Arraigo in Spain: types and Application

If you have been living in Spain illegally for more than a year and you would like to get your citizenship in order to work in the country, you will be interested in this process. So now you have it very simple to get your residency permit under the arraigo process in Spain. You have 3 separate forms of arraigo to secure your residency permit for extraordinary circumstances and to be able to work and live in Spanish territory for a year. This is the first step towards continued residency. So if you are interested in the subject … keep reading!

What is arraigo and what is its meaning?

Arraigo is the process that allows any non-European citizen who has been residing in Spain for a certain period of time illegally to gain residency in the country and to regularise their situation. Thus, this residence permit for special circumstances makes it possible to live lawfully in Spanish territory for one year, with the option of future extension in order to receive a regular residence permit. Thus, it is the best solution for all those individuals who are in an irregular situation. Through the arraigo process, you can legally live in Spain and work both on behalf of others and on your own account (as an autonomous one) anywhere in the world. And all this thanks to its foreign law regulation, which can be found in organic law 4/2000 and Royal Decree 557/2011. One of its key advantages is that you can apply for it from Spain. This is a much more comfortable choice compared to other residency permits, which in most cases require more complicated procedures to be initiated from the country of origin. Thus, arraigo is one of the various ways of entering Spain as a tourist and obtaining residence. In other words, we must forget the practice of applying for a tourist visa to do the arraigo later. It’s done straight without the intermediate stage. But, what do we refer to as unusual circumstances? What conditions must be met in order to request arraigo in Spain?

Can we work in Spain with arraigo?

The answer is yes. The arraigo is a temporary residency permit that is always connected to a work permit. That’s why once we have obtained this residency permit, we can legally work in the country; either for a business or for our own account. Also, after we renew the arraigo for the first time, we will continue with our professional practice without problems. Nevertheless, we must bear in mind that children under the age of 16 will not be able to function for longer than they have successfully completed the arraigo. For all those between the ages of 16 and 18 would require express permission from their parents or legal guardians in order to do so.

Requirements for demanding arraigo in Spain

There are three distinct forms of arraigo: family arraigo, social arraigo and labor arraigo. Each of us has a number of basic criteria that we will have to satisfy if we want to proceed with the procedure (which we will see below). However, we can derive a set of generalizations that you will have to satisfy in order to begin the procedure.

The principle of arraigo is only intended for those individuals who are not original citizens of a European Union member state. In other words, if you live in Spain but are from a South American country , for example, arraigo is for you.

Apart from that, we should highlight that one of the most important criteria for arraigo is to be able to demonstrate a connection with the country. As a newcomer, you will have to prove that certain cultural , social, economic, family or academic factors connect you with Spain. And that would be why you are granted citizenship. This must be achieved with the provision of such relevant records, which we will also discuss in this article. Finally, bear in mind the lack of a criminal record (neither in Spain nor in the country of origin) is another prerequisite for a good application to be fulfilled. Thus, let’s see what the 3 forms of arraigo are and the specifics of each of them.

The 3 types of Arraigo

There are, at present, three types of arraigo: social, family, and labor; of distinct nature. Depending on your individual case, you should host one or the other to get your situation in the country regularized. That’s why knowing each one’s basic criteria would be so beneficial to you. As with international procedures, arraigo is very likely to be the best option for you to legally live and work in Spain. As no complex application is needed from the country of origin. But before you can get the residence by arraigo, you must be very sure what each of the three forms consists of to be able to choose which one fits your case best.

“Arraigo familiar” or family arriago

The residence for arraigo familiar will be given to those foreign nationals who are children of mother or father originating in Spain; or to those who have children under age with Spanish nationality. The positive point of family arraigo is that, unlike the other two forms, no temporal criterion is related to itself. That is, while social or labor arraigo includes having been residing in Spain for a defined period of time and the need to prove it, no family arraigo. On the contrary, what the family-type rooting demands is to illustrate this familiar linkage. And the proof demonstrating the relation with Spain would be: The birth certificate of the Spanish minor if we are the parent of the same. The birth certificate of the Spanish originating parent along with the applicant’s birth certificate for the alternative case.

Who should apply for family roots?

Two separate groups of foreigners may request this form of arraigo for family reasons:

  • The parent of a Spanish child under age; although if it is a parent of a community citizen, it is also permitted. It is essential that your child lives in his or her place, or he or she is in his or her care. That is, the child will live with the mother, but if the father pays her for food and other expenses, the family arraigo can be demanded.
  • The Spanish sons of origin. This will be the case of the children of Spaniards who acquired nationality through historical memory. Obviously, it will also be the case where parents, as children of Spaniards, were nationals of the country as well.

Arraigo Laboral or “labour arraigo”

With the arraigo laboral there is a temporary requirement. It will only be given to those people who can certify employment relationships in Spain for at least 6 months, in addition to having lived in the country on an ongoing basis for 2 years . In other words, we have to show that we have been working illegally for a Spanish corporation for the last 183 days in order to obtain the employment roots. And the applicant must have been enrolled in the INEM (Instituto Nacional Empleo) during the months when the applicant has not been working.

How do we prove that we have been illegally working for a business?

This part of the process makes the labor arraigo the least sued of the three. Well, in order to show that we have been acting unlawfully on behalf of others for 6 months, we would require a decision that may be of the following two types: judicial, if we condemn the business in which we have served and a judge states (after judgment) that we have done so irregularly. Administrative, whenever an investigation is carried out in the business and a report is taken for having illegal employees. In both cases, we will use those documents (acta judicial or acta) in the arraigo order. Demonstration of continued residency in Spain How can we show that we have been living in Spain for 2 years continuously for family roots? In this scenario, records such as the registry would be an appropriate measure, this being the probative document par excellence. However, there is freedom as to the manner in which we can explain the term of residency. What if we can not show the registration? Well, we should substitute their absence with other alternative documentation. The presence of a bank account with its related transactions, a rental contract or medical certificates (if we were to go to emergencies, for example) are similarly legitimate documentation for that reason. The best thing at this stage (in the absence of the registry) would be to include an alternative proof record for ca ca ca.

Process of Socia Arraigo: The most demanded of the 3 arraigos

The social arraigo is probably the most demanded protocol among the 3 existing. It is one of the residences granted to all those individuals who, due to exceptional circumstances, have consistently stayed in Spain for 3 years (though irregularly), and who also have a work contract. Let’s see what are the most important key conditions for the formalization of the social arraigo for temporary residency:

1. Demonstrate the 3 years of permanence in Spanish territory

As we have just said, it is important to be able to prove that to request this type of arraigo the applicant has lived 3 years continuously in Spain. But what do we mean by the “de forma continuada” phrase? In order to be considered continuous for the duration of citizenship, the applicant should not have been outside the country for more than 120 days during that period. It is significant to be able to demonstrate in this way that he has resided in Spain for at least the last three years. Therefore, it is important to include the historical registry of each town in which it existed during this time. The register, however, is not the only means of demonstrating coexistence. We can also demonstrate it through bank movements, payments to local establishments (such as pharmacies) over the course of months, or other similar movements. The first significant thing is getting a job contract.

2. Having a job contract in Spain

For the application to be approved, a minimum working contract of 1 year must be submitted. In other words, we need to find an employer who is willing to hire us and give us a job that lasts at least 12 months (company or independent). It is critical that your economic activity has been in place for at least a year in relation to this employer or business. It is important to display the paperwork which proves your identity (DNI or CIF) and your solvency, among others. In order to attain this rootedness, it is entirely possible to collaborate for more than one organization at a time. If we have multiple bosses, the important thing is that the job is the same or within the same occupation, and that the working day consists of at least 30 hours a week. Finally, to remember that without having a job contract, the application may also be submitted. Even if this isn’t what we are suggesting. It will be important to have sufficient economic capital in that case, and the temporary authorization we are going to get would not allow us to function.

3. Demonstration of Family Ties

Another valid (but not indispensable) document for the acquisition of social roots is one that shows the nature of family relationships with foreigners legally residing in Spain. For children , parents or partners, we submit. There are some peculiarities to this method of rooting, however. In the event of not having such relatives, we will need a certificate of social inclusion to show our relationship with Spanish society as foreigners. As we have noted, to be able to prove that we are somehow related to the country is a fundamental need for arraigo. AND this clause clarifies it. In what way are we going to explain it?

4. What is the favourable report?

This study is a demonstration of social inclusion in Spain and its culture. And, without a doubt, it is one of the most significant criteria for arraigo to be accomplished. Following an interview with the municipality of the town in question, in which it is compulsory for the person requesting arraigo to demonstrate its relation with and integration into the Spanish State (knowledge of the language , culture, etc.), the institution issues its assessment and continues with the validation of the study. But it is also important to understand and/or speak Catalan in the case of autonomous communities with their own language, as in the case of Catalonia. In our office, we will help you schedule the interview. We will provide you with the standard questions they usually ask and direct you to the best way to answer them so that your request is not denied. In addition, the economic resources of the applicant must be included in this study, any relationship existing with relatives legally residing in Spain, the period of time the applicant is registered in his current home, and any information revealed by the applicant in his current home.

5. Final requirements for social arraigo: Language courses

Such additional requirements are very likely to appear in order to acquire social roots, depending on the Autonomous Group in which the applicant is formed. For instance, a 45-hour Catalan course will be required to demonstrate the comprehension of that language in the case of residing in Catalonia. As we have already mentioned, in Spain the arraigo is requested directly (as opposed to the other citizenship usually made in the country of origin). In this case, you will have to apply for an appointment and show all the paperwork according to your place of residence at the nearest foreign office, which you can find here. We will have 30 days to apply for our TIE or Residency Passport after we have approved the application.

Required documents for the arraigo application

To start your application on the day of the appointment with foreigners, you must have the following documents:

  • First, the official residency application model for exceptional situations, model EX-10.
  • Copy and original of your passport. If we have had it at some point,
  • NIE (overseas identification number).
  • Proof that the arraigo application fee has been paid (which is 15,75).
  • El Padrón.
  • Certificate with Criminal Records for the past 5 years.
  • The specific documents that we have seen in this guide according to the form of arraigo you order.

Apostilla and Document Translation In terms of the documents we need to send, there is something we need to be very aware of. All documents attached to the arraigo procedure which derive from the country of origin of the applicant (including criminal records) must be legalized / apostilled and translated into Spanish. Our lawyers will take care of all the necessary procedures for you if you have any problems with the apostilla or sworn translation. Uh, how much time? For how long? The precise time taken by arraigo is dependent on many variables. Among them, all the time we take to collect and prepare the requisite documents, the time it takes to give us an appointment, and the time it takes to provide a answer. A maximum of about 5-6 months can be estimated. The administration has a total of 3 months to issue a response once we have lodged our application with the foreign office. What if, over time, we don’t have an answer? In this case, administrative silence rejected our appeal. Not all is bad news, however. We will either have a month to file a substitute petition with the administration or two months to begin an administrative appeal. Thus, following one of these two methods, it is possible to get us to approve the rooting. And when it was initially rejected by the proposal. How to obtain residence through arraigo As we have seen in the article, we can legally reside in Spain for one year once we obtain a temporary residence permit through arraigo (whether social, labor or family). But, afterwards, what will happen? Could we renew this permit or extend it? No, the extension of this authorisation is not possible. Nevertheless (and here comes the good news) whether we will manage to live in Spain legally. We may actually receive a routine residence permit. In other words, after the initial arraigo authorization ends the first year, we can change the authorization to an ordinary one. This will allow us, with the option to undertake indefinite renovations, to live in Spain for another year. There are, therefore, three different options you would be able to accept. You can change your arraigo to: Work permit for the account of someone else Work permit for self-employmentNon-profit residence (if you don’t want to work in the country). Since the most common thing is to turn to a work permit, it is vital that before the year ends with the arraigo, you have found a job offer. You can’t get this residency permit otherwise. Moreover, to implement such an extension, there is a temporary time limit. It is really important that it be rendered within 60 days before the expiry of the card, or 90 days after its expiry, for exceptional circumstances. Do you want to start applying for your residency permit in Spain and get it as soon as possible with all the necessary rooting procedures? Do you want to start applying for your residency permit in Spain and get it as soon as possible with all the necessary rooting procedures? We’ll take care of it, so don’t hesitate to contact our team! ones. It is one of the residences given to all those individuals who have stayed continuously in Spain for 3 years (although irregularly), due to extraordinary circumstances, and who also have a job contract. Let’s see what are the most relevant key criteria for formalizing the s Demonstrate the 3 years of permanence in Spanish territory As we have just stated, it is important to be able to demonstrate that the applicant has lived 3 years continuously in Spain to request this type of arraigo. But what do we mean by the phrase “de forma continuada”? In order for the period of residency to be considered continuous, the applicant should not have been outside the country for more than 120 days during that period. In this way , it is important to be able to show that he has resided in Spain for at least the last three years. Therefore, the historical registry of each town where it has resided in this period must be given. However, the register is not the only way to demonstrate coexistence. Via bank movements, payments to local establishments (such as pharmacies) over the course of the months, or other similar movements, we can also demonstrate it. Have a work contract First important point. A minimum 1 year work contract must be submitted for the application to be accepted. In other words, we need to find an employer (company or independent) who is willing to hire us and give us a job that lasts at least 12 months. In relation to this employer or company, it is essential that your economic activity has been operating for at least a year. The paperwork that proves your identity (DNI or CIF) and your solvency, among others, should be shown. It is entirely possible to work with more than one organization at a time to achieve this rootedness. The main thing if we have many employers is that the job is the same or within the same profession, and that the work day consists of a minimum of 30 hours per week. Finally, to note that the application can also be submitted without getting a work contract. Even if it’s not what we recommend. In that situation, it would be necessary to have adequate economic resources, and the temporary authorization we will get will not allow us to operate. Demonstrating family relations Another valid (but not indispensable) document for acquiring social roots is one that demonstrates the presence of family ties with foreigners legally residing in Spain. We apply to infants, parents or partners. However, there are some peculiarities to this form of rooting. In the event of not having such relatives, we would need a social integration certificate to demonstrate our relation as foreigners with Spanish society. As we have noted, it is a basic necessity of arraigo to be able to demonstrate that we are somehow connected to the country. AND this provision makes it clear. In what way will we explain it? Mediante un exposé favorable. Informe favorable para conseguir el arraigo social The demonstration of social insertion in Spain and its community is achieved through this study. And it is, without a doubt, one of the most important conditions for the achievement of the arraigo. After an interview with the municipality of the relevant town, in which it is mandatory for the person seeking the arraigo to demonstrate its linkage and incorporation into the Spanish State (knowledge of the language , culture, etc.), the institution issues its evaluation and proceeds to validate the report. But, also, in the case of the Autonomous Communities with their own language, as is the case of Catalonia, it is also necessary to understand and/or speak Catalan. We will help you plan the interview in our office. We will provide you with the standard questions they normally ask and guide you with the best way to answer them so that they do not refuse your request. In addition, the applicant ‘s economic means must appear in this report, any connection existing with relatives who legally reside in Spain, how long the applicant is registered in his current home, and any details that the applicant discloses in his current home. Other requirements: language courses Depending on the Autonomous Community in which the applicant is based, such additional requirements are very likely to emerge in order to acquire social roots. For example , in the case of residing in Catalonia, a 45-hour Catalan course would be necessary to demonstrate the comprehension of that language. As we have already stated, the arraigo is demanded directly in Spain (unlike the other citizenship that is normally made in the country of origin). In this situation, you will have to apply for an appointment and show all the paperwork at the nearest foreign office according to your place of residence, which you can find here. When we have accepted the application, we will have 30 days to apply for our TIE or residence passport. What documentation do I have to provide? You must have the following documents to begin your application on the day of the appointment with foreigners: First, the official application model to acquire residency for extraordinary circumstances, model EX-10, copy and original of your passport. NIE (overseas identification number) if we have had it at any point. Comprobante que demuestre que ha pagado la tasa correspondiente (que son 15,75). €Evidence that the corresponding rate has been paid. Padrón of El. Criminal history certificate over the past 5 years. The unique documents according to the kind of arraigo you request that we have been seeing in this guide. Apostilla and Document Translation There is something that we need to be really mindful of in terms of the documents we need to send. All documents that are attached to the arraigo process and that come from the applicant’s country of origin (including criminal records) must be legalized / apostilled and translated into Spanish. If you have any issues with the apostilla or sworn translation, our attorneys will take care of all the required procedures for you. How much time? How long? The exact time that the arraigo takes is based on several variables. Among them, all the time we take to gather and prepare the necessary paperwork, the time it takes to grant us an appointment, and the time it takes to issue a response. You can measure a maximum of around 5-6 months. Once we have filed our application with the foreign office, the administration has a total of 3 months to issue a response. What if we don’t have an response over that time? In this case, our request has been denied by administrative silence. But not everything is bad news. We would either have one month to file with the administration a replacement appeal or two months to launch an administrative appeal. Thus, it is possible to get us to approve the rooting after one of these two procedures. Even when the proposal was originally rejected. How to obtain residence through arraigo As we have seen in the article, once we obtain a temporary residence permit through arraigo (whether social, labor or family), we can legally live in Spain for one year. But, what will happen afterwards? Could we renew or extend this permit? No, it’s not possible to renew this authorisation. Nonetheless (and here comes the good news), if we will be able to continue living legally in Spain. In fact, we can obtain a routine residence permit. In other words, after the first year ends with the initial arraigo authorization, we may change the authorization to an ordinary one. This will allow us to live in Spain for another year, with the ability to undertake indefinite renovations. Thus, there are three different choices that you will be able to accept. You will be able to change your arraigo to: Work permit for someone else’s account Work permit for self-employmentNon-profit residence (if you do not wish to work in the country). Since the most common thing is to change toward a work permit, it is important that you have found a job offer before the year ends with the arraigo. Otherwise you can not get this residency permit. In addition, a temporary time span exists to execute such an extension. It is really necessary that it is made for extraordinary situations within 60 days before the expiration of the card, or 90 days after its expiration. Do you want to start all the required rooting procedures to apply for your residence permit in Spain and get it as quickly as possible? Do you want to start all the required rooting procedures to apply for your residence permit in Spain and get it as quickly as possible? So don’t hesitate to contact our team, we will take care of everything!

Leave a Comment