I. On 21 January 1992, the Directorates-General of the National Institute of Employment and Migration issued joint instructions on "Enrollment of foreigners in INEM offices".

After four years of validity, these instructions have been overcome as a result of the profound reforms in the Law of Foreign Affairs, mainly due to the recent approval of the new Implementing Regulation. of the Organic Law 7/1985, of July 1, on the rights and freedoms of foreigners in Spain, as well as in labor regulations, once authorized the existence of non-profit placement agencies, by article 16.2 of the recast text of the Law on the Status of Workers.

II. In this regard, the Implementing Regulation of the Organic Law 7/1985 of 1 July 1985, approved by Royal Decree 155/1996 of 2 February (Official Gazette of the State No 47 of 23), which entered into force on 23 April, introduces a extensive modification in the regulation of work permit classes, creating new types of authorizations, such as permanent and extraordinary permits, which make it necessary to include them in these instructions, to the object of clarify those situations which are decisive for the action provided for in Article 42.2 of Law 51/1980, 8 October, Basic Employment, when foreign workers are concerned.

In addition, Article 59.2 of the new Implementing Regulation of Organic Law 7/1985 establishes, among the determining circumstances for the renewal of residence permits, that of foreign workers, in the case of a prior employment relationship, showing that the competent authority has recognised the right to a contributory unemployment benefit under the Social Security legislation for the duration of the benefit.

The recent case-law of the Supreme Court of the Supreme Court, which makes a novel interpretation of the concept of "protected unemployment" referred to foreign workers, is taken into account in this precept. to consider that the expiry of the work permit is not an obstacle to the recognition of that situation and, consequently, to the benefits deriving from such a contingency, with sufficient requirements, for such purposes, for the residence legal abroad in Spain that allows you to look for another job and register, therefore, in the employment office.

III. Moreover, the entry into force of Royal Decree 735/1995 of 5 May, which regulates non-profit placement agencies and integrated services for employment, implies the breakdown of the monopoly of the Public Employment Service. as a mediator in employment contracts, so that, in the common of cases, workers have the option of enrolling in the INEM itself or of applying for a job in one or more placement agencies, although the workers foreigners who are applicants and recipients of benefits and unemployment benefits must register and to maintain registration as jobseekers in the employment offices of the National Employment Institute, in compliance with the obligations laid down in the rules governing unemployment protection with that Institute.

Whereas, given that Article 42.2 of the Basic Law on Employment imposes on those subjects the obligation to register at the employment offices when they apply for an occupation, it is necessary to clarify the way in which they are employed. compliance with this procedure by foreign applicants, whether they have required the services of one of these placement agencies, or if the registration will be carried out in the INEM offices.

IV. Finally, it is necessary to update the provisions relating to the registration in the offices of the INEM of Community workers as a result of the signing of the Agreement on the European Economic Area on 2 May 1992, as well as the The European Union, following the Treaty signed at Maastricht on 7 February 1992, has the right of new Member States to join the European Union.

Based on the above, the Directorates-General of the National Institute of Employment and Labour and Migration agree to dictate the following.

INSTRUCTIONS

I. REGISTRATION OF FOREIGNERS IN THE OFFICES OF THE INEM AND IN THE PLACEMENT AGENCIES

I. 1 NATIONALS OF NON-COMMUNITY COUNTRIES

I. 2 REGULARIZATION

I. 3 CERTIFICATIONS

I. 4 PLACEMENT AGENCIES

I. 5 NATIONALS OF THE EUROPEAN UNION AND THE EUROPEAN ECONOMIC AREA

II. UNEMPLOYMENT BENEFITS

III. INTERCHANGE OF INFORMATION

I. REGISTRATION OF FOREIGNERS IN THE OFFICES OF THE INEM AND IN THE PLACEMENT AGENCIES

I. 1. Nationals of non-Community countries

A) Scope

May be registered in the employment offices, those foreigners who are not members of the European Union or the European Economic Area, who, in application of the current regulations on the permanence and the work of the foreign nationals in Spain, have recognized the right of access to the national labour market, or the possibility of access to it.

The employment offices will use for their registration as jobseekers, the foreign identity number (NIE), which must appear in all documents issued or processed. This number is unique, unique, and sequential.

B) Registration at the employment offices

1. The following shall be entered in the employment offices and the holders of the following work or residence permits shall be registered:

Work permit, type A, with a duration of more than ninety days, which leads to the granting of residence permits (Article 75.I. 1 of the Implementing Regulation of Organic Law 7/1985).

Work permit, type b (Article 75.I. 2 of the Implementing Regulation of Organic Law 7/1985).

Work permit, type B (Article 75.I. 3 of the Implementing Regulation of Organic Law 7/1985).

Work permit, type C (article 75.I. 4 of the Regulations of Organic Law 7/1985).

Work permit, type d (Article 75.II.1 of the Regulations of Organic Law 7/1985).

Work permit, type D (article 75.II.2 of the Regulations of Organic Law 7/1985).

Work permit, type E (article 75.II.3 of the Regulations of Organic Law 7/1985).

Permanent work permit (Article 75.IV of the Regulations of Organic Law 7/1985). Indefinite validity.

Extraordinary work permit (Article 75.V of the Regulation of Organic Law 7/1985). Indefinite validity.

Recognition of the exception to the need to obtain work permits for a period of more than ninety days, which leads to the granting of a residence permit (Article 16 of the Organic Law 7/1985).

Initial, ordinary and permanent, non-profit residence permits (Article 49 et seq. of the Organic Law 7/1985).

Residence permit due to exceptional circumstances (Article 53 of the Regulations of Organic Law 7/1985).

Document of identity of the refugees and family members to whom the family extension has been recognized to reside in Spain (Article 29.2 of Royal Decree 203/1995 of 10 February ("Official Gazette of the State" number 52, (2 March) for the adoption of the Regulation implementing Law 5/1984 of 26 March on the rules governing the right of asylum and refugee status, as amended by Law 9/1994 of 19 May.

2. By way of derogation from the foregoing point, the holders of already expired permits b, B and C may be entered and entered in the register, certifying the application for the renewal of a residence permit under the provisions of Article 59.2. and 5 of the Implementing Regulation of Organic Law 7/1985.

The persons who credit the application for renewal of a work permit may also be registered and registered, as provided for in Article 90 of the Implementing Regulation of Organic Law 7/1985.

3. The holders of licences C and E may also be entered and registered for the three months following the date of their expiry.

4. Finally, holders of permanent or extraordinary permits may be registered and remain registered, even if the cards that document these authorisations have expired.

C) Enrollment Denial

Employment offices shall not register foreign nationals who have obtained a document or work permit from some of the types listed below, unless otherwise provided for in their inclusion. in other paragraphs of these instructions:

Work permit, type A ", when it has a period of validity equal to or less than ninety days (article 75.I. 1 of the Implementing Regulation of Organic Law 7/1985). This permit is granted for seasonal activities or works of limited duration, it may be extended but cannot be renewed.

Work permit, type F (Article 75.III of the Regulation of Organic Law 7/1985). This permit authorizes the carrying out of gainful, labor, or professional activities of their own or others in the border areas of the Spanish territory, to foreign workers who return daily to the border area of a country neighbor, in which they reside.

Recognition of the exception to the need to obtain work permits for a period of 90 days or less (Article 16 of the Organic Law 7/1985).

Student card (Article 73.3 of the Regulations of Organic Law 7/1985), even if the foreigners documented with it are authorized exceptionally for the realization of gainful activities, compliance with that provision.

D) Measures to promote employment

Registration in the INEM offices of foreign national workers from third countries (not belonging to the European Union, nor to the European Economic Area) will prove them as jobseekers and will allow their (i) access to vocational training, professional information, career guidance, job search or occupational vocational training courses, or any of the measures aimed at improving the occupation of the labour market; of the unemployed claimants, in accordance with the rules laid down in each case specific.

It will not result in benefits derived from employment promotion programs, whatever their mode, contracts for permits

of work A and b (initial), except that beneficiaries with prior legal residence in Spain, are spouses or children of foreign citizens, holders of a non-initial work permit (Article 76.4 of the Law Regulation) Organic 7/1985).

I. 2. Regularised foreigners from non-Community countries

Council of Ministers adopted at its meeting on 7 June 1991 the Agreement on the regularisation of foreign workers, published by resolution of the same date, by the Undersecretary of the Ministry of Foreign Affairs the Cortes and the Secretariat of Government ("Official State Gazette" of 8 June).

This Agreement and its development provisions laid down the criteria for the regularisation of foreigners who will work in Spain irregularly, as well as the procedure for the resolution of applications. presented.

Although the process of regularization initiated under this regulation has concluded once all the requests submitted by the interested parties have been resolved, it must be stated that, as of today, authorizations continue to be issued of types b (r) and D (r), as a result of judgments handed down by the Courts of Justice.

It follows the need for these instructions to provide for those assumptions in which foreign workers apply for registration on the basis of any of the documents listed below:

Enrollment in employment offices:

Permission b (r). The INEM offices shall register foreign nationals who have obtained such authorization to work for an employed person during the period of validity of the same.

Permission D (r). The INEM offices shall register foreign nationals who have obtained such authorization to work for their own account during the period of validity of the authorization.

I. 3. Registration by the INEM offices prior to certification of the Provincial Labour and Social Affairs Diretions

A) The employment offices shall register the foreign nationals who provide certification for that purpose issued by the Provincial Labour and Social Affairs Directorates (Foreign Administrative Unit) or by the Directorate-General of Work and Migration, which accredits that it is in any of the following assumptions:

Have been Spanish.

Being a child or grandchild of Spanish of origin.

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

Being a spouse or child of a foreign worker who has a non-initial work permit (either on behalf of an employed or self-employed person) or a work permit of type b (r).

Have had the condition of asylum or refugee. In this case, the preference may be enjoyed only during the year following the loss of the said condition.

To be an applicant for asylum, in accordance with the provisions of Article 15 of the Regulation implementing Law 5/1984 of 26 March, as amended by Law 9/1994 of 19 May.

Being a family member, not included in the case referred to in paragraph (f) of Article 77.1 of the Rules of Foreign Affairs, of a foreign worker residing in Spain.

B) In addition to the cases referred to in the previous paragraph, the Directorate-General for Work and Migration in the performance of its tasks may determine other cases in which the certificates are issued.

I. 4 Placement Agencies

A) Foreign workers who are included in any of the assumptions that give rise to registration, in accordance with the provisions of these instructions, may complete such a procedure in the offices (a) the employment of the INEM, without prejudice to the fact that they may require the services of the placement agencies for the purposes set out in Royal Decree 735/1995 of 5 May.

(B) However, applicants and recipients of unemployment benefits and allowances shall be required to register and maintain registration as jobseekers in the employment offices of INEM, in accordance with the provisions laid down in the Article 10.2 of Royal Decree 735/1995.

I. 5 Nationals of Member States of the European Union and the European Economic Area

On 25 June 1991, the Council of the European Communities adopted Regulation (EEC) No 2194/1991 on the transitional period applicable to the free movement of workers between Spain and Portugal on the one hand, and Member States, on the other hand, bringing forward the end of this period to 31 December 1991 and for the case of Luxembourg to 31 December 1992.

Also, the entry into force on 1 January 1994 of the Agreement on the European Economic Area, signed in Oporto on 2 May 1992 and ratified by Spain on 26 November 1993, between the European Community, the Member States Member States and Austria, Finland, Iceland, Norway and Sweden, with the exception of Liechtenstein, which entered into force on 1 January 1995, means that from that date the free movement of goods will apply to nationals of these countries. movement of workers planned for Community nationals.

On the other hand, it must be borne in mind that, since 1 January 1995, Austria, Finland and Sweden have become full members of the European Union as a result of the signing of the Treaty signed at Maastricht, 7 of February 1992.

A) Scope

In accordance with the above, the free movement of workers is guaranteed to nationals of the Member States of the European Union and the European Economic Area, as follows:

European Union countries:

Belgium.

Denmark.

Germany.

Greece.

France.

Ireland.

Italy.

The Netherlands.

Portugal.

United Kingdom.

Luxembourg.

Austria.

Finland.

Sweden.

European Economic Area Countries:

Iceland.

Norway.

Liechtenstein.

B) General rules on the free movement of workers

Article 1 of Council Regulation (EEC) No 1612/1968 of 15 October 1968 provides that ' any national of a Member State, irrespective of his place of residence, shall have the right to take up an activity as an employed person, to be exercised in the territory of another Member State, in accordance with the laws, regulations and administrative provisions governing the employment of national workers in that State. In addition, it will benefit in the territory of another Member State of the same priorities as nationals of that State in access to available jobs. "

In accordance with the provisions of Article 3 (last paragraph) of the same Regulation, the laws, regulations or administrative provisions, or administrative practices of a Member State, which are subordinate to access to employment on conditions of registration at the place of placement, in the case of persons belonging to the Member States of the European Union or of the European Economic Area who do not reside in the territory of that State.

According to Article 5 of the same Regulation, " the national of a Member State seeking employment in the territory of another Member State shall receive the same assistance there as the employment offices of the State grant to its own nationals seeking employment. "

C) Criteria for enrollment

As far as the States listed in point I. 5 of these Instructions are concerned, the following criteria shall apply:

(a) The prior registration of workers who do not reside in Spain shall not be required, be nationals of those States and be nominated for work.

(b) For the registration in the INEM offices of national workers of those States seeking employment, the same rules shall apply as for the registration of Spanish nationals, without requiring prior obtaining of a residence card.

(c) These same criteria shall apply to third-country nationals who are a spouse, a child under the age of twenty-one years, or older than a country of the European Union or the European Economic Area (including Spain). in Spain.

II. UNEMPLOYMENT BENEFITS IN FAVOUR OF FOREIGN WORKERS

Article 8 of the Implementing Regulation of Organic Law 7/1985, of July 1, contemplates, among the rights of foreigners who are legally in Spain, that of access to care and social benefits before situations of need, in particular, in the event of unemployment, in accordance with the provisions of the Social Security legislation, contained in the recast of the General Law on Social Security, adopted by Royal Decree 1/9494, of 20 June, and in particular Title III on the protection of unemployment.

Likewise, the aforementioned Regulation establishes in its article 69 the equality in working conditions and social protection for foreigners authorized to work in Spain as an employed person, with respect to the Spanish.

Consequently, foreign workers who are legally resident in our country, and who meet the legally required requirements, will be entitled to the recognition of unemployment benefits and benefits derived from such benefits. contingency under the quoted occupation period, under the same conditions as nationals.

According to the above, and since the recognition and enjoyment of unemployment benefits is conditioned in the case of foreign workers, to their legal residence in Spain, as well as to the registration as (a) the employment situation in the INEM employment offices, which is the result of the creation of an employment office in the Member State of the Member State of the European Union;

1. Foreign national workers from countries not belonging to the European Union or to the European Economic Area:

A) Domestic foreign workers from countries not belonging to the European Union or the European Economic Area, who are legally resident in Spain and who meet the requirements laid down in Title III of the recast text of the The General Law of Social Security, approved by the Royal Legislative Decree 1/1994 of 20 June, will be entitled to unemployment benefits on a contributory and welfare level.

B) For the purposes of the recognition of unemployment benefits on a contributory or welfare level, the registration of the unemployed person as a jobseeker in the employment offices of INEM shall be considered a necessary requirement.

Such registration may be effected only on the basis of the documents mentioned in Instruction I, point I. 1.B, I. 2. and I. 3. of this Circular, the following:

Job permission b, b (r), B, and C in effect.

Permanent and extraordinary work permits in force, or even if the cards that document these authorizations have expired.

Expired work permits b, b (r), B and C, as well as work permit A, longer than ninety days, expired, provided that the person concerned accredits his legal residence in Spain by:

Initial, regular or permanent residence permit, not lucrative in effect.

Application for renewal of the work permit, under the provisions of Article 90 of the Implementing Regulation of the Orga-nica 7/1985 Law.

Application for renewal of the residence permit under the provisions of Article 59.2 and 5 of the Implementing Regulation of Organic Law 7/1985.

Holders of residence permits for exceptional circumstances in force, to whom an authorization to work has been granted, in accordance with Article 74.2 of the Implementing Regulation of the Organic Law 7/1985, or submit applications for renewal to the expiry of the same period.

Document of identity of the refugees and family members to whom the family extension has been recognized to reside in Spain, even if the card has expired, provided that the refugee status persists, as there is no revocation agreement.

C) Once the unemployment benefit or allowance is recognised, the unemployed person will maintain his/her perception as long as he/she continues to meet the required requirements and continue to be registered as a jobseeker, in accordance with the provided in the preceding letter.

In another case, the termination of the unemployment benefit or allowance shall be made, except in cases where the interruption of the registration as a jobseeker has the consideration of a minor infringement, without a repeat, of In accordance with the provisions of Law 8/1988 of 7 April 1988 on infringements and penalties in the social order.

2. Foreign workers from the countries of the European Union and the European Economic Area.

A) National foreign workers of the European Union and the European Economic Area meeting the requirements set out in Title III of the recast of the General Law on Social Security, adopted by Real Legislative Decree 1/1994, of 20 June, will be entitled to unemployment benefits of contributory and assistance level according to the already foreseen in the Circulars of the following INEM Directorate General:

Circular 22/1986 of 22 June 1986 on the harmonization of the rules on unemployment protection in Spain with the provisions of Regulation EEC 1408/1971 and 574/1972 on the Social Security of Migrant Workers.

Circular 2/1992, of 22 January, adapting Circular 22/1986 to the free movement of workers.

Circular of 15 June 1993 on the inclusion in the field of application of Regulation (EEC) 1408/1971 and 574/1972 of the unemployment benefit.

Circular 3/1994 of 27 January, implementing the Agreement on the European Economic Area of 2 May 1992 on employment and unemployment protection.

(B) For the purposes of applying for and collecting unemployment benefits and allowances, the registration as a claimant of employment of foreign nationals of the countries of the European Union and of the Economic Area European shall be carried out in accordance with the provisions of Instruction I, point I. 5 of this Circular.

III. INTERCHANGE OF INFORMATION

1. The Directorates-General of the INEM and Labour and Migration will establish the information systems necessary for the control of data of interest in their respective areas of competence, relating to Community and foreign workers of Third States, with reference to their registration as jobseekers, registration of contracts and placements, inclusion in the system of benefits in the programmes of information, training and promotion of employment.

2. The information systems necessary for the knowledge of the situation and developments in the national labour market shall also be established in the various sectors of activity and geographical areas in order to assess the coverage forecasts. of jobs for foreign workers.

Repeal provision.

The present instructions leave no effect as set out in those approved by Directorates-General of the National Institute of Employment and Migration, on 21 January 1992, on the registration of foreigners in the offices of the INEM.

Madrid, July 11, 1996. -Director General of the National Institute of Employment, Juan Pedro Chozas Pedrero. -Director General of Work and Migration, Soledad Cordova Garrido.