European Union Blue Card Policy - Analysis of Immigration Policies

Chapter 3: Analysis of Immigration Policies

3.2 European Union Blue Card Policy

The European Union Blue Card is a combination of temporary residence and work permit for highly qualified professionals that are non-EU citizen. People who want to apply for blue card must possess a university or college diploma from an educational program that last for three years or more or have at least five years of

26 Ley Orgánica 4/2000, de 11 de enero, sobre derechos y libertades de los extranjeros en España y su integración social.

http://www.exteriores.gob.es/Portal/es/ServiciosAlCiudadano/InformacionParaExtranjeros/Documents/

LEY ORGÁNICA 42000 DE 11 DE ENERO.pdf. Accessed December 1, 2015.

professional experience. The work permit of the professional is tied to one sector and subject to geographical limits and any change in the employment must remain within these limits during the first year. Long-term residence is granted after five years of continuous and legal residence generally. Under the law 14/2013, there are some requirement to apply for residence for economic reasons, whether it’s the investors, professionals with high qualifications, investigators, entrepreneurs, and workers performing intra movement within the same company or group of companies.²⁷

The EU blue card policy is implemented to attract high qualified professionals to work with salary condition equal to nationals of EU, free movement within the Schengen area, they would have entitlement to socio-economic rights, favorable conditions for family reunification and long-term residence perspective. Foreigners who possess EU blue card and work for at least 18 months have the right work in other countries in the European Union, but they have to apply for another visa. When these high qualified professionals apply for a permit of EU blue card, they may also request a residence visa for their family members according to the procedure and regulation in relation to family reunification. The family members and the holder of EU blue card would have the same social benefits as the citizens of the EU state members.

27 Law 14/2013.

http://extranjeros.empleo.gob.es/es/normativa/nacional/movilidad_internacional/documentos/Ley_14_2 013_consolidada.pdf. Accessed December 1, 2015.

26 3.3 Residence and Nationality

Foreigners can stay in Spain for different kinds of situation: short-term stay, temporary residence (short-term) residence, and long-term residence. For short-term stay, foreigners can stay in Spanish territory for no longer than 90 days with visa. For foreigners that are applying for the short-term residence, the time of stay in Spain is over 90 days and up to five years. Foreigners can apply for a long-term residence when they live in Spain indefinitely, they can work with equal work conditions as Spaniards and that they already possessed a short-term residence for 5 years continuously. Foreigners can apply for residence if they possess the following requirements²⁸:

a) Students: Student visas. Students who come to Spain from abroad with purpose of study or extension of studies or conduct research work or formation without pay.

b) Stateless: The Ministry of Interior will recognize the status of stateless foreigners who lack nationality and declare the eligibility under the Convention relating to the Status of Stateless Persons and the documentation issued to them for this purpose.

c) Undocumented persons: The foreigners who present in the Ministry of Interior accrediting that they cannot be documented by the authorities of any country.

d) Refugees: The favorable decision on the request for asylum in Spain constitute recognition of refugee status.

e) Concurrence of special circumstances: The Administration may grant a

28Permisos de residencia en España. http://www.conpapeles.com/Permisos-de-residencia-pag6.htm.

Accessed December 1, 2015.

temporary residence permit by rooting situation as well as for humanitarian reasons, collaboration with justice or other exceptional circumstances to be determined by the Government.

Under the law “Directiva 2003/86/CE, de 22 de septiembre” and “Ley

Orgánica 4/2000, de 11 de enero”, a temporary residence permit may be granted to the families of the foreign residents in Spain under this right of family reunification.²⁹

There are a few ways to gain nationality: Spanish nationality, nationality by option, citizenship by residence, citizenship by naturalization, and nationality for possession of State.

What Spanish nationality refers to are those who are of Spanish origin:

a) Those who are born of a Spanish mother or father,

b) Those who are born in Spain when they are children of foreign parents, if at least one parent was born in Spain (the children of diplomats are exempt), c) Those who was born in Spain of foreign parents and both parents lack nationality (stateless), or the law of any of them attributes to the child a nationality,

d) Children that are born in Spain of parents whose identity is unknown, and e) Those under 18 who are adopted by a Spanish. If the adoptee is 18 years, he or she may apply for citizenship within two years from the constitution of the adoption.

29 Ciudadanos de otros Estados (Secretaría General de Inmigración y Emigración. Portal de la Inmigración). Accessed December 7, 2015.

In the case of nationality by option, what this refers to are for:

a) Those who are or have been subjected to the parental authority of a Spanish.

b) Those whose father or mother was Spanish and born in Spain.

c) Those whose adoption by Spanish comes after 18 years of age. In a period of two years from the constitution of the adoption.

And in the case of citizenship by residence, it refers to:

a) The form of acquisition of citizenship requires that the person’s residence in Spain has to be over ten years of legal, continuous and immediately prior to the application form.

b) Other cases:

1. Five years: to grant Spanish citizenship to those who have obtained refugee status.

2. Two years: for nationals of Latin American countries, Andorra, Philippines, Equatorial Guinea, Portugal or Sephardic origin people.

3. One year:

(1) Those who were born in Spanish territory,

(2) Those who do not adequately exercise their right to acquire Spanish nationality by option,

(3) Those who have been legally subject to guardianship or foster care of a Spanish citizen or institution for two consecutive years,

(4) Those who at the time of the application, are married to a Spanish for a year and are not legally separated,

(5) The widow or widower of a Spanish, if they were not separated at the time of the spouse’s death

(6) Those that were born outside of Spain with father or mother (also born outside of Spain), including grandparents, provided that all of them originally had been Spanish.

In addition, the applicant must prove to have good civil conduct and sufficient integration into Spanish society.

Citizenship by naturalization is also another way to acquire nationality, this process has gracious character and is not subject to the general rule of administrative procedure. It will be granted or not at the discretion of the Government by Royal Decree, after evaluating the concurrence of exceptional circumstances. In the case that one has acquired Spanish citizenship by residence, by naturalization or option, he or she shall: 1. be above 14 years old and be able to provide a statement him or herself, he or she must swear or promise allegiance to the King and obedience to the

Constitution and the laws. 2. Declare to renounce their previous nationality, except in the case of a person holding the nationality of a Latin American country, Andorra, Philippines, Equatorial Guinea or Portugal.

The last way to acquire nationality is through possession of state. Those who has owned and used the nationality for ten years, on a continuous basis, in good faith, based on a title registered at the Civil Registry has the right to Spanish nationality.

Spanish nationality will not be lost even though the title registered at Civil Registry is annulled. The applicant must have maintained an active attitude in the possession and use of Spanish nationality, this means that he or she should behave as Spanish, both in enjoying their rights and fulfilling their duties in connection with the Spanish state.

30 3.4 Policy Analysis

There are several ways for foreigners to acquire Spanish nationality, the facility of nationality acquisition differs according to the different countries of origin of the immigrants. Citizens of former colonies of Spain, such as most Latin American countries, Philippines, and other countries as stated in the previous section can acquire Spanish nationality with two years of residence in Spain.

The European Union Blue Card policy can be seen as a policy that serve as a gate keeper for those who want to obtain nationality in the European Union. The main emphasis of EU blue card policy is to attract high professional immigrants from non-EU countries to work and stay in countries in non-EU.

Some words in the Spanish national immigration policy has been changed; for instance, “permeant” residence has been changed into “long-term” residence and temporary residence in some documents has been changed into “short-term” residence.

These changes are made with accordance to the wordings of European Union, the condition of the residence will be the same from before, but the “TIE (Tarjeta de identidad de extranjeros)” or “Foreigner identity card” will have to be renewed every five years after the first five years of residence. From the acquisition of nationality, Spain has given privileges to its former colonies for the citizens of these countries only need to live in Spain legally for two consecutive years to obtain Spanish

nationality; Whereas for citizens of other countries need to live in Spain for ten years consecutively and legally.

According to the national statistics of Spain, the number of people gain

concession of Spanish nationality through residence have increased significantly from

year 2003 to 2013.³⁰ Morocco became the largest group of foreigners obtaining

Spanish nationality at the year 2013, with 46,547 people acquiring Spanish nationality.

The second and third largest group of foreigners obtaining Spanish nationality are from Ecuador and Bolivia subsequently. The result from this data collection is interesting, as the number of Moroccan residents obtaining nationality has increased drastically from 2012 to 2013. At the year of 2009, the number of Moroccan migrants obtaining nationality declined rapidly with comparison of the year 2008, but then it steadily increased again at the year of 2010.

The policy for acquisition of nationality has changed recently, immigrants would have to pass a language exam (DELE) and Constitutional and cultural

knowledge of Spain (CCSE) to obtain Spanish nationality.³¹ The cost of these exams is 85 euros. The first exam (DELE) is designed by Instituto Cervantes and it is a linguistic exam, foreigners would have to pass A2 level or higher of Spanish language, it consists of three hour exam: two hours of reading and writing and one hour of listening and speaking. The candidates would have to pass all exams to obtain the DELE certificate. The second exam is obligatory and it is about the Spanish

constitution (60%) and the culture, history of Spain and the Spanish society (40%).³²

30 "Concesiones De Nacionalidad Española Por Residencia." Secretaría General De Inmigración Y Emigración. Portal De La Inmigración.

http://extranjeros.empleo.gob.es/es/Estadisticas/operaciones/concesiones/index.html. Accessed December 7, 2015.

31 Pruebas Para La Obtención De La Nacionalidad Española. Instituto Cervantes, Instituto Cervantes, http://nacionalidad.cervantes.es/ Accessed December 17, 2015.

32 Los Nuevos Exámenes Para Lograr La Nacionalidad Española: Leyes, Penélope Cruz Y Matemáticas - 20minutos.es. October 1, 2015.

http://www.20minutos.es/noticia/2569207/0/examenes/nacionalidad/espanola/. Accessed December 17, 2015.

Chapter 4: Background of Interviewees

4. 1 Overall Background

The background of the interviewees were divided into two groups: first

generation and second generation of Muslim immigrants. All of the interviewees are from Morocco. Nine of the interviewees are second-generation immigrants, as the thesis is mainly focused on the mindset of second-generation Muslim immigrants. Six of the interviewees are considered to be first-generation immigrants, as they came to Spain at around nine years old or older. Some of the second-generation immigrants believed themselves to be first-generation Muslims because they came with their parents at around six or seven years old, but others believe themselves to be second-generation Muslims with the same age range.

For the purpose of this thesis, the researcher has defined the first-generation Muslims as people who came to Spain at around age nine because they have

memories of their lives in their country of origin and can distinguish the differences between the two countries and they identify themselves as first-generation Muslims.

Most of the interviewees of second-generation Muslims were from an Arabic learning school at Fuenlabrada, Madrid. Some of the interviewees are involved in

non-governmental organizations or associations in relation to Islam. The interviewees are located from North-San Sebastian Alcobendas to the center of Madrid-Sol, and to the South-Fuenlabrada and Getafe.

33 4.2 Second-Generation Muslim

The ages of the second-generation interviewees range from age 18 years old to 24 years old. The interviewees consist of eight female individuals and one male individual. The interviews were conducted in groups and on an individual basis. Two of the eight female interviewees do not wear the hijab and possess Spanish nationality.

Three of the eight female interviewees do not possess Spanish nationality yet. The years of their stay in Spain ranges from 16 years to 24 years. Five of the nine interviewees were born in Spain, while the remaining four individuals were born in Morocco before living in Spain.

The interviewees that were not born in Spain came to Spain with their family by the law of family reunification. All parents of the second-generation Muslims came to Spain for economic motives. All interviewees are educated or entering into higher education, such as the university. Some interviewees are working or searching for a job in the labor market. Interviewees of second-generation Muslims speak Spanish fluently and are more willing to speak in comparison with first-generation

interviewees. The dominance of the language is more common in second-generation interviewees.

4.3 First Generation Muslims

The process of finding first-generation Muslims was not as easy as finding second-generation Muslims. Many potential interviewees were reluctant to respond and some even rejected the interview. The lack of proficiency in Spanish is one of the reasons given by first-generation immigrants for not participating. Interviews

conducted with first-generation immigrants vary differently in comparison with the

ones conducted with second-generation immigrants. The level of dominance of the Spanish language is very different within the interviewees. Interviewees who have a good command of the Spanish language are more willing to share their opinions and elaborate their points by giving examples and personal stories.

Some interviewees are more cautious about what to say and try not to comment a lot about topics like the actions of the government and terrorism. The types of jobs that the interviewees are doing are also different. Some are at commercial business, some are retired, some are working at Muslim associations, and some are unemployed.

At the end, there were six people that were interviewed as first-generation Muslims, two of which were female. The purposes of the first-generation Muslims of coming to Spain varies, some came to Spain with their parents and some came alone for work or studies.

Chapter 5: Content and Analysis of Interviews

5.1 Overall Content

The interviewees were asked about questions about their identity, how they feel about the Spanish people and culture, their experience of treatment and

perception received from the society, and the actions of the government. Based on the opinion of the first and second generation of Muslim immigrants, they did not

personally face a lot of discrimination or stereotyping in Spanish society personally.

However, they do agree that the recent terrorist attacks have affected the Muslim community in Spain.

The interviewees had mixed feelings about what to identify themselves as. The interviewees believed that the government and local Muslim communities should work together to improve the situation of Muslim immigrants in Spain.

5.2 Attitudes towards Spain 5.2.1 Second-Generation Muslims

The responses of the first and second generation of Muslims are similar in some ways and differ in others. The attitudes of both generations of Muslims towards Spain as a country are more positive than negative. The responses of the interviewees of first-generation Muslims and second-generation Muslims are organized into different figures. Figure 5.1 is the perception of Second-Generation Muslims and their views of Spanish policies. As shown in figure 5.1, the views of second-generation immigrants towards Spanish policies is positive. Some interviewees mentioned that there are some ignorant people in society, but felt that it was normal and occurs in every

society, not only the Spanish one. This figure will be used as a reference in the next sections.

Figure 5.1 Perception of Second-Generation Muslims and their views of Spanish Policies

(Political Policy*: Political Policy is the responses of the interviewees about the actions of the government)

37 5.2.2 First-Generation Muslims

The comments that the first-generation Muslims have towards Spanish were mainly the same as those of the second-generation interviewees. They all believe that there are good and bad people in every society, so the Spanish are no exception. Their responses are organized in figure 5.2. Some interviewees believed that the society as a whole has matured throughout terrorist attacks, and that the Spanish people are able to differentiate between terrorists and Muslims. But others believe that there is still some prejudice towards Muslims in society. One interviewee also commented that Spanish people are too open-minded and some of them do not know other foreign languages, unlike people from her home country. Many people in her home country have learned at least three languages before graduating from high school.

Figure 5.2 Perception and of First-Generation Muslims and their views of Spanish Policies

(Political Policy*: Political Policy is the responses of the interviewees about the actions of the government)

5.3 Racism and Islamophobia and Gender Discrimination in society 5.3.1 Second-Generation Muslims

None of the interviewees of second generation had faced threats or severe

discrimination personally. However, they have faced some discrimination in the labor market. Many female interviewees responded that they had been asked to remove their hijab for job interviews and the job itself. The female interviewees felt that being requested to do this was absurd and believed the question to be a form of

discrimination in the workplace. Female interviewees wearing a hijab are the most vulnerable to discrimination because of its visibility. Some interviewees also received concerns from Spanish people when they see these female interviewees wearing a hijab. One interviewee said, “I think what I am going to transmit to the world is my knowledge. I am not going to show other parts of my body, of my physical features to try to transmit my wisdom to you, talking like this. They are direct transmissions, you will listen to me without having to focus in other things.”³³ The way an individual dresses should not prevent her from transmitting her knowledge to the world, especially if she is dressing according to her religious beliefs.

It is counterproductive to say that Muslim women are oppressed by wearing a hijab and then refusing to let Muslim women wearing hijabs to work and be

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