Easier process, new additions, upgrades – these are some things that we have seen in the 2024 Immigration Regulation Reform draft. As you may have already heard, the area of arraigo residence permits is one that will undergo multiple changes.
In fact, foreigners will be happy to hear that there will be a new introduction to the arraigo residence permits, which will give foreigners more opportunity to regularize their situation in Spain.
It’s called the second-chance arraigo (arraigo para la segunda oportunidad in Spanish).
In this article, we’ll tell you everything we currently know about this procedure, and how it will be beneficial to many.
Are you ready?
What is the second-chance arraigo?
The second-chance arraigo is exactly what it sounds like: a second chance for those in certain irregular situations to apply for residency.
To be eligible for this process, one must be in an irregular situation at the time of application, must have been living in Spain continuously for two years, and must have been working legally for six months.
It is very similar to the labor arraigo in terms of requirements. In fact, both permits require a time period of two years, and that one has been legally working for at least six months full-time.
However, the second-chance arraigo is specifically created for people who, for certain reasons, were unable to previously apply for regularization.
Let’s find out more about this in the section.
Who is this arraigo process for?
The second-chance arraigo is targeted to two main groups of people.
The first group of people it is aimed at is asylum seekers who were denied or unable to apply for labor arraigo due to certain rules.
Just to give a background on the situation, to be eligible for labor arraigo, one must have been living in Spain for two years and must have been legally working full-time for at least six months.
In the case of some asylum seekers, they were unable to apply for labor arraigo even if they had been working through their work authorization because they were on the temporary red asylum card, instead of an actual residence permit.
With the second-chance arraigo, the months that asylum seekers were contributing to social security in Spain, albeit on a red asylum card, are valid.
The second group it targets consists of individuals who were legally paying social security contributions (either employed or self-employed) for six months, but were unable to renew their residence permits.
They now find themselves in an irregular situation, making them eligible for the second-chance arraigo, provided they have no criminal records. Note, however, that they must NOT have had a residence permit for exceptional circumstances, that is an arraigo residence permit.
Requirements for the second-chance arraigo
As previously mentioned, three of the main requirements for the second-chance arraigo are that the individual:
- Is in an irregular situation
- Has been living in Spain continuously for two years
- Has contributed to social security for six months through working at least 30 hours per week
However, there are other valid situations regarding work duration:
- 6 months of work with a working day of 20 hours per week if the individual has dependents (minors or persons with disabilities)
- 9 months of work with a working week that, on average, has involved more than 20 hours, but less than 30 hours
- 1 year with a working week averaging more than 15 hours, but less than 20 hours per week
It is important to note that self-employed individuals must always adhere to the six months of social security contributions.
Other requirements include not having criminal records, and, of course, paying corresponding fees.
When will it come into force?
While an exact date has not been confirmed, it is anticipated that this amendment, along with other changes and additions, will be published by the end of 2024.
Currently, this is all the information available regarding the new second-chance arraigo. In the coming weeks, we will observe the draft’s development and, eventually, the final Immigration Regulation Reform.
Until then, we will keep this article updated with any new information that becomes public and share updates on our social media channels.
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