New sociolaboral arraigo in Spain

What is arraigo sociolaboral, how can you obtain it, and what are its requirements?

In this article we will tell you all the details you need to know in order to legalize your situation after only 2 years in Spain, so keep reading to access a complete guide on this new residency.

 

What is arraigo sociolaboral?

 

The laborsocial arraigo is a new residence authorization for exceptional circumstances that would be granted to those foreigners who have been in Spain irregularly for 2 years and have one (or several) job offers.

Until now, in order to regularize your situation with a work contract, there was the figure of social arraigo, perhaps the most popular form of arraigo.

This residency required, in addition to a job offer with minimum conditions, to have been in Spain in an irregular situation for at least 3 years.

But now, with this new residency, this time would be reduced to only 2 years, which is a great advantage for any foreigner in the country as the time required is reduced by 365 days.

Thus:

• Socio-labor arraigo is a new residence for exceptional circumstances
• It will be granted to foreigners who have been in Spain for 2 years and have one (or more) job offers
• It will grant you a residence and work authorization for 1 year
• Once this year is over, you will be able to modify it to a 4-year permit

Then, does this replace arraigo social?

The answer is no, as it does not offer you the possibility of obtaining it through your own economic means or by starting your own business.

Therefore, and in principle, the period prior to the application is only reduced to 2 years if you have an employment contract.

In order to apply as a self-employed worker, or using your own funds because you have a relative in Spain of whom you depend economically, then you would have to resort to the conventional 3-year social arraigo.

If you don’t want to wait these 3 years but you haven’t found a job offer either (so the socio-laboral arraigo doesn’t fit), the best alternative will be the also new socio-training arraigo.

This will allow you to regularize your situation by enrolling in a vocational training course and also to work up to 20 hours a week!

 

Requirements for laborsocial arraigo

 

Below, you can find all the requirements for the arraigo sociolaboral:

• First of all, you must be in Spain under an irregular situation
• To have stayed in Spanish territory for at least 2 years prior to the application 
• Have one (or more) employment contract(s), which must pay at least the minimum interprofessional wage (SMI) or what is established within the collective bargaining agreement
• Several part-time contracts may also be valid, as long as they total a minimum of 20 hours per week
• Two or more contracts with different employers may be submitted, as long as they are linked and are within the agricultural sector
• You can’t have criminal records in Spain or in any country where you have lived for the past 5 years
• Fulfill the rest of the general requirements, such as the payment of the corresponding fee, and not to appear as rejectable in the Spanish territory and those with which Spain has signed an agreement

As you can see, and only for now, the often complicated arraigo integration report is not required (something that is in the social arraigo).

So applicants would enjoy a process with streamlined requirements.

 

What is the difference between social arraigo and socio-laboral arraigo?

There are two main differences between arraigo social and arraigo sociolaboral: the minimum time you must have been in Spain prior to the application and the way to prove your ability to sustain yourself in the country.

Thus, on the one hand, arraigo social still requires that you have been in Spain for at least 3 years, illegally, while the arraigo social laboral only requires 2 years in the same conditions.

On the other hand, you will only be able to apply for the arraigo socio-laboral if you get one or more job offers that pay at least the minimum wage in Spain, and whose working hours, added together, are at least 20 hours per week.

This is not possible with the social arraigo, since it can only be requested if the applicant has family members in Spain on whom he/she depends economically (proving 100% of the IPREM, which is equivalent to 600€ per month) or starts his/her own business in the country.

 

When will it come into force?

 

With the new reform of the immigration law in Spain, the different figures of “arraigo” change radically.

Now, as we have seen, after 2 years in Spain (instead of 3) and if you have a job offer, you will be able to apply for this new type of arraigo.

If you have a relative in Spain or you want to work as an employee, you will still have to apply for the “arraigo social”.

But, in all other cases, this will be your permit.

Seeing the great advantages that the social-labor arraigo could bring, mainly because it does NOT require the tedious social integration report, many foreigners are waiting for the entry into force of this new procedure with great interest.

But it will not be until May 20, 2025, that you can submit your application.

Until then, if you need personalized legal advice, our immigration lawyers are at your disposal.

 

Book a consultation with one of our lawyers and we’ll answer all your questions:

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Related content of interest:

• Requirements for social arraigo in Spain
• Residency through family arraigo
• Labor arraigo process explained
• Educational arraigo residency options