Finally an update for everyone, and it’s not necessarily going to be an update about what I’ve been doing and such diary-topics, but me thinking out loud and/or complaining about immigration and my emigration troubles.
Caution, I tend to hate paragraphs for the first bit of this post.
I spent a few thousand dollars and the time and energy equivalent to a full load at university for a month straight. I’ve got a certificate that is accepted by schools around the world, but there’s the small detail about governments of the world being a pain. Being an illegal immigrant makes me look at the American immigration issue differently. The only valid complain I can understand on the part of the United States is an immigrant that uses the social services and isn’t paying taxes, so therefore the person is a drain on the system. The humorous bit is that people who are against immigration are very much against the obvious solution. If you give said immigrants legal papers, and they have to pay taxes, they are putting money into the government, and not a drain on the system any longer. I suppose some racist tendencies and a lack of understanding of statistics will still sway people to say “no” to such a solution, imagining that if said immigrants are given a legal status then they will all come and take jobs away from Americans – although this sentiment is true for other countries as well. My first response to that concern is: if Americans wanted the jobs, they would have applied for the jobs and there would not be any vacancies for other nationalities. So then how would an immigrant steal an “American” job? Well all that I have heard in response to this is that the immigrant would be working for less money. Wait! You are thinking of an illegal immigrant when you say that. Surely you cannot believe a foreigner with legal documents would be paid less than the American. If they are legal, then they are entitled to minimum wage. Let’s say minimum wage is $8/hr. Explain how a person from Guatemala for example, will be “stealing” a job from an American by working for less. Either person would have to get at least $8, no?
Sorry, that was a tangent on the United States, I should be writing about Spain, but the similar situation made me reflect on this issue in the States. The last comment I have on the American side of things is that people should also have the perspective, prior to arguing, that immigration is generally favoured during times of economic prosperity, and then despised throughout trends of depression. I wish people would be more logical, dare I say ‘level-headed’ about a lot of political subjects, instead of swayed by the context of the moment. Obviously anyone can spot my bias of being (or soon to be) an illegal immigrant and supposing that I am in favor of this because of my current condition. No one can write off their own bias, but I do believe that even if I were in an opposite position I would say the same. If I were in my native country, and not in search of work, and doing just fine, I would say that the world should be open to any human who wishes to experience it and that bureaucratic barriers as they seem to be are merely some kind of defense against economic insecurities. A truly successful state should know how to prosper for the potential labour source of any person (keeping in mind that fairness is maintained, which means equal pay, employees pay taxes, and so on).
Well then. Hopefully I haven’t pushed away half the people that read what I write, and hopefully they understand the points that I make and why I would make them. I’ll try to be less of a raging liberal in text format.
My current issue with Spain is that it is quite difficult to get a work visa here if you are not in the EU. As an aside I often think how ridiculous this is because all they write about in the papers seems to be about their horrible economy and unemployment. If I could have a visa, then I could be employed, earning money to spend in Spain and paying taxes to the Spanish government. In other words, I would be doing my little part towards stimulating their economy. However, because of this legal difficulty, I will have to work under-the-table for the time being, not paying any taxes and if I weren’t teaching English, but perhaps washing dishes for example, then I would probably also be doing work for less pay than a Spaniard! Well… complaining about political issues is a fun exercise of wit and reasoning with absolutely no end-result aside from the enjoyment of complaining within itself (unless you become a politician), so I’ll set all this aside.
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What do I want to do?
- Live in Barcelona at least through January. Then move on in the world.
What do I have to do to accomplish this legally?
- Obtain a work visa, obtain a student visa, marry an EU citizen, hop in and out of Schengen country borders.
Work visa, what I have learned:
- You have to apply within your country of residence. In the USA, one exception is appointing a legal representative (a parent maybe) and they can submit the application in their person.
- You have to pick up the visa from the consulate in the USA in person, no representatives.
- You have to submit massive amounts of paperwork including a medical certificate, police background check, birth certificate, passport and more…
- All of the above has to be officially translated into Spanish and notarized.
- Whatever organization is hiring you has to go about a legal process of declaring that there is no Spaniard to do the job they are hiring you for.
- A lawyer and legal translator are most likely required (additional costs).
Extra note: You have to have a Spanish employer “sponsor” this visa. Word of mouth claims that a Spanish company will only hire you if you already have papers. In essence, this particular visa process is a Catch-22 unless you are a specialist that is being requested by a Spanish company. I mean to say, this is not the sort of thing than can be done by looking for a job and getting hired. This process only works if the job finds you. This sort of logic probably only works “in Soviet Russia…” ha ha, sorry if you don’t know the joke I’m referring to.
A summary from spainexpat.com
Don’t have an EU passport? Apply for your working Visa. This, of course, means that your employer is willing to sponsor you and employ you illegally during the waiting period. Talk to a lawyer though, they’ll point you in the right direction and tell you how to help your employer help you. The lawyer could charge anywhere from 100€ to 500€ for services like this. Look in the classifieds for an immigration lawyer. You may also be able to utilize a student Visa by applying to other educational institutions, and then just cancel your matriculation and get your refund… You’ll be allowed to work part-time on a student Visa. The reason for all the trouble to get a visa? Job security. If you plan to spend more than a year in Spain, this visa will be absolutely vital to helping you should anything happen to this position you currently have.
I should also apparently empadronarme.
Student visa, what I have learned:
- A student visa is relatively simple to get!
- You must be a full-time student.
- You cannot work more than 30 hours*
- Post-graduate courses are “relatively inexpensive” (I don’t actually know the cost yet)
- Post-graduate courses are almost always in the evening, and not particularly demanding (depending on what you study I suppose)
My thoughts on this: I was already considering graduate school before coming to Spain. I suppose I could combine the two desires and attend grad school here. I would apply to schools I like in the USA as well, of course. Working with Lera Boroditsky at Stanford would be amazing, but my low self-confidence is saying that’s a slim chance.
*I read elsewhere that you are not allowed to work at all under a student visa. Perhaps “work” was implied to be under the table.
Marry an EU country resident:
- This is the most straightforward of all… get married! The only problem being that I think I could only marry for love. Even a prior understanding that it’s a marriage of convenience could make life complicated down the road. Not to mention, you have to request documents from both partners’ countries to prove they aren’t already married, you have to prove that you’re living together, and maybe some more stuff.
- Not going to happen.
Hopping in and out of the Schengen area to renew my “90 day tourist stay”
- First you might ask, – what the heck is a Schengen country?
It is basically a country that has signed an agreement to not worry about border checks and that sort of thing, allowing easy passage between the countries with the understanding that they’re all apart of the same club. When most people say they can stay in the EU for 90 days that is largely correct, however the law to which this relates to the Schengen agreement. A Schengen country is not necessarily an EU country either. Read the Wikipedia article if you like.
Countries that I can stay in for 90 days (in a 180 day period) are: Austria, Belgium, Denmark, Finland, France, Germany, Iceland, Italy, Greece, Luxembourg, Netherlands, Norway, Portugal, Spain and Sweden. All these countries except Norway and Iceland are European Union members.
Click the photo for a fancy little diagram.
To clarify, a US citizen can travel within Schengen countries for 90 days within a 180 day period (3 months out of 6 months). Another way of looking at this is that if I stay in Spain for all 90 days, then I cannot return until 180 days have passed from the first day I got to spain. I would have to go to a non-Schengen country for at least 90 days, be that in Europe, Asia, India, or home in the States. This sounds the easiest, but obviously it would be a complication if I got a job. I can’t just tell an employer adios for 90 days and come back. I would have to become even more bohemian for this approach.
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I just covered the legal choices I have for living in Spain. As I am sure it is clear to you as it is to me, doing things legally do not lend themselves to practicality, ease of procedure, nor even logic at some points (the business visa Catch-22).
Here comes a bit of empathy for all those illegal immigrants out there…
I want to simply enjoy life wherever in the world I want to be. I might write a separate post about being a global citizen, but as a human being, we should all have the right to go where we want. At least I’m willing to work, too.
So. How do I do this unofficially?
It’s quite simple really! I apply for a job at a number of schools that have been indicated by other teachers as non-contract schools. I tell the interviewer at the beginning that I don’t have citizenship and will have to work without a contract unless they want to sponsor a visa. Some schools (usually the top-notch ones and all public schools) require papers, but there are those that do not. In this case I would get paid in cash. I won’t receive any benefits of having a contract:
- When you get sick or need to take leave in Spain, the government pays you the exact amount on your contract. Basically, it’s 100% paid sick leave.
- You can use their health-care system, and other benefits of being a citizen. Duh.
I love how much Spain takes care of their citizens, compared to the United States at least, and it’s a disappointment to live here and forgo all of that. Yet, if that’s what it takes to simply live here for a while then I guess I can do that.
It’s easy to do, then what about the downside?
Downside = it’s illegal!
I ask myself however… just how illegal is it?
From what I’ve read, I could just get a slap on the wrist and be banned from Schengen countries for 5 years. That would be horrible! Somewhere else, I read that you could be fined as well as banned. Lastly, you could obviously be deported if discovered. In reality, you aren’t likely to be found out or deported. The only time I would face consequences is if I decide to travel outside the Schengen countries and have my passport stamped. Simply put, I couldn’t return home, or even leave europe if I want to come back. I don’t plan on staying here more than a year. What a predicament. The only solution here would be to wait for about five years when Spain usually grants amnesty to illegal immigrants. I don’t want to do that. Now I feel like I’m rambling, so I’ll end the post soon…
I think the best bet is to spend three months in a non-Schengen country and come back to Barcelona, give up on Spain and go to Costa Rica, or South America, or any of these other places in the world I want to go to; lastly, I could somehow open a business of my own, in which case I can get a visa much more easily. Owning a business is probably the last thing I’m capable of doing! If my brother or someone else I knew felt like doing that in Spain (or already owns a company), and then just sponsored my visa, I would be golden.
I believe I’ve exhausted all that I know about this situation. If you know more, or better yet, you know someone at the consulate, feel free to leave a comment to this post to inform me!
Grad school is beginning to look more solid.
All I want to do is experience life in different places, learn some things, give people some knowledge, and move on. Why does government have to complicate it so?
Tisk, tisk.
