In Burgos, some 7,700 foreigners who applied for extraordinary regularization are still awaiting a final decision. Most have only a document confirming that their application is being processed, which allowed them to work for up to three months—a period that has already expired for many. Patience is the advice repeatedly given by unions and immigration agencies, but there is also something else: a directive from the Ministry that allows for the renewal of contracts as long as there is no explicit decision.
Labor relations specialists attribute the delay to a backlog. The Immigration Office received 1.2 million applications throughout Spain and does not have enough staff to process them within the expected timeframe. In Burgos, the number stands at 7,774 applicants, representing 19.4% of the nearly 40,000 in Castile and León. Among the most common nationalities are Colombians, Moroccans, and Venezuelans, most of whom are young and fluent in Spanish.
The directive from the General Directorate of Migration Management has been key. Previously, if a decision was not reached within three months, administrative silence was considered a rejection, which rendered employment contracts null and void. Now, the criteria have changed: as long as there is no written decision, silence is not considered a rejection. This allows companies to rehire those workers who had been left in limbo.
This change does not resolve the underlying backlog, but it does provide relief to many workers who were on the verge of losing their jobs. Employment agencies have already begun renewing contracts. Even so, the process remains slow. If you’re in this situation, make sure your company is aware of this directive and that your contract reflects that you’re still awaiting the final decision.
The regularization process has also affected recruitment in the countries of origin. Companies that were seeking personnel in Peru or Colombia for the construction, transportation, or hospitality industries have seen that channel slow down. Once this process is resolved, hiring locally will be more streamlined, but finding qualified candidates will remain a challenge.
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