Sin categoría

Many of you contact Extranjeristas on a daily basis to ask us about the procedure for obtaining residency through a domestic partnership. Well, to begin with, we would like to clarify that there is no procedure or procedure called “unmarried partner”; what exists is the procedure for the EU citizen’s family card, which within the group of what is understood as family members is both the spouse (by marriage) and the unmarried partner, that is, if you have a unmarried partner, and you do not have papers, you can apply for this card. In other words, the unmarried partner is a civil procedure (as is marriage), which, depending on whether you meet a series of requirements, can allow you to obtain a benefit from the immigration authorities. Next, we must point out that, unlike marriage, there is no uniform regulation throughout the national territory, but rather each Autonomous Community has powers to regulate the formalisation of unmarried couples in its territory, or what is the same, taking into account that in Spain there are 17 Autonomous Communities, there are 17 different regulations for formalising an unmarried couple, which varies greatly depending on whether you are in one territory or another. In this blog we will only talk about the territory of Catalonia, which is the one we know best, however, if you have any doubts about the application in another territory, do not hesitate to contact us and we will inform you. The first thing we have to point out about the procedure with the immigration authorities is that it is not enough to have a stable partner to be able to obtain this permit, but you also have to meet a series of requirements, which are detailed below: EUROPEAN CITIZENSHIP: One of the partners must be a national of a European Union member state, plus nationals of Switzerland, Norway, Iceland and Liechtenstein. This is a basic requirement, because even if your partner or spouse has, for example, long-term residence, this does not entitle you to the EU family member card simply because he or she does not have any of the above-mentioned nationalities. ACCREDITATION OF THE RELATIONSHIP: Obviously, if we are talking about marriage, the link is accredited simply with a marriage certificate, but in the case of a domestic partnership it is a little more complicated. In the case of Catalonia, the accreditation of being an unmarried partner can be done in one of the following ways:Accrediting 2 years of cohabitation (accreditation that is done with a historical census of the couple).Proving that you have a child in common (regardless of how long you have been living together).In the event of not being in any of the above cases, by formalising the partnership before a notary. This case gives rise to a lot of confusion, as each Notary requires different requirements; there are those who will ask for a birth certificate, those who require a minimum of cohabitation (6 months or 1 year) and some even ask for witnesses, but our office works with Notaries who only require that the couple is living together (no time limit), and that they simply go to the Notary to state that they want to become a common law couple. ECONOMIC RESOURCES OF THE UNION CITIZEN: This point is very important, as we want to make it clear that it is NOT enough to be the unmarried partner of someone with European citizenship, if they do not have economic resources that accredit that this citizen can minimally support their partner. These resources will be based on what is established each year in the annual state budgets for the minimum non-contributory pensions, so that the EU citizen has to prove 100% of the minimum pension, and for his or her partner 70%. Currently, the amount available for the year 2021 is 9,586.64 euros per year, which can be accredited either with a work contract or pension of some kind, or with a bank account balance of at least the aforementioned amount, although in the latter case it will also be necessary to take out a private health insurance policy, with no deficiencies and no co-payments, which covers the health care that would shield the public health service. Once we are sure that our unmarried partner relationship meets the necessary requirements to be able to obtain the EU citizen family card, the procedure to follow is as follows: 1.- To register the partnership with the “Registre de parelles estables de la Generalitat de Catalunya”, which can be done directly (if you have been living together for 2 years or if you have a child in common), or if you have first gone to a Notary, it is the Notary who is responsible for directly registering the partnership in the aforementioned public register, after signing the public deed. 2.- Regardless of the way in which the registration has been carried out, within approximately 1 month we will receive a certificate of registration in the public register, at which point we can present the file at the Immigration Office, which will decide on our request within a period of time that will vary depending on the province where we present it. However, if you need legal advice on how to obtain your unmarried partner residence permit, or other immigration issues, do not hesitate to contact Extranjeristas on 931454520.

It’s official! As of tomorrow, 7 June 2021, restrictions on tourism in general, including those from outside the European Union, will be lifted. This Saturday, 5 June, two important regulations have been published in the Official State Gazette (BOE): Order INT552/2021 of the Ministry of the Interior, and the Resolution of 4 June of the Directorate General of Public Health. The first regulation modifies the previous Order INT/657/2020 of 17 July, which restricted the entry of foreigners into Spain, establishing new entry conditions, including any person in possession of a vaccination certificate (i.e. tourists). Children under 6 years of age accompanying the above are exempt from accrediting vaccination. The second regulation establishes the health requirements to be met at the border with Spain, which are as follows: HEALTH REQUIREMENTS FOR ENTRY INTO SPAINHealth control form: This requirement must be fulfilled by everyone, whether they are from the EU or from outside the EU, whether they come from a country at risk or not, and whether you are going to enter Spain or are only in international transit. This form must be filled in either through the website spth.gob.es or through the SpTH app. Once you have filled in the form, you will be sent a QR code that you will have to validate both at the airport and when crossing the border. Certifications: This documentation is only required for those who are going to enter Spain (not international transit), and from a country at risk (almost all of them) and can be of 3 types: Vaccination certificate: This is a certificate issued by the health authorities of the country of origin stating that the tourist has completed the full vaccination schedule, and will be valid from 14 days after completion of the vaccination until 1 year later. The vaccines must be WHO or EMA approved.Certificate of recovery: This is a certificate issued by the health authorities of the country of origin that reflects that the tourist has overcome the disease, and 180 days have not passed since the first positive test.Certificate of diagnosis: As it worked until now, i.e. accrediting a negative PCR test within 48 hours prior to the start of the trip, but the novelty is that from now on the antigen test is also accepted.EU digital Covid certificate: this is pending development, but from now on all European citizens will have to carry this passport, not being able to opt for certificates 1 to 3.Temperature control: on arrival at the Spanish airport, a temperature control will be carried out, being a requirement for entry not to reach a fever of 37.5º. As you can see, the second rule can give rise to confusion as it can be interpreted that a tourist can enter Spain with a simple antigen test, but nothing could be further from the truth. The health requirements for entry into Spain are requirements that are generally demanded of anyone entering Spain: Spaniards returning from another country, European citizens who are going to visit Spain, students, diplomats, researchers, family members of EU citizens, etc., but what must be clear is that tourists from countries at risk outside the EU CAN ONLY ENTER WITH A VACCINATION CERTIFICATE certifying a complete vaccination schedule at least 14 days before starting their trip. Finally, and if you have already decided to come to Spain as a tourist, it only remains for us to remind you of the requirements that must be met by tourists wishing to enter Spain: 1.- Have a contracted return air ticket. 2.- Have money on you (either in cash or with a credit card) equivalent to €95 for each day you stay in Spain. 3.- Have a reservation of accommodation equivalent to the number of days of stay in Spain, which can be replaced by a letter of invitation made by a relative to the Police, who assumes the responsibility of hosting you during your stay. IF YOU NEED MORE INFORMATION OR IF YOU NEED US TO HELP YOU WITH THE PROCEDURE TO ENTER SPAIN AS A TOURIST, DO NOT HESITATE TO CONTACT OUR OFFICE .

ASSESSMENT AFTER HALF A YEAR OF APPLICATION OF DGM INSTRUCTION 8/2020There are many foreigners who are in an irregular situation despite having a child with Spanish nationality (or from another EU state), and often it is even both parents who are in an irregular situation. If this is your situation, you should read this article. Until October last year, the situation was very different, since if you had a child with the nationality of an EU state (not Spanish) you did not apply to obtain the EU family card, and if your child was Spanish, there was the figure of family roots, but very different from the current situation (as we will explain later) since it was only granted for one year, having to be modified as long as you met certain requirements, mainly having a job, which meant that many parents, after a year, returned to irregularity as they did not meet these requirements. Well, this situation changed radically in October 2020 with the publication of DGM Instruction 8/2020, which issued new instructions on how to apply the aforementioned applications from then on, by virtue of the recent case law of the European Court. The basis for this is Article 20.1 of the Treaty on European Union, which provides for the right of the child to reside in the company of his or her parents who are responsible for him or her. As a result of this article, the CJEU has issued several rulings (most notably that of 8/03/2011, case c-34/09) which establishes that a residence and work permit cannot be refused to a parent who is in charge of a minor who is a national of an EU state, since, if the permit is refused, this would mean that the minor would have to accompany his or her parent, and therefore leave EU territory. But everything changed radically after the publication of this Instruction, which established two different cases of regularisation of the parent depending on whether the child was Spanish or from another EU country Situation of parents of a minor from an EU country (not Spain)They are granted an EU citizen’s family card, as long as they have a valid passport, can prove the family relationship, and meet the requirements of art. 7 of RD 240/2007, that is, as long as they can prove that they have private insurance, as well as sufficient resources to take care of the child (job offer, bank account balances, etc.). However, nobody should be alarmed if, being in this situation, they do not meet the requirements we have just mentioned, as in the event that the parent does not have these resources, instead of the EU Citizen Family Card, they will be given the family roots permit, which, unlike the parents of Spanish minors, will only be for 1 year, but can be extended as many times as necessary, and, as soon as they find work, they can change to the EU Citizen Family Card.Situation of parents of Spanish minorsIn this case, the situation changes considerably, as it would not apply to the EU citizen family card, but to a family roots permit, which will be for 5 years, and which entitles the holder to reside and work, so the differences with the EU family card are minimal. In these cases, it is sufficient to prove a valid passport, the family relationship, the child’s dependency (either because he/she lives with the parent or because the parent meets the child’s expenses by paying child support), as well as providing a criminal record certificate from the country of origin. As can be seen, in this case, NO PROOF OF INCOME IS REQUIRED. But what happens if I have a criminal record and can I still apply?Although the answer is complex, what we can say is that there is no automatic refusal of a permit simply because you have a criminal record, and it can only be refused when the Administration considers that granting you a permit could pose a “danger to the maintenance of public order and the safeguarding of public safety”, that is, that you will be granted the permit as long as your record is not serious.Assessment of these 6 months of application of the InstructionOur assessment has been clearly positive, as we have been granted 100% of the applications submitted by Foreigners during this half year, the granting of the permit being practically automatic, and although the Aliens Office, true to its habit, has put some other impediments (for example that the birth certificates of the child specify the nationality of the same), these are easily rectifiable, and many of our clients currently enjoy a 5-year permit that enables them to reside and work. However, if you need legal advice on family roots or other immigration issues, do not hesitate to contact Extranjeristas on 676951030. We now have a special promotion to process your residency for family roots for only 150 EUROS.

NEW DEVELOPMENTS IN A RESIDENCE PERMIT THAT IS ALWAYS CONTROVERSIALAt the law firm Extranjeristas we have been defending for some time, like true preachers in the desert, the idea that foreigners who, in one way or another, had worked legally in Spain and for various reasons had become irregular (i.e. asylum seekers with a red card who were denied international protection, or foreigners whose residence permit had expired), could make use of the figure of “arraigo laboral” to recover not only their residence, but also their work permit. Now, with great satisfaction, we can say that the Supreme Court has given us the reason in this matter, and in its recent ruling of 25/03/2021 has established the doctrine on this controversial issue, but which will surely restore hope to many foreign citizens who were currently at a dead end. Many of you are probably asking yourselves, but what exactly has changed to restore hope? To do so, we have to start from the beginning, i.e. how the Foreigners’ Offices have interpreted the “arraigo laboral” until now, and then explain the changes that have taken place. Previous situation of “arraigo laboralArraigo laboral is an extraordinary circumstance for obtaining a residence permit regulated in art. 124.1 of the Foreigners’ Regulations. This article consists of 2 paragraphs. The first paragraph indicates that anyone who can prove that they have been residing in Spain for more than 2 years (obviously with a census) and can prove that they have worked for more than 6 months, may opt for legal residence under this circumstance. So far so good, right? I’m sure that many of you reading this blog will be thinking: “Well, I’m in this situation”, but then we read the second paragraph which indicated that, in order to prove this situation, we would have to provide either a final court ruling or an infringement report from the Labour Inspectorate, and that was the end of our hopes, because from a first reading it implicitly obliged us to denounce or sue the company in order to obtain this permit. The reason for the wording of the second paragraph was obvious: The Administration, although it will not admit it explicitly, established this permit as a “prize” for all those irregular immigrants who denounced illegal work, in such a way that this “prize”, the work roots, was compensated by the Administration, with the enormous fines it imposed on the company that had hired an “undocumented worker”. Current situation of the arraigo laboralSo what exactly has changed with the new ruling? Well, the interpretation of this article. Let me explain. Nowhere in the aforementioned articles regulating employment roots, even though other immigration lawyers have indicated the contrary, did it state that the work carried out had to have been clandestine or irregular. Therefore, the judgment, with good judgement, establishes that being so worded, it does not make sense that, speaking precisely of “a situation of rootedness”, clandestine work is valued more highly than the regular work of a foreigner who, from the outset, would have done everything possible to have his situation regularised. The basic problem was to be found in the second paragraph, which seemed to establish that, apart from the two cases of proof established (the judgement or the IT infringement report), there was no room for other cases, such as a simple employment history report issued by the Social Security.Well, we can finally say loud and clear that the SC has done justice, and that from now on, any foreigner who can prove, in addition to having been in Spain for 2 years and not having a criminal record, that they have worked for more than 6 months in our country, whether clandestinely, with a work permit or as an asylum seeker, can apply for a work permit, with a work history report from the Social Security being sufficient. However, I would like to point out that the new situation has a time limit, i.e. the work must have been carried out relatively close in time to the application for residence. Therefore, those who had worked legally 10 years ago would not be eligible for the new “arraigo laboral”, but we understand that, for example, foreigners whose permits have recently expired or asylum seekers whose applications for international protection have recently been rejected would be eligible. However, if you need legal advice on employment roots or other immigration issues, do not hesitate to contact Extranjeristas on 676951030.

We put ourselves in your shoes! Like you, we have lived through the same situation of how difficult it is to come to a new country to earn a living, and to have to face the bureaucratic difficulties to regularise your papers, and then even have to apply for nationality. For this reason, because we understand your situation, at Extranjerista you will find a team that is not only professional, but also outstanding for its human warmth, so that at least in our office you will not feel like a foreigner.

We guarantee the result! Well, let’s explain it better. We know how painful it is to pay for a lawyer to carry out the procedure and it does not work out well, and we have to restart it again, assuming the cost again. Well, at extranjeristas we guarantee that, if the procedure goes wrong for any reason, we promise to resubmit it again for free until you get your permit.

15 years of professionalism! In this office we have been working in the field of immigration and nationality law since 2005. 15 years in which we have witnessed the great changes in immigration law in Spain, and in which we have attended to hundreds of immigrants, with the utmost professionalism, and whose best reward has been the trust placed in us, who have recommended our services.

As we have already indicated in previous blogs, the residence permit for employment roots took a 180º turn as a result of the rulings of the Supreme Court initiated with the now famous ruling of 25/03/2021, which, although it raised many hopes, also raised many questions that the Administration (in a display of bad judgment) responded to with the Instruction SEM 1/2021 published in June, which caused each of the Foreigners’ Offices to demand different requirements, issuing different resolutions depending on where in Spain the foreigner was registered. Therefore, taking into account that the province of Barcelona has taken the longest to resolve these procedures (6 months on average), there was great expectation to know what criteria would be established in order to grant such a longed-for permit. Well, taking into account that in mid-September we were the first office to receive a work permit under the new criteria, since then we have been granted 25 work permits, the balance of which have all been granted, except for 4, 2 of which were self-employed and the other 2 were part-time. All this allows us to conclude that the criteria adopted by the Barcelona Foreigners’ Office to grant work permits are as follows: They are only refusing applications made by those who were self-employed, or were employed but part-time, or simply did not reach the minimum 6 months of contributions.They also do not accept applications made by those who still have their red card in force, but accept to remedy the application by submitting a waiver of the red card.On the other hand, the following applications are accepted: Those submitted only with the work life report (no work contracts or pay slips need to be submitted).Those with discontinuous work (i.e. the 6 months need not be continuous).And they have even been granted to foreigners who had lodged an appeal against the refusal of asylum (both administratively and judicially) and even to people who were still registered and continued working. From here on, the question for those who have had their permit frustrated, either because they are self-employed or because they are part-time workers, is: What do we do from now on? Obviously, our firm advises appealing, and not to be intimidated by the Administration. In fact, we have already appealed these unfavourable rulings in the contentious-administrative courts of Barcelona, as we continue to believe that the Ministry of the Interior, through its Instruction SEM 1/2021, made a twisted interpretation of the Supreme Court rulings, and they say what they say, which is that the permit must be granted to those who can prove that they have worked for 6 months in a period of 2 years. Nowhere does it state that it has to be full-time work, in an irregular situation, or as an employee, but as simple as having worked for a period of 6 months in the last 2 years. That is why we advise you to appeal, and not to be afraid of the courts because, as demonstrated by the Supreme Court rulings, they are there to defend our rights against the many arbitrary actions of the Administration. Finally, with those who have obtained their permits through this new channel, we can honestly say that it has been very exciting to see how in the last few weeks we have managed to change the lives of many people, some of whom have even started to cry when they received our phone call, which has made us very emotional, as we are people first and foremost. Congratulations to all of them, and thank you very much for trusting our office, especially for the circumstances, because they were among the first to decide, when it was a complicated time because in many places of the RRSS (honestly, I do not know why) messages were introduced that all this was a hoax, and little less than we were accused to offices like ours of wanting to deceive people generating false expectations. Well, as it has already been demonstrated, the labour roots are already a reality, and if you think you can apply for it, do not hesitate to contact us and be one more of those who have obtained their permit through this route. Call us on 931454520!!!

As many of you know, a job offer is essential to obtain a residence and work permit in Spain. With a few exceptions, such as the EU citizen’s family card or family roots, for the rest of the permits it is an essential requirement to have a good job offer, and as you already know, it is not easy to get an employer to provide you with the much sought-after offer. Obviously, the social roots procedure itself makes a “real” offer practically impossible, as you go to a job interview, and if they like you, go and tell them that to hire you they first need to complete a procedure that currently, in Barcelona and Madrid, is taking more than 7 months to resolve, and see what the human resources department of that company has to say. In other words, the paradox of all this is that the Administration requires you to present a “real” offer when the very procedure that establishes the only ways to obtain job offers makes it impossible for an ordinary employer to put up with such a long process. The only ways to get job offersTherefore, in the end, the only ways to get job offers are the following: 1.- Through mafias that sell offers: an option that for obvious reasons we do not recommend for anything in the world. The reason is obvious, they are usually companies that are not doing well in their own business, and that once made a job offer to a foreigner in exchange for money, and it went well, and they think they have found an easy way to earn a lot of money and so they start to offer more people, but obviously by not complying with the main requirement, which is to maintain the contract for at least 1 year, the Foreign Office puts the employer on a “black list” of non-compliant offerers, and therefore, they will be denied the next offers they make. 2.- Through family and/or friends: That is, a friend tries to help you by providing you with a job offer to get you out of trouble. Although this is a better option than the previous one, it is not very recommendable because it is still not real, and in the end it ends up causing problems (who pays the contributions, how long the contract lasts, etc.), especially when it comes to meeting the requirements for renewal. 3.- Through an employer with whom you have been working in the black for some time: In other words, the Administration cannot expect you to have been living irregularly in Spain for 3 years, and for those 3 years you have been living off the air. Obviously, you have had to work to be able to eat, and the only way you can do that is on the black. Well, if you have been working with an employer for some time, even if it is irregular, it is true that often a bond is created so that, after a period of time in which they check that you are working well, they decide to support you and offer to legalise your work. Obviously, this is the most advisable option, since, regardless of whether there is a previous irregular relationship, in the end it ends up being a real offer, with a real job, and that in the future will make it easier for you to renew your permit. But, once you have the offer, what does it have to be like? What requirements must it meet? We answer your doubts. The requirements must be the following: Contract of minimum duration of 1 year.The working day must be full time. However, we can present 2 or more offers, as long as they are for the same activity, and the sum of the contracts is a minimum of 30 hours and the total of the Minimum Interprofessional Wage is received on a full-time basis.The salary must be stated in figures. That is to say, typical expressions such as “according to agreement” or “SMI” are not valid, and if you receive the minimum wage, for example, you must indicate that your salary will be 13,600 euros per year.There must be a clause stating that the contract will be conditional on obtaining a residence and work permit.Remember that the job offer must be maintained until the residence permit is granted. If, for whatever reason, the employer backs out of the offer before the permit is approved, you cannot save the process by making a new job offer, but will have to start the whole process again from scratch. However, if you need legal advice on social roots or other immigration issues, do not hesitate to contact Extranjeristas on 931454520.

The Draft Law on Democratic Memory is currently being debated in the Spanish Congress of Deputies, a law that aims to compensate the victims and victims of the Spanish civil war and its subsequent dictatorship, and which, among its most important measures, includes new ways of acquiring nationality for those who are children or grandchildren of Spaniards of origin. This law complements Law 52/2007 of 26 December 2007, which is no longer in force, and whose 7th additional provision established the possibility of acquiring nationality for those who had a Spanish father or mother of origin, and which could be extended to their minor children. This regulation lost its validity in November 2011, and left many people waiting to regularise their nationality. Well, this new regulation, which is expected to be approved this year, regulates in its 8th additional provision up to 3 ways of acquiring Spanish nationality: One general, and 2 specific. General case Any foreigner who has had an original Spanish father or mother, or grandfather or grandmother, and who has lost or renounced their nationality due to exile for ideological, political or religious reasons, will have the right to opt for Spanish nationality. Obviously, this case covers any grandchild of a native Spaniard, but not just anyone, but those whose grandparents went to live in another country because of their disagreement with General Franco’s regime, and this is where the difficulty lies, in proving that your grandparents left for ideological reasons (i.e. those who left to start a new business, or to marry a foreigner, would not be included), and given the time that has passed, it will be very difficult to recapture evidence. Specific assumptions There are 2 specific requirements to obtain nationality, and obviously easier to prove than the previous case, and they are: Those whose mother (therefore, here it does not apply to grandchildren) lost her Spanish nationality because she married a foreigner. Before the promulgation of the current Spanish Constitution (29/12/1978), Spanish legislation established that a Spanish woman lost her nationality if she married a foreign citizen, which, in addition to being a discrimination based on sex, established a clear injustice for many foreigners whose mother, if she had kept her nationality, would have caused them to be born Spanish as well. Well, this rule aims to compensate all those people, and from its entry into force they will be able to apply for nationality by choice, regardless of their age. Those who, when their father or mother took advantage of Law 52/2007, of 26 December, could not obtain Spanish nationality because they were of legal age at the time. As we have indicated above, the aforementioned Law allowed anyone who had a Spanish father or mother of origin to apply for Spanish nationality, and this could be extended to their minor children. Well, this Law compensates those grandchildren who could not apply for Spanish nationality, together with their parents, because they were of legal age, who will now be allowed to acquire Spanish nationality by option.It is important to bear in mind that this Law is not yet in force and is being debated in the Spanish Parliament, but unless there are big surprises, there will be no changes in the text relating to the acquisition of nationality, and we must bear in mind that, once it comes into force, we will only have 2 years to regularise our nationality, so it is important to act quickly, and to seek the advice of a good professional to be able to take advantage of these new cases without surprises. At EXTRANJERISTAS we can advise you and take care of your nationality procedure. For more information call 931454520