La residencia legal como requisito de acceso a la protección de Seguridad Social de los extranjeros extracomunitarios

Abstract

The right to social security of the non-EU still remains an unresolved issue definitively by the Spanish legislature. The lack of precision introduced legislation that addresses this issue has prompted the defense between different scientific doctrine and jurisprudence. However, this is an issue that can not reach a single, valid for all scenarios, but remains open to different solutions depending on different situations in which the alien may be found (with work permits and residence being in possession of only one of them, or lack thereof) and the origin of the common professional or contingency (for application of international standards). This study aims to analyze the range of situations and solutions that can be taken in order to access benefits and social security services by immigrants.