The arraigo consists of the ties that unite the foreign citizen with the place where he resides, whether for economic, social, family, work, academic or other reasons.
In this case, the foreign citizen in an irregular situation may request residence in Spain in accordance with the ties that he has developed in Spanish territory.
For this reason, we can find 4 types of Arraigos:
We will go on to study each of these in the following sections.
Arraigo Familiar is a temporary residence permit for exceptional circumstances granted to foreign citizens residing in Spain and provided that you are in one of these situations:
Arraigo Familiar requirements
To apply for Arraigo Familiar, you must meet the following requirements:
Step-by-Step: Request Arraigo Familiar
Arraigo Laboral offers you the possibility of obtaining a temporary residence permit if you have been residing in Spain continuously for at least 2 years and if you have worked for a minimum of 6 months.
Arraigo Laboral Requirements
To apply for Arraigo Laboral, you must meet the following requirements:
Importance of residing in Spain for 2 years
It is very important to provide documentary evidence that you have remained in Spain for 2 years continuously and without absences exceeding 90 days.
Proof of the employment relationship
To prove the employment relationship, you must present any evidence that demonstrates the existence of a previous employment relationship carried out in a legal situation of stay or residence. This may include documents proving continuous work activity for at least 6 months, either as an employee with a minimum of 30 hours a week for 6 months or 15 hours a week for one year, or as a self-employed person with continuous activity for at least 6 months.
You will also need to prove that you do not have a criminal record in your country of origin or in any country where you have resided in the last 5 years.
Remember that this permit is only available to people who are in an irregular situation in Spain. Therefore, if you have an application for International Protection in progress, for example, you will not be able to access this authorization.
I want to apply for Arraigo Laboral, what do I have to do?
First you must prepare all the documents:
Then you must submit the application to the Immigration Office where you reside, providing the documents described above and having paid the fee.
The procedure can be completed by: You can do it in person or online, which is the best option since it is very difficult to get an appointment to go to the Office.
Another of the most well-known arraigo in Spain is the Arraigo Social. This permit is granted to those people who have resided in Spain continuously for at least 3 years and provided that you meet one of the following conditions:
Requirements for Arraigo Social
To apply for Arraigo Social, you must meet the following Requirements:
I have a job offer. Is this enough to apply for Arraigo Social?
The job offer must represent a weekly workday of no less than 30 hours in total and guarantee at least the minimum interprofessional wage.
In addition, the contract may have a minimum duration of 20 hours in cases where you have minors or people who require support measures for the exercise of their legal capacity.
In some specific cases, multiple employment contracts may be presented, such as in the agricultural sector or when you work for several employers part-time and simultaneously in the same or different occupation.
I want to apply for Arraigo Social, what do I have to do?
First you must prepare all the documents:
You must then submit the application to the Immigration Office where you reside, providing the documents described above and having paid the fee.
You can do the procedure in person or online, this being the best option since it is very difficult to get an appointment to go to the Office.
This arraigo was introduced in the reform of said regulation and came into force on August 16, 2022.
If you have been in Spain continuously for at least 2 years, you can obtain a residence permit for 12 months.
Requirements for Arraigo para la Formación
To request Arraigo para la Formación you must meet the following requirements:
I want to apply for Arraigo para la Formación, what should I do?
First you must prepare all the documents:
The application is submitted to the Immigration Office where you reside, and you can do it in person or online, this being the best option since it is very complicated to obtain a appointment to go to the Office.
FREQUENTLY ASKED QUESTIONS
The immigration regulations do not require living with the Spanish minor in order to apply for Arraigo Familiar. In this sense, the permit can be processed whether or not you live with the minor. But in the case of non-cohabitation, the applicant must demonstrate that he is up to date with his parental obligations (paying child support, complying with the visitation regime, etc.)
You can process Arraigo Familiar as long as you lack the financial means to be able to process a EU family card.
Yes, you can request it as long as you are in charge of the disabled person and you live with them.
The first difference is that family reunification is a procedure to be carried out only by foreign citizens who have a valid residence permit in Spain, while Arraigo Familiar can be requested by both foreign citizens and Spanish nationals.
The second difference is where your relatives are at the time of the application. If your relatives are in their country of origin, you must process family reunification. If they are already in Spanish territory, you must regularize their situation through Arraigo Familiar. This last case could also be applicable to the Community Family Card.
There are immigration offices that allow Arraigo Familiar only for relatives of Spanish citizens. Others allow it with the Community Family Card. And still others allow both, always depending on the requirements that the applicant meets. In any case, an instruction from the Immigration Office is pending to be issued to clarify which is the most appropriate for this type of case, since the immigration offices in Spain do not have a uniform criterion for this type of case.
The legal deadline to respond to the application is 3 months, otherwise, it will be deemed denied due to administrative silence. However, keep in mind that the immigration offices are overwhelmed with work, so they can respond favorably to your application after the 3-month period has elapsed.
If you are the father or mother of a Spanish minor or a relative of a Spanish citizen (spouse, common-law partner, father or son), the authorization granted will be valid for 5 years. Close to this expiration you will be able to apply for the long-term residence permit.
If the application is because you are the child of a Spanish father or mother by origin, your card will only be valid for 1 year. In this case, you will be able to process the residence and work permit for someone else or for yourself. Also the non-profit residence.
You can prove it by providing a rental contract, registration history, invoices, money transfers, medical certificates, among others.
The card will be valid for 1 year. After that, you can choose to apply for a residence and work permit, either as an employee or as a self-employed person.
Arraigo Laboral will allow you to reside in Spain as long as you prove that you have been in the territory for 2 years and have worked for at least 6 months. In this case, you do not need to provide any type of job offer, nor prove that you have the resources to start your own business.
As for Arraigo Social, the law requires that you have been in Spain for 3 years and also have a full-time job offer, prove that you have financial resources or justify a business project.
In this case, you can apply for Arraigo Social on your own, creating your own company for which you must prove a business plan and an investment to be made. You can also apply for it by justifying that you have your own financial resources or those of a family member.
They count from your entry into Spanish territory. For this reason, you must provide all possible documents for this, such as a rental contract, registration history, invoices, money transfers, medical certificates, among others.
If the training lasts more than 12 months or its duration exceeds the validity of the first authorization granted, this residence permit can be extended once for another 12 months.
Once you complete the training, and during the validity of the residence permit, you must submit the application for a residence and work permit to the Immigration Office, together with an employment contract signed by you and the employer that guarantees at least the minimum interprofessional salary or the one established by the collective agreement in force at that time, and proof of having passed the training provided for in the residence application. In these cases, the Immigration Office will grant you a work and residence permit for 2 years.
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