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Spain: Migrant regularisation hands power to employers

01 January 2005

On 7 February 2005 a three-month period began for immigrants to fulfil requirements to regularise their residence in Spain. The process has been strongly influenced by the government's emphasis on the "underground economy surfacing", in which the objective is not to regularise those migrants living in an irregular condition (1,300,000, according to the government), but rather the regularisation of those migrant workers who are selected by their employers, (everything will depend on the employer because only those migrants with employment contracts will be considered). This situation has made migrant workers dependent in relations with their employers.

Migrant workers are being forced to pay their Social Security contributions rather than their employers. This is particularly the case with those employed in the domestic sector.

The procedure that has been established is undermined by an extremely restrictive interpretation of the norm, particularly with regards to the requirement that the only document that can be used as proof of residence before 8 August 2004 (one of the criteria) is the certificate of inscription in the padrón (municipal register of residents).

This has resulted in a much lower number of applications than was expected. In the first month only 118,000 applications were filed, indicating that the final take-up will be low. Several social organisations have asked the government to make the requirements more flexible. There have been demonstrations in support of this goal. On 11, 12 and 13 February, there were lock-ins by migrants in eight neighbourhoods in Barcelona and Santa Coloma (Barcelona), and at the Pompeu Fabra University (Barcelona). More demonstrations are planned.