in December 1990, a report on the "situation of foreigners in Spain: basic lines of Spanish foreign policy" was sent by the government to the Congress of Deputies, in compliance with the motion approved by the Plenary session of the House at its meeting on 26 June 1990.

As a result of this report, the Congress of Deputies approved on April 9, 1991 a non-law proposal on the situation of foreigners in Spain, in which it urged the government to implement certain actions in relation to foreigners resident in Spain.

To date, the government has taken the necessary measures to comply with the provisions of the proposed Law: the process of regularization of 1991, the modification of the legislation on asylum and refuge, Creation of the Interministerial Committee on Foreign Affairs, establishment of a contingent of foreign labour, development of a broad programme of actions to promote and social integration of immigrants, approval of the Plan for Integration Social of the Immigrants, etc.

In the 1990 Government report, it is pointed out, in relation to the norms derived from the Organic Law 7/1985, that " it is necessary to recognize that the technical complexity and the prolijity of the Decrees of the Development of the Law have made it difficult seriously its correct application ".

In this context and in accordance with what was already mentioned in the 1990 government report, the Inter-Ministerial Committee on Foreign Affairs agreed to proceed with the reform of the implementing regulation of the Organic Law 7/1985, for which constituted a working group in which representatives of various ministerial departments participated in the elaboration of this project, which has subsequently been the subject of consultation of the trade unions and organizations Government officials working in direct contact with foreign residents of our country.

The reasons for the reform of the Implementing Regulation of Organic Law 7/1985 can be specified in the following:

1. The changes that have occurred in our country in relation to the migratory phenomenon from 1986 to date, highlighting the increase of the foreign population resident in Spain.

2. The international commitments entered into by our country, which oblige us to adapt our legal order to the provisions of these international norms, especially with regard to the Treaty on European Union, the provisions adopted (i) developing the same (admission of foreign workers, family reunification, etc.), and the Convention implementing the Schengen Agreement.

3. The necessary adequacy of the Implementing Regulation to Law 30/1992, of 26 November, on the Legal Regime of Public Administrations and the Common Administrative Procedure, in aspects such as the simplification of formalities in the procedures, the effects of the lack of resolution expressed in each procedure, the non-requirement of documents held by the administration, the principles of the sanctioning procedure, etc.

4. The need to adapt the Regulation to the new administrative organisation with competence in the field of foreign nationals, which has been appearing since 1986 to date.

5. The objective of improving the legal stability and security of foreign workers, as essential requirements for their integration, in accordance with the guidelines of the Plan for the Social Integration of Immigrants.

With regard to the new features of this Regulation on the former, these are marked by the reasons which have led to their reform and which have been set out above, and should be noted among the most important ones. reference to the rights and freedoms of foreigners, the establishment of a new visa system, the control of foreign entries, residence permits, the creation of permanent resident status, a new regulation of work permits, establishing a workforce contingent, creating a document In the case of all foreign residents, as well as the regulation of a new sanctioning procedure, the causes of expulsion provided for in Article 26.1 of the Organic Law 7/1985.

Finally, it should be noted that it has been considered appropriate to provide this Regulation with a new structure, which is more coherent than the one in the previous one.

In the process of this Regulation, apart from the provisions of the regulations in force for the adoption of the general provisions, the latter has been the subject of a report by the Economic and Social Council, in accordance with the provisions of the Article 7 of Law 21/1991 of 17 June.

In its virtue, prior to the favourable report of the Interministerial Committee on Foreign Affairs, on a proposal from the Ministers of Foreign Affairs, Justice and Home Affairs, Labour and Social Security and Social Affairs, with the approval of the Minister for Public Administrations, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 2 February 1996,

DISPONGO:

Single item. Adoption and scope of the Regulation.

1. The Regulation implementing the Organic Law 7/1985 of 1 July 1985 on the rights and freedoms of foreigners in Spain is hereby adopted.

2. In accordance with the provisions 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 a party.

3. The rules of the Implementing Regulation of the Organic Law 7/1985 of 1 July 1985 will be applied in an extra way to 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 parties to the Agreement on the European Economic Area, signed at Oporto on 2 May 1992 and ratified by Spain on 22 November 1993, as well as to those implementing Law 5/1984 of 26 March on the right of asylum and of the refugee status, as amended by Law 9/1994 of 19 May.

Additional disposition first. Rules applicable to procedures.

The procedures laid down in the Implementing Regulation of Organic Law 7/1985 are included in the scope of Law 30/1992, of 26 November, on the Legal Regime of Public Administrations and of the Common Administrative Procedure, in particular with regard to the rights set out in Article 35 thereof.

Additional provision second. Time-limits for the procedures to be resolved.

Without prejudice to the provisions of Article 49.2 of the Law on the Legal Regime of Public Administrations and the Common Administrative Procedure, the maximum general time limit for resolving requests to be made by the interested in the procedures laid down in the Implementing Regulation of the Organic Law 7/1985, of 1 July, will be three months. Requests for residence permits for family reunification and seasonal work permits are excepted, which will be resolved in the middle of the general deadline. Applications for a family reunification visa shall be settled in any case within three months.

Additional provision third. Alleged acts.

After the deadline for resolving applications, in accordance with the provisions of the foregoing provision, these may be deemed to be dismissed in accordance with Articles 43 and 44 of the Law on Legal Conditions. of the General Administration and the Common Administrative Procedure and Royal Decree 1778/1994 of 5 August 1994.

Additional provision fourth. End of the administrative route.

The resolutions of the competent bodies of the Ministries of Foreign Affairs, Justice and Home Affairs, Labour and Social Security and Social Affairs, on the basis of the provisions of the Rules of Procedure adopted by the This Royal Decree, on the granting, refusal or exemption of visas, 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, may be brought against the relevant action before the Jurisdiction administrative-litigation. Decisions on the renewal of work and residence permits are exempted, which do not exhaust the administrative route, and may be brought against the same ordinary administrative appeal prior to the court.

Additional provision fifth. Coordination and collaboration of public administrations.

In order to ensure the proper coordination and collaboration of public administrations in the provision of basic, care or social, health and child protection, in accordance with the provisions of the In the Regulation approved by this Royal Decree, the competent ministries may be convened by the competent ministries of the various Autonomous Communities in the Sectoral Conference, as well as the conclusion of agreements of collaboration between Article 5 and 6 of Law No 30/1992 of 26 November 1992.

Additional provision sixth. Preferential treatment.

Visa applications and residence permits for family reunification and seasonal work permits will be given preferential treatment.

Additional provision seventh. Budget appropriations.

All expenditure arising from the application of this Regulation shall be satisfied by the Ministries of Foreign Affairs, Justice and Home Affairs, Labour and Social Security and Social Affairs, in the field of their (a) their powers, under their ordinary budget appropriations, for the financial year in which the obligations are recognised.

In case of insufficiency of the same, its modification will be financed from other appropriations of the budget of the corresponding Department.

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 will be processed and resolved in accordance with the procedures provided for in the Regulation approved by Royal Decree 1119/1986 of 26 May, except that the Request the application of this Regulation.

Transitional provision third. Documentation of foreigners in irregular situation.

1. Foreigners who are in an irregular situation in Spain who meet the following requirements may be documented with a work and residence permit or residence permit:

(a) To be found in Spain before 1 January 1996.

b) Haber has been a holder of a work and residence permit or residence permit after the entry into force of Royal Decree 1119/1986 of 26 May, for which the previous implementing regulation of the Law was adopted Organic 7/1985.

(c) Not to be subject to any of the reasons for the expulsion of paragraphs (c) and (d) of Article 26.1 of the Organic Law 7/1985 of 1 July 1985 on the rights and freedoms of foreigners in Spain, nor those which, having been have been expelled prior to any of these causes, the entry into the Spanish territory is prohibited, unless the expulsion has been prescribed on the basis of the provisions of the Regulation which is approved by this Royal Decree.

2. The family members of the foreigners provided for in the previous paragraph who are included in Article 54.2 of the Regulation which is approved by this Royal Decree may be documented with a residence permit or work and residence permit, provided that they meet the requirements laid down in paragraphs (a) and (c) of paragraph 1.

3. The lodging of a residence visa shall not be required for persons who request to be documented on the basis of the provisions of this transitional provision.

4. Applications must be submitted within four months of the entry into force of this Royal Decree.

5. By Agreement of the Council of Ministers, following the report of the Inter-Ministerial Committee on Foreign Affairs, the measures will be taken and the instructions necessary for the implementation and development of the provisions of this provision will be issued.

Single repeal provision. Regulatory repeal.

The Royal Decree 1119/1986, of 26 May, which was adopted by the Implementing Regulation of the Organic Law 7/1985 of 1 July 1985, and all other provisions of equal or lower rank, which are contrary to the provisions of the Treaty, are repealed. in this Royal Decree.

Final disposition first. Development.

The Ministers for Foreign Affairs, Justice and Home Affairs, Labour and Social Security and Social Affairs are hereby authorised to issue, in the field of their respective powers and, where appropriate, the Commission's report. Interministerial of Extranjería or of its delegated Commissions, the rules that are necessary for the execution and development of the provisions of this Royal Decree. This power shall be the responsibility of the Ministry of the Presidency, on a joint proposal from the Ministries concerned in each case, and subject to the report of the Interministerial Committee on Foreign Affairs, in respect of matters not covered by the exclusive competence of each of them.

Final disposition second. Entry into force.

This Royal Decree and the Regulation which is hereby approved shall enter into force two months after the date of its publication in the Official Gazette of the State.

Given in Madrid on 2 February 1996.

JOHN CARLOS R.

The Minister of the Presidency,

ALFREDO PEREZ RUBALCABA

REGULATION OF IMPLEMENTATION OF THE ORGANIC LAW 7/1985, OF JULY 1, ON THE RIGHTS AND FREEDOMS OF FOREIGNERS IN SPAIN

PRELIMINARY CHAPTER

Rights and freedoms of foreigners in Spain

SECTION 1. RIGHTS AND FREEDOMS IN GENERAL

Article 1. Rights and freedoms.

1. Foreigners shall enjoy the rights and freedoms recognized in Title I of the Constitution, in the terms established by the laws that develop them, the international treaties signed by Spain and, in particular, the Organic Law 7/1985 and the provisions of this Regulation.

2. Likewise, foreigners are the same as Spaniards before the law according to the provisions of the law and the international treaties signed by Spain, in particular the International Covenant on Civil and Political Rights of December 19, 1966.

SECTION 2. SUBJECTIVE RIGHTS

Article 2. subjective rights of the person.

1. Foreigners are fully guaranteed in the Spanish territory, on an equal footing with the Spanish, the rights that are inherent to the people.

2. Foreigners have the right to education under the same conditions as Spaniards.

3. Foreigners are entitled to legal assistance in case of detention, which will be provided on their own initiative, if necessary, and to be assisted by interpreter, if they do not understand or speak Spanish, and free of charge in the case of media economic.

SECTION 3. RIGHTS OF FOREIGNERS WHO ARE LEGALLY IN SPANISH TERRITORY

Article 3. Residence and free movement.

Foreigners have the right to move freely within the national territory and also freely establish their residence, as well as to register in the municipality in which they reside, either as residents, or, where appropriate, as passers-by, without further limitations than those provided for in the laws and those determined for reasons of public safety, as laid down in Article 6 of the Organic Law 7/1985.

Article 4. Meeting and Association.

1. Foreign nationals may exercise, without prior administrative authorization, the right of assembly referred to in Article 21 of the Constitution, which may be limited in the terms laid down in Article 7 of the Organic Law. 7/1985.

2. Foreigners may promote and participate in associations, under the right of association, governed by Article 22 of the Constitution and in the terms provided for in Article 8 of the Organic Law 7/1985.

Article 5. Suffrage and access to public office performance.

1. Foreign nationals may not be entitled to the right to vote or to stand as a candidate unless, on the basis of reciprocity criteria, the right to vote and to stand as a candidate in municipal elections can be established by treaty or law, the provisions of Article 13.2 of the Constitution.

2. Foreigners will not be able to access the performance of public office or the exercise of authority, in accordance with Article 5 of the Organic Law 7/1985.

Article 6. Syndication and strike.

Foreign workers have the right to freely join the Spanish trade union or organization of their choice, as well as the exercise of the right to strike, under the same conditions as workers. in accordance with the provisions of Article 28 of the Constitution.

Article 7. Education and freedom of education. Creation and management of teaching centres.

Foreigners will have the right to education and freedom of education, as well as to the creation and management of educational institutions in accordance with the provisions of the legislation governing these matters, taking into account the contained in the international treaties signed by Spain and, failing that, in accordance with the principle of reciprocity.

Article 8. Social assistance and benefits.

Foreigners will have access to social assistance and benefits in situations of need, especially in the event of unemployment, in accordance with the rules laid down in the regulatory regulations, especially those relating to Social security system.

Article 9. Health protection.

Foreigners will be able to access the services and services organized by the public authorities for the protection of health, in accordance with the provisions of the specific legislation on the subject.

Article 10. Foundation and freedom of enterprise.

Foreigners will have the right to constitute foundations for purposes of general interest, as well as freedom to set up companies, subject to compliance with the requirements laid down in the regulations governing the exercise of the same.

Article 11. Access to the exercise of entitled professions.

Foreigners will be able to access the exercise of professions entitled in Spanish territory and to join the corresponding professional schools, after the procedures established normatively for each profession.

SECTION 4. FOREIGN MINORS

Article 12. Foreign minors in general.

Foreign minors who are in Spanish territory will be treated in accordance with the United Nations Convention on the Rights of the Child of 1989, ratified by Spain in 1990, and will be entitled to the (a) education in accordance with the provisions of the Organic Law 1/1990 of 3 October on the General Ordination of the Educational System, as well as health care and other social benefits, in accordance with the provisions of the said Convention and in Article 10.3 of the Organic Law 1/1996, of 15 January, of Legal Protection of the Child.

Article 13. Minors in distress.

1. In the case of minors in distress under the terms laid down in civil law, they shall be entrusted to the child protection services of the relevant Autonomous Community, and shall also be aware of them. of the Prosecutor's Office. In no case shall these minors be subject to the expulsion measures provided for in Article 26.1 of the Organic Law 7/1985 and in this Regulation:

(a) In the case of minor asylum seekers, the fourth paragraph of Article 15 of the Implementing Regulation of Law 5/1984 of 26 March on the right of asylum and the condition of refugee, as amended by Law 9/1994 of 19 May.

(b) In the other cases, the competent public authorities shall cooperate with the child protection services for the family reunification of the child in his or her country of origin or where his or her family members are located. The child may also be repatriated when the competent services for the protection of minors in his or her country of origin are responsible. In any event, the Spanish authorities shall ensure that the return of the child cannot be a danger to his or her integrity, or to persecution or to his or her family.

2. A residence permit shall be granted to the body which exercises the protection, the effects of which shall be taken back to the time when the child has been made available to the competent services for the protection of minors in the Community. Corresponding autonomic. If the child of documentation and for any cause cannot be documented by the authorities of any country, it shall be documented in accordance with the provisions of Article 63 of this Regulation.

Article 14. Temporary transfer to Spain of foreign minors.

The coming of foreign minors to Spain, for programs of temporary reception, will need the express authorization of the one who has the parental authority or guardianship, as well as of the authorities of the country of origin, if circumstances of military conflict advise him. The conformity of the authority of the Autonomous Community with competence in the field of minors will also be necessary. The Ministries of Foreign Affairs and Justice and Home Affairs will coordinate and authorize the coming and stay of these minors. Where the transfer involves schooling, the competent bodies on minors shall request the cooperation of the competent bodies in the field of education.

Article 15. Transfer to Spain for the adoption of foreign minors from conflict zones.

Children coming from a war-torn country or region may not be brought to Spain for adoption purposes, unless the necessary steps have been taken to ensure the location of the child. their families, through the competent bodies, and that the precautions required by the international commitments undertaken by Spain have been complied with, as well as the recommendations of the international bodies with competence in the field.

CHAPTER I

Input and Output positions

Article 16. Entry and exit by qualified posts.

1. Entry into and exit from Spain by land borders, ports or airports shall be carried out by the posts authorised for that purpose, during the days and hours indicated, except in cases of force majeure, and under the control of the competent officials of the Directorate-General of the Police. At the border posts where appropriate, the days and hours of closure shall be indicated for the public.

2. By way of derogation, the authorities responsible for border control may authorise the crossing of borders outside the designated posts or 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 ten years. 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 1 of this Article, of the vessel to which they are They must be in possession of a visa, if necessary. The right to land the seafarer may be refused, representing a threat to public order or national security.

Article 17. Enabling posts.

In accordance with the national interest and the provisions of the 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 Presidency of the Government, on the proposal of the Ministers of Foreign, Justice and Home Affairs and the Economy and Finance.

b) In the case of the clearance of posts at ports or airports, the Order of the Presidency of the Government shall be adopted on a joint proposal from the Ministers for Foreign Affairs, Justice and Home Affairs and the Economy and Hacienda, after a favourable report by the ministerial department or entity that depends on the port or airport.

Article 18. 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 when circumstances are met, and in particular:

(a) On the proposal of the Minister of Defense, in the supposed declaration of the state of siege and in all the cases in which the National Defense requires it.

(b) A proposal by the Minister of Justice and Home Affairs, in the case of a declaration of the states of alarm and exception, in other cases of serious risk, disaster or public calamity, as necessary, as well as in all the (a) the conditions for the protection of the security of the State.

(c) On a proposal from the Minister of Justice and Home Affairs, following a favourable report by the Minister for Health and Consumer Affairs, in cases of epidemic, except as provided for in the previous paragraph.

2. In the cases referred to in subparagraph (b) of the preceding paragraph, the Minister for Justice and Home Affairs may order the temporary suspension of the passage by one of the appointed posts, as long as the determining circumstances and until The Council of Ministers has taken a position on this.

3. In cases other than those referred to in the preceding paragraphs, if the location of the posts is unnecessary or inconvenient, the closure or removal may be carried out by the same formalities provided for in the Article previous.

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

CHAPTER II

Documentation, Visas, and Entries

SECTION 1. PASSPORT AND TRAVEL DOCUMENTS

Article 19. 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 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.

b) Travel title, validly issued and in force.

c) A national identity document, identification card or any other document that establishes its identity and is 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. for this purpose under international law and, in any event, contain sufficient data for the identification of the identity and nationality of the holders.

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 Ministry of Justice and Interior.

SECTION 2. VISITS

Article 20. 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 less than three months in a period of six or for transit less than five days, they will not need a visa:

(a) 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.

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. These authorisations must be in force at the time of application for entry.

3. Foreign holders of a residence permit, a provisional residence permit, a diplomatic accreditation card, or a return authorisation provided for in Article 119.6 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 21. Transit visas. Classes.

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

a) Visado of port or airport transit: enables the foreigner specifically subjected to this requirement, to transit through the international transit zone of a seaport or a Spanish airport, without access to the national territory, during stopovers or links of navigation or flight.

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

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 22. Visas for stay. Classes.

1. Stay visas may be granted to foreigners who wish to stay in Spain for up to three months.

2. Stay visas may be:

(a) Travel visa or short stay: entitles a foreigner to apply for 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 as of the date of 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: enables foreign nationals who, for professional reasons, must frequently travel 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.

3. 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.

4. Courtesy visas may be granted to persons referred to in Article 2 of Organic Law 7/1985, on diplomatic, official or service passports. These visas may be extended by the Ministry of Foreign Affairs.

5. Study visas may be granted to foreigners who wish to come to Spain for study, training or research activities.

Article 23. 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, subject to a favourable report by the competent authority, to foreigners who are in one of the cases referred to in Article 54 of this Regulation. and request it to regroup with a relative resident in Spain. Such a report shall be binding in respect of the conditions to be established by the applicant in accordance with Article 28.1 of this Regulation.

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 competent authority.

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 16 of the Organic Law 7/1985. The granting of such visas shall be preceded by the recognition by the competent authority that they are exempt from the obligation to obtain work permits, except in cases (c), in the case of staff dependent on institutions. public, (d), (e) and (f) of the abovementioned Article.

5. Residence visas for asylum may be granted to foreigners who have processed and obtained recognition of the status of a refugee on the basis of an application lodged in a diplomatic mission or Spanish Consular Office. agreement with the 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.

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

Article 24. 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. It will accompany a meat-sized photograph, 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.

2. The application for a visa must be submitted by the applicant personally or through duly accredited representative, to the Spanish Diplomatic Mission or Consular Office in whose demarcation the foreigner resides. Exceptionally, and on the grounds that it is justified, this application may be submitted 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. laid down 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 transit or stay visas valid for the Spanish territory and on behalf of Spain.

Article 25. 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.

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

(d) The guarantees of return to the country of origin and, 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.

2. Documents certifying:

may be required of the applicant:

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

(b) The situation of the applicant's social and professional solvency.

c) Paternal authorization to travel, if the applicant is a minor.

3. The Diplomatic Mission or the Consular Office may require the presence of the applicant and, where necessary, maintain a personal interview, in order to verify the identity of the applicant, the validity of his or her personal documentation documentation provided, the regularity of the stay or residence in the country of application, the reason, itinerary, duration of the trip and the guarantees of return to the country of residence.

Article 26. 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 meat-sized photographs. 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, to the Diplomatic Mission or Consular Office in whose demarcation the foreigner resides.

Article 27. 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 as provided for in Article 37 of this Regulation.

2. The Diplomatic Mission or Consular Office may require the personal presence of the applicant and, where necessary, maintain a personal interview, in order to verify: the identity of the applicant, the validity of the personal documentation or the documentation provided, the regularity of the residence in the country of the application, the economic, academic or professional circumstances of the applicant, the eventual contribution of the applicant to the Spanish interests, the possibilities of the applicant for adaptation to Spanish society.

Article 28. 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 56 (5) and (7) of this Regulation, as well as the holder of a residence permit already renewed. The family member included in one of the cases referred to in Article 54 (2) of this Regulation shall submit, together with the application for a visa, a copy of the request for a report, registered by the said authority, as well as the documentation that accredits the relationship and, where appropriate, the legal and economic dependence.

2. 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 governmental authority is required is not required, according to the provisions of the previous paragraph.

3. 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, validation or recognition of his foreign title by the Ministry of Education and Science.

4. Where a residence visa is applied for in order to pursue gainful employment, the foreign national must present a copy of the offer of work, completed in the official model established by the Directorate-General for Migration, registered by the competent authority to inform the visa application.

5. 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 16 of the Organic Law 7/1985, as defined in the implementing rules of that article.

6. Where a non-profit-seeking residence visa is applied, the foreign national must provide documentation proving that he has a means of life, or is going to receive regular, sufficient and adequate income for him and his family members. 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 29. 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 documentation required, how many reports it deems appropriate to resolve such a request, and in particular to assess the circumstances referred to in Article 25 (3).

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 will also be incorporated into the arguments presented by natural or legal persons in Spain or abroad, with interest in the granting or refusal of the visa.

4. Submitted in the form of a visa application, the Diplomatic Mission or Consular Office shall instruct the relevant file and shall submit to the Ministry of Foreign Affairs the application for a visa, accompanied by a report and documentation. 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 30. Processing of the residence visa files.

1. The Diplomatic Mission or Consular Office to which the application for a residence visa has been submitted may require, in addition to the documentation required, how many reports it deems appropriate to resolve such a request and in particular for assess the circumstances referred to in Article 27 (2).

2. Presented in the form of a 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 the necessary documentation, in order to apply for authorisation to issue the visa.

3. When applying for a residence visa for family reunification, the Ministry of Foreign Affairs, in accordance with Articles 23.2 and 28.1 and 2 of this Regulation, shall communicate to the governmental authority which has been submitted in the form of the application for a visa and shall require that authority to send it the relevant report.

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.

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 pursue an activity included in the cases except for the obligation to obtain a work permit, the Ministry of Foreign Affairs shall require a corresponding report from the labour authority, as set out in Article 23 (4).

7. When applying for a residence visa for non-profit-making activities, the Ministry of Foreign Affairs may require a corresponding report from the governmental authority, in cases and in the manner set out in the implementing rules.

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 31. Visa processing in exceptional circumstances.

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.

2. The Ministry of Foreign Affairs, exceptionally, and in accordance with the International Agreements signed by Spain, may entrust the issue of visas at the border.

Article 32. Resolution of the visa files.

1. For the granting of the visa, it will be in the interest of the Spanish State and its nationals, and the implementation of the international commitments made by Spain under the framework of the common visa arrangements. 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. The Diplomatic Mission or Consular Office shall verify that the applicant is not prohibited from entering Spain. It will then assess the documentation and reports incorporated in the file and resolve the visa application.

3. The time limit for the resolution of the visa application shall be extended, in any case, in accordance with Article 49.2 of Law No 30/1992 of 26 November 1992.

4. The resolution shall be notified to the applicant in such a way as to ensure information on the content of the

resolution, and on the remedy that may be brought against it. The notification of the decision to refuse a visa shall be made in such a way that it cannot affect the interest of the State or its nationals or the international commitments made by Spain.

Article 33. 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/her visa, subject to verification of his/her identity. The Diplomatic Mission or Consular Office shall inform abroad of the formalities to be carried out, if necessary, once in Spanish territory.

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 34. 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 ENTRY: REQUIREMENTS AND PROHIBITIONS

Article 35. Accreditation of economic resources.

1. Officials responsible for carrying out checks on persons may require foreign nationals to prove possession of the appropriate documentation, justification of the economic resources or sufficient means of life for their purposes. support during the period of stay in Spain and, where appropriate, 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. Officials responsible for the control of entry may allow entry, reducing the length of stay in proportion to the amount of the resources available, warning, where appropriate, to the person concerned, by means of diligence on the passport or a similar document, from the deadline for leaving the Spanish territory.

4. The Ministry of Justice and Home Affairs shall determine the access points and the periods, as well as the assumptions and ways in which such accreditation will be systematically required.

5. Furthermore, the Minister for Justice and Home Affairs, taking into account the evolution of the general price indices, will determine the amount of these resources or means of life, which will be reviewed annually by ministerial order.

Article 36. Justification for the reasons for the request for entry.

Foreigners must, if required, specify the reason for their application for entry into Spain. The officials responsible for the control of entry shall require, in case of doubt, the submission of documents to justify or establish the likelihood of the reason for entry being invoked.

Article 37. Health requirements.

When determined by the Ministry of Justice and Interior, according to the Ministry of Health and Consumer Affairs, all persons intending to enter Spanish territory must present at the border posts. a health certificate 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, at the border, in order to prove that they do not have any of the following alterations:

(a) Quarantine diseases referred to in the International Health Regulations adopted at the 22nd World Health Assembly of 1969, third edition annotated, 1983, of the World Health Organization.

b) Drug addiction, important psychological disorders, manifest states of psychopathic disease with agitation, "delirium", hallucinations or confusion psychosis, when they endanger public order or public safety in the terms laid down by the legislation in force.

(c) Infectious or parasitic diseases designated by the Ministry of Health and Consumer Affairs.

Article 38. Input authorization.

1. Foreigners may be allowed to enter the Spanish territory provided they are provided with the necessary and valid documentation, of sufficient economic means, and, where appropriate, present the documents justifying the object and the conditions of the intended stay, are not subject to express prohibitions or are on the lists of non-admissible, without prejudice to the provisions legally for the states of alarm, exception and site.

2. Foreigners who do not meet the requirements set out in paragraph 1 of this Article shall be denied entry into the Spanish territory.

3. Exceptionally, for humanitarian reasons, for the protection of the national interest or for international commitments, the Secretariat of State of the Interior may authorise the entry or transit through Spanish territory of foreign nationals intending to do so without complying with the entry requirements, presenting defective documentation, or even without it, with the necessary precautionary measures being taken in such cases. This power may be delegated to central or peripheral bodies dependent on that State Secretariat.

Article 39. Entry ban.

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

(a) Hayan being expelled from Spain, within the period specified in the order of expulsion.

(b) Incourses are found in the assumptions of paragraphs (c) or (d) of Article 26.1 of Organic Law 7/1985.

(c) Through diplomatic channels, through Interpol or any other international, judicial or police cooperation route, it is known that they are being claimed, in relation to criminal causes arising from serious common crimes, by judicial or police authorities in other countries.

d) For its activities contrary to Spanish interests or human rights or for its notorious connections with criminal, national or international organizations, they have been subject to express prohibition, resolutions of the Secretariat of State of the Interior.

e) It may be prohibited or prohibited entry under international conventions in which Spain is a party, unless it is deemed necessary to provide for an exception on humanitarian grounds or in the national interest.

Article 40. How to make the entry.

1. At their entry into Spanish territory, foreign nationals shall prove to the officials responsible for their control that they meet the requirements laid down in the articles of this section for the obligation to check them, prior to The intervention of the Customs Services or of any other that is 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 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 with a document of identity or another class in which the stamp, sign or mark of control cannot be affixed, the person concerned shall, when required to do so, deliver the printed document for the purposes of the to record the entry.

Article 41. Refusal of entry.

1. The refusal of entry by the officials responsible for monitoring, on the basis of the non-compliance with the requirements laid down in this section, shall be verified by reasoned decision, which shall be notified to the foreign national, with reference to the which could be brought against it.

2. If the fact that the refusal of entry was determined could also constitute a crime, the officials responsible for the control will consult with the Prosecutor's Office, who will order the initiation of proceedings and the arrest of the a judicial provision once concluded, or shall confirm the entry ban.

3. A foreign national to whom the entry into the national territory is refused 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.

4. If the entry into the Spanish territory of a foreigner is refused, the carrier who has brought it to the border by air, sea or land shall be obliged to take charge of it immediately. At the request of the border surveillance authorities, the third State which issued the travel document with which it has travelled, or any other third State where its admission is guaranteed, must be taken abroad.

Article 42. Declaration of entry.

1. They shall have the obligation to declare entry to the Spanish police authorities of foreigners intending to enter Spanish territory and to come from a State with which Spain has signed an agreement to abolish border controls and those who arrive in the Spanish territory by a port in which there is no border police post.

2. The declaration shall be made 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 seventy-two 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.

CHAPTER III

Stay in Spain

SECTION 1. EXTENSION OF STAY

Article 43. Stay.

1. You are in a situation of residence abroad which, not being the holder of a residence permit, is authorised to remain in Spain for a period of not more than three months in a period of six months.

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

3. In the case of entry without a visa, where exceptional circumstances warrant it, the stay of a foreigner in the Spanish territory may be authorised for more than three months.

Article 44. Extension of stay. Submission of the application.

1. Where there are reasons to justify this, the foreigner who, having entered Spain for purposes other than work or establishment, is in the period of stay referred to in Article 13 (1) (a) of the Organic Law 7/1985, may request an extension of stay which, in addition to the one initially granted, may not exceed three months in a period of six months.

2. The application shall be formalised in the forms authorised by the Ministry of Justice and Home Affairs 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, except in cases where the visa is not necessary, the provisions of Article 20 of this Regulation.

(b) Visas of stay with effect equal to or greater than that of the extension of stay, which shall also be entered in the file and returned to the person concerned.

c) Three photographs, meat size.

d) Proof that you have adequate means of life for the extension time you are applying for, in the terms set out in Article 35.2 in relation to the entry.

e) Having health care guaranteed.

3. 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 presentation of the documentation or at the time of the processing in which to (a) the effect of the obligation on the

Article 45. Issue and refusal. Competition.

1. The extension of the stay may be granted by the civil governors, on a proposal from the Office of Foreigners, Higher Chief 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 39, nor is he in any of the causes of expulsion or return.

2. The extension of stay shall be carried out by means of diligence on the passport or travel title, or in a separate document if the person concerned has entered Spain with another type of documentation, subject to the payment of 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 decision on the extension of stay must be reasoned and must be formally notified to the person concerned, if they are refusals, the exit of the same from the national territory at the end of the initial period of stay, in the form regulated in this Regulation. The period of departure shall be recorded, in accordance with the provisions of Article 122, in the passport or travel title or in the corresponding form provided for in order to record the departure of the national territory.

Article 46. Stays in irregular entry or documentation.

Without prejudice to the provisions of the foregoing Articles, the Secretary of State of the Interior may authorize the stay in Spanish territory for foreign nationals who have entered it with defective documentation or even without it or by places not authorized for that purpose, provided that there are humanitarian grounds for this, of national interest or international obligations, and may adopt in such cases, as precautionary measures, some of the measures listed in the Article 6 of the Organic Law 7/1985.

Article 47. Extinction of validity.

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 specified in Article 39.

SECTION 2. STUDENTS

Article 48. Foreign students.

1. Foreigners wishing to benefit from the scheme provided for in Article 24 of the Organic Law 7/1985 must:

(a) To request the corresponding visa, before your arrival in Spain, before the Spanish Diplomatic Missions or Consular Offices, in your country of origin or residence.

b) Obtain the student card to be requested at the Ministry of Justice and Interior, once they are in the Spanish territory, a card that will authorize their stay for the time to be determined.

2. To obtain the student card, it must be documented that:

(a) Meet all the requirements for entry and stay in Spain, including the visa, granted, where appropriate, specifically for studies, research or training.

(b) They have been regulated as students, students or researchers, in public or private establishments or establishments, approved or recognized by the competent authority, in which they must carry out their activities with main character, with a schedule involving assistance and a planned duration of not less than three months, in accordance with the approved curriculum or research plan.

(c) In the case of under-age students, it will also be necessary to authorize the parents or guardians to move to Spain to carry out the studies, including the center and the period of stay.

d) They are guaranteed the necessary financial means to cover the cost of their studies, as well as the expenses of their stay and return to their country.

3. The granting of the card shall follow the rules laid down in this Regulation for the extension of the stay, but for the purposes of validity, account shall be taken of the duration and periodicity of the studies for which it is granted, and shall be cause the cessation of the activity for which it was granted.

4. The validity of the card may be limited to the duration of the studies, research or training or, if the card is longer than twelve months, the card shall be renewable annually.

5. In any case, for the renewal of the card, in addition to meeting the requirements of paragraph 2, except for the presentation of the visa, it will be necessary to present a certificate of the center or establishment in which the use is credited of the studies, research or training carried out in the previous period.

6. Except for the specialities provided for in the preceding paragraphs, foreign students shall be subject to the legal arrangements laid down for foreigners in general in this Regulation and shall not obtain authorization for establish or work in Spain, without prejudice to the provisions of Article 73.3 of this Regulation.

SECTION 3. RESIDENCIA

Article 49. Classification of permissions.

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

a) Initial.

b) Ordinary.

c) Permanent.

d) For exceptional circumstances.

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

Article 50. Initial residence permit.

1. The initial residence permit may be granted to foreigners who express their intention of establishing for the first time their residence in Spain, as well as to those who have previously resided not meet the requirements laid down for the purpose of the obtaining an ordinary or permanent residence permit.

2. Its initial validity may not exceed one year and may be renewed for a maximum period of two years.

Article 51. Ordinary residence permit.

1. Foreigners who have established a legal residence on a continuous basis in the Spanish territory for three years will be able to obtain an ordinary residence permit.

2. The validity of the ordinary residence permit, as well as that of its renewals, shall be no more than three years.

Article 52. 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 six years, except in cases where, pursuant to Article 79 of the They have obtained a permanent work permit within a shorter period of time, in which case they will be able to obtain a permanent residence permit at the age of five.

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

(a) Beneficiaries of a retirement pension, in their contributory form, included within the protective action of the Social Security system.

(b) Beneficiaries of an absolute permanent invalidity pension or great invalidity, in their contributory form, including within the protective action of the system of social security or benefits analogous to the foregoing 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 resident for at least three years in Spain.

d) That they have been Spanish of origin.

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) Undocumented as referred to in Article 63 of this Regulation, which accredit legally and continuously residing in Spain for six years.

g) Patron and refugee persons who have been recognized as such.

h) That they are the holders of an extraordinary work permit.

3. The permanent residence permit has an indefinite term, but the holder will be obliged to renew the card that documents the same every five years.

Article 53. Residence permit due to exceptional circumstances.

1. A residence permit may be granted for exceptional circumstances in the cases provided for in the first provision of the Regulation implementing Law 5/1984 of 26 March on the right of asylum and the condition of refugee, as amended by Law 9/1994, of 19 May, approved by Royal Decree 203/1995 of 10 February, as well as when humanitarian reasons are present, in particular having been the victim of conduct, classified as crimes, racist or xenophobic, national or national security interest to justify this.

2. The validity of the residence permit for exceptional circumstances shall be one year, extended for periods of the same duration for the first three years, and may be extended for longer periods thereafter.

3. The granting and renewal of these permits is not subject to the requirements laid down in Articles 56 and 59.

Article 54. Residence permit by family reunification.

1. The relatives of foreigners legally residing in Spain may reside with them, in accordance with the provisions of international law and the requirements laid down in Organic Law 7/1985 and this Regulation.

2. Family members who may reside with such foreigners on Spanish territory are as follows:

(a) The spouse, provided that he is not separately in fact or in law, who does not reside with another spouse and that the marriage has not been concluded in law fraud.

(b) Children who at the time of the application are minors who are not married, have not formed an independent family unit or have independent living. In the case of the adopted children, it must be established that the decision on which the adoption was agreed was taken by the competent administrative or judicial authority in the country in which it was carried out, and that the decision brings together the elements necessary to produce effects in Spain.

(c) The disabled and minors whose legal representative is the foreign resident.

d) The ascendants of the foreign resident when they are economically dependent on the foreign resident and if there are reasons to justify the need to authorize their residence in Spain.

3. Family members may obtain a residence permit on the grounds of family reunification.

4. The validity of the residence permit granted to these relatives will depend on the legal residence in Spain of the regrouping and the maintenance of the circumstances that served as the basis for granting them.

5. The spouse may obtain an independent residence permit when:

a) Get a work permit.

b) Acreditite to have lived in Spain with your spouse for two years. This period may be reduced when circumstances of a family nature so warrant.

(c) The regrouping has passed away with legal residence in Spain.

6. A residence permit may not be granted to a foreigner as a spouse of a foreign resident if another spouse is already resident in Spain.

7. The children of the regrouping shall obtain an independent residence permit when they reach the age of majority.

Article 55. Residence permits for children born in Spain of foreigners.

The children, born in Spain, abroad who are legally residing in the Spanish territory, will automatically acquire the same type of residence permit from which any of their parents are entitled, without the need to obtain the visa waiver.

Article 56. Request. Requirements and documentation.

1. The requests will be addressed to the Foreign Offices or, failing that, the Police Commissioner of the locality where she intends to establish her residence abroad.

2. The application for a residence permit shall be formalised in the form and shall 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.

b) Visado of residence, if applicable, in force.

c) Any document that accredits the prior legal and continuous residence time in Spain, if any.

(d) A certificate of criminal history, issued by the authorities of the country of origin or of the country of origin, of which the applicant may be exempted if circumstances so warrant, in which case the applicant shall provide the certificate of the Spanish authorities. For the purposes of renewal of residence permits, the Spanish authorities shall issue the latter certificate of office. The competent authority may also, where it considers it, be of interest to the authorities of his or her country and to those of the country or countries in which he has resided for the last five years.

e) Three flesh-sized photographs.

(f) Official medical certificate, in accordance with the terms of Article 37 of this Regulation, if the applicant has not contributed to obtaining the visa.

3. In the cases provided for in Articles 52.2, 53.1, 54.2, 5 and 7 of this Regulation, supporting documents shall be accompanied.

4. The applicant must prove sufficient means of living for the period of residence he or she is applying for, or that the income is to be received regularly, and that health care is guaranteed. The applicant shall be deemed to have sufficient means of living when he has a work permit in Spain or when his economic resources exceed the minimum level laid down in the relevant development standard.

5. If the applicant has family members in charge, he/she has to prove that he has the means of life, guarantees of health care, and adequate housing for him and his relatives.

6. If the means of life are derived 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 undertakings and shall submit statement that it does not exercise such activity in any other.

7. In the case of applications for residence for family reunification, the guarantee of health care shall not be required prior to the date on which the family member is entitled to benefit from the social security benefits of the resident worker, once granted the permit.

8. A foreigner who applies for a residence permit and has no corresponding visa must prove that he has previously been exempted from the visa requirement by the authority to be resolved on the granting of the residence permit.

9. Exceptionally, for reasons of public interest, humanitarian aid, collaboration with justice or health care, and provided that the applicant's good faith can be presumed, the visa waiver may be granted by the competent authority for the resolution, in terms to be determined by the Ministry of Justice and Home Affairs. In cases where there can be any doubt as to the criterion to be followed for the resolution of the visa waiver, the competent authority shall request a report prior to the Directorate-General for Electoral, Foreign and Asylum Processes.

Article 57. Grant and refusal. Competition and processing.

1. The examination of the dossiers shall be carried out by the bodies referred to in paragraph 1 of the previous Article.

2. Civil Governors shall be competent to resolve applications for residence permits, initial, ordinary, permanent and exceptional circumstances, if for the latter, humanitarian reasons are met, on a proposal from the Office. Foreign Ministry of Foreign Affairs or Police Commissioner. Residence permits for exceptional circumstances will be granted by the Directorate General of the Police if national security reasons are appreciated. For the resolution of residence permits, reports from other administrations may be obtained.

3. For the granting of residence permits by the competent bodies, it will be necessary for none of the prohibitions laid down in Article 39 of this Regulation to be imposed on the persons concerned to be subject to any of the prohibitions laid down in Article 39 of this Regulation. cases of expulsion from the Spanish territory, nor are there any other legal, public security, health or similar reasons.

4. Any decision shall be reasoned and the person concerned shall be notified formally, warning him, if he is not responsible, of the obligation he has to leave the Spanish territory in the manner provided for in Article 122 of this Regulation, unless have a permit or authorization to enable you to stay in Spain.

Article 58. Issue and delivery of the cards.

1. Once the residence permit granted is entered in the Foreign Register, a card will be extended to the holder, who 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.

Article 59. Renewals. Competition and processing.

1. 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.

2. The permits of foreign workers, who are previously unemployed in a previous employment relationship, will also be renewed, showing that the competent authority has recognised the right to a contributory unemployment benefit in accordance with the rules of the Social security, for the duration of the benefit.

3. The competence for the renewal of residence permits and for granting the return authorisations referred to in Article 119.6 of this Regulation is for the bodies responsible for granting them, in accordance with the provisions of the Article 57 thereof.

4. With one month in advance, at least, to the expiry date of the documents that legalise their residence in Spain, the foreigners, if they have the purpose of continuing to reside in Spain, will have to apply for the corresponding permits, for the purposes of the from. However, without prejudice to the penalties provided for, the residence permit may be renewed provided that the renewal is requested during the three months following the date of its expiry and the rest of the requirements are met. The renewal shall take effect from the date of expiry of the previous permit.

5. The renewal of application for renewal extends the validity of the previous permit and has the same effects as it is exclusively on foreign investment legislation.

6. In order to apply for renewal of the residence permit, the person concerned must accompany the documents and evidence provided for in paragraphs (a), (c), (d) and (e) of Article 56.2, as well as justify the fulfilment of his obligations. Tax payable in Spain.

7. However, for the renewal of the card containing the permanent residence permit, only the documents referred to in paragraphs (a) and (e) of Article 56.2 shall be submitted with the application.

Article 60. Causes of extinction of the residence permit.

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

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

b) By express or tacit resignation of the holder.

(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) Stay out of Spain on an ongoing basis for more than six months.

2. The residence permit shall be extinguished 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 26 March 1992. November, the Legal Regime of the Public Administrations and the Common Administrative Procedure, the rules governing the procedures for granting, modifying and extinguishing authorizations, when the concurrency of the any of the following circumstances:

(a) Allow the foreign resident of sufficient economic resources or livelihoods, guaranteed health care or adequate housing, without being able to dispose of them within a reasonable time.

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

(c) The existence of the separation of fact or the right of the spouse of the foreign resident is credited when the residence permit has been granted for family reunification, except as provided for in Article 54.5.

d) Disappear the circumstances that served as the basis for their concession.

e) The serious inaccuracy of the claims made by the holder is verified.

f) You are included in any of the assumptions provided for in Article 39 of this Regulation.

g) Stop holding a passport, a similar document or, where appropriate, 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.

SECTION 4. IDENTIFICATION AND REGISTRATION

Article 61. Identity number of foreign nationals.

1. In accordance with the provisions of Article 4.2 of the Organic Law 7/1985, foreigners who obtain any kind of extension of stay or document that enables them to stay in Spanish territory, those to whom they have been opened an administrative file in accordance with the provisions of the legislation on aliens and those who, for their economic, professional or social interests, relate to Spain, shall be provided, for the purposes of identification, of a personal number, unique and unique, sequential in character.

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

3. The identity number of the foreigner must be granted, 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, their economic, professional or social interests, which must be of interest to the Directorate-General for the allocation of the indicated number.

Article 62. Documentation of foreigners.

1. All foreigners who have a permit or card to remain in Spain will be provided with a single document in which they will have the type of permit or card they have been granted. The Ministry of Justice and Home Affairs will provide the necessary provisions to determine the characteristics of this document, prior to the report of the Interministerial Committee on Foreign Affairs.

2. Foreigners are required to carry the passport or document on the basis of which they have entered Spain and, where appropriate, the document referred to in the previous paragraph, as well as to show them when they are required by the authorities or their agents, without prejudice to the ability to prove their identity by any other means if they do not take them with them.

3. 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 63. Undocumented aliens. Information and documentation.

1. In the case of illegal aliens referred to in Article 22 of Organic Law 7/1985, the form provided for in this article and the following shall 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 General Commissioner for Foreign Affairs and Documentation of the Directorate-General of the Police or to a Superior Chief, Provincial Commissioner or local Police Commissioner.

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 any means to allow the requirement to be recorded.

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 in Spain as referred to in Article 39 of this Regulation or expulsion from the Spanish territory, determined in Article 26.1 of the Organic Law 7/1985, if you wish to remain in Spanish territory, you will be granted by the civil governor of the province in which a document of provisional identification is found, that will enable you to stay in Spain for three months, period in which the provincial or local authorities of the province or local Police have to complete the information about their background.

7. The Minister of Justice and Home Affairs 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 6 of the Organic Law 7/1985.

8. The information is complete, except that the foreigner will find himself in one of the alleged prohibition of entry or expulsion, prior to payment of the tax rates that legally correspond, the civil governors, in the case that If you wish to remain in Spain, you will have your registration in a special section of the Foreign Register and you will be provided with a registration card in a printed document, which must be renewed annually and the characteristics of which will be determined by the Ministry of Justice and Home Affairs. 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 a 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 7/1985 and in this Regulation.

10. The foreign national to whom the registration card has been granted may apply for the corresponding residence permit, in accordance with the provisions of Section III of this Chapter.

11. The registration card will be lost when the foreigner is documented by a country or is acquiring 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 64. Undocumented aliens. Travel title for departure from Spain.

1. To foreigners who are in Spain and who need to leave the Spanish territory they cannot provide their own passport, because they are in one of the cases expressed in Article 22 of the Organic Law 7/1985, once The procedures laid down in the preceding Article may be issued by the competent authorities for a travel title to the countries specified.

2. The travel title shall be valid for the maximum duration of the travel title and shall be issued in accordance with the model determined by the Order of the Ministry of Justice and Home Affairs.

Article 65. Foreign Central Register.

1. In compliance with the provisions of Article 13.2 of Organic Law 7/1985, a Central Foreign Registry shall exist in the Directorate-General of the Police, in which they shall be noted:

a) Travel documents.

(b) Extensions of stay.

c) Visa exemptions.

d) Enrollment Cedulas.

e) Residence permissions.

f) Work permits.

g) Intakes for asylum processing, concessions and refusals.

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

i) Limitations of stay.

(j) Precautionary measures taken, administrative offences committed and sanctions imposed in the framework of Organic Law 7/1985 and this Regulation.

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

l) Exit bans.

m) Administrative or judicial expulsions.

n) Returns.

n) Mandatory outputs.

2. The information contained in this Register shall be made available to other bodies of the public administrations for the exercise of powers in matters of foreign affairs, as well as of the interested parties, in accordance with the provisions of the Law Organic 5/1992, of October 29, of regulation of the automated processing of personal data, in the Law of Legal Regime of Public Administrations and of the Common Administrative Procedure and in its standards of development.

3. The bodies which adopt the decisions and grant the documents referred to in paragraph 1 shall give the Director-General of the Police account for the purposes of their entry into this Register.

Article 66. 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 in any other order. Also within the same period of time, they shall communicate to the competent authority any changes in their employment status, where appropriate.

2. In addition, foreigners referred to in the preceding paragraph, provided that they are required by competent authorities, shall inform those authorities 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 mentioned must mention the legal precepts that they authorize in order to demand the communication and in which they are attributed to those competences with such an object.

SECTION 5 SECURITY MEASURES

Article 67. Enumeration and requirements.

1. These are security measures, applicable to foreigners, the following:

(a) The prohibitions of entry referred to in Article 39 of this Regulation.

(b) The exit bans provided for in Article 21 of Organic Law 7/1985 and Article 121 of this Regulation.

c) The precautionary measures adopted pursuant to Articles 6 and 12.4 of the Organic Law 7/1985.

d) Returns, in cases of illegal entries, agreed in compliance with Article 36.2 of the Organic Law 7/1985.

e) The arrests and internments provided for in Article 26.2 of the Organic Law 7/1985.

(f) The hearings to be agreed upon and the renewals or controls that are available to the residence permits and the registration cards, in states of exception and site, in accordance with the rules that are issued in the compliance with Article 23 of the Organic Law 4/1981 of 1 July.

g) Other measures to be agreed on the basis of the current legislation on citizen security.

2. The measures identified must be adopted and implemented in the cases and in the manner provided for in the rules which are mentioned in each case, and are also in line with the requirements, motivation and purpose.

CHAPTER IV

Job and establishment

SECTION 1 GENERAL RULES

Article 68. Scope of application.

1. The work and arrangements for the employment of foreign nationals in Spain shall be governed by the provisions of this Chapter.

2. A foreign worker, for the purposes of applying this Regulation, is deemed 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.

3. The provisions of these provisions shall not affect situations arising from the international agreements or treaties entered into by Spain.

Article 69. Working conditions.

The salary and other conditions of employment and social protection of foreigners authorized to work in Spain for an employed person may not be lower, in any case, than those established by the legislation in force in Spain. Spanish or certain conventionally for Spanish workers in the same circumstances.

SECTION 2. ESTABLISHMENT OF A CONTINGENT

Article 70. Quota establishment.

The Government, on a joint proposal of the Ministries of Labour and Social Security, and Social Affairs, after consultation with the most representative social and business organisations, and report of the Inter-Ministerial Committee (a) foreign workers may establish a contingent of non-Community foreign workers in order to ensure the coverage of job vacancies not covered by the national labour market for sectors and geographical areas; determined, and where appropriate, to establish a specific procedure for their management.

SECTION 3. WORK PERMIT

Article 71. Need for authorization to work.

1. Foreign nationals wishing to pursue any gainful, employment or professional activity in Spain, on their own or in employment, shall obtain the corresponding work permit, in accordance with Article 15 of the Organic Law 7/1985.

2. No employer may hire a foreigner who is not authorised to work in Spain, unless he has been exempted from the obligation to provide the work permit, as provided for in Article 16 of the Organic Law 7/1985.

3. The Ministry of Social Affairs, in agreement with the Ministries of Foreign Affairs, Justice and Home Affairs and Labour and Social Security, is empowered to determine the conditions to be met by persons falling within the scope of application of Article 16 of the Organic Law 7/1985, for the purposes of being considered as excepted from the obligation to obtain work permits.

4. The time in which the persons referred to in the preceding paragraph are exempted from that obligation shall not be taken into account as a working period.

in Spain for the purpose of granting work permits referred to in this chapter.

5. The Ministry of Foreign Affairs is empowered, in agreement with the Ministry of Social Affairs, to determine the conditions to be met by persons falling within the scope of Article 2 of the Organic Law 7/1985, for the purposes of to obtain a work permit.

Article 72. 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 our country to guarantee compliance with the legal obligations.

Article 73. Authorizations to work.

1. The authorisation to work shall be credited with the corresponding work permit or the documents set out below.

2. It shall also provide for the exercise of a gainful, employment or professional activity, the identity document of the refugees and the family members to whom the family extension has been recognised to reside in Spain, in accordance with the Article 29 (2) of the Regulation provides for the application of the Law on the Law of Asylum and the Status of the Refugee.

3. Foreigners documented by a student card may be exceptionally authorized to carry out gainful activities, provided that such activities are compatible with the conduct of the studies and the income obtained does not have the character of the resource necessary for their livelihood or stay. Contracts must be completed in writing, and they shall be in 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.

Article 74. Other authorizations to work.

1. In the case of groups or teams carrying out the activity in a joint or coordinated manner, the individual permit to work for an employed person may be replaced by a collective authorisation. This authorisation shall be requested for the performance of a given work or service and may not be longer than six months or be subject to renewal.

2. The granting of a residence permit in exceptional circumstances, in the cases provided for in the first provision of the Regulation for the application of the Asylum Act and the refugee status, shall be provided for the exercise of a gainful, employment or professional activity, whether or not self-employed, for the duration of its term.

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

Article 75. Types of permissions.

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

I. Work permit for an employed person:

1. Type A. This type of permit is granted for seasonal activities or limited-duration work, such as assembly, repair or overhaul of machinery, facilities and equipment.

The granting authority may limit its validity to a single employer, contract of employment or geographical scope.

Its duration will match the duration of the contract that supports it. It may be extended when the activity for which it was granted is extended. However, the maximum duration may not exceed nine months, including the extension and may not be renewed.

2. Type b (initial). This permission mode allows you to work in a particular profession, activity and geographical scope. The granting authority may limit it to a given undertaking and its validity shall be that laid down in the contract of employment, subject to the one-year limit.

3. Type B (renewed). Mode B permission allows you to develop several professions or activities over a period of two years. For justified reasons, the competent authority which grants it may limit it to a particular geographical area or to a particular activity. Holders of a type b permit may obtain this permission at the end of their validity.

4. Type C. The C-type permit permits the development of any activity throughout the national territory. It has a validity of three years. Holders of a permit B (renewed) may obtain this permit at the end of their term, except as provided for in Article 79.

II. Self-employed work permit:

1. Type d (initial). This mode is granted for the exercise of a particular activity, and will have a year of validity. The granting authority may, for reasons founded, limit its validity to a specific geographical area.

2. Type D (renewed). Mode D enables for the exercise of various activities over a period of two years. For justified reasons, the competent authority which grants it may limit it to a particular geographical area or to a particular activity. You can obtain this permission from the holders of a d-mode permission, at the end of its term.

3. Type E. The type E permit authorizes to develop any activity, without geographical limitation. It has a validity of three years. The holders of a previous type D (renewed) may obtain this type of permission, at the end of their validity, except as provided for in Article 79.

III. Self-employed or employed leave for frontier workers.

Type F. This type of permit shall be granted to workers who carry out gainful, employment or professional activities as self-employed or employed in the border areas of the Spanish territory and who return daily to the border area of a neighbouring country, where they reside. It shall have a maximum term of five years and shall be renewable.

IV. Permanent permission.

The permanent work permit permits the exercise of any kind of activity, both self-employed and foreign, without any other limitation than the one derived from the qualification or qualification necessary for the exercise of the activity professional in question. Holders of a type C or E permit may obtain this type of permit at the end of their validity. The permanent work permit has an indefinite validity, but the holder will be obliged to renew the card that documents the same every five years.

V. Extraordinary permission.

Foreign citizens, who have contributed significantly to the economic or cultural progress of Spain, will be able to obtain an extraordinary work permit with validity for the entire territory and to enable them to exercise their rights. of any activity as an employed or self-employed person, provided that they have the necessary qualifications or qualifications, and without limitation as to their validity. The cards documenting the extraordinary work permits will have to be renewed every five years.

SECTION 4. GRANTING AND RENEWAL OF PERMITS

Article 76. Initial concession.

I. For hire.

1. The following elements shall be taken into consideration for the granting of work permits for an employed person:

(a) Impairment or shortage of labour in the profession, activity and geographical area for which the permit is sought.

b) The existence of Spanish, Community or foreign workers legally resident in Spain, registered as applicants for employment in the corresponding geographical area and in the activity requested.

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

2. The competent authority may require the employer to apply for a permit for a foreign worker, a justification that he has applied for job seekers to the public placement services, and that he has given publicity to his offer.

3. Where, by reason of the circumstances provided for in paragraphs (a) and (b) of Article 18 (1) of the Organic Law 7/1985, the granting of work permits to foreign nationals, the competent authority, should be limited. may, in those activities and professions to be determined, offer to the undertakings concerned the option of hiring, together with the foreign worker, a Spanish, with a sufficient capacity and professional category, as an adjunct from abroad authorized, with the commitment on the part of the company and the company to train the Spanish in the professional activity in question.

4. The benefits derived from employment promotion programmes, whatever their modality, will not be applicable in contracts for work permits A and b (initial), unless the beneficiaries, with prior legal residence in Spain, are spouses or children of foreign nationals, holders of a non-initial work permit.

II. For your own account.

For the granting of self-employment permits, the following items shall be taken into consideration:

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) The applicant brings together the professional qualification required and has applied for the authorizations required for the installation, opening and operation of the activity. Prior to the delivery of the permit, it must be established that the required authorisations are available.

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

Article 77. Preferences for the initial concession.

1. They have a preference for the granting of an initial leave of self-employment or for others, without regard to the national employment situation, or their impact on the labour market, to foreign nationals who prove to be in any of the following circumstances:

a) Haber been Spanish.

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

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

d) First degree linked to the first degree relationship with the contracting employer, except in the case of household employees.

e) Haber born and legally resident in Spain.

f) Being a spouse, or a child of a foreign worker who has a non-initial work permit.

g) Having permanent residence permit in Spain.

h) Having had the status of refugee or asylum. This preference shall be maintained for the twelve months following the loss of that condition.

i) Workers carrying out assembly or repair work of imported machinery and equipment, or installations of a foreign company which is wholly or partly transferred to Spain, with justification for having submitted the mandatory communication to the competent body in the field of industry.

(j) applicants 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.

(k) The displaced persons, who are holders of a residence permit, in accordance with the provisions of the first provision of the Regulation of the application of Law 5/1984 of 26 March, as amended by Law 9/1994, of May 19.

2. It will also be valued as a preferential factor for the granting of work permits, the concurrence of the following circumstances:

(a) Being familiar, not included in the case referred to in paragraph (f) of the previous paragraph, of a foreign worker residing in Spain.

b) Being a national of an Ibero-American country, the Philippines, Equatorial Guinea, Andorra or people of sefardi origin.

c) Haber resided in Spain for the last five years.

d) Being a spouse or dependent child of a foreigner with work permit b (initial), lasting not less than one year.

e) To be treated as a trusted position within the meaning of Article 18.3 (i) of the Organic Law 7/1985. The national employment situation, in relation to this last circumstance, shall not be considered in those cases established by the Directorate-General for Migration.

f) Consider key personnel of a foreign company to be installed in Spain.

Article 78. Renewal of 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. The following circumstances shall be considered for the renewal of the self-employed or employed work permits:

a) Regular and stable occupation during the validity of the previous permit.

b) Compliance with tax and social security obligations, in particular, if the subject responsible for compliance is the worker himself.

c) Continuity in the employment relationship, business activity or new job offer formulated by responsible employer.

d) The regime of reciprocity in the country of origin of foreigners.

3. Those discovered in the contribution to social security shall not prevent the renewal of work permits for an employed person, provided that the usual performance of the activity can be credited. 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.

4. The competent authority shall, in any event, renew the work permits where the holder is in a situation of low employment resulting from an accident at work or occupational disease and maternity.

5. Permanent work permits shall be obtained at the end of the permits of type C or E, as long as the holder continues to be active, either as a worker or as a job seeker.

6. The work permits of type F shall be renewed at their expiration as long as the holder continues to be active and the circumstances that led to his concession remain.

Article 79. Preferences in the refresh.

The period of work required to obtain a class C or E permit shall be reduced to two years for holders of a type B or D (renewed) permit in which one of the following conditions is met:

(a) Being a national of an Ibero-American country, Equatorial Guinea, the Philippines or Andorra, or of sefardi origin.

b) Being originally from Gibraltar.

c) Haber born in Spain or having had Spanish nationality.

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

e) Haber has been continuously resident in Spain for the last five years.

f) Being a spouse or child of a foreign worker with type C, E, or permanent leave.

g) To be in charge of ascending or descending Spanish nationality.

Article 80. Modification of the scope of preferences and application of the principle of reciprocity.

1. By way of derogation from the foregoing Articles, the holder of the Ministry of Social Affairs, in agreement with the Ministry of Labour and Social Security, may, on a case-by-case basis, alter the system of preferences contained in the Articles 77 and 79, where the national employment situation so advises.

2. In application of the principle of reciprocity provided for in the Organic Law 7/1985, in cases where Spanish nationals receive in other countries a clearly discriminatory treatment with regard to the time limits and conditions laid down in the present Regulation, the Government, on a proposal from the Ministry of Foreign Affairs and the Inter-Ministerial Committee on Foreign Affairs, may apply to nationals of those countries, as long as the discriminatory treatment, the initial obtaining and the renewal of work and residence permits, provided it is compatible with the principle of reciprocity.

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

Article 81. Modification of permits.

1. The authority granting the permit may modify its scope as regards the employer, the sector of activity, the geographical area, or personal or professional circumstances of the holder, at the request of the applicant and by means of a reasoned decision.

2. The new permit is not considered as renewal and will only be valid for as long as it subtracted from the permission it replaces, and will not cause the payment of fees except those arising from the issuance of the new card.

Article 82. Refusal of permits.

1. The competent authority shall refuse the work permit of type A and b (initial) in the following cases:

1. Where the national employment situation advises, without prejudice to the preferences and exceptions provided for in this Regulation.

2. When the conditions set out in the contract accompanying the application are lower than those established by the current regulations for the same activity, category and locality.

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

4. When in the twelve months immediately preceding the date of application, the company has amortised the positions it intends to cover for dismissal declared judicially null or void or recognized as such in act (a) a conciliation procedure, a file for the regulation of employment for technological or economic reasons, or for the cause referred to in Article 52 (c) of the Staff Regulations.

5. When the applicant employer has consistently failed to comply with social legislation, in particular, on immigration.

6. When the offer of employment is made by an apparent employer, or there are reasonable doubts about its ability or solvency to meet the obligations of the contract.

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

8. When any other cause is considered sufficient reason by the competent authority, by means of a duly substantiated decision.

2. The following shall be the grounds for refusal of the (initial) mode permit:

1. When, in the light of the reports, it is considered that the projected activity does not favor the creation of jobs or the investment is irrelevant to the national economy.

2. In the event that, for reasons of competition, it seriously affects the sector in which the activity for which it is requested is intended.

3. º If, during the processing of the file, the concurrency of some or some of the reasons mentioned in paragraphs 1.7. and 1.8. º is appreciated.

3. Applications for work permits of type B and D (renewed) and type C or E, in their initial concession, shall be refused on a general basis where the requirements for renewal are not established, in accordance with the provisions of the Article 78.2, the foreign worker has remained outside the national territory for more than six months in an uninterrupted manner, or in the processing of the file, circumstances under the circumstances referred to in paragraph 1 are met. of this article, except the one marked as 1.1.

4. Type F permits will be denied, in addition to the concurrence of some of the general causes of application, due to the loss of the condition of a frontier worker.

Article 83. Extinction of permits.

The work permit shall be extinguished by a reasoned decision of the competent authority, in accordance with the procedures laid down in Royal Decree 1778/1994 of 5 August, when it was established that the claims were not submitted in order to justify the request, or that the conditions imposed for its granting have not been met. The resolution shall be forwarded to the governmental authority for the purpose of resolving as appropriate in relation to the authorisation of residence.

SECTION 5 PERMISSIONS PROCESSING

Article 84. Legitimate subjects to request the initial grant of the permits or their renewal.

1. They are entitled to submit the application for a work permit, which shall be carried out in conjunction with that of the corresponding 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 posted on the basis of a contract signed with a resident company outside Spain.

c) The person who holds the representation or acts by delegation of the resident employer abroad.

(d) The foreigner himself, in the case of a work permit of class C, permanent, extraordinary, or of a work permit for the exercise of self-employed activities.

2. If the employer or employer to whom the obligation to apply for a work permit is not fulfilled, the foreign worker himself may apply directly for the grant of such a permit, without prejudice to the (i) the Commission's position on the Commission's position of the Council of the European Union and the Council of the European Union;

Article 85. Documentation for the initial grant of the permit.

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

1. Referring to the foreign worker:

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

(b) A certificate of criminal history issued by the authorities of the country of origin, or of residence abroad, unless it has been provided for obtaining the visa.

(c) Official medical certificate, as provided for in Article 37 of this Regulation, if it resides abroad and has not contributed to obtaining the visa.

d) Three photographs, meat size.

e) Those documents that justify, that they are satisfied if they are alleged by the interested party, some or some of the preferences established in the article 77 or, where appropriate, that it possesses the qualification or training required for the exercise of the profession.

2. In relation to the company that contracts workers:

(a) The national identity card or tax identification code and registration number in the Social Security, or an accreditable document to be exempt.

b) Offer of work in which the essential elements and the basic conditions of the labour supply are included, completed in the model established by the Directorate General of Migration.

(c) Where appropriate, a description of the activities of the undertaking or the work place 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.

3. In order to apply for a self-employment permit, in addition to the requirements of paragraph 1 of this Article, the persons concerned shall provide the following documents:

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

(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.

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 country.

5. For the granting of permanent and extraordinary permits, the following documents shall be provided, together with the application model:

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

b) Copy, if any, from the previous permit.

c) Three photographs of the format set for the initial concession.

(d) Accreditation that the data subject continues to be active in accordance with Article 78 (5).

e) Accreditation that it has the professional qualification for the exercise of the activity that is developed.

Article 86. Documentation for the renewal of the permits.

I. For the renewal of type b or d permits and the obtaining of type C and E permits, in addition to the official model application, the following documents shall be submitted:

1. Referring to the worker:

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

b) Copy of passport or travel document, in force.

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

(d) Accreditation of some or some of the preferences, among those set out in Article 79, if they are alleged by the person concerned.

e) Professional enablement when the exercise of the activity so requires.

2. By the employer:

(a) Contract of work or formal offer of continuity in the employment relationship, in the case of employed persons.

(b) Credit documents for the registration and listing of the company for social security, as well as for the tax obligations, in the case of self-employed persons.

(c) Where the documents referred to in Article 85.2, (d) and (3) (a) and (b) respectively are changed, the documents referred to in Article 85.2, (d) and (b) may be requested.

II. For the renewal of type F 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 country.

III. For the renewal of cards documenting permanent or extraordinary permits, the documents referred to in Article 85 (5) shall be provided, together with the model of application.

Article 87. Place of submission of the application.

1. Where the person entitled under Article 84 of this Regulation is in Spanish territory, the application, in addition to the places provided for in Article 38.4 of the Law on the Legal Regime of Public Administrations and of the Common Administrative Procedure, may be submitted:

(a) In the Provincial Directorates of Labour, Social Security and Social Affairs.

b) At the Foreign Offices.

c) In the Directorate General of Migration, in cases in which work permits are dealt with, the resolution of which is attributed to the management center.

2. Where the entitled subject is in foreign territory, the application shall be submitted to the Diplomatic Mission or Consular Office in whose demarcation it resides.

Article 88. Time limits for the submission of the application.

1. 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.

2. Renewal of permits shall be requested at a time of one month before the date of their expiry. 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.

3. 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.

Article 89. Form of submission of the application.

The interested parties must submit their application by themselves or by duly accredited representative, in an official model established by the Ministries of Justice and Interior and Social Affairs, and which will be provided in the dependencies referred to in Article 87, together with the documents in each case determined on the basis of the type of permit concerned.

Article 90. Effects of the submission of the application.

Once the application has been filed, the applicant shall be issued with a safeguard, stating in it the request made, as well as the date of its filing.

In case of application for renewal of work permit, the safeguard extends the validity of the previous one and has its same effects in the field of work and social security until the resolution of the file.

Article 91. Instruction of the procedure.

1. The competent authority shall, in receipt of the request, proceed with the procedure and its immediate processing, seeking the reports provided for in Article 93.

2. In the provinces where Foreign Office exists, the procedure shall be instructed by the Office, and the motion for a resolution shall be raised to the competent authority.

3. 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.

4. The receiving office of the documentation, prior to the assessment of the application and for the purposes of the possible authorisation of the residence, shall request the competent governmental authority to inform the competent authority, together with a copy of the application form.

Article 92. Processing.

Where the foreign worker is not a legal resident in Spain, the competent authority shall not issue its report until it has been established, in accordance with Article 30 (5), that the application for a visa has been presented in the form by the Diplomatic Mission or Consular Office.

Article 93. Request for reports.

1. The competent authority, in order to properly resolve applications for the granting of work permits, may request the necessary reports and, in particular:

(a) In the case of employed persons, of public employment services, relating to the geographical area, economic activity and group of occupations, to which the applications relate.

(b) The Ministry of Commerce and Tourism, in the case of services or self-employed activities, in addition to the competent municipal services in the field of which the activity is carried out.

2. The reports shall not be binding and shall be issued within 15 days.

Article 94. Competence to resolve the labour file.

1. It is up to the Provincial Directorates for Labour, Social Security and Social Affairs to decide on the different work permits laid down in this Regulation, both for employment and for employment. itself.

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 provinces, it shall be granted to the Provincial Directorate for Labour, Social Security and Social affairs in one of those provinces 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 main activity.

3. It is up to the Directorate-General for Migration to instruct and resolve applications for work permits, presented by companies with different work centres in different provinces and a workforce of more than 100 workers, which have centralised their administrative services in Madrid. The Directorate-General for Migration shall also, when it considers it relevant, be able to take the knowledge and resolution of the work permit applications laid down in this Regulation.

Article 95. Resolution of the work file and notification of the resolution.

1. Having obtained the favourable report of the governmental authority and completed the examination of the dossier, the competent authority shall, in the light of the documentation submitted and the reports concerned, give a reasoned decision, denying the requested work permit.

2. In the case of an application for an initial work permit and the alien is outside Spain, if the decision is favourable, the competent authority shall inform the Directorate-General for Consular Affairs of the grant, if any, of the visa for residence.

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, from that time on the commencement of the worker's activity and his affiliation, discharge and contribution. to the Social Security, without prejudice to the fact that the refusal of the residence permit by the governmental authority may subsequently be agreed upon. The fees payable shall be paid by the worker and by the undertaking within eight days of notification of the granting of the work permit, and the letters of payment to the agency shall be sent. settled within eight days of 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, and in accordance with Article 15 (4) of the Organic Law 7/1985, the work permit issued shall not 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, and shall inform 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.

Article 96. Referral to the governmental authority and delivery of the card.

1. Once a favourable decision has been given on the application for a work permit, the competent authority shall send copies of the permit to the competent governmental authority for the grant, if appropriate, of the corresponding residence permit.

2. The refusal of the residence permit is refused, without prejudice to the possibility that a non-profit-making residence permit may be applied for or the permit to stay in force may continue in force. residence, if any.

3. The bodies referred to in Article 57 of this Regulation shall be competent for the processing and resolution of the residence permit. However, in those cases where the Directorate-General for Migration is directly resolved on the authorisation to work, the residence permit will be settled by the Commissioner General 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.

CHAPTER V

Issue rights and fees

Article 97. Fees and charges for the same.

1. The issue of residence permits and work permits for foreigners will be subject to the payment of the fee for "Acknowledges, authorizations and competitions", validated by Decree 551/1960 of 24 March, and of the fee " Rights for issuing of work permits to foreigners ", governed by Law No 29/1968 of 20 June, which shall be required in accordance with the provisions laid down in the above rules, in subsequent development and updating and in this Regulation, without prejudice to the provisions of Article 23 of the Organic Law 7/1985 of 1 July.

2. The fees for the issue of visas are governed by Law 7/1987 of 29 May of Consular Fees.

3. This Article shall apply without prejudice to the provisions of the international treaties in which Spain is a party and the application of the principle of reciprocity.

4. The proceeds of the fees will be shown as public income in the State Budget and will be paid directly to the Treasury.

CHAPTER VI

Violations and penalties

SECTION 1. VIOLATIONS

Article 98. Infringements.

They are violations of the provisions of the Organic Law 7/1985, of July 1, on the Rights and Freedoms of Foreigners in Spain:

1. To be involved in activities that are seriously contrary to public order or to the internal or external security of the State or to carry out any kind of activities contrary to Spanish interests or which could damage the relations of Spain with others countries.

2. To be illegally on Spanish territory, for not having obtained or having expired for more than three months the extension of stay, the residence permit or similar documents, when they were due and provided that the person concerned had not requested the renewal of the same within the time limit.

3. Find themselves working in Spain without having obtained a work permit or having been expired for more than three months, when their tenure is compulsory, provided that the person concerned has not requested the renewal of the work within the prescribed period and although has a valid residence permit.

4. Have been convicted, in or out of Spain, for a wilful conduct, which constitutes in our country a crime punishable by a custodial sentence of more than one year, except that their criminal records have been cancelled.

5. To be hidden in pain or in serious falsehood in the fulfillment of the obligation to bring to the attention of the Ministry of Justice and Interior the circumstances regarding their legal situation in our country.

6. Lack lawful means of life, exercise begging or develop illegal activities.

7. Entry into Spain without the documentation or the requirements that may be required, for places that are not the necessary steps or in violation of the legally imposed entry bans.

8. Failure to comply with the measures imposed for reasons of public safety, periodic submission, removal of border or certain population centres or of compulsory residence, in accordance with the provisions of Article 6 of the Law Organic 7/1985.

9. The departures of the Spanish territory, by posts not authorized, without exhibiting the documentation provided or in violation of the prohibitions legally imposed, in accordance with the provisions of article 21 of the Law of the Organic Law 7/1985.

10. To promote, mediate or protect the illegal status of foreigners in our country or to facilitate non-compliance with any of the obligations under the provisions in force. Non-compliance with the commitments entered into by those who subscribe to accommodation certificates or notarial acts of invitation to foreigners, when acting in order to facilitate the stay, are considered to be included in this paragraph. illegal of these.

11. The omission or delay in the communication to the police agencies of the changes of nationality, marital status, or domicile, as well as in the corresponding cases, the alterations of their employment situation and other circumstances determining their legal status.

12. The delay, up to three months, in the application for renewal of the permits, once they have expired.

SECTION 2. SANTIONS

Article 99. Sanctions.

1. The following penalties may be imposed by the Commission for the infringements referred to in this Regulation:

(a) Expulsion of Spanish territory with a prohibition of entry into it for a minimum period of three years and a maximum of five years.

b) Multa of up to 2,000,000 pesetas.

2. The expulsion of the Spanish territory may be imposed only by the commission of the offences referred to in paragraphs 1, 2, 3, 4, 5 and 6 of Article 98.

3. They may not be punished by expulsion, unless the offence committed is that provided for in Article 98 (1) or a reoffending in the commission within one year of an infringement of the same nature as punishable by the infringement. expulsion, foreign nationals who are legal residents and are in any of the following cases:

(a) That they were born in Spain and that they have legally resided in our country for the last five years.

(b) They are holders of the status of permanent residents.

c) That they were Spanish of origin and that they had lost Spanish nationality.

d) That they are beneficiaries of a permanent disability benefit for work as a result of an accident at work or occupational disease occurring in our country.

4. The above paragraph shall also apply to the spouses of foreign nationals and to the minor and disabled children in their care who are in one of the situations identified, provided that they have been legally resident in Spain for more than two years. years.

5. The infringements referred to in Article 98 may be punishable by a fine. In the case of the cases referred to in paragraphs 11 and 12, the penalty may not exceed 50 000 pesetas; in the cases referred to in paragraphs 2 to 10 it shall not exceed 500 000 pesetas, and in the case of those provided for in paragraph 1, of the pesetas.

6. In accordance with Article 27 (3) of Organic Law 7/1985, the facts of the same infringement as those provided for in paragraphs 1 to 6 of the previous Article may not be punished by expulsion and fine jointly. For the determination of the class of sanction to be imposed in these cases, the circumstances of the arrest in Spain and the personal and family situation of the offender will be assessed.

7. In cases where the fine is to be imposed, account shall be taken in particular to determine the amount of the financial capacity and the degree of willingness of the infringer, as well as whether or not it is a repeat incident, as laid down in the Article 27.2 of the Organic Law 7/1985.

8. Where a penalty is imposed by the commission for the infringement provided for in Article 98.3 and the offender is a foreigner who carries out a gainful activity on his own account, he shall be notified of his trade by the governmental authority to the Labor and Social Security Inspection, to prevent the same fact from being sanctioned in the social order.

Article 100. Body responsible for sanctioning.

The competent bodies to impose the sanctions provided for in this regulation are the civil governors and the government delegates in Ceuta and Melilla.

Article 101. Prescription.

1. The infringement provided for in Article 98 (1) shall be prescribed at the age of three years, those laid down in paragraphs 2 to 10 at two years and those laid down in paragraphs 11 and 12 at six months.

2. The penalties imposed for the offences referred to in the preceding paragraph shall be respectively three years, two years and a year.

SECTION 3. SANTIONATOR PROCEDURE

Article 102. Applicable rules.

The applicable procedure for imposing the sanctions provided for in the Organic Law 7/1985 of 1 July on the Rights and Freedoms of Foreigners in Spain, as well as in this Regulation, will be in accordance with the provisions of the Articles 30 et seq. of Law 7/1985 of 1 July 1985, when the possible sanction to impose is the expulsion, and to the provisions of Title IX of Law 30/1992, of 26 November, on the Legal Regime of the Public Administrations and of the Common Administrative Procedure and the Rules of Procedure for the exercise of powers sanctioning, approved by Royal Decree 1398/1993 of 4 August.

Article 103. Initiation of the sanctioning procedure.

They will be competent to order the opening of the sanctioning procedure for the civil governors, the Government Delegates in Ceuta and Melilla, the Commissioner for Foreign Affairs and Documentation, the Chief of Police and the Provincial and local commissioners.

Article 104. Instructor and Secretary.

1. In the act for which the procedure is opened, Instructor shall be appointed, who shall be an official of the Directorate-General of the Police, the Chief Officers, the Provincial Commissaries or the local Police Commissaries.

2. The Secretary shall also be appointed as an official and shall belong to one of the bodies mentioned above.

Article 105. Communication of the initiation of the expulsion file.

1. The opening of an expulsion file shall be communicated in due time to the Consular Office of the respective country. The communication shall be made to the competent Consulate and shall contain the essential information on the personality of the foreigner and the file being opened.

2. The communication shall be made to the Ministry of Foreign Affairs when it has not been able to take account of the competent consulate or of the competent consulate outside Spain, and shall contain the same data as referred to in the previous paragraph.

SECTION 4. EXECUTION OF THE EJECTION

Article 106. Foreigners are taught in criminal proceedings.

1. Since the criminal procedure has been directed against a foreigner for a less serious crime and has been initiated a case of expulsion for one of the causes provided for in Article 26.1 of the Organic Law 7/1985, once it has been heard in the tax ministry will be of general interest, weighing all the circumstances, and in particular the satisfaction of the general interests, the authorization of the expulsion of the Spanish territory of the said in accordance with the provisions of the first paragraph of Article 21.2 of the said Organic Law.

2. When a foreigner is convicted of a less serious crime in a firm sentence, the Prosecutor's Office will request, upon accreditation of the insolvency of the foreigner or that the civil liability is satisfied, his expulsion by judicial decision as a substitute for the sentence imposed, in accordance with the second paragraph of Article 21.2 of the Organic Law 7/1985, except that the exceptionality of the concurrent circumstances suggests otherwise.

Article 107. Completion of the expulsion.

1. Both the expulsions agreed by the government authorities and those provided by the judicial authorities-once they have been received from them, where appropriate, the communications provided for in Article 21.3 of the Organic Law 7/1985 of 1 July- shall be carried out by order of the authority which issued them, in the following form:

(a) The persons concerned shall be notified of the order to leave the Spanish territory, giving the effect a reasonable period of time, which may not be less than seventy-two hours.

(b) After the period specified without the compulsory exit being made, the detention and driving of the border, port or airport shall be ordered through which the exit is to be effective.

(c) If the expelled foreigner has not left the Spanish territory, the execution of the agreed expulsion may be carried out while the sanction cannot be deemed to be prescribed in accordance with Article 101 of this Regulation.

d) By way of derogation from the foregoing paragraphs, in the cases referred to in Article 30 of Organic Law 7/1985, the notification and execution of the expulsion order shall be effected immediately, once the formalities have been completed and formalities provided for in that Article.

e) To carry out the expulsion of foreign nationals who have been detained and are made available to the judicial authority, in accordance with the second paragraph of Article 26.2 of the Organic Law 7/1985, 1 In July-if they have not been released by that authority within the period of 40 days referred to in the same provision-the judicial authority itself shall be interested in the cessation of detention for the purposes of carrying out the driving to the exit post.

2. Where the expulsion is carried out, the competent authority shall give the Directorate-General of the Police, which shall coordinate such expulsion with the Ministry of Foreign Affairs, in the form and manner laid down in the rules of development.

3. Where the expulsion cannot be carried out because it cannot be returned to its country of origin or to any other country, it may be authorised to stay or reside on Spanish territory, in accordance with the provisions of Articles 46 and 53 of the This Regulation.

4. 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 failure to carry out its 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 Organic Law 19/1994 of 23 December.

SECTION 5. FOREIGN DETENTION CENTERS

Article 108. Detention centres for foreigners.

1. The Judge of Instruction of the place where the foreign national was detained, at the request of the governmental authority which agrees that detention, within a period of seventy-two hours from the same, may authorise his/her entry into detention centres foreign nationals who do not have a penitentiary, in order to ensure the substantiation of the administrative file and the execution of the expulsion.

2. The detention of a foreigner may only be agreed upon when he has been detained for being in breach of any of the expulsion cases referred to in paragraphs (a), (c) and (f) of Article 26.1 of the Organic Law 7/1985.

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 to whom the data on the personality of the foreigner and the detention measure shall be made available to him. 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, the detention will be communicated to his relatives 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. The foreigner during his detention is at all times at the disposal of the judicial authority that authorized him, and any circumstance in relation to the situation of the foreigners should be communicated to him by the governmental authority. boarding.

7. Persons admitted to detention centres of a non-penitentiary nature shall enjoy during the same period of the rights referred to in the preliminary chapter of this Regulation not affected by the judicial measure of detention, in particular the right of a legal aid, which will be provided ex officio, if appropriate, and to be assisted by interpreter, if it does not include or speak Spanish, and free of charge in the event that it lacks economic means.

8. Foreign minors may not be admitted to such centres and must be made available to the competent services for the protection of minors, unless, after a favourable report by the Prosecutor's Office, their parents or guardians are In the same centre, they express their desire to stay together and there are modules that guarantee family unity and intimacy.

Article 109. Competition.

1. The inspection, management, coordination, management and control of the centres is the responsibility of the Ministry of Justice and the Interior, without prejudice to the powers of the Judge of Instruction referred to in paragraphs 1 and 6 of the previous article.

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 provided by the competent ministries with non-governmental organisations or other non-profit organisations, with a view to the programmes of legally established aid.

Article 110. Income.

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. Inmates who have physical or mental illness or deficiencies that do not require a transfer to a hospital shall remain separated from the rest of the boarding schools.

4. The centres shall have independent modules in order to allow the internal separation of the internal modules.

Article 111. 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 center there will be a composite board, in addition to the Director of the Board, by the optional and a social worker, who will advise him on the imposition of measures on the inmates who do not respect the norms of coexistence and internal regime.

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 112. 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, he/she shall be transferred to a hospital facility, subject to an application for authorization for the purposes of the judicial authority, prior to the report of the physician. to the medical examiner, 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 dependency of the center's management, who will perform the functions of care that the inmates require.

Article 113. Rules on the internal arrangements of the centres.

The Minister of Justice and Home Affairs will dictate the rules deemed necessary to regulate the internal functioning of these centers, in accordance with the provisions of this Regulation.

SECTION 6. VIOLATIONS AND SANCTIONS IN THE SOCIAL ORDER AND LABOR SURVEILLANCE

Article 114. Infringements and penalties in the work order.

Failure to comply with the provisions contained in Organic Law 7/1985 and in this Regulation, in respect of the work of foreigners in Spain, established in Law 8/1988 of 7 April, of Infractions and Sanctions in the Order Social security shall be subject to sanctions following the instruction of the appropriate sanctioning file on the proposal of the Labour and Social Security Inspectorate, in accordance with the administrative procedure for the imposition of penalties provided for in that Law, without prejudice to the responsibilities of another order which may be fulfilled.

Article 115. Labour surveillance.

1. The inspection in the field of foreign work will be carried out through the Inspection of Work and Social Security, which develops the functions and competences that it has attributed in its specific regulations.

2. Without prejudice to the above, the tasks of support, collaboration and management, as regards the verification and control of compliance with the regulations on foreign nationals, may be carried out by the officials of the Management Body. In the case of the Labour Controller in companies of up to 25 employees or in the case of self-employed workers, according to the powers conferred on them by Royal Decree 1667/1986 of 26 May.

SECTION 7 OTHER VIOLATIONS AND PENALTIES

Article 116. Other infringements and sanctions.

1. It shall be sanctioned in accordance with the specifically applicable legislation, failure to fulfil the duties, obligations and burdens imposed by the legal system referred to in Article 4.2 of the Organic Law 7/1985 or the infringement of the laws of the Member States. rules governing the respective activity, in the case of foreigners working in Spain for their own account or who, by their residence or interests, relate to Spain.

2. In particular, the non-compliance by foreigners of the requirements for commercial establishments will be sanctioned in accordance with the provisions of market discipline and, where appropriate, in accordance with the provisions of the Treaty. established by the current legislation on foreign investments in Spain.

3. The competence for the instruction of the files and for the imposition of the penalties referred to in this Article, in relation to the provisions of Articles 17.3 and 28.2 of the Organic Law 7/1985, shall be the responsibility of the bodies of the Central, Autonomous or Local administration, which is assigned to it, by reason of the matter in question, in accordance with the rules in force.

Article 117. Interorganic communication of infringements.

1. The employment authority shall give the governmental authority the authority of the alleged infringements, relating to the entry and stay of foreigners in Spain, that it has knowledge in the exercise of its powers.

2. In addition, the government authorities and the police departments shall inform the Directorate-General for Migration, the Labour Inspectorate or the Provincial Directorates of Labour, Social Security and Social Affairs, of the facts they know and which may constitute an infringement of the provisions of this Regulation. Where the expulsion has been authorised judicially, the governmental authorities and the police services shall immediately communicate the practice of expulsion or the reasons which, where appropriate, make it impossible for them to carry out the expulsion. The Court of Justice has authorized it and the Prosecutor's Office.

3. The judicial bodies shall communicate to the governmental authority the finalisation of the judicial proceedings in which the commission of administrative offences against the rules on foreign nationals is involved, for the purposes of the administrative procedures may be resumed, initiated or closed, where appropriate, where appropriate, the administrative penalty procedure. 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 breach of any of the causes of expulsion provided for in Article 26.1 of the Organic Law 7/1985, without The relevant administrative file has been initiated and will make it clear to the governmental authority 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 removal, in accordance with the provisions of the Organic Law 7/1985. 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.

CHAPTER VII

Outputs and Returns

SECTION 1 VOLUNTARY EXITS AND EXIT BAN

Article 118. Assumptions. Governmental and police action.

1. In the exercise of the right of free movement, foreign nationals may voluntarily leave the territory of Spain, except for cases of return or expulsion, where the exit is compulsory, and the cases referred to in paragraph 1. 2 of Article 21 and Article 26 (3), both of the Organic Law 7/1985, in which the exit requires judicial authorization. Exceptionally, the exit may be prohibited by the Minister of Justice and Home Affairs in accordance with Article 21 (4) of that Law and Article 121 of 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 foreign nationals affected to do so 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 Governors. civil, of those cases in which foreign courses are held in criminal proceedings.

Article 119. 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 by identity card, passport or any other document to which similar effects are attributed, shall leave the Spanish territory with such documentation, to do so within the time limit set by the Organic Law 7/1985, by the International Agreements or within the period of validity of the visa.

4. Those who are in a situation of stay or extension of stay will have to leave the Spanish territory within the duration of the situation. Their entry and subsequent stay in Spain will have to undergo the procedures established for the first obtaining.

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, a foreign national whose residence permit would have been lost, a return authorization allowing him to leave Spain and a subsequent return to the national territory within the territory of the United Kingdom, may be issued. a period of not more than 90 days, provided that the following circumstances prove:

a) That the reason for the trip responds to a situation of need.

b) That the applicant has initiated the renewal procedures for the permit prior to its expiration.

Article 120. How to effect the output.

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

2. If the documentation is found in conformity and there is no prohibition or impediment to the departure of the holder or holders, 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 to the non-stamping, so that the documentation will be returned to the outside of the country.

3. If the exit is made with defective documentation or without documentation or with a document of identity in which the stamp, sign or mark of control cannot be stamped, the foreigner will deliver, whenever required, in the services control police, the printed form to record the exit, duly completed.

Article 121. Exit bans.

1. In accordance with the provisions of Article 21.4 of the Organic Law 7/1985, the Minister of Justice and Home Affairs may agree to the prohibition of the departure of foreigners from the national territory, in the following cases:

(a) Those of foreigners who are not in court proceedings, by the commission of crimes in Spain, except for the cases of the first paragraph of Article 21.2 and Article 26.3 of the Organic Law 7/1985, 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 for the execution of conviction, except for the assumptions of the second paragraph of Article 21.2 of the Organic Law 7/1985, and those implementing Conventions in which Spain is a party, on the enforcement 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.

e) Those in which it is strictly necessary for the protection of the rights or public freedoms of the Spanish.

2. The prohibition of exit shall be adopted by the Minister of Justice and Interior, as the case may be, on his own initiative, on a proposal from the Directorate-General of the Police or the health authorities, or at the request of the Spanish citizens who could be harmed, in their rights and freedoms, by the departure of foreigners from Spanish territory.

SECTION 2. MANDATORY OUTPUTS AND RETURNS

Article 122. Mandatory exits.

1. In the case of expiry of the periods of legal permanence of foreigners in Spain and in cases of refusal of extensions of stay, residence permits or any other document necessary for the permanence of foreigners in Spain Spanish territory, as well as the extensions of the permits or documents themselves, will be warned to the interested parties, by means of diligence in the passport or analogous document, of the legal norms that determine the obligation of their departure from the country. In the case of a document of identity in Spain where the said diligence cannot be affixed, the warning shall be issued in a separate document.

2. The compulsory exit must be completed within a maximum of 15 days, unless exceptional circumstances are met and sufficient means of life are justified, in which case the period up to a maximum of maximum of 15 days may be extended. Ninety days. After the expiry of the period indicated without the exit being made, the provisions laid down in this Regulation shall apply for the cases referred to in Article 26.1 (a) of the Organic Law 7/1985.

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.

Article 123. Returns.

1. No expulsion file shall be required for the return, under the order of the civil governor of the province of foreign nationals, who shall be in one of the following cases:

(a) Foreigners who have been expelled contravene the entry ban in the country.

b) Foreigners who have entered Spain, whose entry is considered illegal under the provisions of Article 11 of the Organic Law 7/1985.

2. The provisions of paragraph (b) of the preceding paragraph shall be exempt from persons who meet the requirements of the refugee status, provided that they are submitted without delay to the competent authorities, stating their intention to to apply for asylum in accordance with Article 4.1 of Law 5/1984 of 26 March, as amended by Law 9/1994 of 19 May.

3. Foreigners who have crossed the border, in any of the cases referred to in paragraph 1 of this Article, must leave the Spanish territory immediately, under the control of the competent services.

4. Foreigners who are in one of the cases referred to in paragraph 1 of this Article shall not be admitted to the non-prison centres referred to in Article 108 of this Regulation.

5. The transport companies or companies, through which the entry of foreigners would have been made, in such cases are obliged to provide the departure of the Spanish territory in the nearest link.

6. If the exit does not take place, in accordance with the provisions of the preceding two paragraphs, the civil governors shall have the execution of the orders for the return of foreign nationals to the countries of origin or origin in the form provided for in the Article 107 of this Regulation, which shall be carried out at the expense of the persons concerned, if they have economic means.