COUNTRY FACTSHEET: Spain 2015 - European Commission · Council of 15 May 2014 on the conditions of...

COUNTRY FACTSHEET: Spain 2015 EUROPEAN MIGRATION NETWORK

Migration

&

Home Affairs

1. Introduction

This EMN Country Factsheet provides a factual

overview of the main policy developments in migration

and international protection in Spain during 2015,

including latest statistics.

2. Common European Asylum System

During 2015, a number of institutional, legislative and

policy developments took place in Spain in the context

of the Common European Asylum System (CEAS).

In the institutional domain, an Inter-ministerial

Commission was set up on 29 September 2015 to

approach asylum and immigration issues from a global

perspective. The Inter-ministerial Commission reports

to the Government’s Vice-presidency and consists of

the following Ministries: Interior; Foreign Affairs and

International Cooperation; Employment and Social

Security; Health, Social Services and Equality;

Education, Culture and Sport; and Defence.

At the legislative level, Spain in Spain the recast

directives of Asylum Procedures Directive

(2013/32/EU) and Reception Conditions Directive

(2013/33/EU) are already transposed by the pre-

existing rules.

In the realm of policy, an Action Plan was launched

to speed up the registration of applications for

international protection and the performance of asylum

interviews. In parallel, an assessment was undertaken

of over 2,600 reception places to evaluate their

maintenance conditions, availability and proximity to

basic services. The personnel and budgetary resources

allocated to the implementation of asylum policy were

also significantly increased. These actions were carried

out in cooperation with the Autonomous Communities,

the municipalities, the social partners and non-

governmental organisations (NGOs).

Concerning developments in specific policy areas, on 4

November 2015 Spain adopted a National

Resettlement Programme whereby it was foreseen

to resettle 854 persons in 2016. As regards

relocation, Spain initially committed to relocate 9,323

persons from Italy and Greece, with the possibility of

increasing this number up to 15,888. In preparation, in

November-December Spain participated in a relocation

pilot project from Italy through which 18 asylum

seekers were transferred.

3. Unaccompanied Minors and other Vulnerable Groups In 2015 Spain continued to implement the

Framework Protocol on Unaccompanied Minors

(UAMs) adopted in 2014. The Protocol set the basis

for coordinating the actions of the various relevant

institutions and public administrations as regards

UAMs, including identification, age assessment,

documentation, and guardianship arrangements.

In addition, the legal framework for the protection of

childhood and adolescence was upgraded with the

adoption of Organic Law 8/2015 and Law 26/2015 of

28 July which specifically encompasses UAMs.1 Whilst

provisions regarding foreign minors (such as their right

to education, health, and social services irrespective of

their administrative status) were already part of the

Spanish migration law, their integration into the

general legal framework on the rights of the child has

resulted in a more comprehensive and integrated

approach towards the protection of children.

1 Ley Orgánica 8/2015, de 22 de julio, de modificación del sistema de protección a la infancia y a la adolescencia y la Ley 26/2015, de 28 de julio, de modificación del sistema de protección a la infancia y a la adolescencia.

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Furthermore, Law 26/2015 of 28 July includes some

specific provisions concerning unaccompanied minors,

such as the principle of the priority of the family of

origin; the right of minors cared by the authorities to

obtain the residence permit if return is not possible;

and the presumption of minority until the result of the

age testing

As for other vulnerable groups, Spain continued to

implement existing programmes to attend to the basic

needs and support the integration of persons in

situation of social vulnerability or at risk of social

exclusion.

4. European Policy on Legal migration and Integration

4.1. ECONOMIC MIGRATION

As regards highly qualified workers, as from July

2015 the big companies and small and medium

enterprises (SMEs) working in strategic sectors which

register with the Unit for Big Enterprises (Unidad de

Grandes Empresas y Colectivos Estratégicos – UGE)

within the Ministry of Employment can benefit from a

simplified procedure (‘ultrafast track’) when sponsoring

highly qualified foreign workers.

In 2015 Spain became the first EU Member State to

transpose the Intra-corporate Transferees

Directive (2014/66/EU)2 through an amendment to

the 2013 Entrepreneurship Bill.3 This amendment,

introduced through Law 25/2015 of 28 July,4

established two types of residence permits for intra-

corporate transferees: 1) a EU residence permit for

managers, specialists and trainees; and 2) a national

residence permit for other figures such as independent

professionals and contract service provider. Regarding

intra-EU mobility, third country nationals holding and

intra-corporate transferee EU residence permit issued

by another Member State may be transferred to Spain

through a notification made to the UGE regardless of

the duration of the transfer. Spain, consequently, has

opted for the more flexible schemes offered by the

Directive.

2 Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer, OJ L 157, 27.5.2014, pp. 1–22 3 Ley 14/2013, de 27 de septiembre, de apoyo a los emprendedores y su internacionalización. 4 Specifically by additional provision 11th of the Law 25/2015 (Ley 25/2015 de 28 de julio, de mecanismo de segunda oportunidad, reducción de la carga financiera y otras medidas de orden social).

Among other changes, the reform described above also

introduced the principle of ‘one-stop-shop’ and

simplified administrative procedures for foreign

investors wishing to undertake business activities in

Spain.

As regards student migration, an Inter-ministerial

Agreement to facilitate the arrival of foreign students,

professors and researchers was signed in November

2015. Within this framework, various information

activities were implemented to raise awareness among

the target group on admission conditions. Moreover,

the prolongation of the residence permit for study

purposes introduced by the amendments to the

Entrepreneurship Bill described above facilitates

changes of status.

Finally, in 2015 Spain continued hiring seasonal

workers mostly from Morocco to work in the

agricultural sector on the basis of the agreement

between both countries to regulate migration flows,

which is considered as a good practice in the area of

circular migration.

4.2. FAMILY REUNIFICATION

Law 25/2015 enlarged family reunification

possibilities for foreign investors, entrepreneurs,

highly qualified migrants, researchers and intra-

corporate transferees by including dependent children

and ascendants in the definition of family members.

In 2015 Spain also reformed the legal framework

applicable to family members of EU citizens5 by

providing that members of the ‘extended family’ who

fulfil the requisite conditions may receive the same

residence permit issued to family members of EU

citizens.

4.3. INTEGRATION

During the year 2015 Spain adopted the new

Operational Programme on Social Inclusion and Social

Economy (Programa Operativo de Inclusión Social y

Economía Social - POISES) co-financed by the

European Social Fund (ESF). Within this framework

Spain will invest €1,100 (€ 800 million granted by the

ESF) to foster the labour market integration of

socially excluded persons, among them migrants

foreigners, as well as to promote equality of treatment

and the fight against discrimination. Additional

employment-related programmes specifically targeted

to migrants continued to be implemented by NGOs,

also with support from the ESF.

5 By amending Royal Decree 240/2007 (Real Decreto 240/2007, de 16 de febrero, sobre entrada, libre circulación y residencia en España de ciudadanos de los Estados miembros de la Unión Europea y de otros Estados parte en el Acuerdo sobre el Espacio Económico Europeo).

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In addition, the procedure to acquire Spanish

nationality through residence was reformed through

Law 19/2015,6 which enshrined the relationship

between integration and naturalisation and further

specified the requirement of proving a sufficient

degree of integration into the Spanish society. This is

to be assessed through a test on the knowledge of the

Spanish language and common values.

Spain also adopted measures to foster educational

attainment by migrant children and prevent

segregation in schools by launching the development

of a Strategic Plan on Coexistence in Schools

founded, among others, on the pillars of inclusive

education, participation, learning and living in the

community, prevention of violence (including gender

violence) and use of information and communication

technologies. A website was launched with a view to

offer materials and resources which could be used by

the educational community to improve social

coexistence in schools.

4.4. MANAGING MIGRATION AND MOBILITY7

During 2015 Spain continued to rollout the Visa

Information System (VIS) in its consulates in third

countries in accordance with the schedule agreed at

the EU level. Spain also concluded agreements for

consular representation in specific third countries

with several EU Member States.

4.5. EXTERNAL DIMENSION OF EU MIGRATION POLICY

Spain has signed the Valetta Declaration of 11-12

November 20158 which emphasises that migration

management is a shared responsibility of the countries

of origin, transit and destination. Spain has also

contributed to the Emergency Trust Fund for Africa

with € 3 million.

As regards bilateral cooperation with priority third

countries, a High Level Meeting between Spain and

Morocco took place on 5 June 2015 in which the issue

of immigration and employment was discussed. In

addition, the First Forum Morocco-Spain on

Immigration and Integration was organised on 19-

20 November. As a follow up to the Forum, Spain and

Morocco agreed on the development of an action plan

setting a number of annual objectives in specific areas

of cooperation.

6 Ley 19/2015, de 13 de julio, de medidas de reforma administrativa en el ámbito de la Administración de Justicia y del Registro Civil. 7 “Managing migration and mobility” refers to the following themes: visa policy, Schengen governance and border monitoring. 8 Valletta summit on migration, 11-12 November 2015 - political declaration.

5. Irregular Migration and Return

In 2015 Automated Border Control (ABC) systems,

which were already present at the airports of Madrid,

Barcelona and Malaga, were also installed at the

airports of Girona, Alicante and Palma de Mallorca, as

well as at the Algeciras harbour and at the Border

Crossing Point (BCP) of La Línea de la Concepción (on

the Spanish-UK border at Gibraltar). In addition, the

coordination of all technological systems operating at

the BCPs was centralised in a National Cooperation

Centre in Madrid.

The Integrated System of Border Monitoring (SIVE)

was modernised and reinforced in 2015 through its

rollout to Malaga, Granada and Ceuta. The system was

also integrated with its Portuguese equivalent, the

SIVIC, with which information is exchanged through

the European External Border Surveillance System

(EUROSUR).

In the field of return, in July 2015 Spain signed a

bilateral protocol for the implementation of the EU

Readmission Agreement with Serbia.

6. Actions against Trafficking in Human

Beings

A number of important legislative developments took

place in 2015 in connection to the fight against

trafficking in human beings.

The reform of the Spanish Criminal Code adopted

through Organic Law 1/2015 (see section 4.4 above)

modified the criminal regime against the

trafficking in human beings by including, among

the acts constitutive of human trafficking, the

exchange or transfer of control over the persons

concerned; among the forms of criminal behaviour

associated to it, the handing over or reception of

payments or benefits to obtain the consent of the

person who control the victim; and, among its

purposes, exploitation to force victims to engage in

criminal activities on behalf of their traffickers as well

as the celebration of sham marriages.

In addition, Organic Law 8/2015 and Law 26/2015 on

the protection of childhood and adolescence (see

section 3 above) introduced improvements in the

protection of the children of trafficking victims.

Importantly, the recovery and reflection period for

irregularly staying third-country nationals who are

victims of trafficking was extended from 30 to a 90

days during which the victim can decide if he/she

wishes to cooperate with the authorities in the

investigation and, if applicable, in the ensuing criminal

proceedings.

4

Statistical Annex

The Statistical Annex provides an overview of the

latest available statistics for Spain on aspects of

migration and asylum (2012-2015), including

residence, asylum, unaccompanied minors, irregular

migration, return and visas. Where statistics are not

yet available, this is indicated in the Annex as “N/A”.

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Statistical Annex: Immigration and Asylum in Spain (2012-2015)

1. COMMON EUROPEAN ASYLUM SYSTEM

Figure 1: Asylum applications as a share of the total population in Spain, EU average and EU

high and low (2012-2015)

Source: Eurostat migration statistics (migr_asyappctza), data extracted 04/07/2016

Figure 2: Number of asylum applications and as a share of the total number of applications in the EU (2012-2015)


Table 1: Asylum applications: Top five third-country nationalities (2012–2015)

2012 2013 2014 2015

Nationality Nr % of total




Syria 255 10% Mali 1,470 33% Syria 1,510 27% Syria 5,725 39%

Nigeria 205 8% Syria 725 16% Ukraine 895 16% Ukraine 3,345 23%

Algeria 200 8% Algeria 350 8% Mali 595 11% Palestine 800 5%

Cameroon 120 5% Nigeria 180 4% Algeria 305 5% Algeria 675 5%

Cote d'Ivoire

105 4% Somalia, Palestine

130 3% Palestine 200 4% Venezuela 585 4%


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Figure 3: Asylum applications: Top five third-country nationalities as a share of EU total per given nationality (2015)

Source: Eurostat migration statistics (migr_asyappctza), data extracted 04/07/2016 Note: the figure reads as: Spain received 5,725 asylum applications from Syrians or 1.55% of all asylum applications lodged by Syrians in EU in 2015

Table 2: Asylum applications - First instance decisions by outcome (2012-2015)

Total

decisions

Positive

decisions

Of which: Humanitarian

reasons Negative

decisions Refugee

status

Subsidiary

protection

2012 2,595 525 230 285 10 2,070

2013 2,365 535 205 325 5 1,835

2014 3,620 1,585 385 1,200 0 2,035

2015 3,240 1,020 220 800 0 2,220

Source: Eurostat migration statistics (migr_asydcfsta), data extracted 04/07/2016

Figures 4-7: Asylum applications - First instance decisions by outcome (2012-2015)


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Figure 8: Negative decision rate for the top five nationalities of applicants at the first instance in comparison with EU for the same given nationality

(2015)


Figure 9: Third-country nationals resettled (2012-2015)

*the total number of 209 third-country national resettled in Span in the period 2012-2015

Source: Eurostat migration statistics (migr_asyresa), data extracted 04/07/2016

2. UNACCOMPANIED MINORS

Figure 10: Unaccompanied minors applying

for asylum (2012-2015) Table 3: Unaccompanied minors (2012-2015)

2012 2013 2014 2015

Unaccompanied

minors not applying

for asylum

3,594 2,841 3,661 3,341

Unaccompanied

minor asylum

applicants

15 10 15 25

Source: Eurostat Asylum applicants considered to be unaccompanied minors by citizenship, age and sex Annual data (rounded) [migr_asyunaa], data extracted 04/07/2016; EMN NCPs

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3. EUROPEAN POLICY ON LEGAL MIGRATION AND INTEGRATION

Figure 11: First residence permits, by reason (2012-2014)

Source: Eurostat (migr_resfirst), data extracted 04/07/2016; EMN NCPs

Table 4: First residence permits: Top five third-country nationalities (2012–2015)

2012 2013 2014 2015

Nationality Number Nationality Number Nationality Number Nationality Number

Morocco 42,121 Morocco 37,436 Morocco 36,362 Morocco 37,184

Bolivia 15,529

China (including

Hong Kong) 12,414

China (including

Hong Kong) 12,135

China (including

Hong Kong) 12,581

Colombia 12,851 Colombia 10,305 Colombia 9,313 Colombia 9,582

China (including

Hong Kong) 12,210 Bolivia 9,929

Dominican

Republic 8,283 United States 7,383

Dominican

Republic 10,569

Dominican

Republic 9,314 Bolivia 8,205 Bolivia 7,249

Source: Eurostat migration statistics (migr_resfirst), data extracted 04/07/2016

Figure 12: Resident population of third-country nationals as a share of total

population in Spain, EU average, EU high and low (2012-2015)

Source: Eurostat migration statistics (migr_pop1ctz), data extracted 04/07/2016

4. IRREGULAR MIGRATION AND RETURN

Table 5: Number of third-country nationals refused entry at external borders (2012–2015)

Third country nationals: 2012 2013 2014 2015

Refused entry at external borders 199,830 192,775 172,185 168,345

Found to be illegally present 52,485 46,195 47,885 42,605

Ordered to leave 60,880 32,915 42,150 33,495

Returned following an order to leave 18,865 17,285 15,150 13,315

Source: Eurostat migration statistics (migr_eirfs)(migr_eipre)(migr_eiord), data extracted 04/07/2016

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Table 6: Third-country nationals returned (2012-2015)

Returned as part of forced

return measures

Returned

voluntarily

Returned through an Assisted

Voluntary Return Programme

2012 18,863 NA 2,930

2013 17,286 NA 2,767

2014 12,289 NA 3,391

2015 10,960 NA 2,355

Source: EMN NCPs

5. SECURING EUROPE’S EXTERNAL BORDERS

Table 7: Number of Schengen visas applications (2012–2015)

2012 2013 2014 2015

Uniform visas (short-stay visas) 1,836,868 2,080,175 1,923,016 1,629,753

Source: DG Migration and Home – Complete statistics on short-stay visas issued by the Schengen States

Figure 13: Uniform visa applications received in Spain as a share of the total number of uniform visa applications in all Schengen states consulates (2012-2015)

Source: DG Migration and Home affairs – Complete statistics on short-stay visas issued by the Schengen States

Table 8: Top five countries in which the highest number of visa applications for Spain was lodged

2012 2013 2014 2015

Country Number Country Number Country Number Country Number

Russia 997,149 Russia 1,102,410 Russia 893,849 Russia 481,284

Morocco 139,134 Morocco 145,866 Morocco 155,690 Morocco 165,924

Algeria 96,213 Ukraine 105,956 Algeria 109,776 China 142,890

Ukraine 80,043 Algeria 100,865 China 94,616 Algeria 119,805

China 63,753 China 82,673 Colombia 80,904 Ukraine 82,289

Source: DG Migration and Home affairs

6. ASYLUM AND MIGRATION EU FUNDING SOURCES (2007-2013 AND 2014-2020)

Table 9: Asylum, Migration and Integration Fund (AMIF) allocation in euro per area

Areas AMIF 2014-2020 Asylum 69,549,339

Legal Migration and Integration 69,182,500

Return 103,229,434

Technical Assistance 15,140,603

Special cases (resettlement/transfer) 2,600,000

TOTAL 259,701,877


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Table 10: Internal Security Fund (ISF) allocation in euro per area

Areas ISF 2014-2020 ISF Borders 195,366,875

ISF SA Frontex 12,528,000

ISF SA Consular cooperation NA

ISF Borders Emergency Assistance NA

ISF Police 54,227,207

TOTAL 262,122,082


Table 11: SOLID funds allocation in euro and share of total funds allocated to Spain (2007-2013)

SOLID FUNDS 2007 2008 2009 2010 2011 2012 2013 TOTAL

European Refugee Fund (ERF)

NA 1,130,925

(1.5%) 1,557,827

(1.6%) 1,757,719

(1.9%) 1,872,234

(1.9%) 1,621,162

(1.5%) 1,584,966

(1.4%) 9,524,835

(1.6%)

European Return Fund (RF)

NA 4,758,825

(8.6%) 5,971,877

(9.7%) 9,070,986 (111.1%)

12,871,752

(11.8%)

18,786,416

(12.4%)

22,288,403

(12.7%)

73,748,259 (11.6%)

European Fund for the Integration of TCN (EIF)

8,555,657 (13.2%)

11,392,324

(14.7%)

807,830 (0.8%)

14,284,794

(12.9%)

17,815,509

(13.5%)

22,039,481

(13.5%)

23,542,717

(12.8%)

98,438,312 (11.9%)

External Borders Fund (EBF)

31,668,329

(21.9%)

29,934,747

(22.3%)

32,802,046

(20.7%)

40,099,178

(20.9%)

44,819,608

(18.9%)

48,154,233

(15%)

61,916,627

(14.6%)

289,394,768

(17.9%)


7. INSPECTIONS CARRIED OUT TO DETECT EMPLOYMENT OF IRREGULAR MIGRANTS

Table 12: Number of Inspections carried out to detect employment of irregular migrants and share of inspections as a percentage of the employers in sector (in %)

Risk sector

2014 2015

No. % No. %

Agriculture, forestry and fishing 2,093 4.45% 1,325 3%

Mining and quarrying NA NA 5

Manufacturing 1,456 1.54% 1,435 1.5%

Electricity, gas, steam and air conditioning supply NA NA 7 NA

Water supply; sewerage, waste management and remediation activities NA NA 32 1%

Construction 3,185 3.76% 2,477 2.7%

Wholesale and retail trade; repair of motor vehicles and motorcycles 6,278 2.78% 6,196 2.7%

Transportation and storage NA NA 497 1.4%

Accommodation and food service activities NA 6.98% 9,483 6.5%

Information and communication NA NA 365 2.7%

Financial and insurance activities NA NA 58 0.7%

Real estate activities NA NA 126 1.2%

Professional, scientific and technical activities NA NA 305 0.5%

Administrative and support service activities NA NA 802 3.7%

Public administration and defence; compulsory social security NA NA 114 NA

Education NA NA 281 1.6%

Human health and social work activities NA NA 209 0.8%

Arts, entertainment and recreation NA NA 426 3.8%

Other service activities NA NA 1,162 3%

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Risk sector

2014 2015

No. % No. %

Activities of households as employers; u0ndifferentiated goods- and services-

producing activities of households for own use NA NA 347 NA

Activities of extraterritorial organisations and bodies NA NA 11 0%


Table 13: Number of inspections in which irregular migrant workers were detected (I) and number of irregular migrant workers detected (IWD) – 2015

Risk sector

2014 2015

Number of

inspections in

which irregular

migrant workers

were detected

Number of

irregular migrant

workers detected

Number of

inspections in which

irregular migrant

workers were

detected

Number of

irregular migrant

workers detected

Agriculture, forestry and fishing 194 194 111 127

Mining and quarrying NA NA 1 1

Manufacturing 129 129 82 125

Water supply; sewerage, waste

management and remediation

activities

NA NA

3 4

Construction 204 204 167 177

Wholesale and retail trade;

repair of motor vehicles and

motorcycles

468 468 454 519

Transportation and storage NA NA 37 50

Accommodation and food

service activities

NA NA 753 944

Information and

communication

NA NA 51 52

Financial and insurance

activities

NA NA 7 7

Real estate activities NA NA 10 52

Professional, scientific and

technical activities

NA NA 9 9

Administrative and support

service activities

NA NA 57 101

Public administration and

defence; compulsory social

security

NA NA

11 12

Education NA NA 14 17

Human health and social work

activities

NA NA 17 19

Arts, entertainment and

recreation

NA NA 48 81

Other service activities NA NA 84 88

Activities of households as

employers; u0ndifferentiated

goods- and services-producing

activities of households for own

NA NA

103 105

12

Risk sector

2014 2015

Number of

inspections in

which irregular

migrant workers

were detected

Number of

irregular migrant

workers detected

Number of

inspections in which

irregular migrant

workers were

detected

Number of

irregular migrant

workers detected

use

Activities of extraterritorial

organisations and bodies

NA NA 2 2


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