The arrest last Tuesday of music producer Nacho Cano, accused of a crime of promoting illegal immigration and violating workers’ rights, has had an impact on Spanish news. And his reaction, accusing the police of being “criminal” and presenting himself as the victim of political persecution due to his friendship with the president of the Community of Madrid, Isabel Díaz Ayuso, has clouded a case that has raised many questions. These are the answers to some of them:
Why did they arrest Nacho Cano like this?
“Nacho Cano was arrested like any other businessman investigated for the same crime, the only difference is that his name is Nacho Cano,” police sources explained. “He was summoned to the police station and, in the presence of his lawyer, his rights were read to him and the reasons for his arrest were explained to him. He was offered the chance to make a statement, but he refused because he preferred to do so in front of the judge. He was then released pending his summons.” Both he and one of his collaborators are being investigated for a crime against the rights of the immigrant population and against the rights of workers.
What motivated his arrest?
The complaint on January 11 by one of the 17 “interns” who were part of the artistic cast of his show Malinche and the subsequent investigation led the agents of the Central Police Station in Madrid to confirm that they entered Spain “camouflaged” as tourists on six different flights from Guadalajara (Mexico), “they were even told to carry a guide to Madrid in their hand”, which only allows them to stay in Spain for a maximum of 90 days, according to the Immigration Law. Two months after arriving in Madrid, they requested a student visa, according to Cano’s lawyer, but the Government Delegation denied it in May, because they did not prove that they were carrying out any kind of approved studies. In other words, they lacked both a student visa and a work contract. At the same time, the agents found that the dancers rehearsed ten hours a day, from Monday to Saturday, in order to be able to participate in the show. They lived in a hostel in the centre in shared rooms with four or five people. They only had a 10 euro daily paid menu (always in the same restaurant). They were given a 20 euro allowance on the weekend and 300 a month, which was later raised to 500. If they wanted to earn more, they had to work at the Canalla bar, after the show. After taking statements from all of them, they concluded that they were unaware of their irregular situation in Spain. “They were deceived,” according to the agents.
Can a district police station make these arrests?
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Yes, it can, both by carrying out the investigation and the subsequent arrests, according to sources from the Madrid Police Headquarters, which coordinates all the police stations in the region. “But in this case, they also did it in coordination with the Provincial Immigration Brigade, which was aware of the investigation and authorized the steps that were taken,” they clarify.
What is the situation for young dancers now?
The supposed “interns” are waiting for the decision on the appeal filed by Nacho Cano’s lawyer against the denial of the Madrid Government Delegation. They are in suspense, in a sort of administrative limbo, but they cannot legally study in Spain or work, because they need a prior permit to do so. They cannot do anything, according to lawyers who are experts in Immigration Affairs and who were consulted by this newspaper.
What does the Government Delegation of Madrid say?
The permits for authorisation to stay for studies in Spain, the granting of which is the responsibility of the Government Delegation, are regulated in articles 37 to 42 of the Immigration Regulations (RD 557/2022, of April 20). There are two ways to apply for them: first, from the country of origin, through the Spanish consulate in that country. In this case, a visa is obtained upon prior granting of the authorisation by the Government Delegation; second, from Spain (specifically Madrid for those who intend to reside in said Community). You must be in a regular administrative situation, for example, as a tourist, and apply during the first 60 days of your stay as a tourist.
There are also two types of studies that qualify for this type of permit: first, studies regulated by the Spanish educational system or the employment system; second, training other than the above, but made official. In some cases, it is possible to work while enjoying this type of permit, with a limitation of 30 hours per week, as long as it does not hinder the main purpose of the stay, which is to study.
There are three types of studies that allow simultaneous work: first, official higher education studies in the Spanish education system; second, vocational training, both in the education system and in the employment system; and three, training that enables the exercise of a profession (regulated professions).
It has been found that many of the people who apply for this type of stay do so in order to work and that they are brought in with this intention by companies, which are hybrid training/employment companies, which distorts the meaning of the permit, since there is another type of residence permit for work in which it is required, among other requirements, that the position to be occupied cannot be filled by Spanish people.
The requirements are otherwise general: they must not have a criminal record in the previous five years, either in Spain or in the countries where they have resided, and they must not have a police record. They must also prove that they have the means to support themselves in Spain, and have their own medical insurance that covers the basic contingencies of the national health system.
Permits are granted for one year, except in the case of official higher education studies in the Spanish educational system, in which case, following the recent Organic Law of the University System, they are granted for the entire duration of the studies. There is the possibility that students may be accompanied by direct family members.
What do Nacho Cano and his collaborators argue?
The former Mecano member has acknowledged that the “scholarship dancers” came to participate in the musical “doing internships, which is something that the law allows.” “We are not talking about bringing workers because they are not working, they are doing internships, but many of them are on stage,” he said. Cano explained that the program was launched last year. According to his version, the Casa de México contacted him offering him three scholarships to MalincheThe producer indicated that he had planned to premiere the version of the show in the Aztec country the following year and decided to expand the number of beneficiaries. “We went to do a casting and we selected some of them so that they would have the opportunity to succeed. From the beginning, they were told that they would come to Spain to train and then act in the musical when it premiered in Mexico,” explained the artistic promoter.
The call was announced in October 2023 and promoted scholarships as an opportunity “to discover and develop the potential of young Mexicans interested in the world of performing arts.” “Those selected for these scholarships will have the opportunity to receive teaching and training in disciplines such as singing, acting, urban-contemporary dance and flamenco,” said the announcement on its website. The scholarship included flights, accommodation and travel expenses for 10 months in Madrid.
Last weekend, a casting call was held at our venue to award scholarships for training in musicals in Spain, by Malinche, the musical by Nacho Cano.
Talented artists paraded before a panel made up of figures such as Nacho Cano and Andrea Bayardo.
🧵👇 pic.twitter.com/Q6IIKhsDQ5— Diana Theatre (@teatrodiana) October 31, 2023
“The money for this project comes from Malinche and guarantees students accommodation, food and expenses,” he clarified. Regarding the legal situation of the dancers, it was Cano’s lawyer who stated: “They do not need a visa to enter the Schengen territory and for the first 60 days a stay for studies was requested in a timely manner. This documentation included the registration of an approved study center and a medical certificate. All this documentation is waiting for the Government Delegation to resolve and we all know that these resources are overwhelmed,” said the lawyer. “All the people who are hired as interns are legally in Spain and have requested their study stay permit in a timely manner,” he insisted, to later recognize that the files have not been resolved yet. “From there, they are waiting.”
Who has given the dancers scholarships?
The Casa de México Foundation Spainwith which the agreement for the training stay was supposedly signed, explained this Tuesday in a statement that there were only three scholarships linked to Jana International School of Performing Arts, which collaborates with MalincheFor its part, the Mexican Embassy said that the scholarships are exclusively for Nacho Cano, despite the fact that it hosted the presentation of this scholarship program in one act The ceremony, which took place in December, included talks about 20 students who would be trained on the stage where the musical is performed, at Ifema, and specified that the training would be provided by members of the current cast of the musical. At the ceremony, held in December, it was explained that the scholarships were possible thanks to the financial support of private sponsors.
This program is run by Susanna Jove, the production manager of the play. However, the embassy pointed out: “The Embassy had the honor of receiving young Mexican talents in a special ceremony. These actions reflect our firm interest in consolidating the ties between both nations through education and cultural exchange. However, beyond this formal act, the Embassy was not involved in the design, granting and operation of this program.” Regarding immigration procedures, the Embassy argues that they are the responsibility of the Spanish government.
What is Jana, the school that trained immigrants?
The Jana International School of Performing Arts is a company founded JANA was founded in 2000 and, as she explains, teaches 3,000 students each year in different programs in Spain and abroad. “Among the many agreements signed with different production companies or universities to train students, JANA has collaborated in the training, in Spain, of students from Malinchedesigning the learning program in the modules of singing, acting and dance,” the company responded to this newspaper. Currently, Jana Producciones is providing training to 17 students of Malinche in a “self-certified” course.
Regarding complaints related to immigration status and working conditions, the school claims to be unaware of “any issue other than the pure and strict training of students in the subject of performing arts.”
The School was not in charge of immigration procedures. At least in the case of the alliance with Fundación Casa de México, it explains to those interested in requiring a visa that they will be given “legal advice” for the process, but that it is “the responsibility of the interested party to comply with the necessary requirements and documents.” Fundación Casa de México has assured that the three students who benefited from its scholarship program “comply with all legal requirements.”
What’s next?
The complaint against Nacho Cano is in the hands of the 19th Court of Instruction of Madrid, the same one that is investigating Alberto González Amador, partner of the president of the Community of Madrid Isabel Díaz Ayuso, for alleged tax crimes, according to information from Efe. The judge, according to the agency, received the police report on Wednesday with which she will begin an investigation.
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