Answers to your questions about the regularization process (III) 17-02-05

Answers to your questions about the regularization process (III) 17-02-05

Answers to your questions about the regularization process (III) 17-02-05

María Martínez, lawyer of ATIME (Association of Moroccan Workers and Immigrants in Spain), has answered the questions you ask through our website.
 

P – Hello! Regards, my name is Milena, I am Colombina and I have been in Spain for one year and 3 months. I registered in Granada on July 5, 2004, then I went to Huelva and I registered at my mother’s house on August 25. Right now I am in Granada again, but I have a doubt. If I registered in Huelva, does the date of my first registration disappear? Because the paper shows that I am discharged since August 25, 2005. I still have the Granada registration certificate, but it tells me that it is expired. What should I do? MILENA
R – Milena, statistical data of the enumeration do not disappear. Go to the City of Granada and ask for a historical certificate, that is, the antiquity. Also present the one from Huelva and the current one so they can see that you have been here continuously. Greetings and luck!

Q- I have an internal girl working in my house since February 2004. She registered on August 18th. We want to regularize the papers. We can certify that she has been living at home since then, since we registered her with private health insurance. Is there something to do? Even if the certificate is out of date, will I be able to deliver the papers? Thank you very much. GLORY
A- No, regretting it a lot will be inadmitted to processing and should be resorted with all the documentation. For now I can not tell you more. a greeting

 

 

P- I have been registered since 12-07-2004. I went to my country for personal reasons, for 2 months. I returned and I want to regularize my papers. I have all the requirements requested. I want to know if that exit causes me any impediment to carry out my regularization, thanks ZAIDA IBARRA
A – Yes, a continued stay in Spain is required, I think I have already commented some of this in another message. You have to reflect on what you are going to do. Luck.

 

P- Greetings, my name is paula. I would like to know if I am registered in Madrid since July 7, 2004 and right now I am in Malaga and I am registered here since August 15, 2004, if the date of my first discharge disappears when I register in Malaga? And what should I do? Another thing, I’m going to return to Madrid because there they are going to make my contract. Should I register in Madrid again? Thank you, I await your response. PAULA
R – Yes, Paula, you have to get a historical census from Madrid, another from Malaga and re-register in Madrid (for the police when you have to apply for residency). The application is filed in the province of the workplace. Luck

Q – I wanted to know what stamps my criminal record needs. I am Bolivian and they told me that I no longer need the seal of the Spanish consulate in my country. RICHARD
A – It is true, Richard, they should not seal it in any Spanish institution, only in the Bolivian Ministry of Foreign Affairs and in the Bolivian Consulate in Madrid.

 

Q – My boss does not want to present the IRPF or his last 3 payrolls. Instead he wants to give me a paper issued by the bank that says: “dña .——, is a former client of our Bank who is solvent and fulfills his commitments whose trajectory in his years of relationship with our entity has been correct in every moment. ” Is it valid for the accreditation of economic solvency (for domestic service)? LIZETH
A – Well, Lizeth, the truth is that you do not need to present solvency documents to apply, although they are available to the administration to present what they require. On the other hand tell you that the solvency certificate is very old and is no longer valid in itself, only if it accompanies the payroll or income. regards

P – Thank you for your attention. I was registered in Spain from 10/22/02 to 5/06/03. By administrative error it appears as a reason to leave that I return to my country, but I stayed in Spain. And now I am registered since 9/11/04. If the stamps of this supposed departure from the country do not appear in the passport, what can I do? How can I justify my stay here? RACHEL VÁZQUEZ
R – Raquel, try it, you have nothing to lose and I see that you have an opportunity, even if it is a means of recourse. Luck

P – I am married to a Spaniard and I have been living here for 3 years. My sister (of legal age) wants to come to work as a domestic worker. Can I hire it or is it better that my father-in-law does it? And what is better, a contract as a natural or legal person? Thanks in advance. ZORAIDA
A – If your sister is not in Spain you will have to show that there is no one standing in that category of work in her province. This is done in the INEM or through some lists that will come out with jobs that are difficult to occupy. Anyway, if there are people in unemployment will be denied inevitably. regards

 

P – Thank you in advance for your kind cooperation. My situation is as follows: I have been in Spain for 4 and a half years, registered 3 years ago, but my stay has always been “student”, I studied a master and now I “work” as a researcher at the UA. Can I opt for standardization? Do I have to follow the same procedure that all or the students have a different regime? Thank you again. GILBERTO
A – I insist on requesting a modification of student permission to work permit now that that option exists. The normalization process … the truth is that we have not been told no, but also not, so right now I can not tell you in what cases it will be granted and in what cases it will not. Have a little patience and everything will be clarified. Luck.

 

Q- Hi, I am a foreigner, from a country that only (2004, May) entered the European Community. I do not know where to start the process, what is the first step: enumeration / NIE … etc. Everyone says different information. I have been working for 5 months, since the beginning of September. The company tells me that it gives me the contract if I have the necessary papers. Where and how to start? Thanks for your reply. KATALIN KUSTER
R – Let’s see, the new community members without the right to free movement of workers until May 2006 can have a community card and then change it to a work permit by general regime. You also have guaranteed access to standardization as long as you meet all the requirements. It’s up to you. Greetings.

 

Q – Hi, my husband has been here for 4 years and he has been denied the papers 3 times and 2 years ago we are married. I have permanent residency and we put it back in our place, must we present them again for this regularization or do we expect them to respond? Thank you very much. MARIA ELENA
R – Rooting, if done correctly, will be granted; standardization, if it meets all the requirements, too. It is best to wait a bit to see how everything turns out. If they take a long time to resolve, as granted by the subsequent procedures for the residence … wait a bit to decide given that both ways will be granted. Luck

 

Q – Hello, greetings to all the people who are helping us in this process of normalization. My question is this: I have been three years and eight months, I have all the requirements that the law establishes but my doubt is that they ask me for a certificate of criminal record in which all the required stamps are recorded, since I am from Ecuador, but my Question is if it is necessary to have the stamp of the Spanish embassy of my country of origin (…). I am very grateful for your help and thank you very much. WILMER
A – No, Wilmer, you do not need to have stamps from the consulate of Spain, Ecuador must only seal by the Ministry of Foreign Affairs and it is already valid. Thank you.

 

Q – I agree with the regularization of immigrants. I am a saleswoman and I would like to know where I have to present myself to regularize. I work from Monday to Friday from 8 in the morning until 16, thanks. CARINA ARESI
A – Well I do not know, Carina, you do not tell me in what area you live or anything, you can check the receiving offices at www.mtas.es, the offices open from 4 to 7 from Monday to Thursday.

 

Q – Hello, my name is Javier Niño, I am a dental clinic assistant, oral hygiene assistant and dental technician. All this I have studied in my country, Colombia. I wanted to know if I was hired as a clinic assistant with knowledge of dental prosthetics I would have to approve the title and where I would have to do it and how. Thank you. JAVIER CHILD
R – Javier, the homologation should consult with an education technician, since I do not know anything about the subject. If you are going to submit a contract that needs a qualification determined by a title, it must be approved. Honestly, it does not give you time because I think it takes about a year to approve, it is better that you get an apprentice contract or something that does not need a title and when you homologate it, you get upgraded. regards

Q – Hello, my name is Juan Castillo, I would like to know if my boss makes me a contract as a delivery boy and my driver’s license is Colombian, I would have to approve this license and how can I do it, thanks JUAN CASTILLO
R – Juan, you can not make a driver’s contract because you do not have a license and even the residence you will not be able to exchange, so I’ll make a contract for you or of another thing and when you have the residence, you ask for the exchange of the driver’s license and when you have it, it makes you driver’s license.

P – Work as a domestic worker in 2 residences, one of my employers has registered me since July with him, what happens is that I am living in his house, I want to know how I can regularize my situation, since I work and live in your residence. I also work in another residence for 15 hours, totaling 30 hours a week (…) Thank you for this space SONIA MARÍA PINTO
A – There is no problem to regularize, do not worry, Sonia Maria.

Q – Hello, greetings, my situation is this: I am married, my wife is Colombian illegally, she is three and a half years old here in Spain, I want to know if it is true that she has to go to Colombia for the visa or what possibilities There is that I get the papers by arraigo. Another question, has an 18-year-old daughter who also does not have papers, what could we do in this case? I thank you and I await your response as soon as possible. HECTOR MORALES JUÁREZ
R – Hector, if you have papers, there is no problem for the attachment of your wife and daughter, as long as they have a job offer. Greetings.

Q – Hi, I would like to know if there is any difference between a work permit obtained through a company offer and a work per hour offer; and another thing, if this last type gives right (after a few months or breaking the employment relationship) to work in another area. Greetings and continue like this. FILUS
R – Filus, there is no difference in the type of permit, but each one of them will be restricted to a different work environment and you can not work on anything else until the next residence. Luck

 

Q – I got the card with temporary residence permit, valid until December 2, 2005. I would like to know what requirements I would need to register for social security, or I would have to present as those who do not yet have papers . ALBERTO BAIDAL SÁNCHEZ
A – You have to present the offer to modify the work permit, you do not need to be present in the regularization. regards

 

Q – I have a girl in my house 7 hours a week who tells me the following: another of the houses where she is going to work is willing to fix the papers but my surprise is when that person requires us to give name and DNI, my question is, should I agree to give my information? For what purpose does another person want my data? ANGELS
A – No, you only have to give it to your employee, the others do not care if she works with you or not, or who you are. regards

 

Q – It is necessary to request an appointment to present the documents, I will be regularized by means of a construction company. DIEGO

R – Diego, depends on many things: from the province etc. In Madrid, in the INSS offices, I know that they give appointment, but in TGSS, that is, treasury, They give number as in the fish market. In the Social Institute of the Navy I have no idea.

 

Q – My question is this: being a grandson of immigrants, since my grandparents did it to Uruguay, and son of a Uruguayan Spanish national, what steps do I have to follow in order to obtain nationality or at least a residence permit to be able to get a job without problems, both for me and for my employer? from now on, thanks for the help and luck for those who are after theirs. VICTOR
A – Well, man, it depends on how old you are, If you are under 21 years of age, you could have a community card but, if not, a work permit and normal residence, even if you prefer to be the son and grandson of Spaniards. In any case you need to come with a residence visa, if you meet the standardization requirements, introduce yourself and you save a trip. regards

 

Q – Hi, I have a question about this process. I only have a resident permit and I have a job offer; I would enter this regularization or it is only for those who do not possess any document. I would like to know what my procedure is. Thank you. JOSÉ RÍOS
R – Jose, although this is not definitive, in principle the normalization is for irregulars (they can change criteria), so you have to apply for a work permit in the normal way. regards

Q – For my husband, I have residency due to exceptional causes, I am working without permission, how to do my work permit? If they tell me that I can not apply with the regularization. Thank you DELIA VILLACRES
R – Delia, you have to tell me if you are in Madrid because the modification here is simple, only the passport, the permit and the ID of the boss without an appointment are presented and the answer is obtained in a month. regards

P – I have been here for more than three years, I got married here with one of my country that has papers. We have a 2-year-old daughter, I work as an interim and my boss is going to make me the job offer and I’ve seen that I’m pregnant again, there is a problem if she makes me the contract while she is pregnant. I already have 3 months thanks KATTY
A – There is no problem, as long as you are discharged within one month of the arrival of the concession letter. If you are not registered, you will lose your permit, luck.

QUESTION: I would like to know if those who do not enter the regularization process will be able to legalize their stay in Spain later and if there is the possibility of those who present their documents to be regularized, the papers will be denied – DIANA.
ANSWER: Diana, the truth is that when the process ends it will be very difficult to regularize if you do not have direct relatives, in fact practically only the way of the roots is left to regularize and it is not easy either. My advice: if you can present now.

Q – I wanted to know exactly what employer documentation has to be provided in the case of discontinuous permanent workers. Thanks Maria
R – Maria, you only have to present the certified copy of the DNI if the employer is Spanish or the residence and passport case that is foreign, the certification is done in the notary, before a public official or simpler, if your bosses They leave your original documents to you, the official who receives the file will certify it. Good luck.

Q – Lawyer What do I have to do if I have a contract for domestic work for 4 hours a day and another for 4 hours more in the afternoon but for a company? I’m very confused – CINTHYA
R – Cinthya, you can not present the two, as I understand why they correspond to different social security schemes, but do not worry because you can only submit one if they make a one year contract instead of six months. You must choose the one that suits you best. Greetings.

Q – My question is how many days it takes to inform the employer in order to present the contract, because of the issue of regularization (…) Some people say that they take 2 months and yesterday they did not want to hire me because the manager has I told the employer that it would take me two months to be able to register for social security and it seems an excessive thing. If this were the case, something would have to be done because nobody else would want to hire people (…) – OMAR
R – Omar, the registration in Social Security is done when the letter of your papers arrives, they can not hire you now when everything is in order and, honestly, I do not know how long it may take. They say it’s going to be very fast, but when I see it, I’ll believe it. Greetings.

Q – Hello: I have been working in black for two years in Spain, but I did not register. I keep a ticket from the supermarket over a year ago. Could you replace this document with the registration certificate? – JAIRO
R – No Jairo, no document can replace the census. Maybe in the way of appeal more evidence may be presented but your request will be inadmitted to processing. Anyway, I do not think a super ticket will work for you alone, you’ll have to look for plane tickets, an entry stamp in your passport … Courage and luck.

P – I am here a year and a half with permission to stay (student’s family). I have been registered since September 2003. I have a job offer. Can I present my papers for this regularization? – MARTHA
A – Wow, Marta, your situation has never been raised, I think you should try if you meet all the requirements, but you must renounce your student card.

P – In the application there are 8 boxes to fill in the passport number and many Ecuadorian passport numbers have 10 digits. Should it be filled in on the side or should it be done?
A – José, I’ve already checked what you say, do not have a problem and continue putting the numbers next, the important thing is that the data is good (I hope the software to record the applications does not have this problem)

Q- Hi, I want to make an appointment with you to present the papers because I am going to make a child care contract – SOUMAYA
R – Soumaya, you can come without an appointment, you can check the address at atime.es. Just tell you that we do not present documentation only inform and guide workers and employers in this process, the advice is completely free.

P – Hello! I am writing to you because I am a little lost. My boyfriend has been living in Spain for 6 years, with his father, who has residence and work permits. Currently he has to renew the permit for arraigo in Móstoles, but the one who attends him in the office refuses to take the documents and tells him that he needs a work contract.
Is it true that you need a contract? Can not renew the residence permit by arraigo? What can you do when the official refuses to admit the documents? Thank you very much for your help – IRENE

R – Hello Irene, I suppose there has been a misunderstanding between them. What he wanted to say is that with the offer he can get the authorization to work. Anyway to renew the roots you must maintain the circumstances that motivated the initial concession and the offer is one of them, it also depends on whether you are a young person or already an adult in which case there comes a time when you no longer renew residences without work . In short we would have to see many things to give you a more concrete answer. Greetings.

Q – I am in Spain since May 13 for family reunification and in the ID that has given me says: temporary family reunification does not authorize work, what should I do in my ID to authorize me to work since I am here with my two children who are studying and I would like to contribute economically in my home – CARMEN
A – Well Carmen, you can apply for a work permit with the job offer for the general regime. The application must be made by the employer in person and the documentation varies according to the type of work, domestic service or company. Greetings.

Q – I have the residence in process but it takes me a long time and I want to join this new law. I have been registered since November because I found out very late. I want to know if the documents that are in process are good proof that I have been for 2 years – LEONARDO
A – Leonardo, to advise you well you should know what you are doing, to know if it is viable or not. In the latter case you would have it difficult because in the process of normalization they require census registration. Greetings.

Q – I am registered since before August, which is why I have no problems, but my concern is that I was on vacation in 2004. Will I have any problems with it? Also, I must travel again in March for 15 days (I guess I have put my papers before this trip) will there be any problems on my return if I have left the country in this period when my papers are in process?
How long should I stay in my current job? Should I stay in it for 6 months or can I change places? (I speak whenever I’m “contributing” to social security even if I’m in another place of course) And finally, what would happen if before the year I leave for a while but I keep contributing from outside and from my pocket? (All this would be after six months and before the end of the year) Well, finally thank you very much for answering these questions, the truth is that having found this page was like seeing a light in the dark, thank you very much! – LIS
A – Well the questions you ask me are pretty tricky. In short, the process is for people who are registered here and without leaving Spain, if you change your passport you will have problems because the police are not stupid and imagine that you had stamps in your passport, so you will see.
Regarding leaving Spain while it is being processed, so be careful because maybe you can not go back and then it’s no use having papers granted. Regarding what to quote and not be working …. while not going the labor inspection will go well, now that if you get caught … in order that you will know what you do.

Q – My question is: since they consider that it is better for students to request a modification of the regime, I can only apply for residency, in my case I have a grant from the European community for exclusive dedication, so I can not have a work contract because I work to research, but I do not want to miss all the years that I take alone as a student – MABEL
R – Mabel, you could not apply for residency, the modification is to work and residence permit. Regarding the exempted residences of authorization to work that are the typical ones that the universities process the researchers, sincerely I do not recommend them because first you would lose the opportunity to modify it to normal work permit, second because if you run out of scholarship and do not renew it and third because the maximum number of renewals is five and then you can not renew it.

Q – I am from Ecuador and I have a criminal record certificate but the timbre of the Ministry of Foreign Affairs does not appear, due to the lack of species in my country. I wanted to know if it is necessary that I do it in the consulate of my country here in Spain or what stamps do I need? I had a date for June 13 to deliver the documents, before the regularization is done, should this date be canceled? – LILIANA
R – Liliana, well look, the first days the certificates that came as yours rejected them but they have already found out and they are already taking them so you do not have any more problems. Regarding the appointment because I leave it at your discretion. Luck.

Q – I have all the requirements to present in the regularization, but my employer makes me a contract of 24 hours a week for one year. Will I have any problem to present my papers?
R – Marcelo, you have no problem, good luck with your papers.

P – First of all thanks for informing us for free. I wanted to know where I present the documentation in social security or should I go to an office like Madrazos. I am a domestic employee – MARIA
R – Maria must present in an office of the 31 authorized for it, you can check it on the website of the ministry of work where all the addresses come, NOTICE: INSS offices are giving appointment, TGSS not, all bun .

P – Hello. I’m Argentine, my wife too. Three years ago I live in Spain, (my wife 30 months) we are registered in the town hall. In October of 2004 we had a girl, and by the Argentine and Spanish laws, we could ask for the presumption of Spanish nationality that was approved. Now we will process your ID. My question is whether we can process our residence permit for the girl or is this way not possible now? In this way we could have both together, by the Normalization Process, only I would have a job offer. What suits us? Thank you very much for your attention – GUSTAVO
A – I am very sorry to tell you that since February 7, the option of regularizing to be a Spanish parent no longer exists, however if you have three years here and offer it you can put it by rooting when the girl has the DNI. Luck.

Q – I have a foreign domestic worker working 4 hours a week, she asks me to work 15 hours a week. What repercussion would it have? Should I sign a contract or register with Social Security? Thanks – RAFAEL
R – Rafael, Social Security is a fixed fee that does not vary depending on the hours worked, the discharge would have to be done when the employee has the papers granted and the contract is signed but not taken to the INEM, only presented in the offices receiving requests. If you are not interested and she has other houses you can sign several employers and she would request your permission as a fixed-discontinuous household employee. The option is yours. Thanks for write.

Q – Hello, my best regards to my question for the lawyer: in the application form attached 1, numeral 3 says: Address for notification purposes; What data should be given, the address of my boss or mine? If it’s my boss’s, what can I do to find out that the answer to my papers is positive?
I say it because my bosses are a trifle confused and more taking into account that from the day of the notification has to spend only a month to give me the discharge, for that reason I do not want to take risks and that the effort made does not fall in vain thanks – JUAN DIEGO
R – Hello Juan Diego, greetings to you too. The domicile for the purpose of notifications is that of the employer but they say that they will also send the worker, although the date of notification that counts is in which it reaches the boss. We’ll see!

Q – Hi, I’m from Bangladesh. I have registered on August 13, 2004, but I have other justifications for entry into Spain before August 7, 2004 (visa with entry into Barajas airport on June 29, 2004, university certificate, medical card, etc.) Can I apply with these documents? Regards – AMIN
R – Amin, if you have a student card, you do not need to present it in the process, if not, then try not to lose anything. But you know that it will be inadmitted to processing and in the resource, we will see. regards

Q – First of all I congratulate you for having a page to be able to ask certain types of questions that sometimes we do not know who to ask, since certain offices are not very well aware of certain topics. My question is this: I have a daughter of 15 months I live with an Algerian boy I am Colombian. My daughter still has no papal because Algeria gives citizenship to children born outside the territory. Now that we are about to have my papers, what do I have to do to regularize my daughter? Thank you Nancy
A – Well, your daughter can be regularized when you have papers since she was born in Spain (I suppose she was born here). If they tell you not because it’s been a long time since birth you’ll have to wait for 2 years to pass since they were born without leaving Spain, anyway they have a solution, Luck.

Q – Hi, I am a resident in Spain for family reunification. Since last year we are trying to present the job offer, but I think it is impossible since in the civil government do not give appointments for 4 months or more and now with the regularization may take much longer. Do I have it more complicated than those who have nothing? Where can I go thank you?
A – In principle, you do not get regularized by normalization, unless you redefine the criteria. Anyway, as I see that it is a topic that you are very concerned about, I will try to update it. Greetings.

Q – Hi, I would like you to inform me, please, where we can present the renewal documents for the third card (for others), the general administrations that are in Cornella sent me to Barcelona. In the end nobody gives me an answer. Please, I would like you to be clear about these types of procedures because I think you have left them a little aside. Thank you very much – RAMIRO
A – Look, if you want that specific information from Catalonia you can call ATIMCA and talk to the lawyer who works in Barcelona. So you will have the best service the phone is in atime.es, I hope you are lucky. Greetings.

P – Dear Sirs. Since the month of August I have a person working in my house as an employee of the external home, working eight hours a day, that is, 40 hours a week. How should we regularize it? Should she go to present the papers or should it be me? Thank you very much – MIN
A – You must go to present the documentation. To regularize it you must first ask if you have registered before August 8 and if you have processed your criminal record. If so, you must also submit your full passport and a signed contract for both, in addition to your ID you have the applications and contracts in #

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