Immigration became part of the Spanish government's agenda in 1985, and from the mid-1990s it is a matter of vital importance.

With Spain's admission to the European Community scheduled for 1986, the country had to conform to EC legislation that restricted non-EC citizen immigration. In 1985, Spain's first law, the Ley de Extranjería, or the Law on the Rights and Freedoms of Foreigners in Spain, approached most immigration as temporary phenomenon, and focused primarily on control over migrants already in the country.

More

Immigration became part of the Spanish government's agenda in 1985, and from the mid-1990s it is a matter of vital importance.

With Spain's admission to the European Community scheduled for 1986, the country had to conform to EC legislation that restricted non-EC citizen immigration. In 1985, Spain's first law, the Ley de Extranjería, or the Law on the Rights and Freedoms of Foreigners in Spain, approached most immigration as temporary phenomenon, and focused primarily on control over migrants already in the country. While the 1985 legislation was more restrictive toward immigration and quite weak with regard to immigrant rights, a 1996 amendment to the 1985 law recognised immigration as a structural phenomenon and acknowledged that the foreigners had a set of subjective rights (access to education, equality, legal counsel, and an interpreter when dealing with authorities). It strengthened the power of the regional governments to protect the rights of immigrant minors and formally established a quota system for temporary workers. Finally, the amendment established a permanent resident category and formally included family reunification within its framework. A special regularisation procedure on grounds of family reunification took place in 1994.

In January 1998, supported by three political parties, the Law on the Rights and Freedoms of Foreigners in Spain and their Integration (Law 4/2000) was passed and entered into force on January 12, 2000. This law is notable for the broad political consensus that backed it, for its clear focus on integration and the political and social rights extended to non-EU foreigners, and for its recognition of the permanent dimension of immigration. This law was amended by the Law 8/2000 which took force in mid-2001, which set forth a reform agenda for issuing work and residency permits and visas and, in aligning itself with common European policy on immigration and asylum, addressed access and control measures, reflected an effort to ensure integration of legal immigrants and limit unauthorised immigration, and paved the way for the signing of co-operation agreements with the main sending countries to manage inflows from the point of origin.

The Law 8/2000 was the starting point for the emergence of the Global Programme to Regulate and Coordinate Foreign Residents' Affairs and Immigration in Spain. In addition to regularization programs, and paralleling Spain's work permit system, the country has experimented with a labor quota system to respond to short and long-term shortages in the labor market. Since 2002 the government is required to establish annual quotas for foreign workers.

In 2001 was initiated a multiyear initiative, the Plan Greco which is expected to run until 2004. Situated within the remit of the Interior Ministry, and specifically, the Immigration Department, the Plan Greco is designed to address four key areas:

1. Global, co-ordinated design of immigration as a desirable phenomenon for Spain, as a member of the European Union;

2. Integration of foreign residents and their families as active contributors to the growth of Spain;

3. Admission regulation to ensure peaceful coexistence within Spanish society, and

4. Management of the shelter scheme for refugees and displaced persons.

The Plan Greco is based on the territorial organisation of the Spanish state, and its political and administrative decentralisation, and it acknowledges the vital role that regional governments will play in integrating the immigrant population.

Asylum Seekers

Refugee status in Spain is ruled by the Law on the Right to Asylum and Refugee Status, passed in March of 1984, and amended in 1994. Once an asylum application is filed, asylum seekers have the right to interpreters, legal counsel and medical assistance. Applicants can stay in Spain for up to sixty days while their application is pending. Favourable rulings guaranteed the right to social, health and education welfare and work permit. Those who are denied asylum must leave Spain, usually within sixty days.

Analysis provided by: Antonella C. Attardo PhD (History of Law), Italy.

Hide