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Spain: New Aliens Law comes into force

01 January 2000

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On 1 February the new Aliens Law came into operation, having been adopted in December despite the opposition of the (conservative) Popular Party (PP). The PP has promised to amend the legislation if it wins the parliamentary elections in March. The Law requires the government to set out a procedure whereby foreigners who have lived in Spain since before 1 June 1999 can obtain legal residence, if they can show that they have applied at least once for a residence or work permit, or have held one within the previous three years. It is expected that the regularisation process will run from late March until the end of June. Under the previous 1985 Aliens Law there were three processes of special regularisation, in 1986, 1991 and 1996.

The new law also envisages a method of dealing in the longer term with the issue of regularisation, by granting temporary leave to remain to any foreigner who completes two years' uninterrupted residence in Spanish territory, is registered with their local authority and has sufficient means.

In an early application of the new law, the authorities have released a large number of immigrants who had been detained in holding centres with a view to deportation. Those affected were detainees who no longer meet the criteria for expulsion.

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