By Sagrario Eyenga Esono Abegue,
In Spain there are close to 6 million foreigners, 13% of the population. For that, it is necessary to analyze the branch of law that regulates their condition as foreign citizens.
READ MORE: Just a Girl from a Small Island in Africa with Big Dreams
Immigration law does not enjoy great prestige, although its regulation generates an impact directly in the daily life of migrants. Its importance is such that often sets the course of vital decisions. An example of this is the latest reform carried out on the Immigration Regulations. The consequences of this reform can be seen in specialized law firms as they are registering a considerable increase in queries, especially from migrants who are in an irregular administrative situation.
The immigration regime is based mainly on these two regulations: Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration and Royal Decree 55/2011 of April 20, which approves the Regulation of Organic Law 4/2000. (Recently refurbished on July 26, 2022).
The first regulates most of the rights and freedoms granted to citizens foreign; and in the second, the detailed procedure of the ways to obtain a Permit Residence, according to the circumstances of each migrant. Being a firm that attends to different circumstances of each foreign citizen, the complexity of matter is very high.
Thus, at an institutional level, the Spanish immigration law regime is characterized by an excessive complexity and little flexibility in the requirements demanded, which sometimes, it results in ignorance of the correct procedure to choose; and therefore, many citizens who entered the country legally end up in an irregular administrative situation. Becoming irregular implies the inability to access many of the rights detailed in the aforementioned regulations. Therefore, accessing a home, a job, or the opening of bank accounts are activities that may not be allowed. Activities that are crucial in theeveryday of any person. Added to these difficulties, must be the average duration of immigration processes.
READ MORE: Spain: Immigrant Women And Their Struggle For Equal Rights In Spain
The act of initiating any process related to the regularization of your permits has as its first obstacle, the difficulty of obtaining an appointment. However, the administration offers the possibility of processing them electronically, although this does not end up being effective, since not all of them have electronic certificates and much less than the knowledge required to use them.
There is a lot of work to be done as regards the public administration in charge of this matter, in relation to the channels and deadlines for action.
A more flexible regulation was needed, which would facilitate the access of many migrants in irregular situation or not to access the labor market and consequently to be able to exercise all the rights that have been granted to them. And it was in this line that the reform of Royal Decree 55/2011 of April 20 was published last July 26, 2022.
READ MORE: Dreams Talks: The Work Before the Harvest — A Conversation with Nekesa Were
The requirements related to the hiring of foreigners, those related to family reunification, students and foreigners who have a stay authorization for higher studies, the possibility to work without prior authorization from the administration at the request of the employer. A new modality of rooting was created, which will allow young people to obtain a specific degree aimed at carrying out specific jobs. The reform has had a direct impact on the lives of many migrants, especially in the lives of foreign students who are doing their higher education.
The relaxation of many requirements in different types of residence, or the creation of a new rooted figure will undoubtedly improve the living conditions of many of them. This reform is a clear example of how well-structured regulations can influence the daily life of millions of people allowing them to exercise their rights and this is an effect that can be noticed in any law firm.
Dreams Hub and Ilende & Partners contributed to this article.
The views and opinions expressed in this article are those of the author’s and do not necessarily reflect those of Africanian News.
