ANNUAL REPORT ON MIGRATION AND INTERNATIONAL PROTECTION STATISTICS

Transcription

1 ANNUAL REPORT ON MIGRATION AND INTERNATIONAL PROTECTION STATISTICS SPAIN 2009 MINISTERIO DE ASUNTOS EXTERIORES Y DE COOPERACIÓN MINISTERIO DE JUSTICIA MINISTERIO DEL INTERIOR MINISTERIO DE EMPLEO Y SEGURIDAD SOCIAL N.I.P.O.:

2 The (EMN) is an initiative of the European Commission. The EMN has been established via Council Decision 2008/381/EC and is financially supported by the European Union. Its objective is to meet the information needs of EU institutions and of Member States authorities and institutions by providing up-to-date, objective, reliable and comparable information on migration and asylum, with a view to supporting policymaking in the European Union in these areas. The EMN also serves to provide the general public with such information. To that end, the EMN has a network of National Contact Points (NCPs). In Spain, the NCP is composed of experts from four ministries (Ministry of Employment and Social Security, Ministry of the Interior, Ministry of Foreign Affairs and Cooperation and Ministry of Justice) and the General Prosecutor s Office. It is coordinated by the Permanent Observatory for Immigration, a collegial body attached to the Ministry of Employment and Social Security. The NCP also collaborates with independent experts for the elaboration of EMN studies and reports. Contact Permanent Observatory for Immigration (Co-ordinator of the National Contact Point for the ) José Abascal, Madrid opi@meyss.es This document is available from:

3 Annual Report on Migration and International Protection Statistics Spain 2009 This National Report provides analysis of the statistical data on migration and asylum for Spain in the context of legal and policy developments. Reference period: 1st January 2009 to 31st December 2009 This Report has been developed by the Spanish EMN National Contact Point in the. December 2012

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5 INDEX 1. Introduction Methodology Chapter 3. Legal Immigration and Integration International Migration, Usually Resident Population and Acquisition of Citizenship Definitions International Migration Usually resident population Acquisition of citizenship Residence Permits Definitions Differences in approach between the Regulation and the national legislation Equivalence between the categories of the Regulation and national legislation Chapters 4 and 5. Illegal Immigration and Return and Border Control Definitions Differences between the terminology of the Regulation and national legislation Chapter 6. International Protection Definitions Legal Inmigration and Integration International Migration, Usually Resident Population and Acquisition of Citizenship International migration flows Immigration Emigration

6 Usually resident population Population by citizenship Population by country of birth Adquisition of citizenship Residence permits and residence of third-country nationals First permits Changes in permit reasons Total valid permits Permanent and long-term residence permits Apprehensions and returns Apprehensions Returns Border Control Refusals Relationship between refusals, apprehensions and returns International protection Applications for International Protection Total applications for international protection Applications pending at the end of Withdrawal of applications Decisions on International Protection First instance decisions Appeals and second instance decisions Dublin Transfers Incoming request Outgoing request Asylum applicants considered to be Unaccompanied Minors

7 7. Other data and information available Applicants for stateless status Apprehended illegal boats Table Index Graphs Index Annex 1. Human Development Index

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9 1 Introduction The 2009 Annual Report on Migration and International Protection Statistics describes the most relevant statistical data on international migration and international protection in Spain in 2009, highlighting recent trends and the main differences with respect to the previous year. It is a continuation of the series of reports begun in This report is based on statistics harmonised at the European level by Regulation (EC) N 862/2007 1, used for the first time in the 2008 report. The use of common definitions is a step forward in the harmonisation of statistics, as it improves comparability between Member States. However, it throws up the problem of breaking continuity with previous time periods. The consequences for Spain of the entry into force of the Regulation are detailed in the Methodology chapter. Through its analysis of official statistics, 2 this report follows the structure of the European Pact on Immigration and Asylum: it consists of seven chapters, the content of which is given below. After this chapter and the one on Methodology, Chapter 3, Legal Immigration and Integration, deals first with international migration to Spain (immigration) and from Spain (emigration), the resident population and acquisition of Spanish citizenship, while the second section presents residence permits issued for first-time residence, the changes in the grounds for their issue and the stock of valid permits at the end of the period, including long-term residence permits. Chapter 4, Illegal Immigration and Return, consists 1 Regulation (EC) N 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection. 2 The data required in the Regulation are submitted by the national producers of statistics to Eurostat (Statistical Office of the European Commission). 9

10 of two sections: the first presents the statistical results on apprehensions of illegally staying third-country nationals, and the second, expulsion orders issued and the expulsions enforced. Chapter 5, Border Control, refers to refused entry to third-country nationals, with a section listing refusals, apprehensions and returns. Chapter 6 deals with international protection in Spain: applicants for protection, decisions granting or refusing protection, the results of applying the Dublin Convention, and the special case of applications from unaccompanied minors. Lastly, Chapter 7 includes national data not covered in the Regulation on applications for stateless status and apprehended boats. The Annex of tables, which was used as the basis for drafting this report, contains a selection of the complete statistics published by Eurostat. 2 Methodology As noted above, this report presents an analysis, according to the structure of the European Pact on Immigration and Asylum, of the published data submitted to Eurostat by the Member States in compliance with Regulation (EC) Nº 862/2007. The data in Chapters 4, 5 and 6 were rounded by Eurostat prior to publication. This is particularly the case of the Spanish data in Chapter 6, International Protection, where, given that the figures are relatively low, the effect of rounding the breakdowns by nationality and age group somewhat skews the original data in cells with low values. For example, if the real value is 3, 8 or 16, it is rounded to 5, 10 or 15. In order to provide context for the data in the report, the data for 2009 are compared where possible to the previous year. Likewise, to provide a general overview and to describe the trend of recent years, each chapter begins with data on changes with respect to recent years. The information on previous years was obtained from Eurostat and, where this was unavailable, the official national statistics provided by the competent agencies in that field were used. This report also used data from the Annual Report on Asylum and Migration Statistics for Spain The study population of the report is generally third-country nationals, except in the case of data on the resident population (Chapter 3), which refer to the total population of 3 Annual Report on Asylum and Migration Statistics for Spain 2008, Madrid, Ministry of Labour and Immigration. Available at: Politicas_Inmigracion_Asilo/ 10

11 each Member State. Nonetheless, given the significant weight of EU citizens in Spain, in the tables of the Annex in which this was considered relevant, mention has been made of the top five countries of the EU, in addition to the top ten third countries. In some chapters, third countries are classified according to their development levels, as high development, medium development or low development. This classification is based on the Human Development Index (HDI) calculated by the United Nations (UN) under the UN Development Programme (UNDP). This is a composite index incorporating statistics for life expectancy, literacy, educational attainment and GDP per capita. The list of countries by level of development is included in Annex 1. A brief description of the specific methodology used in each of the four main chapters of the report is given below Chapter 3. Legal Immigration and Integration International Migration, Usually Resident Population and Acquisition of Citizenship Definitions Usual residence: the place where a person normally spends the daily period of rest, regardless of temporary absences for purposes of recreation, holidays, visits to friends and relatives, business, medical treatment or religious pilgrimage or, in default, the place of legal or registered residence. Immigration: the action by which a person establishes his or her usual residence in the territory of a Member State for a period that is, or is expected to be, of at least 12 months, having previously been usually resident in another Member State or a third country. Emigration: the action by which a person, having previously been usually resident in the territory of a Member State, ceases to have his or her usual residence in that Member State for a period that is, or is expected to be, of at least 12 months. Citizenship: the particular legal bond between an individual and his or her State, acquired by birth or naturalisation, whether by declaration, choice, marriage or other means according to national legislation. 11

12 Country of birth: the country of residence (according to current borders, if the information is available) of the mother at the time of the birth or, in default, the country (in its current borders, if the information is available) in which the birth took place. Immigrant: a person undertaking immigration. Emigrant: a person undertaking emigration International Migration The data in this report relating to migratory flows come from the Residential Variation Statistics (RVS) of the Spanish National Statistics Institute (INE). The RVS is prepared by the INE using information relating to the entries and deletions due to change of residence recorded in the Municipal Registers 4. The purpose of these Registers is to provide information on the annual domestic migratory flows and part of the foreign migratory flows. The former occur between different Spanish municipalities, while the latter are movements to or from abroad. The information is broken down by gender, age group, place of birth, citizenship, size of the municipality of destination, and place of origin and destination of the movement. Furthermore, international migrations are classified according to the country of origin or destination. Since 2004, the RVS also include registrations by omission and deletions of unduly registered foreign nationals, respectively considered to be immigration from abroad in which the country of origin is not indicated, and emigration abroad in which the country of destination is unknown. Removal from the Municipal Register may occur automatically even if the foreign national does not request removal, if the Municipal Authority considers it to be a removal based on an undue registration. Since 2006, there has been a requirement that third country nationals without a permanent residence permit must renew their registration at the Municipal Register every two years; otherwise their record will be deleted by the Municipal Authorities as the registration will have expired. 5 It should be borne in mind that the annual migratory flows refer to migrations, and not to individual migrants. Nevertheless, although there is a possibility that a person may have entered and departed on more than one occasion, the difference this may make to the number of migrations and the number of migrants is not considered significant. 4 An administrative register listing all the individuals who are habitually resident in the municipality. 5 This measure has been in force since the reform of Law 7/1985 regulating the bases of the local government system through Organic Law 14/2003, of 20 November 2003, amending the Spanish Aliens Act. 12

13 The data on international migration, covered in Article 3 of the Regulation, are submitted to Eurostat by the National Statistics Institute, which is the agency responsible for compiling these statistics across Spain Usually resident population The reference date of the data on the resident population is 1 January The data on the total population by sex, age, year of birth and citizenship (Spanish or foreign-born) since 2002 are taken from the Current Population Estimates. They are broken down into countries of citizenship using a proportional distribution based on the population entered in the Municipal Population Register on that same reference date. The Current Population Estimates are a statistical summary of all demographic information available at any given time: population censuses; births and deaths recorded in the Vital Statistics of the Population, and immigration and emigration observed in the most recent changes in the Municipal Population Registers. They are regarded as the closest possible approximation to the actual number of residents in Spain at any given time and are thus currently used by the INE as the statistical population of reference in all household surveys, in the National Accounts and to calculate a wide range of indicators. They are also used internationally for all purposes as the population figures for Spain. The methodology used for their calculation is based on the components method, adapted to produce results at any given moment for interim dates in the year. The procedure of the method is as follows: based on the resident population of a certain geographical area, the estimated fertility behaviour and mortality over the year and the migration flows in each month of that year, calculated using the latest available information, we obtain the resident population on subsequent dates in each area considered. The members of the population, by province, sex, year of birth and age, taken from the Population Census and referring to 1 January 2002, formed the base population. For each new estimation period, the base population to which the method is applied consists of the population members by province, sex, year of birth and age in the Current Population Estimate for 1 January of the current year. The data on habitual resident population, covered in Article 3 of the Regulation, are submitted to Eurostat by the National Statistics Institute, which is the agency responsible for compiling these statistics across Spain. 13

14 Acquisition of citizenship The Spanish Civil Code (articles 17 to 26) establishes who Spanish nationals of origin are, and who can acquire Spanish citizenship. The Civil Code is a set of legal rules approved by the State. Sub-national bodies do not have any powers in relation to citizenship. There are different ways of accessing Spanish citizenship. Some of these are automatic (attribution by law, without the interested party having to intervene), while others are not (the interested party must intervene). People born of a Spanish father or mother are Spanish at birth (attribution), as are people born in Spain of foreign parents, if one parent was born in Spain, or if they are stateless, or if the laws of the countries of both parents do not attribute a nationality to the child, of if their parentage cannot be determined. There are four ways of acquiring Spanish citizenship: by adoption (Art. 19 of the Civil Code), by choice (Art. 20 of the Civil Code), by letter of naturalisation (Art. 21 of the Civil Code), or by residence (Art. 22 of the Civil Code). Naturalisation based on residence means that, once a person has resided in Spain for the period laid down by the Civil Code, she or he may apply for Spanish citizenship. It is the most common, non-automatic way of acquiring Spanish citizenship, and it has been used by hundreds of thousands of immigrants in recent years. Residency must be legal and continuous, and it must immediately precede the application. Generally speaking, the residency period is for ten years, but shorter periods have been set: Five years: for anyone with refugee status. Two years: for nationals of Latin American countries, Portugal, Andorra, the Philippines or Equatorial Guinea, or Sephardic Jews 6. One year: where the applicant was born in Spanish territory; where the applicant did not exercise the right to choose in time; where the applicant has been legally subject to guardianship, custody or care by a Spanish citizen or institution for two consecutive years; where the applicant was married for at least one year to, or is the widow(er) of a Spanish national; where the applicant was born outside of Spain to a father, mother, grandfather or grandmother who were originally Spanish. 6 Sephardic Jews are the descendants of Jews expelled from Spain in the fifteenth century. 14

15 Should Spanish citizenship be acquired on the basis of residence, applicants must renounce their previous citizenship, except where the nationality is that of a Latin American country, Portugal, Andorra, the Philippines or Equatorial Guinea. When nationality is granted, this must be registered in the Civil Register. Furthermore, since , the grounds for acquiring Spanish nationality by choice based on origin have been expanded. From that date, anyone whose father or mother was originally Spanish and the grandchildren of those who lost or had to renounce their Spanish citizenship as a result of exile may also acquire Spanish citizenship in this way. The data in this report relate to cases where Spanish citizenship was granted on the basis of residence over the reference year, as administered by the General Directorate for Register and Notaries (Ministry of Justice). The granting of citizenship by the Ministry of Justice is recorded in the statistics prior to its entry in the Civil Register, which is the last formal step in the acquisition of Spanish citizenship. The data on the acquisition of Spanish citizenship, covered in Article 3 of the Regulation, are prepared by the General Directorate for Registries and Notaries (Ministry of Justice) and submitted to Eurostat by the National Statistics Institute Residence Permits The data presented in this chapter use two time references: residence permits granted over the year and the stock of valid permits at the end of the period, i.e. 31 December. Article 6 of the Regulation applies to third-country nationals in the strict sense. Citizens of Iceland, Liechtenstein, Norway and Switzerland are considered third-country nationals and hence included in this chapter even though they have the right to free movement. The data referred to in Article 6 of the Regulation are submitted to Eurostat by the Permanent Observatory for Immigration (Ministry of Labour and Immigration), which is the responsible unit for compiling these statistics at national level. The statistics are compiled from the Central Register of Foreign Nationals (Registro Central de Extranjeros, RCE), a database managed by the Directorate General for Police and Civil Guard (Ministry of the Interior) in collaboration with the Ministry of the Presidency (through Immigration Offices). 7 The 7th Additional Provision of Law 52/2007, of 26 of December 2007, acknowledged and extended the rights of, and introduced measures to help those who suffered persecution or violence during the Spanish Civil War and the Dictatorship (Official State Gazette of 27 December 2007). 15

16 Definitions Third-country national: any person who is not a citizen of the Union within the meaning of Article 17 (1) of the Treaty establishing the European Community, including stateless persons. First-time residence permit: a Member State issues a residence permit to a person for the first time when that person has not previously been granted any other residence permit or if a permit was granted previously and at least six months have passed since its expiry. Only permits for a period of not less than three months are considered. Permit granted for change in reason: residence permits issued over the period that meet the following conditions: i) the person has previously been granted a permit, ii) the time elapsed since the expiry of the previous permit and the start date of the validity of the new permit is less than six months, iii) the new permit falls into a different main category or reason (family, studies, work, other reasons) to the previous permit. If the new permit is granted for the same reason as the previous one, it is considered a renewal. Renewals are not within the scope of the Regulation, so this report does not provide information on this category. Long-term resident - EU: long-term resident as defined by Article 2.b) of the long term Directive 8 : any national of a third country who has long-term resident status as provided for under Articles 4 to 7 [Articles 4 to 7 establish, inter alia, requirements regarding the length of residence (generally five years) and conditions for obtaining the status (sufficient funds and health insurance)]. National permanent or long-term resident: permanent resident under Spanish immigration law. 9 This is the situation whereby individuals can reside indefinitely in Spain and work under the same conditions as Spanish nationals. Persons who have resided temporarily for five consecutive years are entitled to permanent residence. It is also granted to foreign nationals who prove that they fall into any of the categories specified in paragraph 3 of Article 72 of the Regulations of the Aliens Act Council Directive 2003/109/EC of 25 November 2003 concerning to the status of third-country nationals who are long-term residents. 9 Organic Law 4/2000, on the rights and freedoms of foreigners in Spain and their social integration, as amended by Organic Laws 8/2000 of 22 December, 11/2003 of 29 September, 14/2003 of 20 November and 2/2009 of 11 December 10 Regulation of Organic Law 4/2000, of 11 January 2000, on the rights and freedoms of foreigners in Spain and their social integration, approved by Royal Decree 2393/

17 Reason for permit issued: main category for wich the permit is issued. This study distiguishes among the following reasons: Family reasons, which covers two subgroups: Residence permits issued to third-country nationals who are relatives of third-country nationals. This is the legal concept of family reunification regulated by Directive 2003/86/EC. It also includes permits granted to relatives of third-country nationals with residence permits for research and study purposes. Residence permits issued to third-country nationals who are relatives of Spanish citizens or other EU citizens. This is the concept of free movement of EU citizens and their families regulated by Directive 2004/38/EC. Study, which covers: Students (Article 2 (b) of Directive 2004/114/EC): third-country nationals accepted by an establishment of higher education and admitted to the territory of a Member State to pursue as their main activity a full-time course of study leading to a higher education qualification recognised by the Member State, including diplomas, certificates or doctoral degrees, in an establishment of higher education. Other study-related grounds: any other permit granted for educational purposes and not included in the previous category. Includes the concepts of «student», «unremunerated trainee» and «volunteer» of Directive 2004/114/EC 11. Economic activities: Highly qualified workers, according to figure 2.1 showing the equivalence of the main reasons for issuing residence permits according to Spanish legislation on foreign nationals and Regulation 862/2007. Researchers: a third-country national holding an appropriate higher education qualification, which gives access to doctoral programmes, who is selected by a research organisation for carrying out a research project for which the above qualification is normally required (Directive 2005/71/EC). 12 Seasonal workers, according to table 2.1 cited above. 11 Directive 2004/114/EC of 13 December 2004, on the conditions of admission of third country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service. 12 Council Directive 2005/71/EC, of 12 October 2005, on a specific procedure for admitting third-country nationals for the purposes of scientific research. 17

18 Other remunerated activities: includes all other work and residence permits not included in the above categories. For example, employees who are not highly qualified or researchers, self-employed workers, workers with a temporary residence permit for reasons of roots with an associated work permit 13, remunerated trainees, etc. Other reasons: International Protection: permits issued to persons with a form of protection status: refugee status, subsidiary protection, temporary protection or protection for humanitarian reasons. It does not include asylum seekers. Residence only: issued to persons who will not be carrying out economic activities. Other: includes permits issued for reasons other than those contained in the other categories Differences in approach between the Regulation and the national legislation The methodological change introduced by the Regulation has had a significant impact on residence permit data. Thus, in this chapter, we should point out the disruption to time series, which must be taken into account when interpreting results and comparing those obtained before and after the entry into force of the Regulation. Permits issued for the first time versus Initial permits The approach taken by Eurostat in considering a residence permit to have been issued for the first time is based on the length of time that must have elapsed (at least six months) since the last permit was issued to a person or on the fact that it is the first time that a permit is issued to the person in his/her lifetime. There is also a limit to the duration of the permits, with any of less than three months being disregarded. Nonetheless, Spanish legislation classifies permits as initial, renewals and permanent. In general, the transition between these permit types depends on the length of legal residence of the foreign national in Spain, although there are exceptions to this rule. For example, it is possible for a foreign national to obtain an initial residence permit and work permit after being issued an initial family reunification permit. 13 In 2008 data on temporary residence permits for reasons of roots with an associated work permit were included in the subgroup Other reasons. 18

19 Thus, although convergence between the two criteria is high, there are cases in which a permit that would be classified by the Regulation as «issued for the first time» is considered a renewal under Spanish legislation. Similarly, an «initial» permit under our legislation may not be deemed «issued for the first time» by the Regulation; this is the case of initial work permits issued after being issued an initial residence-only permit. EU long-term permits vs National long-term permits Spanish legislation provides for two long-term statutes: EU status (according to the Long- Term Directive) and national status, or permanent residence. The main difference between the two is that national status does not require health insurance covering all risks normally covered for nationals. The late transposition of the Directive in Spain, combined with the coexistence of the two statutes, means that EU long-term permits are relatively scarce in Spain. Therefore, so as not to lose information on national status, which affects nearly one million third-country nationals, this chapter of the report describes the data for both types. Nationals of Iceland, Liechtenstein, Norway and Switzerland In Spain, EFTA-country nationals are subject to the Community immigration system, which is regulated by Royal Decree 240/2007, of 16 February 2007, on the entry, free movement and residence in Spain of citizens of the Member States of the European Union and of other States party to the agreement on the European Economic Area. Thus, these citizens have the right to enter, leave, move and reside freely in Spanish territory. They are also entitled to take up any activity (whether employed or self-employed), provide services and study under the same conditions as Spanish nationals. Given that residence and work permits are not required for economic activities, nor residence permits for study purposes, the available information on the main activity of these citizens is minimal. Therefore, for the purposes of the Regulation, the citizens of these four nationalities are included in the «Other» subcategory of the «Other reasons» category Equivalence between the categories of the Regulation and national legislation There now follows a summary of the equivalencies in the main reasons for issuing residence permits under Spanish law on foreign nationals and the EU Regulation. 19

20 Box 2.1. Equivalences between the main reasons to grant residence permits according to the Spanish law on foreign nationals and Regulation 862/2007 UE legal base: Regulation (CE) N o 862/2007 National legal base: Regulation of the Aliens Law approved by Royal Decree 2393/2004 Family Joining an EU citizen: Total Joining a non-eu citizen: Spouse/Partner Joining a non-eu citizen: Children Joining a non-eu citizen: Other Community regime: third country nationals who are family members of: EU citizens and citizens of other EEA Member States (Iceland, Liechtenstein, Norway) and Switzerland. Temporary residence permit for family reunification: spouse. Authorisation of stay for education and research: family member. Temporary residence permit for family members of highly qualified employees and scientist researchers according to Cabinet Agreement on February, 16th, Temporary residence permit for family reunification: children. Authorisation of stay for education and research: family member. Temporary residence permit for family reunification: direct relative in ascending line. Temporary residence permit for family reunification: children under process of adoption and children whose sponsor is their legal guardian. Education Education Authorisation of stay for education and research: student. Remunerated activities Temporary residence and work permit for highly skilled intra-corporate transferees and workers who are going to occupy a position of trust. Highly skilled workers Temporary residence and fixed-term work permit for certain groups: senior management, sportmen, artists and others. Temporary residence permit with the exception of the work permit for foreign civil and military servants; media correpondents; artists; religious ministers; representatives of trade unions and employers organizations. Researchers Seasonal workers Temporary residence and work permit for highly skilled workers according to Cabinet Agreement on February, 16th, Temporary residence permit with the exception of the work permit for scientists and researchers. Temporary residence and work permit for scientists and researchers according to Cabinet Agreement on February, 16th, Temporary residence and fixed-term work permit: seasonal work; contracts limited to a specific project. Temporary residence and work permit for the temporary Contingent procedure: nominative and generic job offers. 20

21 Box 2.1. Equivalences between the main reasons to grant residence permits according to the Spanish law on foreign nationals and Regulation 862/2007 (cont.) UE legal base: Regulation (CE) N o 862/2007 National legal base: Regulation of the Aliens Law approved by Royal Decree 2393/2004 Other temporary residence and work permits as employee, self-employed, combination of both activities; intra-corporate transferees; fixed-term activities. Other temporary residence permits with the exception of the work permit. Other Temporary residence permit on grounds of exceptional circumstances for social, employment and family roots with the right to work. Temporary residence permit independent of that of the sponsor with the right to work. Temporary residence and work permit for the stable Contingent procedure: nominative and generic job offers. Temporary residence and work permit managed through the Large Companies Unit. Other reasons International protection Temporary residence permit on grounds of exceptional circumstances: internationational protection; displaced persons; refugees family member; humanitarian reasons (victim of a crime, illness suffered after the entrance in the country, risk for their safety or their family s). Refugee status. Long-term residence permit for the child born in Spain to a long-term residence permit holder. Long-term residence permit for the reunified family member. Temporary residence permit. Residence only Temporary residence permit for a child born in Spain to a legal resident. Other Temporary residence permit for a child, born outside of Spain, to a Spanish citizen or a legal resident or under guardianship. Temporary residence permit for unaccompanied minor. Temporary residence permit independent of that of the sponsor. Other long-term residence permits. Community regime: citizens of Iceland, Liechtenstein, Norway and Switzerland. Temporary residence permit on grounds of exceptional circumstances: social, employment and family roots; public interest; co-operation with public authorities or law enforcement authorities; national security; minors under guardianship who didn t obtain their residence permit when they reached their majority. 21

22 2.2. Chapters 4 and 5. Illegal Immigration and Return and Border Control The data in Articles 5 and 7 of the Regulation are provided for Eurostat by the Central Statistical Service of the General Commissariat for Alien Affairs and Borders (Comisaría General de Extranjería y Fronteras, CGEF) of the Ministry of the Interior, which is the unit responsible for collecting data and submitting it to the different government agencies. The peripheral units (provincial border and immigration squads and border posts) report data to the Central Statistical Service of the CGEF on a monthly basis Definitions External borders: as defined in Article 2 (2) of the Schengen Borders Code 14 : the Member States land borders, including river and lake borders, sea borders and their airports, river ports, sea ports and lake ports, provided that they are not internal borderst 15. Entry (refusal of): In the EU context, refusal of entry of a third-country national at the external EU border because they do not fulfil all the entry conditions laid down in Article 5 (1), of Regulation (EC) No 562/2006 and do not belong to the categories of persons referred to in Article 5 (4) of that Regulation. Third-country nationals found to be illegally present: A third-country national who is officially found to be on the territory of a Member State and who does not fulfil, or no longer fulfils, or no longer fulfils, the conditions for stay or residence in that Member State Differences between the terminology of the Regulation and national legislation This report uses the term «expulsion» to mean the obligation of a foreign national to leave Spain following an administrative order to leave, as set down in the Return Directive. However, in Spanish legal terminology 16 the concept of «return» does not match the 14 Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code). 15 Internal borders: (a) the common land borders, including river and lake borders, of the Member States; (b) the airports of the Member States for internal flights; (c) sea, river and lake ports of the Member States for regular ferry connections. 16 Under Spanish immigration law, the general category of «repatriation» includes the concepts of denegación de entrada (refusal of entry: individuals rejected at border crossings per se); devolución (persons who attemp to enter the country throughcrossing points not designed for this purpose); readmisión (persons who are expelled from Spain under readmission agreements with third countries); and expulsión (returnees on the grounds specified in the Aliens Act on foreign nationals through administrative proceedings arising from their staying in Spain illegally). 22

23 sense of «expulsion» used in this section of the report; rather, it is equivalent to «border rejection». Chapters 4 and 5 cover three scenarios (refusal of entry, apprehensions, and expulsion orders and returns), which correspond to various concepts included in Spanish immigration law under the generic category of repatriations. The Refusal of entry section contains data on rejections occurring at all of the country s borders, including those of the autonomous cities of Ceuta and Melilla. It includes the following concepts in national legislation: rechazo (rejections at border crossings per se) and devoluciones (rejections at border points not designed for this purpose). The Apprehensions section contains data on the number of third-country nationals found to be illegally present under the Aliens Act in force and on those who have violated an order prohibiting their entry and who have been found in Spanish territory. The concepts of expulsión under national law (persons returned through administrative proceedings as a result of an illegal stay) and readmisiones (cases of foreign nationals expelled under third-country readmission agreements) correspond to the enforcement of return under the Regulation Chapter 6. International Protection Spain, in fulfilment of its obligations as a member of the various international instruments for the defence of human rights, has an international protection system implemented by the General Directorate for Internal Affairs, which reports to the Subsecretariat of the Ministry of the Interior. Its specific competences include: the determination of the right to asylum, the legal status of refugees, displaced persons and stateless persons, and subsidiary protection. The Asylum and Refuge Office is a specialist unit responsible for asylum-related investigation. It is headed by the Deputy-Director General for Asylum and reports to the General Directorate for Internal Affairs. The Inter-Ministerial Commission for Asylum and Refuge (Comisión Interministerial de Asilo y Refugio, CIAR) is provided for in Article 6 of the Asylum Act (Article 23.2 of the new Law 12/2009) and is made up of representatives from the Ministries of Justice, Labour and Immigration, Foreign Affairs and Co-operation, and the Interior. It is chaired by the Director General of Internal Affairs. The United Nations High Commissioner for Refugees (UNHCR) is called to all of its sessions. The Commission s basic task is to study applications for asylum that have been deemed admissible and to formulate the relevant 23

24 draft resolution to the Minister of the Interior, which, in case of disagreement, shall bring the case before the Council of Ministers. The asylum procedure is an administrative procedure designed to identify asylum seekers in need of international protection: Refugees under the definition of the Geneva Convention of 1951, who are granted asylum. Individuals who do not qualify as refugees under the requirements of the Geneva Convention but in respect of whom substantial grounds have been shown for believing that if returned to their country of origin, they would face a real risk to their life or freedom (subsidiary protection). The procedure is the same for both types of international protection: it first examines whether the person qualifies as a refugee and, if this is not the case, then determines whether he or she is in a situation deserving of subsidiary protection. If the individual is not in a situation deserving of international protection, an asylum seeker may be allowed to remain in Spain on humanitarian grounds. Section 6.3, Application of the Dublin Convention, was incorporated for the first time in the Annual Report on migration and asylum statistics in The data referring to Article 4 of the Regulation are submitted to Eurostat by the Asylum and Refuge Office (Ministry of the Interior), which is the agency responsible for compiling these statistics at national level Definitions Asylum: a form of protection given by a State in its territory based on the principle of non-refoulement and internationally or nationally recognised refugee rights. It is granted to a person who is unable to seek protection in his/her country of citizenship and/or residence in particular for fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group. International Protection: in the context of the European Union, this means the recognition by a Member State of a third-country national or stateless person as a refugee or person entitled to subsidiary protection. Refugee: according to the Geneva Convention, a person who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or 24

25 membership of a particular social group, is outside the country of nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country. A stateless person, who, being outside of the country of former habitual residence for the same reasons given above, is unable or, owing to such fear, unwilling to return to it, is also considered to be a refugee. Refugee status: as defined in Article 2 (d) of Directive 2004/83/EC: recognition by a Member State of a third country national or a stateless person as a refugee. Subsidiary protection status: as defined in Article 2 (f) of Directive 2004/83/EC: recognition by a Member State of a third country national or a stateless person as a person eligible for subsidiary protection status. Temporary Protection: as defined in Article 2 (a) of Directive 2001/55/EC 17 : a procedure of exceptional character to provide, in the event of a mass influx or imminent mass influx of displaced persons from third countries who are unable to return to their country of origin, immediate and temporary protection to such persons. This procedure is used especially if there is a risk that the asylum system will be unable to process this influx without adverse effects for its efficient operation, in the interests of the persons affected and the other persons requesting protection. Application for international protection: as defined in Article 2 (g) of Directive 2004/83/ EC 18 : a request made by a third country national or a stateless person for protection from a Member State, who can be understood to seek refugee status or subsidiary protection status, and who does not explicitly request another kind of protection, outside the scope of Directive 2008/83/EC, that can be applied for separately. Applicant for international protection: person who has submitted an application for international protection, together with the family members included in this application. Unaccompanied minor: as defined in Article 2 (i) of Directive 2004/83/EC: A third-country national or stateless person below the age of eighteen, who arrives on the territory of the Member States unaccompanied by an adult responsible for them whether by law or custom. It also refers to minors who are left unaccompanied after they have entered the territory of the Member States. 17 Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof. 18 Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted. 25

26 Unaccompanied minor asylum seeker: applicant for international protection considered an unaccompanied minor by the competent national authority. Applicant who has withdrawn an application for international protection: person who has asked for his or her application for international protection to be withdrawn. Application for international protection rejected in the first instance: person referred to by a first-instance decision rejecting his/her application for international protection. This includes decisions considering applications as inadmissible, unfavourable decisions by the Inter-Ministerial Commission for Asylum and Refuge, and unfavourable decisions due to application of the Dublin Convention. Application for international protection rejected in any instance: person referred to by a final decision issued in relation to an administrative or legal appeal, rejecting the application for international protection. Granting of asylum in Spain and recognition of refugee status in the first instance: person referred to by a decision signed by the Minister of the Interior at the proposal of the Inter-Ministerial Commission for Asylum and Refuge (CIAR) granting the right of asylum in Spain. Granting of subsidiary protection (humanitarian grounds) in the first instance: person referred to by a first-instance decision granting subsidiary protection under the provisions of Article 17.2 of Law 5/1984, of 26 March 1984, governing the right to asylum and refugee status. Granting of asylum in Spain and recognition of refugee status in any instance: person referred to by a final decision issued in relation to an administrative or legal appeal, granting the right to asylum in Spain. Granting of subsidiary protection in any instance: person referred to by a final decision issued in relation to an administrative or legal appeal, granting subsidiary protection. Stateless: person who is not considered a national by any State under the operation of its law. Dublin Convention: convention for determining the Member State responsible for examining applications for asylum presented in Member States of the European Union, plus Iceland, Norway and Switzerland. Eurodac: computer system designed for the collection, transmission and comparison of fingerprints to determine the Member State responsible, under the Dublin Convention, for examining asylum applications in Member States. 26

27 Procedures for determining refugee status: legal and administrative procedures implemented by the UNHCR or by Member States to determine whether a person must be granted refugee status under national or international law. Taking charge, request: fixed period (six months) in which the Member State, to which an application for asylum has been submitted, may require the State deemed responsible for examining the application to take charge of it. 3 Legal immigration and integration This chapter is divided into two parts: first it presents data on migratory flows, resident population and acquisition of nationality, and then the figures for residence permits International Migration, Usually Resident Population and Acquisition of Citizenship This section consists of three sub-sections: international migratory flows to and from Spain, the stock of national and foreign resident population, and finally, the acquisition of citizenship by the foreign population. In migratory flows, a substantial drop (31.3%) can be seen in the arrival of immigrants in Spain, which began in 2008 (in which period there was a decrease of 24.2% from the previous year). In emigration, in 2009 the upward trend continued with an increase of 31.5% from The net migratory flow in 2009 was 175,336 persons, 61.8% lower than 2008, when the trend changed (with a 37.1% fall) from the continuous increase in net migration that had been seen for more than a decade. As a consequence of the above, the growth of the resident population was very moderate in 2009, standing at 0.2% (a significant change from the maximum levels reached in previous years, which amply exceeded the threshold of 20% growth in the foreign population resident in Spain). In naturalisations, there was also a decrease of 5.4% from 2008 (in which year there was the greatest number of naturalisations of the entire series studied). All these data indicate a change in the migratory cycle in Spain. The main factor explaining these variations in migratory flows is the global economic crisis, which has led to a 27

28 sharp increase in unemployment, markedly so in the immigrant population (according to data from the Economically Active Population Survey, EPA, the unemployment rate among the foreign population reached 29.7% in the forth quarter of 2009, while it was 16.8% among the national population). Thus, the differential in the unemployment rate of the immigrant and national populations grew from 8.7 percentage points in the Q to 12.9 in Q These figures highlight the clear impact of the economic crisis on the immigrant population, as the most affected sectors are those where most foreign citizens work (construction and services), and this population is also more vulnerable and affected by employment cuts, mainly due to their lower seniority and a higher proportion of temporary contracts. As a consequence of this, the link between migration and the jobs market can clearly be seen, leading to a decrease in work-related immigration, while emigration of foreign and national citizens begins to rise (thus net migration, although positive, is the lowest of the entire period analysed). Evident examples of this can be found in the marked drop in the number of jobs contained in the National Shortage Occupation List 19, compiled each quarter by the National Public Employment Service (from 488 occupations included in Q to 98 in Q4 2009) and in the number of applications to hire foreigners in their country of origin: while in 2007 there were 250,000, in 2008 they fell to 180,000 and in 2009 there were only 15, To end this introduction, we should refer briefly to regulatory developments in these three spheres (the reader may consult the Annual Policy Report on Migration and Asylum, Spain 2009, by the for further information). This period was characterised by extensive legislative activity regarding immigration, with a major reform of Organic Law 4/2000, of 11 December, on the Rights and Freedoms of Foreigners in Spain and their Social Integration. The new law (approved by Organic Law 2/2009, of 11 December) is intended to modernise the legislation to adapt to the reality of a country which in the last 15 years has seen an increase of four million in its foreign population. It also took the opportunity to transpose nine European Union directives. This reform was based on the principles of order and legality, combating illegal immigration, equal rights and obligations, integration and respect for basic standards of coexistence. Significantly, two Royal Decrees were also approved, modifying the legal framework relating to foreign citizens: 19 The National Shortage Occupation List, published each quarter, allows employers to apply for residence and work permits for foreign workers abroad when the unfilled posts they need to be covered involve jobs included in the Catalogue. 20 For more information, see the Annual Policy Report on Immigration and Asylum, Spain 2009, on the website of the. 28

29 Royal Decree 1161/2009, of 10 July, modifying Royal Decree 240/2007, of 16 February 2007, on the entry, free movement and residence in Spain of citizens of the Member States of the European Union and of other States party to the agreement on the European Economic Area. Royal Decree 1162/2009, of 10 July, modifying the rulings of Organic Law 4/2000, of 11 January 2000, on the rights and freedoms of foreigners in Spain and their social integration, approved by Royal Decree 2393/2004, of 30 December. Notably, the 2008 Return Plan 21 received 8,724 applications from unemployed persons, and 1,581 of their family members. 22 Another 4,022 returnees can be added for 2009, thanks to the Humanitarian Return Plan of the State Secretariat for Immigration and Emigration International migration flows Immigration is the fundamental element leading demographic change in the EU. In 2009, net immigration to the EU was 857,000 persons, i.e., 62.7% of total population growth (on 1 January 2010 the population of Europe was over 501 million, an increase of 1,366,000 from the previous year). As noted in the introduction, in 2009 there was a marked decline in net migration flow in Spain: 175,336 people (a figure notably lower than the 459,549 recorded in 2008, a fall of 61.8%). It should be emphasised that this balance is the lowest in the period studied ( ) 23 and that for the second consecutive year since 2003, net migration underwent a negative annual variation (in 2008 this reduction was 37.1%). Thus, there were 21.4% more emigrants in 2009 (323,641 vs. 266,460), while immigrants decreased by 31.2% (498,977 vs ). These figures clearly show a change in the accelerated growth cycle of migration flows recorded in the first years of the decade. In 21 Voluntary Return Plan (approved by Royal Decree-Law 4/2008, of 19 September, on the cumulative advance payment of unemployment benefit for non-eu foreign workers returning voluntarily to their countries of origin) intended to ensure, with full guarantees, the return of undemployed immigrants from non-eu countries with which Spain has signed bilateral Social Security agreements. 22 For more information, see the press release available on the website of the State Secretariat of Immigration and Emigration: 23 It is important to take into consideration that there was a qualitative leap in 2003, with the subsequent break in the series of external immigration figures when they began to include municipal registrations of foreigners whose previous country of residence did not appear. More information at daco/daco42/migracion/notaevr.htm 29

30 other words, net migration remained positive, with more people arriving than leaving, but grew more slowly than in previous years. Table 3.1. Immigration, emigration and net migration, Number % annual Immigration Emigration Net migration Immigration Emigration Net migration ,266 64, , % 75.7% 36.1% ,561 55, , % 14.3% 3.5% ,284 68, , % 23.4% 3.5% , , , % 109.2% 7.3% , , , % 59.6% 4.7% , , , % 17.3% 37.2% , , , % 21.5% 61.8% Fuente: : Estadística de Variaciones Residenciales (Instituto Nacional de Estadística); : Eurostat. Graph 3.1. Immigration, emigration and net migration, Thousands Immigration Emigration Net Migration Source: : Residential Variation Statistics (National Statistics Institute); : Eurostat. A more detailed view of these flows can be obtained by taking into consideration nationality of migrants (Spanish/foreign-born) and their countries of birth (native-born/ immigrants) (Table 3.2). 30

31 With regard to immigration, we can see that the fall in 2009 was mainly due to the behaviour of the foreign-born population ( 48.3%), although the number of immigrants of Spanish nationality also fell, both those born in Spain (returning emigrants, down by 7.4%) and those born in another country ( 21.7%). The only rise in immigration, 5.2% (a slight increase, compared to the 37.1% increase the previous year) was amongst Spanish-born foreigners (probably children of foreign immigrants who had previously left the country and returned in 2009). Analysing the annual change rates, we see that immigration amongst people born outside Spain was positive, although increasingly less so, through to 2007, with a sharp drop in 2008 ( 25.1%), which was even greater in 2009 ( 48.3%). With respect to emigration, there was an increase in 2009 among three of the four population groups analysed. The biggest increase from 2008, both in absolute values (279,772 emigrants) and in relative terms (19.6%) was among foreigners born outside Spain. Meanwhile, Spaniards born in Spain were the only group where there were fewer emigrants than the previous year (a slight decrease of 1.3%). Even so, it should be pointed out that 25,532 Spanish-born Spaniards emigrated in 2009 (more than double the number of native Spaniards emigrating in 2004, which was less than 11,000). Table 3.2. Immigration and emigration of Spaniards and foreigners according to migrant s country of birth, Immigration Emigration Foreigners Spaniards Foreigners Spaniards Born in Spain Born in other country Born in Spain Born in other country Born in Spain Born in other country Born in Spain Born in other country , ,617 19,934 18,783 1,261 40,675 10,980 2, , ,985 18,468 18,105 1,200 47,521 15,910 3, , ,158 18,936 18,937 3, ,878 17,895 4, , ,583 18,997 18,735 5, ,164 22,517 5, , ,441 17,044 16,737 7, ,910 25,863 8, , ,181 15,877 13,748 8, ,772 25,532 9,840 Source: : Residential Variation Statistics (National Statistics Institute); : Eurostat. 31

32 Graph 3.2. Immigration and emigration of Spaniards and foreigners according to place of birth, Thousands Spanish emigrants born in another country Spanish emigrants born in Spain Foreing emigrants born in Spain Foreing emigrants born in another countrya Spanish immigrants born in another country Spanish immigrants born in Spain Foreing immigrants born in Spain Foreing immigrants born in another country Source: : Residential Variation Statistic (National Statistics Institute); : Eurostat. Graph 3.3. Net migration of Spaniards and foreigners, Net Migration of Foreigners Net Migration of Spaniards Source: : Residential Variation Statistic (National Statistics Institute); : Eurostat

33 Immigration The entry of immigrants into Spain fell sharply in 2009 (down by 31.2% compared to 2008). This decline, which began in 2008 (in which year there was a fall of 24.2%) is largely due to the global economic crisis, although migrations can have many different causes. The situation of the Spanish labour market, where the unemployment rate among the immigrant population rose to 29.7% in Q according to EPA data, has had a marked impact on the selection of the country of destination of migrants. Even so, despite the above, 498,977 people entered Spain from other countries in 2009, and as noted above, net migration continues to be positive. Their sex and age profiles are analysed below, first by nationality and then by country of birth. a) Immigration flows by nationality Citizenship Of the 498,977 immigrants who entered Spain in 2009 (Table 3.3), 29,635 (5.9%) had Spanish citizenship, 144,867 (29.0%) were nationals of another EU-27 member state, and 324,475 (65.0%) held the nationality of a third country: of these, 2,262 (0.45%) were from EFTA countries, 889 (0.18%) from the three countries that were EU candidates at the time (Croatia, Macedonia and Turkey) and 321,324 (64.4%) were from other third countries (a total of 83,192, i.e., 16.7%, from countries classified as highly developed, 223,593 or 44.8% from medium developed countries and 14,539 or 2.9% from less-developed countries, according to the United Nations Human Development Index classification). The most numerous nationalities of third countries were Morocco (with 61,766 immigrants, 12.4% of total immigrants), Colombia (25,558, 5.1% of the total) and China, with 18,622 immigrants (3.7% of the total), rising from sixth to third place. Next, Ecuador (18,212) fell from third to fourth place, Peru (down from fourth to fifth), Brazil, Paraguay, the Dominican Republic, Pakistan (which appears for the first time among the top ten countries, while Argentina disappears) and Bolivia (all these in a range from 16,304 Peruvians to 9,484 Bolivians and a relative weight of 3.6% to 1.9% of total immigration to Spain in 2009). These ten nationalities accounted for 39.9% of the total number of people who entered Spain to live in 2009, and 61.3% of third-country nationals. The most numerous immigrants who arrived with the citizenship of an EU-27 member state were 52,440 nationals of Romania (10.5% of immigrants in 2009), 19,212 from 33

34 the United Kingdom (3.8%), 13,627 Italians, 10,384 Germans (rising from sixth to fourth place), and 9,739 Portuguese (falling to fifth place with 42.2% fewer immigrants than in 2008). It is also notable that Bulgaria fell from fifth to sixth place with 26.0% fewer immigrants than the previous year. In terms of immigration by continent of nationality, in 2009 there was a greater relative weight of arrivals from Europe (from 31.3% to 38.7%), although they did not reach the percentages of previous years which were over 40% (except 2003 and 2008). There was a decrease in the relative weight of immigrants from the Americas compared to the previous year, from 38.2% to 31.2% in 2009, and to a lesser degree, from Africa (from 21.2% to 19.9%). Finally, the percentages from Asia remained constant from 2008, with a slight increase to 9.6% from 9.2% the year before (Table 3.4). In terms of the most numerous nationalities from third countries (Table 3.5), there was an overall drop in immigrants of all nationalities in The most notable changes were in the number of nationals of Ecuador (with 18,212 arrivals in 2009, a 51.7% decrease with 19,540 fewer immigrants than in 2008), Peru (with 16,304 arrivals, a decrease of 14,814 immigrants, a 47.6% reduction) and Brazil (with 14,400 arrivals, meaning 12,916 fewer immigrants than in 2008, a reduction of 47.2%). The other most numerous nationalities present decreases of more than 30%: Colombia (25,558 arrivals) and the Dominican Republic (10,840) with a 38.9% decrease (16,608 and 6,922 fewer immigrants, respectively), Morocco (61,766) and Paraguay (13,397) also have sharp drops of 34.0% and 35.0% (31,857 and 7,235 fewer immigrants), Bolivia (with 9,484 arrivals, 4,636 fewer, a decrease of 32.8%), and China (with 18,622 arrivals, a fall of 31.4% with 8,540 fewer immigrants). The smallest decrease is in nationals of Pakistan (with 10,606 arrivals, a 20.8% decrease, 2,787 fewer than in 2008). Compared to 2008, Morocco and Colombia remain in the first two places, while notably, China rises to 3rd place from 6th. Ecuador falls to fourth place in 2009, while Peru and Brazil also drop one position, to 5th and 6th respectively. Paraguay (7th), the Dominican Republic (8th) and Bolivia (10th) remain in the same positions as in The ninth is held by a new country, Pakistan, which with 10,606 arrivals ousts Argentina with 9,240 (falling from 9th to 11th). 34

35 Table 3.3. Immigration by country of citizenship, age group and sex, 2009 Total Age Sex Females Males Total 498, , , ,615 18, , ,881 Nationals 29,635 8,281 7,378 10,096 3,880 14,670 14,965 Non nationals but citizens of other EU-27 countries Citizens of countries outside the EU ,867 24,664 60,431 51,287 8,485 71,673 73, ,475 79, ,058 85,232 6, , ,722 EFTA (CH, IS, LI, NO) 2, , ,150 1,112 Candidate countries (HR, MK, TR) from 2007 Citizenship other than of EU-27. EFTA and Candidate countries Highly developed non-eu countries Medium developed countries ,324 79, ,030 84,026 6, , ,128 83,192 20,778 36,178 23,499 2,737 46,178 37, ,593 54, ,434 58,133 3, , ,335 Less developed countries 14,539 3,689 8,418 2, ,760 10,779 Other Unknown Top 10 Citizenship (third countries) 1. Morocco 61,766 15,973 30,822 14, ,580 34, Colombia 25,558 8,095 10,063 6, ,865 11, China 18,622 4,879 8,231 5, ,122 9, Ecuador 18,212 7,990 6,167 3, ,061 9, Peru 16,304 4,356 6,543 4, ,081 7, Brazil 14,400 3,234 7,777 3, ,060 5, Paraguay 13,397 2,103 8,017 3, ,551 3, Dominican Republic 10,840 4,074 4,166 2, ,080 4, Pakistan 10,606 1,856 5,567 3, ,673 8, Bolivia 9,484 2,016 4,613 2, ,192 4,292 Top 5 Citizenship (other EU-27) 1. Romania 52,440 11,916 25,004 14, ,863 24, United Kingdom 19,212 2,474 3,355 10,487 2,896 9,211 10, Italy 13,627 1,421 7,601 3, ,032 7, Germany 10,384 1,179 3,198 4,363 1,644 5,299 5, Portugal 9,739 1,338 4,271 3, ,467 6,272 Source: Eurostat. 35

36 Table 3.4. Immigration of foreigners by continent of citizenship, Foreign country Total Others EU-27 Europe Others EU-25 Others EU-15 Non-EU European countries Africa America Asia Oceania , % : : 16.7% 20.4% 14.1% 44.0% 4.8% 0.0% , % : 19.3% 17.2% 23.5% 17.2% 33.2% 6.8% 0.1% , % : 19.2% 17.1% 22.3% 17.7% 33.8% 6.9% 0.1% , % : 18.8% 15.9% 22.5% 14.5% 38.7% 5.3% 0.1% , % 42.3% 17.4% 14.6% 3.0% 14.2% 34.7% 5.8% 0.1% , % 27.9% 15.7% 13.8% 3.4% 21.2% 38.2% 9.2% 0.1% , % 29.0% 16.6% 14.6% 3.7% 19.9% 31.6% 9.6% 0.1% Fuente: Eurostat. Table 3.5. Immigration by country of citizenship. Top 10 citizenship from third countries, Total 531,331 Total 498,899 Total 324,475 Morocco 84,978 Morocco 93,623 Morocco 61,766 Bolivia 51,797 Colombia 42,166 Colombia 25,558 Colombia 41,725 Ecuador 37,752 China 18,622 Brazil 36,134 Peru 31,118 Ecuador 18,212 Ecuador 30,162 Brazil 27,316 Peru 16,304 Peru 27,372 China 27,162 Brazil 14,400 Paraguay 23,989 Paraguay 20,632 Paraguay 13,397 Argentina 21,462 Dominican Republic 17,762 Dominican Republic 10,840 China 20,394 Argentina 17,146 Pakistan 10,606 Dominican Republic 18,068 Bolivia 14,120 Bolivia 9,484 Other 175,250 Other 170,102 Other 125,286 Fuente: Eurostat. Age In terms of age group, the immigrant population in 2009 was clearly led by the 20 to 34 age group (220,867 immigrants, a relative weight of 44.3%), followed by 35 to 64 (146,615, 29.4%) and under 20 (112,628 and 22.6%). The over 65s were insignificant in number (18,867, 3.8%). 36

37 Immigrants of Spanish nationality had the most polarised age profiles: 13.1% were over 64 while 27.9% were under 20. These figures suggest the entry of family groups comprising people of different generations. Citizens from other EU-27 member states were also from an older age group than immigrants overall (except Spaniards, as noted above): 41.3% are aged 35 or over (5.9% are over 64). Within the main nationalities of EU citizens immigrating in 2009, the oldest were British nationals (15.0% were 65 years or more and 54.6% were aged between 35 and 64). On the other hand, immigrants of Italian nationality were concentrated in the 20 to 34 age group (55.8%), as were immigrants from Romania (47.7%), many of whom were also under 20 (22.7%). Graph 3.4. Immigration by citizenship and age group, 2009 Citizens of other EU-27 countries Citizens of third countries Source: Eurostat. Immigrants from non-eu countries were younger: 71.7% were under 35. Among the most numerous nationalities, those with the highest percentages of immigrants aged under 20 are Ecuador (44%), the Dominican Republic (37.5%), and Colombia (31.6%), which shows the persistence of the arrival of family groups or the arrival of children of adults already resident in Spain. There were significant numbers of immigrants aged 20 to 34 from Paraguay (59.8%), Brazil (54.0%), Pakistan (52.5%) and Morocco (49.9%). Among the segment of immigrants over 65, Peru stands out with 3.3%. Here it should be remarked that countries such as Uruguay (8.8%) and Argentina (7.0%) present an older immigrant profile, although still well below the percentage of returning Spaniards aged 65 or over (13.1%). 37

38 Sex In 2009 the distribution of the sexes in immigration as a whole is more balanced, going from 53.3% men in 2008 to 50.8% men in Practically the same number of both sexes arrived with Spanish nationality (50.5% men). The male majority was slightly higher amongst nationals of third countries (51.07%) than amongst those of other EU- 27 member states (50.5%). Considering the ten main third countries and the five main EU countries, the highest number of women was recorded amongst immigrants who were nationals of Paraguay (71.2%), Brazil (62.9%), the Dominican Republic (56%), Peru (55.6%), Colombia (54.2%) and Romania (53.1%). The highest percentage of men was from Pakistan, with 84.2% of male immigrants in Other male-dominated groups were Portugal (64.4%), Italy (55.7%) and Morocco (55.3%). b) Immigration flows by country of birth Country of birth Analysing the immigration figures by country of birth reveals some differences with respect to the figures discussed in the section above. Table 3.6 shows that of the total number of people who immigrated in 2009, those born in Spain accounted for 4.6% of the total (with 23,048 immigrants, 4% fewer than the previous year), those from other EU- 27 countries 27.3% (136,537 immigrants, 25.0% fewer than in 2008), and those born in third countries 67.3% (339,392, a decrease of 34.7%). Amongst non-eu countries, the most numerous groups were people born in Morocco (12.1% of the total), Colombia (5.3%) and Ecuador (3.7%), followed by China, Peru, Brazil, Paraguay, the Dominican Republic and Pakistan. With regards to people born in other EU-27 countries, the main flows were among those born in Romania (9.8% of total immigrants in 2008), the United Kingdom (3.4%), Germany, Bulgaria and Italy. The main differences with respect to the figures on immigration by nationality (Table 3.3) were the cases of Argentina (11th place in terms of nationality, 8th by country of birth) and Italy (3rd place by nationality amongst EU-27 countries, and 5th by country of birth). This is because a significant number of the immigrants that arrived with Italian nationality were born in Argentina or other Latin American countries with important colonies of former Italian emigrants. Age Distribution by age group shows a strong polarisation in the case of immigrants born in Spain (greater than in the case of immigrants of Spanish nationality), due to the weight of the under 20s (34.4%) and over 64s (15.5%). 38

39 Table 3.6. Immigration by country of birth, age group and sex, 2009 Total Age Sex Females Males Total 498, , , ,615 18, , ,881 Spain 23,048 7,939 4,219 7,324 3,566 11,211 11,837 EU-27 countries except Spain 136,537 23,883 56,647 48,122 7,885 67,585 68,952 Extra EU ,392 80, ,001 91,169 7, , ,092 EFTA (CH, IS, LI, NO) 2, , ,288 1,237 Candidate countries (HR, MK, TR) from 2007 Countries other than of EU-27, EFTA and Candidate countries Highly developed non-eu countries ,955 80, ,870 89,927 6, , ,360 95,856 23,649 41,696 27,205 3,306 52,429 43,427 Medium developed countries 225,337 52, ,672 60,108 3, , ,004 Less developed countries 14,762 3,600 8,502 2, ,833 10,929 Other Unknown Top 10 Countries of birth (third countries) 1. Morocco 60,816 14,635 30,843 14,310 1,028 27,062 33, Colombia 26,483 8,269 10,364 7, ,390 12, Ecuador 18,481 7,980 6,287 3, ,217 9, China 18,189 4,415 8,236 5, ,072 9, Peru 16,907 4,542 6,730 5, ,387 7, Brazil 15,418 3,308 8,405 3, ,527 5, Paraguay 13,468 2,086 8,073 3, ,581 3, Argentina 13,045 2,053 6,283 3, ,646 6, Dominican Republic 11,472 4,192 4,421 2, ,476 4, Pakistan 10,659 1,785 5,605 3, ,687 8,972 Top 5 Countries of birth (other EU-27) 1. Romania 51,663 11,216 24,955 14, ,490 24, United Kingdom 18,699 2,638 3,173 10,074 2,814 8,964 9, Germany 10,051 1,275 3,059 4,133 1,584 5,120 4, Bulgaria 9,619 1,890 3,966 3, ,680 4, Italy 9, ,043 2, ,758 5,256 Source: Eurostat. 39

40 Among immigrants born in EU-27 countries outside Spain, the largest age groups were (41.5%) and (35.3%). Immigrants born in Romania and Bulgaria had the highest percentages aged under 20 (21.7% and 19.6% respectively). More than 55.9% of Italian-born and 48.3% of Romanian-born immigrants were aged Those born in the United Kingdom and Germany were older, with 15.0% and 15.7% respectively aged over 64 and 53.9% and 41.1% aged Immigrants from third countries were most highly concentrated in the 20 to 34 age group (47.3%). By country, the number of under 20s was significant amongst those born in Ecuador (43.1%), the Dominican Republic (36.5%) and Colombia (31.2%). Most of the immigrants born in Paraguay (59.9%), Brazil (54.5%), Pakistan (52.5%) and Morocco (50.7%) were concentrated in the age range. The age group was highest in those born in Peru (29.9%) and China (28.9%). Finally, the number of over 65s was significant amongst immigrants born in Argentina (6.9%). Sex By sex, the group with the highest percentage of men was that of people born in Pakistan (84.1%) and Morocco (55.5%), followed by Ecuador and China, which were close to gender balance (50.1%). However, there was a majority of women amongst immigrants born in Paraguay (71.1%), Brazil (61.7%), the Dominican Republic (56.4%) and Colombia (54.3%). Amongst immigrants born in EU countries there was mainly a balance of sexes, with slightly more men, although there was a larger male majority among those born in Portugal (64.9%) and Italy (58.3%), and the largest female majority among those born in Romania (53.8%) Emigration Citizenship With regard to outward flows, 323,641 people were recorded as having emigrated in As noted above, this figure represented an increase of 21.4% from 2008 and was the highest number of departures recorded in the whole of the period studied ( ). However, the annual growth rate of emigrants was not among the highest recorded since The available figures (Table 3.7) make it possible to analyse the characteristics of emigrants who left Spain in

41 Table 3.7. Emigration by citizenship, age group and sex, 2009 Total Age Sex Females Males Total 323,641 47, , ,973 12, , ,756 Nationals 35,372 9,928 11,079 11,675 2,690 17,301 18,071 Non nationals but citizens of other EU-27 countries Citizens of countries outside the EU-27 71,748 7,404 31,150 29,686 3,508 29,304 42, ,521 29,696 99,610 80,612 6,603 88, ,241 Other Unknown/Staless Top 10 Citizenship (third countries) 1. Morocco 32,844 4,131 16,631 11, ,552 24, Bolivia 22,050 2,710 10,802 8, ,954 11, Brazil 16,709 1,966 9,467 5, ,475 8, Ecuador 14,003 3,039 5,740 4, ,393 7, Colombia 12,708 2,089 5,076 5, ,913 6, Argentina 11,741 1,704 4,756 4, ,480 6, China 9,883 2,344 3,576 3, ,195 5, Pakistan 7, ,685 3, , Paraguay 7, ,433 3, ,209 2, Peru 6, ,765 2, ,154 3,677 Top 5 Citizenship (other EU-27) 1. Romania 25,901 3,135 13,108 9, ,422 15, Portugal 7, ,091 3, ,964 5, Italy 6, ,894 2, ,519 3, United Kingdom 6, ,210 3,020 1,051 2,819 3, Bulgaria 4, ,007 2, ,976 2,999 Source: Eurostat. Of the total number of emigrants, 35,372 held Spanish nationality (representing 10.9% of all emigration, a lower percentage than the previous year, when it was 12.9%, but which was lower in absolute terms with 34,453 emigrants of Spanish nationality), 22.1% held the nationality of another EU-27 country (71,748), and 66.9% were non- EU nationals (with a total of 216,521, an increase in the number of emigrants from 2008, when there were 195,922, but their relative weight was higher at 73.5%). It 41

42 will be observed that there has been a notable increase in emigration by nationals of EU-27 countries. Among third-country nationals, the biggest number of emigrants corresponded (as in the previous year) to nationals of Morocco (32,844, 10.1% of total emigrants), Bolivia (22,050, 6.8%) and Brazil (16,709, 5.1%), followed by Ecuador (with 14,003 down from 2nd to 4th place), Colombia (12,708), Argentina (11,741), China (9,833), Pakistan (77,674), Paraguay (7,118) and Peru (with 6,831 emigrants, down from 8th to 10th place). Nationals of other EU-27 countries that were significant in number were nationals of Romania (25,901, representing 8.0% of total emigrants), Portugal (7,335), Italy (6,153), the United Kingdom (with 6,045 emigrants, in 2009 it is one of the five countries with the greatest number of emigrants) and Bulgaria (4,975). Germany fell to 6th place from 5th the year before. Age The age structure of emigrants overall showed a strong concentration in the 20 to 34 age group (43.8%), followed by 35 to 64 (37.6%) and under 20s (14.5%) although at some distance, while among over 65s the percentage was much lower at just 3.9%. Although the majority of emigrants of Spanish nationality were aged 20 to 64 (64.3%), this was the nationality with the highest percentages of under 20s (28.0%) and over 65s (7.6%) Non-Spanish emigrants (from EU-27 and third countries), however, were concentrated mainly in the two central age groups. By country of citizenship, the under 20s were most significant in number amongst emigrants who were nationals of China (23.7%), Ecuador (21.7%) and Colombia (16.4%), while those aged 20 to 34 (the most numerous cohort) were the most significant in number among nationals of Brazil (56.6%), Morocco (50.6%), Bolivia, Paraguay and Pakistan, with more than 48%. In the age group, nationals of Paraguay, Pakistan and Peru represented more than 40%, while in over 65s, emigrants from Argentina (7.7%) and Peru (7.1%) showed the highest percentages. Amongst the most numerous EU-27 nationalities, the under 20s were most significant in emigrants from the United Kingdom and Romania, with 12.6% and 12.1% respectively. In the age group, the largest as in emigrants from third countries, nationals of Romania (50.6%), Italy (47.0%) and Portugal (42.1%) were most significant. Nationals of the United Kingdom, Bulgaria and Portugal (more than 47%) were mainly concentrated in the age group, while over 65s were dominated by United Kingdom nationals (17.4%). 42

43 Sex In terms of sex distribution, there was a marked predominance of men (58.3%) in the overall number of emigrants in 2009, even higher than in 2008 (57.6%). The difference was minimal in the case of emigrants of Spanish nationality (51.0%) and significant amongst emigrants from EU-27 (59.1%) and third countries (59.2%). Amongst the most numerous nationalities of emigrants in 2009 more women were seen only among nationals of Paraguay (59.1%), and slightly, Brazil (50.7%). The most significant male majorities were from Pakistan (89.7%), Morocco (73.9%), Portugal (73.2%), Bulgaria (60.3%), Romania (59.7%), Italy (59%) and China (57.5%) Usual residence population Population by citizenship Evolution The total population of the European Union rose by 0.28% in 2009, a lower percentage rise than that of Spain in the same period, as will be seen below. If the population increase is analysed by citizenship, it will be seen that residents of Asia and Oceania have seen higher growth, while those in Europe and Africa have grown below average, while the Americas saw negative growth in Similarly, it is notable that 20.5% of the total growth of the EU-27 population is due to growth in the population originating outside the EU. The total population in Spain rose by 0.35% in 2009, from 45,828,172 inhabitants on 1 January 2009 to 45,989,016 on 1 January 2010 (Table 3.8). This growth was the most moderate in the study periods in both relative and absolute terms. The distinction between the Spanish and foreign population clearly shows that most of the demographic changes recorded from 2001 to 2008 are due to the behaviour of the foreign population, given that the Spanish population saw growing but low-level rises (between 0.2% and 0.4%) 24. Over the past nine years, the foreign population has grown by 4,499,709, while the local population has grown only by 1,012,584. As a result of this evolution, the relative weight of foreigners in Spain has risen from 2.9% on 1 January 2001 to 12.3% by 1 January 2010 (5,663,525 foreign citizens). However, relative variations in the foreign population, although always positive, fell, i.e., growth in the foreign population slowed down, from a maximum of 40.3% in Part of the rise in the Spanish population was due to some foreign-born immigrants having acquired Spanish citizenship (see section 3.1.3). 43

44 (meaning an increase in the foreign population from 1,560,724 to 2,189,213) to a minimum of 0.2% in 2009, an increase of 12,557 foreigners. Table 3.8. Usual residence by country of citizenship, 1 January Absolute Data Total Population 40,476,723 40,964,244 41,663,702 42,345,342 43,038,035 43,758,250 44,474,631 45,283,259 45,828,172 45,989,016 Nationals 39,312,907 39,403,520 39,474,489 39,573,380 39,666,641 39,755,741 39,868,157 40,021,164 40,177,204 40,325,491 Foreigners 1,163,816 1,560,724 2,189,213 2,771,962 3,371,394 4,002,509 4,606,474 5,262,095 5,650,968 5,663,525 Annual variation (%) 2000(%) 2001(%) 2002(%) 2003(%) 2004(%) 2005(%) 2006(%) 2007(%) 2008(%) 2009(%) Total Population Nationals Foreigners Source: Eurostat. Graph 3.5. Usual residence by country of citizenship, 1 January Millions Foreigners Nationals Source: Eurostat. 44

45 Among the most numerous third-country nationalities present in Spain, the population has decreased among nationals of Bolivia (a 10.5% decrease with 21,849 fewer nationals), Argentina (12,810 fewer, a drop of 9.9% from 2008), Brazil (10,612 fewer, a drop of 9.2%), Ecuador (29,671 fewer, a decrease of 8%), Colombia (an annual variation of 3.3%, with 9,800 fewer) and Peru (the population has reduced slightly by 0.8%, with 1,060 fewer). It will be seen that the only populations showing growth are those from China (up by 5.3%), Paraguay (3.2%), Morocco (3.1%), and the Dominican Republic (1.5%). Graph 3.6. Foreign population by national group, 1 January % 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% 21,3% 20,8% 20,8% 21,1% 62,0% 59,9% 59,8% 58,9% 14,4% 16,9% 17,1% 17,5% 2,2% 2,4% 2,4% 2,5% EU-15 No EU EU-2 EU-10 Source: Eurostat. In terms of the most numerous third-country nationalities (Table 3.9) Moroccans were again in first place, but with much lower growth rates in 2009 (3.1%) compared to 2008 (10.5%) and 2007 (9.7%). They were followed by nationals from Ecuador, Colombia and Bolivia, which held the same positions as in previous years, although as remarked above, their populations fell in Residents from Ecuador decreased sharply in 2009 ( 7.0%), a trend which had already started in 2008 ( 0.4%) and 2007 ( 2.2%). The numbers of nationals from Colombia rose in 2007 and 2008 (6.4% and 4.9% respectively), while they fell in 2009 ( 3.3%) In the case of Bolivia, the decreasing trend which began in 2008 ( 4.6%) intensified in 2009 ( 9.5%), although in 2007 it grew by 18.4%. On 1 January 2010 Chinese nationals were in fifth place, thanks to maintaining growth in 2009 (5.3%), although this was not as strong as in 2008 (18.0%). Peru rose from 7th to 6th position, although with a slight population decrease of 0.8%. Nationals of Argentina fell from 5th to 6th place (their population grew by 2.0 % in 2007 but fell by 2.8% in 2008 and 9.0% in 2009). The next two positions, Brazil and the Dominican Republic, remained unchanged. Ukraine disappeared from the 10th place, now occupied by Paraguay, which 45

46 grew by 3.1% in 2009 and 17.5% in To summarise, among the 10 third countries with the biggest populations in Spain, only nationals of China, Morocco, Paraguay and the Dominican Republic (1.5%) increased their numbers in 2009, while falls were seen among the populations from Argentina, Bolivia, Brazil, Ecuador, Peru and Colombia. Table 3.9. Main countries of citizenship of third-country foreing usual resident population, 1 January Morocco 649,818 Morocco 718,347 Morocco 740,819 Ecuador 423,451 Ecuador 421,597 Ecuador 391,926 Colombia 282,937 Colombia 296,795 Colombia 286,995 Bolivia 241,850 Bolivia 230,797 Bolivia 208,948 Argentina 146,471 China 147,539 China 155,361 China 125,008 Argentina 142,328 Peru 138,176 Peru 121,228 Peru 139,236 Argentina 129,518 Brazil 116,308 Brazil 126,236 Brazil 115,624 Ukraine 78,331 Dominican Republic 88,139 Dominican Republic 89,477 Dominican Republic 77,566 Ukraine 82,298 Paraguay 84,171 Others 886,504 Others 983,498 Others 994,667 Source: Eurostat. When analysing the evolution of the population stock by nationality, we should consider data on the acquisition of Spanish citizenship, which may partially or fully justify the falls in the population concerned. For example, the falls recorded among Ecuadoreans, Colombians and Peruvians ( 29,671, 9,800 and 1,060, respectively) are partly explained by acquisition of Spanish citizenship in 2009 (25,727, 16,495 and 1,809 respectively). In the case of Bolivia, Argentina and Brazil, however, there was a real fall, as the number of naturalisations in 2009 (1,809 Bolivians, 4,622 Argentines, 943 Brazilians) does not cover the loss of population (decreases of 21,849, 12,810 and 10,612 residents). These decreases are due partly to returning (if we analyse emigration data, there were 22,050 emigrants of Bolivian origin, the second group out of all emigrants, 16,709 Brazilians, in third place, and 11,741 Argentines leaving Spain in 2009) and partly to lower inflows of immigrants (12,916 Brazilians, 7,906 Argentines and 4,636 Bolivians fewer than in 2008). The demographic characteristics of the main groups of foreign residents in Spain on 1 January 2010 are shown below (Table 3.10). 46

47 Citizenship By citizenship, the most significant foreign groups from third countries were those from Morocco (740,819 residents, 1.6% of total population, 13% of foreign population and 22.2% of third-country nationals), Ecuador (391,926 residents, 0.8% of total population, 6.9% of foreign population and 11.7% of third-country nationals), Colombia (286,995 residents, 0.62% of total population, 5.0% of foreign population and 8.6% of thirdcountry nationals), Bolivia (208,948 residents, 0.45% of total population, 3.7% of foreign population and 6.3% of third-country nationals) and China (155,361 residents, 0.34% of total population, 2.7% of foreign population and 4.6% of third-country nationals), followed by nationals of Peru (138,176), Argentina (129,518), Brazil (115,624), the Dominican Republic (89,477) and Paraguay (84,171). Amongst EU-27 countries, there were significant numbers of nationals from Romania (823,111 residents, 1.8% of total population; 14.5% of total number of foreigners and 35.3% of EU citizens) and the UK ( residents, 0.8% of total population, 6.8% of total number of foreigners and 16.5% of EU citizens), as well as nationals of Germany (194,023), Italy (182,535) and Bulgaria (167,849). Age The age group of the overall population in Spain on 1 January 2010 featured a predominance of the 35 to 64 age group (41.5% of the total). Trailing far behind is the 20 to 34 age group (21.8%), the under 20s (19.8%) and the over 65s (16.8%). The population of Spanish nationality was the oldest: 18.5% were over 64 (compared to 9.7% of nationals from other EU-27 countries and 1.9% of people from third countries). Amongst foreigners, those from the rest of the EU-27 were from higher age groups than nationals from third countries (60% of whom are under 34). The highest percentages of under 20s were among nationals of Morocco (29.6%), Ecuador, China and the Dominican Republic (over 25%). Notable among the 20 to 34 age group are nationals of Paraguay (54.3%), Bolivia (47.2%) and Brazil (45.2%). The 35 to 64 age group was significant among nationals of Peru, Colombia and Argentina (with more than 40%) although the other nationalities maintain percentages over 30%. The over 65s were significant among nationals of Argentina (4.2%) and Peru (3.2%). There were clearly differentiated age profiles amongst nationals from EU countries: the oldest were from the UK and Germany (27.3% and 24.5% respectively were aged over 64). In the 35 to 64 age group, the UK (52.2%), Germany, Bulgaria and Italy (over 43%) were significant. In the group under 35, the best represented were Romania with 64.6% (19.9% under 20), Bulgaria with 53.5% (18.9% under 20) and Italy with 50.4%. 47

48 Table Usual residence by country of citizenship, age group and sex, 1 January 2010 Total Age Sex Females Males Total 45,989,016 9,112,458 10,030,083 19,100,908 7,745,567 23,316,596 22,672,420 Nationals 40,325,491 7,971,411 8,001,123 16,898,228 7,454,729 20,602,179 19,723,312 Non nationals but citizens of other EU-27 countries 2,327, , , , ,342 1,107,200 1,220,643 Extra EU-27 3,335, ,844 1,293,869 1,215,473 64,496 1,607,217 1,728,465 EFTA (CH, IS, LI, NO) 38,401 4,076 4,594 16,638 13,093 19,601 18,800 Candidate countries (HR, MK, TR) from 2007 Citizenship other than of EU-27, EFTA and Candidate Highly developed non-eu countries Medium developed countries Less developed countries 4, ,272 1, ,032 2,794 3,292, ,992 1,287,003 1,197,142 51,318 1,585,584 1,706, , , , ,233 23, , ,268 2,198, , , ,601 27,910 1,023,660 1,175, ,136 26,177 60,311 34, ,633 86,503 Other Unknown Top 10 Citizenship from third countries 1. Morocco 740, , , ,388 8, , , Ecuador 391, , , ,822 2, , , Colombia 286,995 65, , ,640 4, , , Bolivia 208,948 40,185 98,542 69, ,610 88, China 155,361 41,975 53,771 57,633 1,982 72,686 82, Peru 138,176 24,093 51,202 58,514 4,367 70,655 67, Argentina 129,518 25,542 46,314 52,249 5,413 65,950 63, Brazil 115,624 21,404 57,297 36, ,563 43, Dominican Republic 89,477 23,516 33,216 31,028 1,717 51,688 37, Paraguay 84,171 11,375 45,697 26, ,636 27,535 Top 5 Citizenship from EU Romania 823, , , ,499 5, , , United Kingdom 384,146 52,054 37, ,665 94, , , Germany 194,023 19,628 30,766 90,625 53,004 97,539 96, Italy 182,535 27,375 64,673 78,521 11,966 77, , Bulgaria 167,849 31,835 57,931 76,045 2,038 78,349 89,500 Source: Eurostat. 48

49 Graph 3.7. Population by country of citizenship and age group, 1 January 2010 Nationals Citizens of other EU-27 countries Citizens of third countries Source: Eurostat. Sex Distribution by sex of the resident population in Spain on 1 January 2010 showed a balance between the sexes (50.7% women and 49.3% men). Amongst people of Spanish nationality there was a slight predominance of women (51.1%), while amongst foreigners there was a male majority of 51.8% among third-country nationals and 52.4% among nationals of EU countries. If we take into account the level of development of the country of origin, the percentage of men increases as the level of development decreases (71.4% amongst nationals of low-developed countries, compared to 45.8% for those of more developed countries). Thus, among residents from highly developed countries, we see a 52.2% female majority. Of the main nationalities of third countries, only two had more men: Morocco (59.9%) and China (53.2%). Among nationals of Ecuador, Argentina and Peru there was practically a balance between the sexes, with a slight predominance of women, and a clear female majority in populations from Paraguay (67.2%), Brazil (62.7%), the Dominican Republic (57.8%), Bolivia (57.7%) and Colombia (55.7%). Amongst the most numerous nationals from other EU-27 countries, only Germany showed a slight female majority (50.3%). The largest male majorities were seen in nationals from Italy (57.8%), Bulgaria and Romania (around 53%). 49

50 Population by country of birth Country of birth If we look at country of birth, regardless of people s present nationality, 86% of the population on 1 January 2010 were born in Spain, 5.0% in another EU-27 country and 8.9% in a third country (Table 3.11). By country of birth, the most numerous groups of people born in third countries were those from Morocco (737,594; 1.6% of the population), Ecuador (469,693; 1.02%), Colombia (359,596; 0.8%), Argentina (283,281; 0.6%) and Bolivia (206,848; 0.45%), as well as Peru, Venezuela, China, Brazil and the Dominican Republic. Amongst people born in other EU-27 countries, those from Romania (766,806 people; 1.67% of total population), the UK (380,974; 0.82%), Germany (244,995; 0.53%), France (224,150; 0.49% of total population) and Bulgaria (159,706; 0.35%) were significant in number. If we compare population data for country of birth and citizenship, there are notable differences between those born in Argentina (283,281) and Venezuela (150,481) and the population with nationality of those countries (129,518 and 61,493 respectively), which is much lower. As pointed out above, this is due both to naturalisation and to the European origin of many of those born in those countries. Age Looking at the resident population in Spain on 1 January 2010 (Table 3.11) we can analyse the age group by region or country of birth. Here we see more ageing of the Spanish-born population (18.6% were 65 or over) in comparison to people born in other EU-27 countries (10.8%) and particularly in comparison to people born in third countries (3.6%). However, the population of under 20s was also greater amongst the local population (20.7%) than among that of third countries (16.13%) and the EU-27 (11.8%). The immigrant groups were concentrated in the central age groups: from 20 to 34 people born in third countries (37.8%) were significant in number compared to those from the EU-27 (31.7%) and native-born (19.6%). The 35 to 64 age group was where EU-27 nationals were more highly concentrated (45.6%) than people born in Spain (41.2%) or third countries (42.5%). Amongst people born outside the EU, the highest relative weight of under 20s was amongst people born in Ecuador (22.6%), China (22.0%) and Colombia (19.6%). Notable among the 20 to 34 age group are nationals of Bolivia (49.0%), Brazil (47.1%) and Morocco (39.6%). In the age group, those born in Venezuela (48.3%) and Peru (48.3%) were significant. And finally, there was a notable weight of those born in Argentina (7.0%) among the population aged 65 and over. 50

51 Table Population by country of birth, age group and sex, 1 January 2010 Total Age Females Males Total 45,989,016 9,112,458 10,030,083 19,100,908 7,745,567 23,316,596 22,672,420 Home country 39,566,225 8,178,091 7,742,614 16,299,626 7,345,894 20,189,996 19,376,229 EU-27 countries except home country 2,328, , ,171 1,063, ,535 1,116,591 1,211,970 Extra EU-27 4,094, ,518 1,548,298 1,738, ,138 2,010,009 2,084,221 EFTA (CH, IS, LI, NO) 85,552 11,803 20,692 39,253 13,804 43,165 42,387 Candidate countries (HR, MK, TR) from 2007 Countries other than of EU-27, EFTA and Candidate countries Highly developed non- EU countries Medium developed countries Less developed countries 5, ,387 2, ,279 3,278 4,003, ,198 1,525,219 1,696, ,055 1,964,565 2,038,556 1,493, , , ,399 63, , ,152 2,391, , ,696 1,006,598 68,508 1,141,852 1,249, ,170 12,749 61,848 42, ,599 86,571 Other 1, Unknown Top 10 Countries of birth (third countries) 1. Morocco 737, , , ,343 31, , , Ecuador 469, , , ,361 3, , , Colombia 359,596 70, , ,310 7, , , Argentina 283,281 39,811 95, ,793 19, , , Bolivia 206,848 33, ,314 70,926 1, ,154 87, Peru 192,320 26,941 65,404 92,442 7, ,944 90, Venezuela 150,481 21,449 53,644 72,721 2,667 80,791 69, China 149,594 32,930 54,904 59,291 2,469 75,470 74, Brazil 142,485 21,123 67,144 52,080 2,138 86,864 55, Dominican Republic 132,761 24,875 48,963 56,163 2,760 81,916 50,845 Top 5 Countries of birth (EU-27) 1. Romania 766, , , ,307 6, , , United Kingdom 380,974 43,716 39, ,645 97, , , Germany 244,995 18,138 44, ,582 56, , , France 224,150 17,507 50, ,490 26, , , Bulgaria 159,706 23,974 58,788 74,811 2,133 73,917 85,789 Source: Eurostat. Sex 51

52 There was significant polarisation among the most numerous groups born in other EU-27 countries: most people from Romania and Bulgaria were under 35 (62.9% and 51.8% respectively). However, over half of those born in France (57.8%), the UK and Germany were aged The over 65s had the highest concentrations among people born in the UK (25.8%) and Germany (23.08%), a weight that even exceeded that of the population born in Spain (18.6%). The difference is significant, taking into account that about 1% of those born in Romania and Bulgaria were aged over 65, and around 11% of those born in France. Sex Distribution by sex shows a slight predominance of women (51.0%) among the population born in Spain, while there was a male majority amongst the population born in other EU-27 countries (52.0%) and third countries (50.9%). In the main third countries, there was a clear female majority, except for two cases: a notable male majority for Morocco (60.4%) and a slight one for Argentina (51.3%). Among people born in Ecuador, Peru and China the sexes were almost balanced, with a slight female majority. Finally, there was a clear female majority among the populations born in the Dominican Republic (61.7%), Brazil (60.9%), Bolivia (57.6%), Colombia (56.8%) and Venezuela (53.7%). Among people born outside the EU-27, a slight female predominance was seen only in France (51.5%) and Germany (50.5%). The other numerous groups had male majorities. This predominance was slight for Bulgaria and Romania (around 53%), and especially slight for the UK, where there was practically a gender balance (50.2% male majority) Acquisition of citizenship Evolution The number of foreigners who acquired Spanish citizenship through residency in 2009 was 79,590. This figure shows a 5.4% decrease from 2008, when this figure was the highest in the whole of the period studied (Graph 3.8). The continual rise in naturalisation figures up to 2008 reflects the arrival of immigrants in previous years, as several years of residence (only two years for Latin Americans) entitle immigrants to apply for Spanish citizenship. 52

53 Graph 3.8. Acquisition of Spanish citizenship through residency, Source: Eurostat. Previous citizenship The vast majority of foreigners who acquired Spanish citizenship in 2009 were citizens of third countries (98.7%, or 78,522 people). Within the group of third countries, those from highly developed countries (50.7%) and medium developed countries (48.2%) were significant in number, with very few people from less developed countries acquiring Spanish citizenship (1.2%) (Table 3.12). Of the 10 countries with the highest naturalisation figures, nine were Latin American, reflecting the impact of the Spanish law on citizenship enabling nationals from Latin American countries, Andorra, the Philippines, Equatorial Guinea, Portugal and the Sephardic community to apply for citizenship after two years of legal residence, while, as a general rule, other foreigners can only apply after ten years of legal residence. The most highly represented countries were Ecuador (25,727 people; 32.3% of the total), Colombia (16,495 people; 20.7%), Morocco (6,673 people; 8.4%) and Peru (6,352 people; 8%). The case of Morocco, ranked third, despite requiring 10 years residency, is a result of the fact that this community has been resident in Spain for longer, as well as the reduction of the limit to 1 year s residency for people born in Spain. 53

54 Age The age group had greatest weight among people from Ecuador and Colombia. This was followed by the age group, dominated by Bolivia and Venezuela. The youngest age group, with 34.2%, was dominated by naturalised people from Morocco. Table Acquisition of citizenship by former nationality, age group and sex, 2009 Total Age Sex Unknown Females Males Total 79,590 7,380 27,177 43,797 1, ,544 34,046 European Union (27 countries) 1, Citizens of countries outside the EU-27 78,522 7,246 26,832 43,245 1, ,936 33,586 EFTA (CH, IS, LI, NO) Candidate countries (HR, MK, TR) from Citizens of countries other than of EU-27, EFTA and Candidate countries 78,459 7,241 26,813 43,209 1, ,904 33,555 Highly developed non-eu countries 39,650 2,501 14,838 21, ,999 16,651 Medium developed countries 37,823 4,340 11,833 21, ,556 16,267 Less developed countries Stateless Other Unknown Top 10 Countries of previous citizenship 1. Ecuador 25,727 2,063 10,226 13, ,206 10, Colombia 16, ,205 10, ,376 6, Morocco 6,673 2,279 1,563 2, ,986 3, Peru 6, ,150 3, ,461 2, Argentina 4, ,534 2, ,377 2, Dominican Republic 2, ,077 1, ,744 1, Cuba 2, , ,526 1, Bolivia 1, , Venezuela 1, , Uruguay 1, Top 5 Countries of previous citizenship (EU-27) 1. Portugal Romania Italy Bulgaria Poland Source: Eurostat. 54

55 Sex Distribution by sex shows a clear predominance of women (57.2%), both among citizens of third countries and from other EU countries. Among people whose previous citizenship was that of a third country, the female predominance was clear amongst those from high and medium developed countries (around 57%) while there were more men among people from less-developed countries (64.6%). The largest percentages of women were from Bolivia (63.7%), the Dominican Republic (63.1%), Colombia (62.9%) and Venezuela (61.4%). The biggest percentages of men corresponded to Morocco (55.3%) and Uruguay (51.7%) Residence permits and residence of third-country nationals One of the cornerstones of the immigration policy of Spain and the EU is to channel migration flows through legal procedures and particularly to link them to the labour market. This chapter contains information on the flow of permits issued for the first time to thirdcountry nationals, permits issued as renewals with a change in the main reason and the stock of valid permits at the end of the period 25, as well as permanent and long-term residence permits. This chapter follows the Eurostat criterion of considering citizens of Iceland, Liechtenstein, Norway and Switzerland as third-country nationals First permits The first point to note is that the impact of the methodological change introduced by Regulation (EC) 862/2007 of the European Parliament and European Council on EU migration statistics and international protection is more visible in this chapter of the Report. This should be taken into account when analysing trends, since data after 2008 are not strictly comparable with those of previous years. In 2008, the number of first permits was counted according to the definition of Eurostat, 26, regardless of their classification under the Spanish law in force. Up to 2007, the data on residence permits used in the reports of the EMN were consistent with the Spanish legislation on immigration and distinguished between initial permits, renewals and permanent permits. 25 It therefore includes residence permits issued to family members or the relatives of Spanish nationals who are nationals of third countries, but not registration certificates issued to citizens of the EU For the definition and criteria used to consider a permit as having been issued to a person for the first time, see Chapter 2. Methodology. 55

56 In 2009, 290,813 new permits (first permits) were issued, around 30% fewer than in The trend since 2003 (Table 3.13) reveals strong growth in the number of permits from 2003 to 2005, with record figures in 2005 due to the regularisation of employed workers (2005 Regularisation). In 2006, the number of permits issued returned to pre levels (370,923 initial permits), before rising to 466,458 in 2007 and falling again to 399,827 in Table First residence permits by reason, Total Family reasons Family members of thirdcountries nationals Family members of EU citizens Education Remunerated activities Others Residence only Others Vertical percentages Total 100,00 100,00 100,00 100,00 100,00 100,00 100,00 Family reasons 20,71 26,87 15,52 40,45 36,40 37,54 43,08 Family members of thirdcountry nationals Family members of EU citizens 0,03 6,53 7,27 18,58 21,07 25,92 28,37 20,68 20,34 8,25 21,88 15,33 11,62 14,71 Education 13,71 10,48 4,42 11,23 8,19 5,42 7,59 Remunerated activities 34,50 36,14 71,96 29,05 39,97 24,09 35,33 Other 31,08 26,51 8,10 19,27 15,44 32,95 14,00 Residence only 29,37 17,83 3,39 12,08 8,43 15,90 12,73 Others 1,71 8,68 4,70 7,19 7,01 17,05 1,27 Source: Eurostat ( ) and specific exploitation of the Central Register of Foreign Nationals and Statistics on Residence and Work Permits Issued to Aliens ( ). Note: The category «Other» includes permits granted for «Residence only», authorising residence but not work, and «Others» like permits issued for humanitarian reasons and other exceptional circumstances. To summarise, once the impact of the regularisation of 2005 had been absorbed, the number of initial permits showed an upward trend until The changes recorded in 2008, which were slight, were due partly to the methodological change introduced by 56

57 the Regulation, and thus it was not possible to determine whether we were witnessing a cyclical swing or a downward trend. In 2009 this downward trend was confirmed, and can be attributed mainly to the economic crisis. With regard to the reasons for the issuing of permits, the data (Graph 3.9) indicate that family reasons remain in first place, in accordance with the trend of Graph 3.9. First residence permits by reason, % 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Family Education Remunerated activities Other Source: Eurostat. The analysis of first permits by country of citizenship (see Graph 3.10) continues to reveal a high percentage (around 70% of all permits) in just ten countries: Morocco, still with 22% of the total, Colombia (down slightly from 10% to 8%), Ecuador (down from 10% to 6%), China, Peru and Brazil (with around 5%), the Dominican Republic, Argentina, and Paraguay (replacing Ukraine). The majority of permits issued in 2009 were for family reasons (125,288), particularly for nationals of Morocco, Ecuador and Colombia. The second main reason was for economic activities (102,736), corresponding to citizens of Bolivia, Morocco and Paraguay. The third reason for issue fell within Other permits (40,721), dominated by nationals of Morocco, followed by Bolivia and Ecuador. Permits issued for study reasons accounted for 7.6% of the total (22,068), and in this case, the main nationalities were the United States, Mexico and Colombia. 57

58 Graph First residence permits by citizenship, 2009 Others; ; 31,4% Morocco; ; 22,0% Paraguay; 8.769; 3,0% Bolivia; ; 9,7% Argentina; 9.597; 3,3% Dominican Rep.; ; 3,7% Brazil; ; 4,0% Peru; ; 4,1% China; ; 5,3% Colombia; ; 7,7% Ecuador; ; 5,8% Source: Eurostat. Tabla First residence permits by citizenship and reason, 2009 Family Education Remunerated activities Other Total 125, % Total 22, % Total 102, % Total 40, % Top 10 countries 91, % Top 10 countries 15, % Top 10 countries 73, % Top 10 countries 29, % 1. Morocco 35, % 1. United States 2, % 1. Bolivia 20, % 1. Morocco 12, % 2. Colombia 12, % 2. Mexico 2, % 2. Morocco 16, % 2. Bolivia 5, % 3. Ecuador 8, % 3. Colombia 2, % 3. Paraguay 6, % 3. Ecuador 4, % 4. China 7, % 4. China 1, % 4. Colombia 6, % 4. China 1, % 5. Dominican Rep. 7, % 5. Brazil 1, % 5. Argentina 4, % 5. Argentina 1, % 6. Peru 6, % 6. Dominican Rep. 1, % 6. Brazil 4, % 6. Ukraine 1, % 7. Brazil 5, % 7. Venezuela 1, % 7. Ecuador 4, % 7. Brazil 1, % 8. Cuba 3, % 8. Peru % 8. Peru 3, % 8. Colombia % 9. Argentina 3, % 9. Chile % 9. China 3, % 9. Venezuela % 10. Pakistan 2, % 10. Morocco % 10. Pakistan 2, % 10. Dominican Rep % Source: Eurostat. 58

59 Changes in permit reasons This section describes the data on permits issued for a change in reason, i.e. renewals with a transfer between the four main reasons: family, study, work, and other reasons. In 2009, a total of 167,173 permits with a modified reason for issue were granted (Table 3.15). The majority of the changes relate to permits previously issued for employment reasons (58.8% of the total), most of which (54.7% of the total) were converted into permits for other reasons. This is largely due to temporary work permits being converted into permanent permits 27, included in this table in the «Others» category. The second largest group that changed its reason for issue was family reasons (20.2% of the total), with many changing from «Other reasons» (15.9%), while changes from «Other reasons» were down from 31.3% in 2008 to 18.9% in Permits for educational purposes barely had an impact on the total (2.1%) and were distributed fairly evenly among the remaining three categories, although those converted into residence and work permits had a more significant weight. Table Residence permits granted on occasion of change of status by reason, 2009 N.º changes To reason Family Education Remunerated activities Other Total From reason Family Education Remunerated activities Other Total Source: Eurostat. Note: In the case of renovations with change of reason, the «Other» category includes the authorisations that pass to permanent or long term residence Total valid permits First permits reveal the rate of new incorporations of legal residents from third countries. These flows are incorporated annually into the stock of foreign nationals with residence 27 Permanent permits allow foreign nationals to live in Spain without a time limit and to work under the same conditions as Spanish citizens. 59

60 permits (citizens of third countries) or registration certificates (citizens of other countries in the European Economic Area) in force. Table Total valid residence permits, 31 December Total % annual , ,277, % ,531, % ,219, % ,414, % ,495, % ,743, % ,992, % Source: Eurostat ( ), Permanent Observatory for Immigration ( ). Since 2002, a constant rate of annual increases has been maintained, with the maximum annual growth in 2005 (44.9%) as a result of the regularisation process. Since then, the rate has levelled off rapidly. The lowest growth was recorded in 2007 (3.4%) but rose again in 2008 and 2009, increasing 10% and 9% on the previous years figures, respectively (Table 3.16). On 31 December 2009, the total number of valid residence permits was 2,992,492. Of these, 32.4% were for work and residence, 21.6% were related to family reasons (family reunification or free movement of the family members of EU citizens), just 1.4% were stay permits for study purposes and 44.6% were other types of permit (1,324,618), most notably residence permits for 12 months or more. Table 3.17 shows that the vast majority of valid permits (98.5%) have a term of at least one year, like in This is the case in 99.3% of permits issued for other reasons (which include permanent residence permits), 99.5% of work and residence permits and 97.4% of permits for family reasons, while just 67% of study permits have a valid term of over one year. In absolute terms, permits with a term of less than one year barely exceed 45,000 Permits issued for family reasons 28 and for study purposes represent 21.6% and 1.4% respectively of the total for Spain. 28 In the case of family reunification permits, this is because the validity of the permit of the reunited person is extended to the expiry of the sponsor s permit at the moment of issue. 60

61 Table Total valid residence permits by reasons and duration, 31 December 2009 Total Total 3-5 months 6-11 months 12 months and more Total 2,992,492 4,217 40,817 2,947,458 Family 645,764 1,419 15, ,074 Education 42, ,289 28,395 Remunerated activities 969, , ,371 Other 1,334,364 1,363 8,383 1,324,618 % horizontal Total Family Education Remunerated activities Other Source: Eurostat. Graph Total valid residence permits by citizenship, 31 December 2009 Brazil; ; 2,0% Ukraine; ; 2,4% Other; ; 24,8% Morocco; ; 25,7% Dominican Rep.; ; 3,0% Argentina; ; 3,5% Ecuador; ; 14,7% Source: Eurostat. Bolivia; ; 3,9% Peru; ; 4,9% China; ; 5,2% Colombia; ; 9,8% 61

62 The ten main third countries of citizenship (Graph 3.11) with valid residence permits on 31 December 2009 are Morocco (770,391 residents, 25.7% of the total), Ecuador (with 440,925, 14.7%) and Colombia (with 292,641, 9.8%), followed by China and Peru (each with around 150,000 residents), Bolivia, Argentina, the Dominican Republic, Ukraine and Brazil. By combining the two variables (reason and duration of the permit), we can conduct a more detailed analysis of the main citizenship for each reason. We can rule out the group of permits issued for «Other reasons» because of its heterogeneity 29, and look instead at the distribution of valid permits issued for work, family reasons and study (Table 3.18). The number of permits issued for family reasons that remained in force as at 31 December 2009 totalled 645,764. Bolivia and Ukraine disappear from the list of the ten most numerous citizenship (Graph 3.11), while Cuba and Venezuela join the list in 9th and 10th place. The top three are still, in order, nationals of Morocco, Colombia and Ecuador. A large majority of permits (97.4%) have a length of validity of one year or more, the highest percentages for which are obtained by nationals of Argentina, Brazil, Cuba and Venezuela (with over 99%). Nationals who more often have permits with a length of validity of less than 12 months are Peru and China (around 5%). Permits issued for study purposes that were valid in late 2009 show the greatest differences in terms of citizenship and duration of validity compared to the total. 30% of permits issued for study purposes were for less than 12 months, a clear difference from all other reasons, which tend to be longer. Nationals of Mexico and the USA appeared in 1st and 3rd place respectively, also representing a difference from permits issued for other reasons. The dominant citizenship holding work and residence permits (969,987) are the same as for the total number of valid permits, albeit with slight changes in the order of the countries. 99.4% of these permits are valid for over a year, so it is not necessary to conduct a detailed analysis of those with shorter duration. 29 This group mainly includes permits for exceptional circumstances, residence-only permits and permanent residence permits. The last group is discussed in the next section. 62

63 Table Total valid residence permits by citizenship and duration. Permits granted for family reasons, 31 December 2009 Total 3 months at least and less of 6 months Absolute values 6 months at least and less of 12 months Family reasons 12 months and more 3 months at least and less of 6 months % horizontal 6 months at least and less of 12 months 12 months and more Total 645,764 1,419 15, , Morocco 131, , , Colombia 76, ,179 74, Ecuador 63, ,650 61, Argentina 41, , Dominican Rep. 37, , Peru 36, ,660 34, China 28, ,455 27, Brazil 25, , Cuba 24, , Venezuela 18, , Education Total 42, ,289 28, Colombia 4, ,203 3, Mexico 4, ,377 3, United States 3, ,359 1, China 3, ,192 2, Morocco 2, , Brazil 2, , Venezuela 2, , Peru 2, , Dominican Rep. 1, Chile 1, , Remunerated Activities Total 969, , , Ecuador 172, , Morocco 169, , Colombia 108, , Bolivia 86, , Peru 58, , China 38, , Argentina 35, , Ukraine 28, , Dominican Rep. 24, , Paraguay 22, , Source: Eurostat. 63

64 Permanent and long-term residence permits Spanish law distinguishes between different types of residence permit for third-country nationals: initial permits, first renewals, second renewals and permanent permits. Permanent permits authorise third-country nationals to reside indefinitely in Spain and to engage in economic activities under the same conditions as Spanish citizens. They are granted to third-country nationals who have resided legally and continuously in the country for five years 30. In addition, following approval of the Long-Term Directive, 31 a new type of permit called the «EU long-term permit» was introduced. Foreign nationals holding this permit must meet the requirements of this directive. Consequently, the data on valid long-term permits on 31 December 2009 differentiate between these EU long-term permits and the permanent or long-term permits issued under national legislation. Generally, these legal concepts afford the most rights and greatest stability to third-country nationals. At the end of 2009, 43.4% of all valid residence permits were permanent (1,112,064), compared to 34.7% in Of these, 19,986 (1.8%) were for EU long-term status and 1,092,078 (98.2%) were for permanent residence permits issued under Spanish legislation. The countries with the highest proportion of EU long-term permits were Peru (9.8%) and the Dominican Republic (3.5%). With regard to the total number of permanent or long-term permits, the most numerous countries of citizenship were Morocco (436,363), Ecuador (150,638), Colombia (79,558) and China (76,087). If we compare permanent or long-term residence permits to the total number of valid permits of every citizenship, we see that the percentage of the former varies significantly: the highest numbers of permanent permits as a percentage of all valid permits were issued to nationals of Algeria (64.1%), Morocco (59.1%) and China (51.0%), followed by Ukraine (38.9%) and Cuba (37.4%). These differences are due to two factors: the length of legal residence in Spain and accessibility to Spanish citizenship. Persons who have not completed five years of legal residence may not apply for a permanent residence permit, which affects more recent immigrants. In addition, nationals of Latin American countries, among others, can acquire Spanish nationality after 30 There are exceptions to this rule, as is the case of beneficiaries of a contributory retirement pension, beneficiaries of a contributory pension for permanent disability, foreign nationals born in Spain who have been living in the country for at least three years, refugees and stateless persons, etc. (Article 73 of the Aliens Act Implementing Regulation). 31 Directive 2003/109/EC concerning the status of third-country nationals who are long-term residents, transposed into the Spanish legal system by Organic Law 2/2009, of 11 December, reforming Organic Law 4/2000, of 11 January, on the rights and freedoms of foreign nationals in Spain and their social integration. 64

65 two years of legal residence in Spain, 32 without having to complete the five years required to obtain a permanent permit. By contrast, nationals of other third countries may only apply for Spanish nationality after ten years of legal residence in Spain. In practice, this means that they cannot do so until they have completed at least one permanent permit period. Table Valid long-term residence permits and percentage over Total valid residence permits by citizenship, 31 December 2009 Total % over Total permits EU Long-Term residence Permanent resident (national) Total 1,112, % 19,986 1,092,078 Morocco 436, % 4, ,926 Ecuador 150, % 2, ,816 Colombia 79, % 1,364 78,194 China 76, % 1,738 74,349 Peru 43, % 4,256 39,361 Algeria 31, % ,574 Ukraine 26, % ,276 Pakistan 21, % ,846 Dominican Rep. 21, % ,846 Senegal 17, % ,401 Other 216, % 3, ,213 Source: Statistical Yearbook of Immigration Apprehensions and returns The European Pact on Immigration and Asylum established five basic commitments, including two that deal with the return of immigrants: the fight against irregular immigration and cooperation with countries of origin or transit of migrants to the EU. This chapter presents the data for 2009 on apprehensions and returns. 32 As mentioned elsewhere in the report, the term of two years legal residence required to apply for Spanish nationality is applicable to nationals of Latin American countries, Andorra, the Philippines, Equatorial Guinea, Portugal and members of the Sephardic Community. For those who have obtained classification as refugees, five years are sufficient. 65

66 4.1. Apprehensions Apprehension refers to the detection of individuals who are in Spanish territory illegally. There is a constant growth trend in apprehensions in Spain, regardless of the wide variations in year-on-year figures (Graph 4.1) Graph 4.1. Third country nationals found to be illegally present, Source: Eurostat (2008 and 2009) & Ministry of the Interior (D. G. Police & Guardia Civil) ( ) The third-country nationals with the greatest number of apprehensions in Spain (Graph 4.2) in 2009 were from Bolivia (14,155; 15.6% of the total), followed by Morocco (12,925; 14.3% of the total); these are followed by Brazil, Paraguay and Algeria, with more than 5,000 apprehensions each. Apprehensions affect more men (77.0%) than women (22.9%) (Graph 4.3). By age groups, the cohort predominates with 71.8%, followed by the group over 35, 27.7%. Under 18s represent a scanty 0.5% (Graph 4.3). If we compare the distribution of the number of apprehensions by nationality with the number of migrations over the year (Table 3.3) or with the population stock of these nationalities (Table 3.9), we can observe significant differences between countries: in the case of Bolivia, the total number of apprehensions (14,155) is much greater than its migratory weight in 2009 (9,484, or 2.9%) or among the total third country nationals in Spain (208,948, or 6.3%). Morocco, with the highest population of third-country nationals in Spain at 740,819 (22.3%), with 61,766 immigrants in 2009 (12.4%), had 12,925 apprehensions, taking second place on the list of apprehensions after Bolivia and before Brazil, which had 6,530 apprehensions. 66

67 Graph 4.2. Third country nationals apprehended by citizenship, 2009 Others countries 32,8% Bolivia 15,6% Morocco 14,3% China 2,8% Brazil 7,2% Nigeria 3,2% Ecuador 3,9% Colombia 3,9% Senegal 4,2% Algeria 5,8% Paraguay 6,3% Source: Eurostat. Graph 4.3. Apprehensions by sex Source: Eurostat Males Females Comparison of figures for 2008 and 2009 The changes observed in the number of foreign nationals staying illegally are erratic, but the nationalities are the same as in Apprehensions in 2009 were slightly down, by 2.4%, from 2008 (from 92,730 to 90,500), but 24.7% higher than in