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Irregular immigrants with families to be prioritised in Spain’s drive to legalise undocumented workers

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FAMILIES with children, asylum seekers and vulnerable immigrants will be prioritised in the Spanish government’s move to legalise thousands of immigrants.

The popular legislative initiative (ILP), seemingly stalled in Congress over the last three weeks. Yet, on Tuesday, the Secretary of State for Migration, Pilar Cancela, met with several parliamentary groups to finalise the ‘extraordinary regularisation’ blueprint.

READ MORE: Spain’s parliament moves to legalise nearly half a million undocumented workers

This fine print details the general requirements immigrants must meet to be able to benefit from the law. This includes that immigrants must have been residing in Spain before March 31 this year, and have lived in Spain for at least one year before applying; have no criminal record; pose no threat to public order; and are not facing a non-return order.

Alongside these general requirements, at least one of five specific conditions must be met.

The first condition is one of ‘flexible’ employment. The immigrant must have prior employment in Spain or an offer of future employment on the table.

The second condition is that the immigrant is a parent or grandparent of children enrolled in school or dependent adults. This will then capture the children as well, who would subsequently gain residence from their parents.

A third condition captures those who are ‘particularly vulnerable,’ such as being unemployed, or working and exposed to exploitation.

The fourth condition is for those individuals who have requested international protection before March 31. The immigrant can only have one application for regularisation open.

The last condition considers asylum seekers, specifically those who have requested protection in Spain out of fear of persecution in their home countries, yet their application has been denied. These immigrants are most affected by the new immigration requirements that were enacted on May 20.

Those new regulations were meant to streamline immigration applications, but in reality, some immigration experts have argued that thousands of people, including asylum seekers, will fall outside of the law and be forced into hiding.

The definition of the profiles has been met with political resistance. The left-wing groups want the requirements to be minimal, but parties such as the PP and the Basque National Party want stricter rules, such as requiring immigrants to already have employment contracts.

More specific requirements are still to be defined, including what documentation the immigrants must submit to demonstrate they have met the regulations.

It’s hoped these talks will push the initiative forward before summer recess, but there are still questions on whether it would reach a parliamentary majority when it comes to the final vote.

Spain has previously legalised undocumented migrants through the extraordinary legal process. More than 22,000 migrants were regulated by the Government in the months following the devastating Valencia floods on October 29.

READ MORE: Spain will give work permits and residency to thousands of illegal migrants

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Bodies of migrants are increasingly washing up on Spain’s Balearic shores – 320 deaths estimated so far

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MORE than 320 migrants have lost their lives trying to reach Spain via the Algerian Route between January and May, their bodies increasingly washing up on the shoreline of the Balearic Islands.

The Government Delegation in the Balearic Islands recorded at least 32 bodies discovered last week. 

READ MORE: Spain’s population soars to 49 million following immigration surge

The Balearic Islands are one of the main destinations of the Algerian Route, the second deadliest migratory route in the world, after the Atlantic route. 

“One of the most alarming factors identified along this route has been the lack of early activation of rescue resources in response to alerts, as well as the limited coordinated intervention of aerial resources to detect vessels in emergency situations in a timely manner,” Caminando Fronteras said in its recently released report, Monitoring the Right to Life on the Western Euro-African Border.

Another issue is the lack of coordination with Algerian authorities, which results in many disappearances going unrecorded; a pattern of ‘invisible mortality.’

The humanitarian organisation believes many migrant shipwrecks occur close to the coast, and more efficient maritime or air rescue intervention, could have ‘made the difference between life and death.’

“This situation raises urgent questions about why these people were not detected and searched for in a timely manner, despite the warnings received,” the report stated.

Historical data states that more than 2000 people have died or disappeared along this route over the last five years, with each year seeing an increasing number of deaths.

There has also been a shift in the profiles of those attempting to use the Algerian Route – with an increase in Somali nationals.

Caminando Fronteras said these people could be displaced from political crisis’ and internal violence from the Horn of Africa to the Maghreb region in Algeria.

Passengers pay between 2,000-4,000 euros for a place on usuall, a small, and inaquately prepared, motorboat for the crossing, according to InfoMigrants.

Caminando Fronteras said, overall, an estimated 1,865 people died trying to reach Spain via the Western Euro-African border in the first five months of the year. This included 342 children.

READ MORE: Ukrainian refugees are biggest foreign group with double the number of British expats in Costa Blanca tourist city 

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Spain Leads The EU In Rejecting Asylum Seekers – And Now Receives The Second Most Overall – Olive Press News Spain

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THE European Union received one million applications for asylum last year, with Spain receiving the second highest number of those requests for international protection.

Yet, it’s also the EU country which rejects the most applications.

Asylum was granted to 18.5% of the 167,000 applicants in Spain last year, an increase of 6.27% compared to 2023, according to the Spanish Commission for Refugee Aid’s (CEAR) annual report. 

READ MORE: Moroccan border guard at Spanish enclave in Africa seeks asylum in Spain

However, only 6.6% of applicants were given refugee status, whereby they will not be forced to return to their home country due to legitimate fear of persecution. 

“The level of protection offered by the Spanish state remains the lowest in the EU,” the report said.

The number of asylum applications increased by 2.5%, with more than 240,000 applications awaiting a decision from the Asylum and Refugee Office of the Ministry of Interior in 2024. 

Although 96,000 of those were resolved – the highest ever – CEAR said the effort did not have a ‘significant impact’ overall, with applicants often waiting for years in limbo for a response. Each year, the number of cases to process adds up from years previous.

Director General of International Protection Octavio Rivera said the increase in applicants was slowing down the process, yet efforts had been made to shorten the timescales through new departments and 200 jobs being created in the past two years.

“We are confident that we will gradually reduce the number of pending resolutions,” he said.

However, CERD President Carlos Berzosa has ‘denounced’ the ‘persistent difficulties in obtaining appointments to submit asylum applications. 

The main arrival port for asylum seekers in Spain is Madrid-Barajas Airport, with most applicants arriving from Africa or Latin America, specifically Venezuela and Colombia. The two latter nationalities represented two-thirds of asylum applications lodged last year. Latin Americans are allowed to travel to Spain without a visa. 

Spanish airport authority AENA has tried to crack down on the number of homeless people at Madrid-Barajas in the last month however, with many of those sleeping rough being asylum seekers.  “They have had to face overcrowding, unsanitary conditions, and a lack of adequate means and conditions to formalise their applications,” Berzosa said.

According to the organisation InfoMigrants, around 96% of Venezuelan and Colombian applicants were not recognised as refugees last year.

Many African asylum seekers will also travel via boat to the Canary Islands, with record arrivals in 2024. With approximately 47,000 irregular migrants arriving to the islands last year, border guard agency Frontex said the West Africa to Canaries Atlantic route was the EU’s busiest migratory route.

It’s also the most dangerous. Caminando Fronteras reported around 10,000 deaths or disappearances along the sea route. In Janaury this year, as many as 50 people died into the 13-day voyage.

Displacement in the Sahel region, caused by precarious political instability married with a tough economic landscape and a worsening climate crisis, saw an increase in Mali nationals applying for asylum in Spain last year to 17,000. Asylum applications from Senegalese nationals also doubled to 14,000. 

The average recognition rate of asylum requests in the EU is 46.6%. Germany remains the EU country receiving the most asylum applications each year. It currently hosts more than 2.7 million refugees.

READ MORE: Irregular immigrants with families to be prioritised in Spain’s drive to legalise undocumented workers

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