Spain: Temporary residence and work of foreigners victims of trafficking in human beings.
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Temporary residence and work of foreigners victims of trafficking in human beings: It is a residence and work authorization due to exceptional circumstances that may be obtained by foreigners victims of trafficking in human beings.
Minor or disabled children who are in Spain at the time of identification may obtain residence, or residence and work authorization in the event of being over sixteen.
BASIC REGULATIONS
Organic Law 4/2000 of January 11 on the Rights and Freedoms of Foreigners in Spain and their Social Integration (Article 59 bis).
Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011, of April 20 (articles 140 to 146).
PROCESS
The police unit that has identified the foreigner as a victim of trafficking in human beings shall raise (ex officio, at the request of a party or by order of the Government Delegate or Sub-Delegate), within a maximum period of forty-eight hours, a proposal on the granting of period of restoration and reflection to the Delegation or Subdelegation of the Government of the province where the identification was made.
In the case of granting the restoration and reflection period, the resolution will include the duration of the period, the suspension of the sanctioning procedure, and will authorize the stay of the foreigner and, where appropriate, that of their children.
Delegate or Subdelegate of the Government may determine ex officio in response to his personal situation, or at the request of the authority with which the victim of trafficking in human beings is collaborating in the investigation of the crime or criminal procedure, the exemption of responsibility of the foreigner, by found irregularly in Spanish territory (art. 53.1.a of Organic Law 4/2000).
Once the exemption of responsibility has been determined, the Government Delegate or Sub-Delegate will inform the foreigner of the possibility of requesting residence and work authorization for him and, where appropriate, for his children, addressed to the Secretary of State for Security, or to the General Secretariat Immigration and Emigration, or both, depending on whether the motivation resides, respectively, in the victim’s collaboration in the investigation of the crime, in their personal situation, or in the two causes.
RESIDENCE AND WORK AUTHORIZATION
The foreigner may request personally or through a representative a residence and work authorization for exceptional circumstances for him and, where appropriate, for his children, before the Delegation or Subdelegation of the Government that determined the disclaimer.
The official model application (EX – 10), which can be obtained at http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/index.html, must be accompanied by a copy of the complete passport, travel document or current registration card and, where appropriate, the public document granting legal representation in favor of the natural person making the request.
Temporary residence authorization fee for exceptional circumstances: it will accrue at the time of admission to the application process, and must be paid within ten business days, it is:
Model 790 Code 052 section 3. “authorization of residence and work due to exceptional circumstances: to be paid abroad
The payment form can be downloaded from the Internet portal of the Secretary of State for Public Administration
The Delegation or Sub-Delegation shall transfer the request (s) to the competent Body (s) by attaching a report on the administrative and personal situation of the foreigner and on the meaning of the resolution.
The favorable report of the Delegation or Sub-Delegation will imply the granting of the provisional authorization of residence and work, which will be notified to the interested party and will imply the possibility of working as an employed person or self-employed person in any occupation, activity sector and territorial scope.
Within a month from the notification of the concession, the foreigner must personally request the Foreigner Identity Card, at the Aliens Office or Police Station of the province where the authorization has been processed. To see where to go, the schedule and if you have to make an appointment you can consult http://www.seap.minhap.gob.es/web/servicios/extranjeria/extranjeria_ddgg.html
The applicant will show his passport or travel document or registration card at the time of the fingerprint process to prove his identity and will provide:
Foreigner identity card application, in official form (EX – 17) available at http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/index.html
Proof of payment of the card fee.
Three recent color photographs, in white background, passport size.
The foreigner’s identity card will be renewable annually and until a resolution on the final authorization is issued.
The favorable resolution, where appropriate, of the definitive authorization of residence and work will have a validity of five years, will imply the possibility of working as an employed person and in any occupation, sector of activity and territorial scope and demands the need to process, In a month since the concession, a new Foreigner Identity Card.
The refusal resolution, where appropriate, of the final authorization, will result in the loss of validity of the provisional authorization.
ASSISTED RETURN
The foreigner may request for him and, where appropriate, for his children, the assisted return to his country of origin, at any time as long as reasonable grounds for his possible status as a victim of trafficking in human beings are appreciated, without prejudice to that the competent authorities in the framework of the investigation of a crime or criminal procedure, could determine its necessary permanence in Spanish territory.
The application can be submitted to any of the competent authorities in the procedure and addressed to the General Secretariat of Immigration and Emigration.
The assisted return will include the assessment, prior to departure, of risks and safety, transportation, as well as assistance at the point of departure, transit and destination.
*The content of this page is merely indicative. Only the provisions of the regulations in force at the time the application is submitted is applicable.
Last update: 01/2016
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