Immigration procedures in favor of Venezuelan nationals

 

 

Spanish immigration regulations require, within the framework of the different procedures and among the different documents that must be provided, the passport as a form of personal identification. Said passport must be valid and, in certain cases, a certain minimum validity is required. 

 

This is stated, as an example, in article 39.2.a) of the Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011, of April 20, in relation to the procedure for authorization of stay by studies (you must provide a “valid passport or travel document, recognized as valid in Spain, with a minimum validity of the period for which the stay is requested”), in article 48.2 a) in relation to the residence authorization non-lucrative (the application must accompany (…) “a valid passport or travel document, recognized as valid in Spain, with a minimum validity of one year”), in article 56 as a document that must be provided by the regrouping party and the regrouping party in article 67 in the framework of residence and work authorizations as an employee and 106 for self-employment, or in article 88 in the framework of a blue card. For its part, article 149 also requires the presentation of a valid passport for access to long-term employment. 

 

Likewise, the regulations require the presentation of a valid passport to request renewals (for example: article 51.3 regarding the renewal of the non-profit residence authorization, article 61 in renewals of authorizations for family reunification, article 150 in the long-term framework) as well as to obtain the foreigner's identity card. 

 

For its part, article 8 of Royal Decree 240/2007, of February 16, on entry, free movement and residence in Spain of citizens of the Member States of the European Union and other States party to the Agreement on the Economic Area European, provides, for the application for a family card for a Union citizen, the presentation of the applicant's valid and current passport, although, unlike the general immigration regime, it enables a way so that in the event that the document is expired, said card can be requested and a “copy of it and the renewal application” must be provided. 

 

The impossibility of requesting authorization or its renewal with an expired passport is generating a kind of unexpected irregularity among citizens of Venezuelan nationality since, in practice, it is being impossible for them to access these procedures because they cannot renew their passport. , once its validity has expired, through the consular services of their country located in Spain, which would require them to return to their country and, once there, proceed to renew it. 

 

The Judgment of June 26, 2018 of the National Court (AN) provides an important change in criteria when it comes to providing a solution to this situation. The AN takes into account the recommendation made by UNHCR on March 18, in which States are urged to guarantee Venezuelans labor migration mechanisms so that they are not forced to return to Venezuela. Neither irregular presence nor lack of identity documents would be seen as a valid reason to deny access to legal residence. 

 

In the Judgment, the AN, taking into account the recommendation of UNHCR and the situation that exists in Venezuela, changes the criterion maintained until that date and grants the appellants residence authorization for humanitarian reasons. 

 

Taking into account, therefore, the UNHCR recommendation as well as the ruling of the National Court and the best interests of the minor, in those cases in which they intervene, these management centers in exercise of the powers attributed to them respectively in article 4.1 .b) of Royal Decree 903/2018, of July 20, which develops the basic organic structure of the Ministry of Labor, Migration and Social Security and article 3.3.d) of Royal Decree 952/2018, of July 27 July, by which the basic organic structure of the Ministry of the Interior is developed, dictate the following Instruction. 

 

ONLY. 

 

For the processing of any of the authorizations and permits provided for in the immigration regulations, as well as for the issuance and delivery of the foreign identity card, the presentation of the passport will be admitted, if requested on behalf of Venezuelan nationals. timed out. 

 

The provisions of this instruction will apply exclusively during the time that the extraordinary circumstances that give rise to this instruction persist. 

 

Madrid, February 15, 2020