On January 18th of 2024, through Regulatory Decree I/2024, the AIMA – Agency for the Integration of Migration and Asylum took another critical step towards achieving the promotion of safe, orderly and regular migration that it set out to accomplish when it was presented last June, through the design of Administrative Procedures characterized by their modernization, dematerialization and simplification.
Despite the significant innovations introduced previously, this regulation has ensured the proper implementation of what has been put in place.
Firstly, to dematerialize the processes, it is planned to create a single platform to carry out numerous procedures, from applying for a residence permit to renewing it and reunifying family members.
Following the same line of thought, but this time regarding visas granted abroad, when the application must be submitted to a Consular Post and/or a Consular Section of the Embassy, the changes are designed to make the entire process electronic, starting with the submission of a unique form, made available virtually, and culminating with the reuse of information and biometric data if the Applicant has already provided these as part of the process.
Another concern that has taken a firm place in this new legislation is safety. Symptomatic of this is the implementation of stricter rules regarding the collection of residence permits – this will now be done in person at AIMA institutions by the applicants or their representatives – the increased strictness during the instruction and renewal of processes – signatures will be made through qualified technological mechanisms – or even the greater rigour regarding criminal records – through the implementation of tools that allow searches of criminal record databases in third countries.
A further change introduced by this Regulatory Decree is the approach to the vocabulary of documents that are a requirement. This means that instead of the old unambiguous identification. For example, where it used to read “passport”, it can now be read as “identification and other relevant information contained in a valid travel document”, or where it used to read “proof of accommodation”, it can now be read as “proof of accommodation”. Although wide-ranging, this change could be synonymous with a faster and simplified process since the Applicant can resort to another in the absence/omission of a particular essential document.
Lastly, about the Residence Permit for Investment Activity, along with all the substantial changes it has undergone, it remains to be added that independent third parties will be allowed to take part to carry out a double check on fulfilling the requirements for granting residence permits. In addition, AIMA itself will be able to check the most diverse databases (like Social Security, when it comes to creating and maintaining at least ten jobs) to assess the maintenance of the investments officiously.
This regulation is in line with the proposal to reform the legal system for the entry, stay, exit and removal of foreigners from national territory, as it consists of various procedures to speed up the analysis, approval and issuing of residence permits for the most varied types of visas.
The content of this information does not constitute any specific legal advice; the latter can only be given when faced with a specific case. Please contact us for any further clarification or information deemed necessary in what concerns the application of the law.