Official State Gazette (BOE) published the reform this Wednesday immigration regulations Approved by the government in the Council of Ministers and opening the door to the labor market for thousands of immigrants. The changes, designed by Minister José Luis Escrivá, include the possibility for a student to combine their studies with a part-time job for the first time. It also expands the assumptions and reduces the requirements to prove their case. rootingTo consolidate the social, work or study, work and residence permit. It reinforces the powers of the Ministry of Social Security. Business Recruitment at source of profiles that the manager deems appropriate. These are the main keys to the new immigration regulations.
The regulation change will come into effect in the coming days. 16 August and the Government “ensures justice to quickly deal with the growing imbalances in the Spanish labor market in connection with labor shortages from the immigration area and fully respond to pre-existing situations that are not resolved by current regulations. Preservation of working conditions according to the BOE”.
education and work
The main innovation brought by the reform is, henceforth, foreign origin and Student able to gain access business arrangement. Until now, this was not possible and now anyone who is allowed to stay for education, training, non-work practice or voluntary service can be employed. According to Social Security calculations, there are currently about 50,000 people with a migrant background officially studying in Spain.
What kinds of works? It must be higher education, regulated training for employment, or training aimed at obtaining a certificate of professionalism or to obtain a certificate of technical ability or professional competence necessary for the exercise of a particular profession. And what kind of employment will they have access to? any kind, unless it’s bigger 30 hours a week and should be compatible with studies. In this sense, Social Security will not consider whether such profiles are missing, as determined periodically in Spain. Tripartite Immigration Working Commission.
And how long will the permit last? The new norm determines that the work permit will be valid while the works are in progress. The expiry of the stay permit will cause the work permit to expire. There is a possibility to extend the residence permit if one’s education requires it, which will give them the right to extend their work permit.
Escrivá justified the need for reform. reveal some irregular migration already living in Spain and having to somehow make a living to survive. Until now, the rule required foreigners to at least prove they had been in Spain. three years and had family ties or a report proving their involvement in Spanish society. But it also required a supply. at least one year contract. The problem is that without a previous work permit it was very difficult to make this second. The cycle of “no contract without paper and no paper without contract”.
The norm now allows a person of foreign origin to apply for temporary residence if they have legally worked 30 hours a week for at least six months during the previous two years. Or 15 hours a week for a year. This makes it easy for students in education to chain work permits after they finish their education. If they accept an employment contract of 30 hours per week (the maximum allowed by regulations) during their training and extend it for six months, they can already access their employment roots.
Fewer hurdles to renew permissions
One of the most common headaches among people with a migrant background so far, renovation of work permits. And there’s the risk of losing your job – as with any native Spaniard – and it’s not always easy to find another one right away. The problem so far was that in order to renew the work permit, which also stipulates the residence permit, the immigrant had to prove that he had a valid employment contract. This will no longer be necessary, you will only need to prove that you are under contract for at least a period of time. Three months -before six months- he said it had been in the past year and was registered with SEPE as an active job seeker. what will give you four-year renewalpreviously extended for the duration of the previous leave.
Incentives for cooperation with the inspection
Social Security wanted to expand incentives for migrant workers to cooperate with the government. labor inspection in the case of entrepreneurs engaged in fraudulent practices. If an employee wears six month if it is paid illegally by an employer, you can report it to the Inspectorate and this will entitle you to one year of legal work permit. This can also be used as a bridge to reinforce your residence permit in other ways.
More contracts at origin
The reform led by the Ministry of Social Security expands its mandate to intervene in the labor market. An innovation is now the Ministry of Economy, at the request of the Ministry of Social Security, the professions that it deems appropriate.hard coverage catalog“strengthens the possibilities for companies to travel to other countries to recruit professionals.
Time periods are also shortened for a company to justify that it cannot find a workforce in Spain and must go abroad. standard reduces 25 to 8 days An unfilled job offer must be submitted to SEPE. After these eight days, the employer must notify SEPE of the result of the selection of candidates applying to fill vacancies. And list the accepted and rejected candidates, as well as the reason for rejection. If the company thinks it’s not an optimal candidate and can justify it, it can go outsourcing.
The reform is also SEPE’s “plaintiffs’ certificate of incompetence“He had five days before, once the selection process is over and now he has to do it in three days.