or the Consulate in Spain. If the foreigner so requests, he or she will inform their relatives or other persons residing in Spain.

5. The maximum duration of detention may not exceed 40 days, with the request of the judicial authority for the release of the foreign national where the practice of the detention is recorded prior to the end of the period. Expulsion may not be carried out.

6. During his detention, the foreigner shall at all times be at the disposal of the court or tribunal which authorized him, and any circumstance in relation to the situation of that foreign country should be communicated to him by the governmental authority. interned.

They will also be referred, to the authority or organ to whom they are directed, the complaints and requests that the foreigner may present in defense of their legitimate rights and interests.

7. Persons admitted to detention centres of a non-prison nature shall enjoy the same rights not affected by the judicial measure of detention, in particular the right to legal assistance, which shall be provided on their own initiative, where appropriate, and to be assisted by interpreter, if he does not understand or speak the official language used, and free of charge in the event that he does not have economic means, as laid down in Article 63.2 of the Organic Law 4/2000, reformed by Organic Law 8/2000, as well as the right to be informed of the administrative provisions and judicial decisions affecting them or liable to harm them.

8. Foreign minors may not be admitted to such centers, and must be made available to the competent services of the Protection of Minors, unless authorized by the Judge of Minors, prior to the favorable report of the Prosecutor's Office, and their 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 128. Competition.

1. The inspection, management, coordination, management and control of the centers corresponds to the Ministry of the Interior, which will be carried out through the Directorate General of the Police, without prejudice to the faculties of the Judge of Instruction to which they refer the numbers 1 and 6 of the previous article.

The Director-General of the Police shall be the competent authority to appoint the Director of the Centre, following a report by the Government Delegate in the Autonomous Community, between officials of the public administrations of Group A, depending on the Commissioner General for Foreign Affairs and Documentation.

The coordination of the income in the internment centers of foreigners, in order to optimize the occupation of the same, in attention to the family circumstances or of the origin of the foreigner in Spain, corresponds to the General Commissioner for Foreign Affairs and Documentation.

2. The custody and supervision of the centres will be the responsibility of the Directorate-General of the Police.

3. 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. of aid legally established in the corresponding budget headings.

Article 129. Conditions of entry.

1. At the time of the entry of the foreigner into the centre the personal history of the centre will be required, in which the reasons for his detention, the background, the personal circumstances, the judicial authority to which he is located and the a lawyer to assist you.

2. The inmates will receive written information about the regime of the center and the rules of coexistence at the time of entry. The information shall be provided in the language of the foreign language or in a manner that is understandable to the foreign language.

3. The foreign nationals, at the time of entry, will undergo a medical examination by the center's health service.

4. The centres shall have independent modules in order to allow the internal separation of the internal modules.

Article 130. Internal arrangements of the centres.

1. The inmates are obliged to comply with the rules of coexistence, internal rules, health and hygiene, as well as to preserve the facilities and furniture of the center.

2. In each institution there shall be a Board composed, in addition to the Director of the Board, by the optional and a social worker, who shall advise him on the imposition of measures on the inmates who do not respect the rules of coexistence and internal rules, which they shall, where appropriate, be notified to the judicial authority which authorised the detention.

3. The address of the centre shall establish a timetable for regulating the various activities to be carried out by the inmates.

4. The inmates will be able to receive and send correspondence, as well as to maintain telephone communications with the outside, which can only be restricted by resolution of the judicial authority.

5. The necessary measures shall be taken to prevent restrictions on the exercise of religious freedom by the inmates.

6. The inmates are authorized to communicate with their lawyers, and periodically with family, friends and diplomatic representatives of their country, and such communications must be carried out within the time established for the proper coexistence between the internal, in accordance with the rules of operation of the Centre.

Article 131. Health and social assistance.

1. In each center there will be a sanitary service with the availability of personnel, instruments and equipment necessary for the permanent and urgent care of the inmates.

2. Where an internal patient has symptoms of illness involving his/her hospitalization, his/her transfer to a hospital facility shall be carried out, with a request for authorization for the purposes of the judicial authority, subject to a report by the centre's staff member, except for reasons of urgency which do not allow for delay in the immediate hospitalization, in which case it shall subsequently be communicated to the judicial authority, together with an optional report.

3. The health service of each center will organize and inspect the hygiene of the center, raising the proposals that it considers appropriate to the address of the center on feeding, hygiene and cleanliness of the inmates, and the hygiene and cleanliness of the center.

4. Among the staff of the centers there will be social workers, under the coordination of the management of the center, who will perform the functions of care that the inmates require.

Article 132. Creation and rules on the internal arrangements of the centres.

1. The creation of foreign detention centers will be established by the Joint Order of the Ministries of the Interior and Public Administrations.

2. The Minister of the Interior shall lay down the rules which are considered, where appropriate, necessary to regulate the internal functioning of these centres, in accordance with the provisions of this Regulation, on the rules of operation and the internal rules of the Member States. Detention centres for foreigners.

SECTION 3.a

VIOLATIONS AND SANCTIONS IN THE SOCIAL ORDER AND LABOR SURVEILLANCE

Article 133. 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, authorising officer of the Labour and Social Security Inspectorate, and its implementing rules.

Article 134. Infringements 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, as amended by Organic Law 8/2000, shall be sanctioned in accordance with the procedure for the the imposition of penalties for infringements of social order, and the provisions of this Article.

2. Penalties for the offences referred to in the preceding paragraph may be imposed in respect of the minimum, average and maximum levels, taking into account the following criteria and applying the principle of proportionality.

3. In the form and according to the types provided for in the Organic Law 4/2000, as amended by Organic Law 8/2000, the penalties will be graduated in order to pay attention to the degree of guilt of the offender, damage or risk derived from the infringement, and its significance.

4. Infringements shall be punished:

(a) Mild, to a minimum degree, with a fine of 5,000 to 10,000 pesetas (30.05 to 60.10 euros); in its average grade, from 10,001 to 25,000 pesetas (60.11 to 150.25 euros), and to its maximum degree, from 25,001 to 50,000 pesetas (150.26 to 30,551 euro).

(b) The serious, to its minimum degree, with a fine of 50,001 to 200,000 pesetas (300,52 to 1,202,02 euros); in its average grade, from 200,001 to 500,000 pesetas (1,202,03 to 3,005,06 euros), and to its maximum degree, from 500,001 to 1,000,000 pesetas (EUR 3,005,07 to EUR 6,010,12)

c) The very serious, to its minimum degree, with a fine of 1,000,001 to 2,000,000 pesetas (6,010,13 to 12,020,24 euros); in its average grade, from 2,000,001 to 5,000,000 pesetas (12,020,25 to 30,050.61 euros), and, to its maximum degree, 5,000,001 to 10,000,000 pesetas (30,050.62 to 60,101,21 euros).

5. The organisation of the processing of the sanctioning files shall correspond to 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 contributions, approved by Royal Decree 928/1998 of 14 May 1998.

In the cases of infringement provided for in Article 53 (b), in the case of self-employed persons, and of Article 54 (1) (d), where the offender is a foreigner, of the Organic Law 4/2000, reformed by Organic Law 8/2000, in the infringement act, it will 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 penalty of fine.

6. The proceedings for the infringement of foreign nationals shall be notified by the competent Labour and Social Security Inspectors, the subject or the persons responsible, stating 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 these observations, the Head of the Labour and Social Security Inspectorate may request an extension of the report from the Inspector or Sub-inspector who has done so; the report shall be issued within a period of 15 days. The aforementioned report shall be mandatory if the allegations are made or circumstances other than those recorded in the minutes, the fact that the factual account of the report is insufficient or that it is defenseless for any reason.

9. Having instructed the file, the Head of the Inspection of Labour and Social Security responsible for the reason of the territory will raise the file, with the proposal of a resolution to the Delegate or Subdelegate of the Government competent to resolve, according to Article 55.2 of the Organic Law 4/2000, reformed by Organic Law 8/2000.

In the motion for a resolution, the proven facts, their legal status and the amount of the sanction proposed will be determined in a reasoned manner and, in the event that the infringement act includes the ancillary sanction, Article 55.6 of the Organic Law 4/2000, reformed by Organic Law 8/2000, will also be made a motion for a resolution on it.

10. The body responsible for resolving, prior to the proceedings it deems necessary, shall give a decision within 10 days of the completion of the processing of the file in accordance with the provisions of the sanctions resolutions. by the regulatory regulation of the procedure for the imposition of 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 case that the competent body to resolve the decision to apply the sanction of expulsion from the Spanish territory, instead of the penalty of fine, will dictate the resolution of expulsion that will have the requirements and effects established in Articles 118 and 119 of this Regulation.

11. The sanctions decisions to be issued by the Government's Subdelegates or Government Delegates in the Uniprovincial 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, it shall govern the common procedure in accordance with the provisions laid down in the seventh additional provision of Law No 30/1992 on the legal framework of the Public administrations and the Common Administrative Procedure, as amended by Law 4/1999.

SECTION 4.a

Other violations and penalties

Article 135. Other infringements and sanctions.

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 136. Interorganic communication of infringements.

1. The Directorate-General for the Management of Migration, the Labour and Social Security Inspectorate, and the Provincial Labour and Social Affairs Areas and Dependencies shall give the governmental authority the responsibility for the alleged infringements, to the entry and stay of foreigners in Spain, to have knowledge in the exercise of their competences.

2. Also, the government authorities and the police services will communicate to the Directorate General of Migration Management, the Labour and Social Security Inspectorate or the Provincial Work and Affairs Areas and Dependencies. Social, facts which are known to them and which may constitute work offences against the provisions of this Regulation.

When the expulsion has been authorised judicially, the governmental authorities and the police services, they shall immediately communicate the practice of the expulsion or the reasons that, if necessary, make it impossible to carry out, to the judicial authority which would have authorized it and the Prosecutor's Office.

3. The judicial bodies shall communicate to the governmental authority the finalisation of the judicial processes.

in which the commission of administrative infringements to the rules on aliens is present, for the purposes of the administrative authorities being able to resume, to start or to file, if appropriate, according to the cases, administrative procedure sanctioning. Likewise, 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.

4. 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 Organic Law 4/2000, reformed by Law 8/2000, Without having been initiated the corresponding administrative file of penalties, it shall inform the governmental authority so that it is determined whether or not to initiate the opening of the expulsion file, for the appropriate purposes.

5. The directors of the penitentiary establishments shall notify the governmental authority, three months in advance, of the release of foreign nationals who have been convicted in the course of a criminal offence, for the purposes of the expulsion, in accordance with the provisions of the Organic Law 4/2000, reformed by Organic Law 8/2000. For these purposes, in the personal files of the sentenced foreigners, it shall be stated if they have been initiated expulsion file, and their state of processing.

6. The Central Register of Penados and Rebels shall communicate, on its own initiative or at the request of the governmental authority, the criminal records of foreign nationals who have been convicted of a criminal offence that has been sentenced to more than one year in prison. the purpose of initiating the relevant expulsion file, to which it shall transmit a certificate of expulsion.

SECTION 5.a

Return, return, and mandatory outputs

Article 137. Return.

1. The return shall be agreed upon when the foreigner is present at a border post and is not allowed to enter the national territory for not meeting the requirements which are contained in this Regulation for the purpose of authorising them.

2. The return decision shall be issued as a result of the refusal of entry which the law enforcement officials responsible for the control of entry shall take into effect, which shall be adopted in a timely manner where they are accredited, other procedures:

(a) The right of the person concerned to legal assistance, which shall be free of charge if it lacks sufficient financial resources, and the assistance of an interpreter if he does not understand or speak the official language used, from the moment the procedure for the initiation of the procedure.

b) That the effect that the denial of entry can entail is the return.

c) Expressed determination of the cause by which the entry is denied.

3. The return will be executed immediately and, in any case, within the period of seventy-two hours since it had been agreed. If it cannot be carried out within that period, the governmental authority or, by delegation of the authority, the person responsible for the border post, shall be directed to the Judge of Instruction to determine the place where he is to be admitted. This is not possible until the time of the return, in accordance with the provisions of the Organic Law 4/2000, reformed by Organic Law 8/2000.

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. 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 Union, of the Court of Justice of the European Union, of the Court of Justice of the European Union,

Likewise, the carrier or carrier shall immediately take charge of the foreign country to which the entry has been refused and shall take account of all the costs arising from the transport in order to carry out the return, which shall be made directly by that or by means of another transport undertaking in the direction of the State from which it has transported it, to the State which has issued the travel document with which the foreigner or any other person has travelled another State where admission is guaranteed.

5. The arrest of the foreigner for return purposes will be communicated to the Embassy or Consulate of your country and, in any case, to the Ministry of Foreign Affairs.

6. The return resolution does not exhaust the administrative route and the same will be used in accordance with the provisions of the laws. If the alien is not found in Spain, he or she may bring the proceedings, both administrative and jurisdictional, through the appropriate diplomatic or consular representations, who shall forward them to the body. competent.

Article 138. Returns.

1. In accordance with Article 58.2 of the Organic Law 4/2000, reformed by Law 8/2000, no expulsion file will be required for the return, under the order of the Deputy Government Delegate, or Government Delegate in the Autonomous Communities of a foreign country, of foreign nationals who are in any of the following cases:

(a) The foreigners who have been expelled contravene the ban on entry into Spain.

For these purposes, the prohibition of entry in Spain shall be considered to be contrary, when this is the case, regardless of whether it was adopted by the Spanish authorities or by any of the States with which Spain has signed a convention in this regard.

(b) foreigners intending to enter the country illegally, including, for these purposes, foreigners who are intercepted at the border, in their immediate vicinity or within the territory of the country transit or en route, without complying with the entry requirements.

2. In any of the two cases, the foreign country in respect of which formalities are followed for the adoption of a return order shall be entitled, from the initial moment of detention, to free legal assistance where it does not have economic means.

Also, if you do not understand or speak the official language used, you will be entitled to interpreter assistance.

3. The execution of the return will result in the new beginning of the computation of the deadline of prohibition of entry

contract when the same was adopted pursuant to an expulsion order issued by the Spanish authorities.

4. Suspension of the execution of the return.

Even if the return order has been adopted, it cannot be carried out, with its execution suspended, when:

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

(b) An application for asylum shall be formalised until the admission to the application of the application has been decided in accordance with the asylum rules.

5. (b) the number of persons who, having applied for asylum without delay, has been admitted to processing, in accordance with the provisions of Article 4.2 of Law 5/1984, of 26 of the March, as amended by Law 9/1994 of 19 May.

Article 139. Mandatory exits.

1. In the case of administrative refusal of requests for extensions of stay, residence permits or any other document necessary for the stay of foreigners in Spanish territory, as well as for the extensions of their own permits or documents, the administrative decision rendered to the effect shall contain the warning to the person concerned that his departure from the country is compulsory, without prejudice to the fact that such a warning is also materialised by means of a passport or similar document or in separate document, if found in Spain covered by document the identity in which the due diligence cannot be affixed.

2. The compulsory exit shall be made within the time limit set in the decision rejecting the application made, or, where appropriate, within a maximum of 15 days from the date of notification of the decision rejecting the request, unless otherwise specified. that exceptional circumstances are present and that sufficient means of life are justified, in which case the time limit may be extended to a maximum of 90 days.

After the deadline indicated without the exit being made, the provisions of this Regulation for the cases referred to in Article 53.a of the Organic Law 4/2000, reformed by Law 8/2000, will apply.

3. If the foreign nationals referred to in this Article are effectively leaving the Spanish territory, in accordance with the provisions of the preceding paragraphs, without having incurred any cause of expulsion, they shall not be prohibited from entry into the country, being able to return to Spain, in accordance with the rules governing access to Spanish territory.

4. Asylum seekers, whose application would have been admitted to the proceedings pursuant to Article 5.6 (e) of Law 5/1984 of 26 March, for failing to give Spain their examination as another State is responsible for that, compliance with the agreements in which Spain is a party, after the notification has been notified, the foreign country shall leave the national territory and move to the responsible State within the time limit specified in the decision to inadmissibility the application.

If you do not leave the territory of the country within the prescribed period, you may be arrested and transported to the border post from which you will be transferred to the territory of the responsible State.

CHAPTER V

Coordination of the organs of the General Administration of the State

SECTION 1.a

Foreign Offices

Article 140. Creation.

1. Foreign Offices are the units that make up the different services of the General Administration of the State responsible for foreign nationals in the province, in order to guarantee the effectiveness and coordination in the performance administrative.

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 Labor and Social Affairs and Public Administrations, the Delegation of the Government for Foreign Affairs and Immigration will promote the creation, suppression and modification of Foreign Offices, based on the special impact of 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, in order to facilitate the administrative efforts of the interested parties.

Article 141. Dependency.

1. The Foreign Offices will be organically dependent on the corresponding Delegation or Subdelegation of the Government, under the responsibility of the General Secretariat, and will be functionally dependent on the Ministry of the Interior, through the Government Delegation. The Committee on Foreign Affairs and Security and the Ministry of Labour and Social Affairs both within their respective powers.

2. The Foreign Offices are governed by the provisions of this Regulation, as well as by the provisions of Royal Decree 1330/1997 of 1 August, the integration of peripheral services and the structure of government delegations, and by the Royal Decree 2725/1998 of 18 December 1998 on the integration of the Provincial Labour, Social Security and Social Affairs Directorates as soon as it is applicable to them.

Article 142. 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 processing of reports on residence visas, visa exemptions, extensions of stay, student cards, residence permits, return authorizations, employment authorizations, work permits and except for the obligation to obtain work permits, residence cards, as well as the issue and delivery of the same. The processing of requests for the extension of stay and the receipt of declarations of entry shall be made by those police services.

b) The receipt of the application for registration and travel title for the departure of Spain, and the issue and delivery of such documents, as well as

of the interim identification document. The processing of the application for registration and travel title shall be carried out by the aforementioned police services.

(c) The handling of cases relating to governmental sanctions for infringements of the rules on foreign and community law. However, the returns, and the sanctioning files that lead to the expulsion of the foreign offender, or to his detention and entry into a Foreign Internship Center, shall be processed and executed by the Brigades and Sections of Immigration and Documentation of the Police Commissaries.

d) The processing of the administrative resources that proceed, without prejudice to the competence of the Director General of the Police to resolve the administrative appeal against the refusal of entry into Spanish territory and order of return at the border.

e) The lifting of the relevant motions for resolutions concerning the dossiers referred to in the preceding paragraphs to the competent bodies and authorities.

f) The assignment and communication of the number of foreign identity by the police services of the Offices themselves.

g) The receipt of declarations of entry of foreigners intending to enter Spanish territory, without prejudice to the competence of the police services in this respect.

(h) The information, reception (which will include the corresponding interview) and processing of the asylum application, the issue and delivery of the relevant documentation, and the notification of the resolutions adopted by the competent bodies, with a view to the existing rules on the protection of personal data.

i) The collection and compilation of statistical information of an administrative and demographic nature on the foreign population and on the province's community system.

2. The tasks referred to above shall be carried out 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 cooperate in the development of the functions of the relevant Foreign Office, in particular those relating to the citizen's attention, receipt of requests and writing, notification and delivery of resolutions and documents, and may exercise the powers delegated to them.

Article 143. Personal.

1. The various services responsible for processing the files on foreign affairs will be integrated into the Office of Foreigners, which will act as a single management centre.

2. The staff from the services referred to in paragraph 1 of this Article, 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 Operation of the General Administration of the State, and its development regulations, will be integrated into the Government Delegation or Subdelegation of the Government concerned.

3. The Office for Foreign Affairs which will be set up will have a working relationship and, where appropriate, a catalogue of the workforce for the integration of the staff and their corresponding jobs, from the services referred to in paragraph 1 of this Article.

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 and within the framework of its powers.

5. The Head of the Foreign Office shall be appointed and terminated by the Deputy Secretary of Public Administration, on a joint proposal of the Ministries of the Interior and of Labor and Social Affairs, by the procedure of free designation, between career officials of groups A or B of the General Administration of the State, within the limits established by the General Staff Regulations to the service of the General Administration of the State and the provision of work and professional promotion of civil servants of the General Administration of the State, approved by Royal Decree 364/1995 of 10 March.

Article 144. Material and computer media.

The Foreign Offices shall be equipped with the necessary material and equipment, facilitating the personnel who manage procedures in them access to the Central Register of Foreigners, and providing them with an integrated computer application which allows for the centralisation or interconnection of the management of such procedures.

SECTION 2.a

Migration centers

Article 145. The public network of migration centres.

In order to fulfill the social integration goals entrusted to it, the Ministry of Labor and Social Affairs will have a public network of migration centers, destined for the functions of care, reception, social intervention and, where appropriate, the derivation of foreigners who have the status of asylum seekers, displaced persons, refugees, stateless persons or immigrants who are in a situation of vulnerability or risk social exclusion.

Article 146. Legal status of migration centres.

It will be up to the Ministry of Labour and Social Affairs, after a report from the Government Delegation for Immigration and Immigration:

(a) Agree to the establishment of new migration centres, the extension of existing migration centres, or the closure thereof; b) Approve the Statutes and rules of internal operation of migration centres; the benefits to be provided for them, as well as the legal arrangements to which they are subject.

Article 147. 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, identity number of foreign nationals if they were assigned, as well as the date of expiry of the authorisation to stay in the centre shall be recorded.

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.

Where the powers in matters of reports, resolutions and sanctions are not expressly attributed to a particular body in this Regulation, they shall be exercised by the Government's Delegates in the Autonomous Communities. The government of the provinces and the subdelegates of the government in the provinces.

Additional provision second. Rules applicable to procedures.

In the absence of procedures in the Rules of Procedure of the Organic Law 4/2000, reformed by Law 8/2000, it will be within the provisions of Law 30/1992, on the Legal Regime of the Administrations Public and the Common Administrative Procedure, as amended by Law 4/1999, and in its implementing legislation.

In accordance with the provisions of the 11th additional provision of Law No 30/1992, as amended by Law 4/1999, the visa procedure shall be governed by the specific rules provided for in Article 27 of the Law. Organic 4/2000, of 11 January, reformed by the Organic Law 8/2000, developed in this Royal Decree and in the other provisions that are dictated in compliance with the international commitments assumed by Spain, particularly in the field of the Treaty of Amsterdam and the Convention for the Implementation of the Schengen Agreement of 14 June 1985, as amended by Law 4/1999, as amended by Law No 4/1999.

Additional provision third. Requirements, regulations and conventions in the field of health.

The provisions of this Regulation do not preclude the validity and enforcement of the provisions of the International Health Regulations and Agreements, Articles 38 and 39 and Final Disposition of Law 14/1986 of 25 April 1986, General of Health, in Royal Decree 1418/1986 of 13 June, in the field of external health and in the other provisions laid down for its implementation and development.

The General Administration of the State, for the purposes of carrying out all health measures and tests, may be derived from the application of this Regulation, and shall, through the Ministerial Departments in each competent case, the appropriate conventions with the relevant health services or health institutions.

Additional provision fourth. Time-limits for the procedures to be resolved.

The maximum general time limit for notifying decisions on applications made by those interested in the procedures covered by the Regulations implementing the Organic Law 4/2000 of 11 January, which was amended by Law Organic 8/2000, shall be three months from the day following the date on which they have entered the register of the body responsible for processing them. Requests for residence permits for family reunification, seasonal work permit, and modification of work permit are excepted, the resolutions of which shall be notified in the middle of the period specified.

In the visa procedure, the maximum period, and not extendable, to notify the decisions on applications is four months and 15 days from the day following the date of the application. has entered the register of the Office or the Consular Section responsible for processing. The maximum period shall be three months for visas for family reunification and for visas for which an urgent procedure has been issued or is included in the International Convention of which Spain is a party. These deadlines are suspended for up to 15 days when the underhealing or the provision of prescriptive documents or the input of necessary elements of judgment is required, including personal appearance; in the case of having to incorporate the (a) the procedure for the application of the rules of procedure for the application of the rules of procedure laid down in Article 3 (1) of the Treaty, and the provisions of Article 3 (3) of the Treaty, the case of the family reunification visa and other cases declared for urgent processing.

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 the term and the effects of the administrative silence (a) shall be deemed to be fulfilled by the insertion of an information note on such extremes in the application forms.

Additional provision fifth. Administrative silence.

After the deadline for resolving the applications, in accordance with the provisions of the previous provision, these may be deemed to be dismissed, in accordance with the provisions of the Additional Provision of the Law itself. Organic 4/2000, reformed by Organic Law 8/2000, and with the exceptions contained in said Additional Disposition.

Additional provision sixth. Resources.

Resolutions which are issued by the competent bodies of the Ministries of Foreign Affairs, Interior and Labour and Social Affairs, on the basis of the provisions of this Regulation, on the granting or refusal of visas, visa exemptions, extensions of stay or residence permits and work permits, as well as on governmental sanctions and expulsions of foreigners, will put an end to the administrative route, being able to stand against these resources legally provided for administrative or judicial purposes. Decisions on requests for the extension of the residence permit, renewal and modification of the work permit, 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, with their regime of enforceability being generally provided for in the legislation in force, except as provided for in the Law. Organic 4/2000, reformed by Organic Law 8/2000, for the processing of expulsion files with preferential character.

Additional provision seventh. Preferential treatment.

They will have preferential treatment for visa applications for residence for family reunification or for a visa for the obtaining of seasonal work permits, and requests for residence permits for family reunification, seasonal work permit and modification of work permit.

Additional disposition octave. Contribution to the unemployment contingency.

In hiring with foreign nationals holding the work permits referred to in Articles 76 and 78 or of the authorization to work provided for in Article 79 (1) (a) of this Regulation, will be listed in the unemployment contingency.

Additional provision ninth. Social integration.

The Public Administrations competent at each moment will be able to develop their competences in all those matters related to the social integration of the foreigners in Spain.

Additional provision 10th. Subcommittee on residence and work of foreigners in the Bilateral Cooperation Commission-State.

According to the provisions of the second provision of the Organic Law 4/2000, reformed by Law 8/2000, a Subcommittee will be constituted, within the Committee on the Bilateral Cooperation of the Canary Islands, which know about the questions of residence and work of foreigners that directly affect the Canary Islands.