The Council of Ministers has given green light to an extraordinary regularization to which thousands of people without papers affected by the DANA can be hosted, after more than three months in which these migrants faced greater obstacles to get ahead after the flood without being able to access to state emergency aid.
The initiative is part of a broader package of measures with which the Ministry of Inclusion intends to prevent foreign persons affected by the DANA “to suffer greater vulnerability” due to problems linked to their administrative situation, so it also includes automatic extensions of some authorizations of residence and work, to prevent thousands of affected from falling in hiding because of the consequences of the storm.
“The Government is aware that the devastating consequences of the DANA can make it difficult to comply with the requirements required in current regulations of foreigners, a situation that generates legal insecurity for both affected foreign persons, and for employers and other social operators and economic, ”they defend ministerial sources. The ELMA SAIZ portfolio figure in at least 25,000 people the potential beneficiaries of these measures, according to their calculations made through the records of the INE collated with the foreigner offices of the affected areas.
Extraordinary regularization will particularly benefit migrants without papers that can demonstrate that they lived in the municipalities affected by floods, as well as their relatives. The first information about the measure, advanced by the country, pointed to the requirement of the registration to access these aid, a requirement that could leave behind hundreds of affected of the DANA who lived or worked in the municipalities flooded but did not achieve Register in the register due to the obstacles with which they are usually for it. However, from the department led by Elma Saiz they have not clarified whether this will be the only formula to prove their residence in the area.
According to inclusion sources, they will be able to access a residence authorization for “exceptional circumstances out 2024 ”. In general, the permit will be valid for a year and enable these people to reside and work in Spain; But if they are foreign relatives of fatal victims of the DANA, the authorization of residence due to exceptional circumstances survey will be valid for five years.
To request this, the potential beneficiaries must request it within a maximum period of 3 months from the activation of the instruction. When they expire, people may request the passage from this authorization to another of the ordinary authorizations.
This regularization is marked in a broader package of measures to “guarantee legal certainty” to foreign persons and employers in the municipalities affected by the flood, which also includes the systematic extension of the residence permits and work of the victims of floods. “The main objective is to protect in situations of maximum vulnerability and prevent foreign people from being in a situation of irregularity overcome,” they say from migrations.
In this way, inclusion will renew and renew automatically, upon request in the Office of Aliens, the authorizations of stay by studies and the temporary authorizations of residence and/or work whose validity expires between July 30, 2024 and April 1, 2025 to foreigners residing in the municipalities affected by the DANA. They can only be denied for reasons of public order, security or public health, according to the same sources. In this case, the request must be submitted, 60 days before the permit expires, or up to 90 days later
The Government is aware that the devastating consequences of the DANA can make it difficult to comply with the requirements required in current regulations of foreigners, a situation that generates legal insecurity for both affected foreign persons, and for employers and other social operators and economic.
The obligation in residence and work authorizations is also eliminated, which would have already been granted, but depending on being registered in Social Security. “Understanding that some employers have not been able to complete the procedure as a result of the DANA, and to prevent the foreign worker from falling into the irregularity. That is, these authorizations are valid from the time of their resolution by the Foreigner Office, without the discharge of the working person in Social Security, ”says inclusion.
Finally, all requests for authorization, renewal or extension of residence and work that were in process when the Dana happened and, as a consequence of the natural catastrophe, would have stopped meeting any of the requirements, will be resolved in a favorable way.
Oxfam Intermón estimates that between 28,000 and 41,000 migrants in an irregular situation were affected by the DANA and cannot opt for state aid, which pushes them to a situation of extreme vulnerability. The NGO has positively valued the government’s decision to “activate a package of measures to respond to the situation of thousands of migrants residing in the municipalities affected by the Dana.” However, he warns that the registration requirement can leave hundreds of excluded people due to the defaults found by migrants to carry out such procedure.
“It is very possible that migrated neighbors residing in those municipalities when the Dana were impacted. It is necessary to make this administrative requirement more flexible so that it is not the only way to demonstrate that they resided or worked there and that they have been affected, ”explains Raquel Checa, responsible for the zero inequality program of the NGO.
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