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What it is

Rights and legal status of foreigners in Spain

BOE step 7 of 7 · Passed

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 7 October 1999. Introduced by: Comisión Constitucional.

Official title: Private member's bill for an Organic Law on the rights and freedoms of foreigners in Spain and their social integration.

Follow this law

Source: Congreso de los Diputados, file 122/000295· updated 11 Nov

Automatic summary, not yet reviewed

  1. The law defines who is a foreigner (anyone without Spanish nationality) and excludes from its scope diplomats and officials of international organizations accredited in Spain.
  2. It grants foreigners rights equal to those of Spaniards: education, health care, work, Social Security, housing, association, assembly, strike and social benefits. Minors under eighteen have the right to education on the same terms as Spaniards.
  3. It regulates family reunification: a resident may bring over their spouse, minor or incapacitated children, dependent ascendants and other relatives on humanitarian grounds.
  4. It establishes three legal situations for being in Spain: stay (up to ninety days), temporary residence (between ninety days and five years) and permanent residence (indefinite, after five years of temporary residence).
  5. To work, foreigners over sixteen need a work permit or administrative authorization, with exceptions for students, scientists, teachers, artists and other cases. The Government sets an annual quota for foreign workers not residing in Spain.
  6. It classifies minor, serious and very serious immigration offenses, punished with fines, and provides for expulsion from Spain instead of a fine in very serious cases, with an entry ban of three to ten years.

Who it affects

  • Foreigners living in or wanting to live in Spain: Defines their rights, legal situations and procedures for residing and working.
  • Family members of foreign residents: They can obtain residence through family reunification in the cases provided.
  • Employers who hire foreigners: They must obtain prior authorization; hiring without it is a very serious offense.
  • Foreign students: They can reside for study purposes, with limited part-time work.
  • Foreign workers without a permit: They can be punished with a fine or expulsion depending on how serious the offense is.

Words worth knowing

Padrón
Municipal register listing the people who live in a town or city.
Reagrupación familiar
Family reunification: a procedure allowing a foreign resident to bring certain relatives to Spain.
Contingente
Quota: the maximum number of foreign workers admitted each year, set by the Government.
Apátrida
Stateless person: someone no country recognizes as its national.
Tutela judicial efectiva
Effective judicial protection: the right to go to court and have your case decided with guarantees.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced7 October 1999Someone registers the text in the Congreso.
  2. Admitted7 October 1999The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsno dateGroups propose changes.
  4. Committee7 October 1999A committee goes through the text in detail.
  5. Plenary10 November 1999All 350 deputies vote.
  6. Senate25 November 1999The Senate can pass it, amend it or veto it.
  7. BOE22 December 1999It is published in the Official State Gazette (BOE) and comes into force.
See the 7 official steps on a timeline
Oct 1999Nov 199911. 7 October 1999: Presentación22. 7 October 1999: Calificación33. 7 October 1999: Comisión Constitucional Dictamen desde 07/10/1999 hasta 10/11/199944. 7 October 1999: Comisión Constitucional Informe desde 07/10/1999 hasta 07/10/199955. 10 November 1999: Pleno Aprobación desde 10/11/1999 hasta 25/11/199966. 25 November 1999: Senado desde 25/11/1999 hasta 22/12/199977. 22 December 1999: Concluido - (Aprobado con modificaciones) desde 22/12/1999 hasta 04/04/2000

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Published in the BOE: Organic Act 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

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