Spanish Immigration Law: Entry, Status, and Violations

Part II: Entry, Documentation, and Alien Status

Entry into Spain requires a visa. Types include:

• Transit visa: Entitling the holder to transit.
• Stay visa: For a stay not exceeding 3 months per semester.
• Work and residence visa: For self-employed or employed individuals wishing to reside.
• Study approval: For courses, studies, or research work.
• Residence visa: To live without work activity.

Development is witnessed to obtain a foreigner identity card for persons issued a visa or permit for more than 6 months.

Law Distinctions: Stay vs. Residence

The law distinguishes between:

• Stay: Allows stay for no longer than 90 days.
• Residence: Can be:
  • Temporal: Maximum 5 years. Requires testifying sufficient livelihoods to meet living expenses and subsistence for the family during the residence period without needing gainful activity.
  • Permanente: Permits to reside and work indefinitely under the same conditions as Spanish citizens. Granted after having temporary residence for 5 years.

Residence of Minors

The residence of minors shall be regulated unless protected by the Public Administration. The competent administrative judge determines their return or the conditions of stay in our country.

Work Authorization

Work requires prior authorization. The government sets an annual labor quota, fixing the number and characteristics of jobs, with exceptions for jobs employers can fill.

Part III: Immigration Violations and Inspection

This section addresses violations in immigration matters and sets inspection procedures.

Violation Classifications

• Minor offenses: Caused by irregularities in the alien's status (e.g., delayed permit renewal, lack of communication).
• Serious violations: Being unlawfully in Spanish territory, lacking a stay extension, lacking a residence permit, or working in Spain without official authorization.
• Very serious offenses: Punishable behaviors such as discrimination, recruitment or use of unauthorized workers, or promoting illegal immigration.

A tool to fight illegal immigration is the obligation of carriers to provide prior information before departure from the origin to Spanish territory.

Part IV: Coordination of Public Authorities on Immigration

Two figures are planned for coordination:

Senior Immigration Policy Council

This council coordinates public administration. It establishes the basis for a comprehensive policy on employment and social integration.

Forum for Social Integration of Immigrants

This forum includes representatives from the public administration, immigrant associations, and support organizations.