Archive the cause against Nacho Cano for the fellows of ‘Malinche’

Open research against Nacho Cano Due to the employment situation of the Malinche ‘musical fellows, it has been filed by the Provincial Court of Madrid, which corrects the instructor magistrate at the conclusion that the businessman and musician did not enter fellows in Spain camouflaged as tourists to work in his musical: «They have not tried to introduce Mexican citizens clandestinely with an alleged entry as tourists with the intention of remaining in Spain of foreigners, ”explains the court.

The Provincial Court Judgment that having instructed the fellows to enter Spain as tourists and not as students or workers, “is a non -unusual procedure assumed by the regulations of the European Union”, since it is allowed to “enter as a tourist without the need for a visa and, once in our country, request the visa for students.”

The judge’s car, to which ABC has had access, concludes that “the appeal filed by the procedural representation of Don Ignacio Macarena Cano Andrés, Mrs. Roxana Gabriela García Drexel, Mrs. Cristina Carmiñe Duato de Salazar and Doña Susana Jove Franch against the order issued by the Court of Instruction number 19 of Madrid in the previous diligence 2001/2024 and The dismissal of the case is agreed, declaring ex officio the coasts caused in this raised », a resolution against which there is no appeal.

As can be read in the car, the judges have estimated that “those responsible for the musical Malinche opened a system of scholars They do not need a visa for studies since Mexico is excludedof said obligation Under the regulation of the European Parliament and the Council of November 14, 2018 that establishes the list of third parties exempt from said obligation ».

Likewise, it is noted that «the authorization of stay for studies of less than 90 days does not even require the specific visa application of studies, being able to carry out the training activity during the validity of the visa of stay such as the Schengen visa that is the same as tourists use. In this sense, the car erroneously interprets what is acted as it indicates that the alleged fellows received instructions to impede through tourists when they reached the border post and their true destination is faldered, and it is subsequently when authorizations of stays are requested by studies, which were denied for not accrediting that the studies subject to authorization to conduct the obtaining of a title or certificate of studies ».

The Provincial Court document includes that the request for stay by studies in the Spanish territory is protected by the EU Directive 2016/801 of the European Parliament and the Council of May 11, 2016 incorporated the internal system by RDL 11/2018 of August 31; and that the authorization to remain in Spain for a period not exceeding 90 days is also collected in the 4/2000 of January 11 in its article 25bis f) that includes the so -called Visa de Estudios and in article 33 it refers to the activities that must have the purpose.

“In this case,” says the judge, “Mexican students arrived in Madrid on different dates of December 2023 and in January 2024 the requests for stay for studies at the JANA school that were registered in the Government Delegation complying with the term requirements with the corresponding documentation took place. The application was denied based on considering that it has not been proven that the studies under request lead to obtaining a title or certificate of studies when considering that the Jana School is not regulated or approved, which contradicts article 37.1 of the Foreigner Regulation that does not require the training to be regulated or homologated ».