COUNTRY FACTSHEET: Spain 2015

Transcription

1 COUNTRY FACTSHEET: Spain 2015 EUROPEAN MIGRATION NETWORK 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 preexisting 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 nongovernmental 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 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 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. Migration & Home Affairs

2 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 intracorporate 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, , pp 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 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 FAMILY REUNIFICATION Law 25/2015 enlarged family reunification possibilities for foreign investors, entrepreneurs, highly qualified migrants, researchers and intracorporate 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 citizens 5 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 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). 2

3 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 MAGING MIGRATION AND MOBILITY 7 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 EXTERL DIMENSION OF EU MIGRATION POLICY Spain has signed the Valetta Declaration of November 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 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, November 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. 3

4 Statistical Annex The Statistical Annex provides an overview of the latest available statistics for Spain on aspects of migration and asylum ( ), 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. 4

5 Statistical Annex: Immigration and Asylum in Spain ( ) 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 ( ) Source: Eurostat migration statistics (migr_asyappctza), data extracted 04/07/2016 Figure 2: asylum applications and as a share of the total number of applications in the EU ( ) Source: Eurostat migration statistics (migr_asyappctza), data extracted 04/07/2016 Table 1: Asylum applications: Top five third-country nationalities ( ) Nationality Nr % of total Nationality Nr % of total Nationality Nr % of total Nationality Syria % Mali 1,470 33% Syria 1,510 27% Syria 5,725 39% Nigeria 205 8% Syria % Ukraine % Ukraine 3,345 23% Algeria 200 8% Algeria 350 8% Mali % Palestine 800 5% Cameroon 120 5% Nigeria 180 4% Algeria 305 5% Algeria 675 5% Cote Somalia, 105 4% 130 3% Palestine 200 4% Venezuela 585 4% d'ivoire Palestine Source: Eurostat migration statistics (migr_asyappctza), data extracted 04/07/2016 Nr % of total 5

6 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 ( ) Total decisions Positive decisions Refugee status Of which: Subsidiary protection Humanitarian reasons Negative decisions , , , , ,620 1, , , ,240 1, ,220 Source: Eurostat migration statistics (migr_asydcfsta), data extracted 04/07/2016 Figures 4-7: Asylum applications - First instance decisions by outcome ( ) Source: Eurostat migration statistics (migr_asydcfsta), data extracted 04/07/2016 6

7 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) Source: Eurostat migration statistics (migr_asydcfsta), data extracted 04/07/2016 Figure 9: Third-country nationals resettled ( ) *the total number of 209 third-country national resettled in Span in the period Source: Eurostat migration statistics (migr_asyresa), data extracted 04/07/ UCCOMPANIED MINORS Figure 10: Unaccompanied minors applying for asylum ( ) Table 3: Unaccompanied minors ( ) Unaccompanied minors not applying for asylum 3,594 2,841 3,661 3,341 Unaccompanied minor asylum applicants 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 7

8 3. EUROPEAN POLICY ON LEGAL MIGRATION AND INTEGRATION Figure 11: First residence permits, by reason ( ) Source: Eurostat (migr_resfirst), data extracted 04/07/2016; EMN NCPs Table 4: First residence permits: Top five third-country nationalities ( ) 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 ( ) Source: Eurostat migration statistics (migr_pop1ctz), data extracted 04/07/ IRREGULAR MIGRATION AND RETURN Table 5: third-country nationals refused entry at external borders ( ) Third country nationals: Refused entry at external borders 199, , , ,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 8

9 Table 6: Third-country nationals returned ( ) Returned as part of forced return measures Returned voluntarily Returned through an Assisted Voluntary Return Programme ,863 2, ,286 2, ,289 3, ,960 2,355 Source: EMN NCPs 5. SECURING EUROPE S EXTERL BORDERS Table 7: Schengen visas applications ( ) 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 ( ) 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 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 ( AND ) Table 9: Asylum, Migration and Integration Fund (AMIF) allocation in euro per area Areas AMIF 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 Source: DG Migration and Home affairs 9

10 Table 10: Internal Security Fund (ISF) allocation in euro per area Areas ISF ISF Borders 195,366,875 ISF SA Frontex 12,528,000 ISF SA Consular cooperation ISF Borders Emergency Assistance ISF Police 54,227,207 TOTAL 262,122,082 Source: DG Migration and Home affairs Table 11: SOLID funds allocation in euro and share of total funds allocated to Spain ( ) SOLID FUNDS TOTAL European Refugee Fund (ERF) 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) European Fund for the Integration of TCN (EIF) 8,555,657 (13.2%) 4,758,825 (8.6%) 11,392,32 4 (14.7%) 5,971,877 (9.7%) 807,830 (0.8%) 9,070,986 (111.1%) 14,284,79 4 (12.9%) 12,871,75 2 (11.8%) 17,815,50 9 (13.5%) 18,786,41 6 (12.4%) 22,039,48 1 (13.5%) 22,288,40 3 (12.7%) 23,542,71 7 (12.8%) 73,748,259 (11.6%) 98,438,312 (11.9%) External Borders Fund (EBF) 31,668,32 9 (21.9%) Source: DG Migration and Home affairs 29,934,74 7 (22.3%) 32,802,04 6 (20.7%) 40,099,17 8 (20.9%) 44,819,60 8 (18.9%) 48,154,23 3 (15%) 61,916,62 7 (14.6%) 289,394,76 8 (17.9%) 7. INSPECTIONS CARRIED OUT TO DETECT EMPLOYMENT OF IRREGULAR MIGRANTS Table 12: Inspections carried out to detect employment of irregular migrants and share of inspections as a percentage of the employers in sector (in %) Risk sector No. % No. % Agriculture, forestry and fishing 2, % 1,325 3% Mining and quarrying 5 Manufacturing 1, % 1, % Electricity, gas, steam and air conditioning supply 7 Water supply; sewerage, waste management and remediation activities 32 1% Construction 3, % 2, % Wholesale and retail trade; repair of motor vehicles and motorcycles 6, % 6, % Transportation and storage % Accommodation and food service activities 6.98% 9, % Information and communication % Financial and insurance activities % Real estate activities % Professional, scientific and technical activities % Administrative and support service activities % Public administration and defence; compulsory social security 114 Education % Human health and social work activities % Arts, entertainment and recreation % Other service activities 1,162 3% 10

11 Risk sector Activities of households as employers; u0ndifferentiated goods- and servicesproducing activities of households for own use No. % No. % 347 Source: DG Migration and Home affairs Activities of extraterritorial organisations and bodies 11 0% Table 13: inspections in which irregular migrant workers were detected (I) and number of irregular migrant workers detected (IWD) Risk sector inspections in which irregular irregular migrant workers detected inspections in which irregular migrant irregular migrant workers detected migrant workers workers were were detected detected Agriculture, forestry and fishing Mining and quarrying 1 1 Manufacturing Water supply; sewerage, waste management and remediation 3 4 activities Construction Wholesale and retail trade; repair of motor vehicles and motorcycles Transportation and storage Accommodation and food service activities Information and communication Financial and insurance activities 7 7 Real estate activities Professional, scientific and technical activities 9 9 Administrative and support service activities Public administration and defence; compulsory social security Education Human health and social work activities Arts, entertainment and recreation Other service activities Activities of households as employers; u0ndifferentiated goods- and services-producing activities of households for own 11

12 Risk sector inspections in which irregular irregular migrant workers detected inspections in which irregular migrant irregular migrant workers detected migrant workers workers were were detected detected use Activities of extraterritorial organisations and bodies 2 2 Source: DG Migration and Home affairs 12