The Minister of Inclusion, Social Security and Migration, José Luis Escrivá, this Thursday during the presentation "Next Generation EU, a mechanism against inequality" in Madrid.ZIPI (EFE)
The Minister of Migration, José Luis Escrivá, has assured this Thursday that migrants who arrive in Spain in an irregular situation take, "de facto", an average of seven and a half years to obtain a residence permit.
In a presentation on the Next Generation EU funds in El Escorial (Madrid), the minister emphasized this slow process that experts attribute mainly to the type of contract required of migrants and the delay of the authorities in the processing of permits.
Paco Solans, secretary-spokesman for Foreigners on the Net, explains that, according to the law, immigrants must present a contract that "is only valid if it lasts one year and is full-time."
“But Rajoy's reform in 2012 ″, he adds, “has already eliminated this type of labor agreement”.
"No company wants to make a contract like this," according to Solans.
The difficulty in finding this type of offer favors the appearance of favor contracts as the only way to present employment roots.
The expert points out that these agreements are aids between acquaintances so that the affected person can present a job offer that, although it is not executed later, allows him to advance in the procedure.
This requirement is also necessary for those who have been in Spain for three or more years and enables them to claim social roots, but it does not free them from having to obtain a job offer under these conditions.
In addition to this rigidity in the rule, the employment contract is subject to the person completing the procedure and obtaining the documentation, so the company must wait for the administration to approve the documentation provided.
This part opens the door to the second major obstacle in the way of regularization: the delays in resolving the files.
This procedure can take up to six months in the simplest cases and more than a year in the most complex.
"A labor settlement, which is very easy to prove because it is enough to present the required contract, takes half a year to resolve," explains Solans.
A social arraigo – the one granted to foreigners who have resided for a minimum of three years and are socially integrated – takes even longer because it requires “further verification”.
The spokesperson for Extranjeristas en Red points out that the tour, as a whole, is not designed to facilitate the process, but rather to delay it.
“Instead of having a mentality to manage rights and duties, the mentality is to prevent rights and duties.
Bad faith is presumed, fraud is presumed and administrative files are an obstacle course”.
The expert hopes that this summer a new regulation will be approved – so far in the draft phase – but that it contains changes in the conditions of the employment contract, and it would only be necessary for it to comply with the standard on the Minimum Interprofessional Salary (SMI) to be valid.