According to INE data corresponding to January 2022, the number of foreigners residing in Spain exceeds 5 million, a figure to which must be added the number of non-resident foreigners whose stay does not exceed 90 days. Respect for and compliance with rights and duties by all parties involved is essential to guarantee a harmonious coexistence. If you are a foreigner in Spain or you plan to relocate, you should know your rights and duties to know how the law protects you and what your responsibilities are. In the event that there are doubts or legal consultations in relation to Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration, it is advisable to have expert professionals, given the importance of correct application of this regulation.
Organic Law 4/2000 delimits its scope of application including in its general provisions the consideration of foreigners to all those who do not have Spanish nationality. For those who are citizens of EU countries, this organic law will apply if it is favorable compared to the applicable European regulation. Excluded from the scope of application are diplomats and consular officials, representatives and delegates of the permanent missions and their delegations to intergovernmental organizations, officials of international or intergovernmental organizations and with each of these groups, their families.
In the first place, the law states that foreigners and Spaniards enjoy equal conditions in Spain, referring to the set of rights and freedoms included in the Spanish Constitution. This means that foreigners enjoy all the fundamental rights and freedoms that the Constitution contemplates. On this list are, among others, the right to honor, freedom, secrecy in communications, or freedom of expression. It should be remembered that they are considered fundamental and, therefore, any violation of them will have consequences.
The key points included in Organic Law 4/2000 on the rights and freedoms of foreigners specifically regulate the situation of foreigners in Spain. The law includes in Article 21 a description of the facts that constitute discrimination, in order to also guarantee a series of anti-discriminatory measures that protect foreigners in Spain. It is important to know the regulation in order to guarantee the exercise and protection of rights and freedoms at all times. It is also essential, when the time comes and if necessary, to be able to require the proper application of the law.
There are also a series of duties and obligations linked to foreigners in Spain. These duties necessarily differentiate the situation of the foreigner, establishing clear differences, for example in medical care: unlike the resident, the foreigner who is going to be in Spain for less than 90 days has the obligation to take out medical insurance with adequate coverage. As for the rest of the duties, the list of basic obligations is common for all foreigners in Spain.
Knowledge of rights and duties as a foreigner is crucial to guarantee a peaceful life in Spain and avoid legal problems. In the same way that respect for Spanish rules and regulations is essential, it is necessary to guarantee respect for rights and freedoms. If you need legal help in this regard, it is essential to seek help from specialized professionals. In addition, taking into account the reforms carried out by the Government in 2022 regarding immigration, which facilitate family reunification and the incorporation into the labor market of foreigners, it is essential to know and correctly understand the entire regulation. In this way, the protection of all the rights and freedoms of foreigners in Spain is guaranteed.
