Return - IOM Publications - International Organization for Migration

Return Migration: Policies and Practices
Under the so-called Greco Plan, Spain established, alongside the regularization programmes
and the work permit system, a labour quota system to respond to short and long-term shortages
in the labour market. 4
On 2 October 2003, the majority of the Spanish Parliament, with a wide-spread consent amongst
the ruling party, Partido Popular (PP) and Partido Socialista Obrero Espanol (PSOE), adopted
the legislative reform of the currently still effective Law 8/2000. This is the third reform of the
alien’s legislation in Spain since 2000. The main changes will target undocumented migrants,
and introduce a visa for migrants, who come to Spain in search of a job. The law was expected
to come into force after the second reading in the Senate on 1 January 2004. In comparison to
previous revisions, no legalization programme is this time foreseen in the Act. The reformed law
is in alignment with the restrictive migration policy of Law 8/2000.
The EU agenda influences Spain’s migration policy significantly, particularly in focusing on
more restrictive, limited entry. The main tendency is to regulate migration flows and control
illegal immigration, with less emphasis on integration or naturalization of resident immigrants.
1.2 LEGISLATIVE INSTRUMENTS AND PROVISIONS
In 1985, Spain’s first alien’s law, the Law on the Rights and Freedoms of Foreigners in Spain,
mostly approached immigration as a temporary phenomenon, and focused primarily on control
over migrants already in the country. Immigrants were seen, first and foremost, as workers who
required regulation by the Ministry of Labour.
While the 1985 legislation was more restrictive towards immigration, but weak in regard to
immigrant rights, the 1996 amendment to the 1985 law recognized immigration as a structural
phenomenon, and acknowledged that foreigners have a set of personal rights.
In January 1998, an initiative was taken to tackle the issue of integration. The Law on the Rights
and Freedoms of Foreigners in Spain and their Integration (Law 4/2000) was passed and came
into effect in January 2000. This law is notable for the broad political consensus that backed it,
for its clear focus on integration and the political and social rights extended to non-EU foreigners,
as well as for its recognition of the permanent dimension of immigration.
Most importantly, this law meant a shift from policies focused on controlling immigration flows
(política de extranjería) to policies that looked more broadly at immigration and integration
(política de inmigración) for Spain.
Immigration Plan Greco
In 2000, the Spanish government formulated its immigration policy statement with
the Overall Programme for the Regulation and Coordination of Aliens’ Affairs and
Immigration in Spain. 5 The so-called Greco Plan is a multi-year initiative begun in
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