If you have been in living Spain without residency for some time and want to legalize your situation, the social arraigo is the ideal option to get a residence and work authorization for one year. However, one of its main requirements is to get a job offer, something that is usually complicated for many foreigners (especially since they are in an irregular situation). That is why many of them start to wonder: is it possible to obtain “arraigo social” without having a work contract or finding a job offer? Below you will find a detailed answer.
Can I apply for arraigo without a job contract?
Yes, it is entirely possible to successfully apply for social arraigo without having a job offer, even though the general rule is that you must first find a job contract
In fact, there are two different ways to do this (as we will see below): by starting your own self-employed activity or by presenting sufficient economic means (which can be directly yours or from a relative with whom you live).
Although it is true that these are two more complex paths than in the case of the employment contract, this alternative is still totally possible, and if you meet the requirements that we will now detail, your application will be successfully approved.
This point is of great importance and interest, especially in the current situation in which finding a job in the Spanish territory as a foreigner is usually such a complicated task.
Arraigo through self-employment
Instead of looking for a company that hires you and get a job offer from them, in this case you would apply for social arraigo by starting working activities independently (i.e. registering as a self-employed or independent professional).
The requirements are exactly the same as in the general case of social arraigo, but with an added extra.
In this case, it will be necessary to justify and define precisely what activity you will develop, how you are going to finance your operations, create a financial projection, define how you will structure your marketing efforts, etc.
And that is something that you will need to detail exhaustively through a business plan, the most important requirement in this type of application.
In order for you to create a successful business plan that will be accepted by the immigration office, here is a complete guide with all the elements it should include.
On the other hand, it will also be important to demonstrate that you have sufficient qualifications to develop this activity, both in terms of education/training, as well as sufficient work experience related to the activity to be developed.
In other words, the Immigration Office must fully understand that you are capable of meeting the challenges that your project will generate with your previous experience and knowledge.
Finally, it is also necessary to demonstrate the possession of sufficient economic means.
We are talking about funds both to start and maintain the business operations during the year that the arraigo lasts.
In this last case, it would be 100% of the IPREM (about 7.000€ per year), added to the 3.000-5000€ necessary to set up and maintain your business (therefore, you will have to demonstrate the possession of about 10.000 – 12.000€ in total).
Social ararigo through your own economic means
On the other hand, there are cases in which it is not necessary to provide an employment contract because you have sufficient financial means on your own (therefore, you do not need to start any activity on your own).
In other words, you are able to demonstrate that, through one of the 2 options that we will now see, you have access to enough money to support yourself in Spain for a year.
We are talking about 2 main options:
- First of all, the cases in which you yourself directly have sufficient means (for example in your bank account)
- And, on the other hand, it is also entirely possible to make the application through the funds of a direct relative with whom you must be living with. This would be the case, for example, of a spouse who works and can support you (in which case you should provide the marriage certificate or registration of civil partnership).
In either of these two cases, you must first provide these economic means when requesting the social integration report. This document will state that there is no need to present the job offer in the application with the immigration office.
But what exactly is the amount of money you should prove?
We are talking about an amount very similar to that of family reunification, now objectively and set at 100% of the Minimum Vital Income, about 590€ per month, in all immigration offices.
Finally, you should note that under this option, the exceptional circumstances authorization you will get will not contain a work permit (so you will not be able to work in the country).
Remaining general requirements to apply for permanent residence without a work contract
So far we have analyzed the specific requirements that you will have to comply with in each of these alternatives when submitting your application for arraigo without a work contract.
However, although the need to submit a job contract disappears, there are still a series of requirements specific to social arraigo that must be met.
We are talking about:
- Demonstrate your integration with the Spanish culture and society, either through a personal interview or by demonstrating the link with a Spanish relative (if you have one)
- Demonstrate that you have been in Spain for 3 years continuously (something you can do through the registration certificate or padrón, with receipts and invoices, etc.).
- Demonstrate the lack of criminal records (unless you have been in Spain for 5 years or you previously made a different immigration application)
In case you do not meet the requirements for social arraigo, you still have two options available: family and labor ararigo. You can find all the details here.
And, if you need further assistance, you can also contact our immigration lawyers so that we can assist your: