What exactly does this new residency consist of, how can it be obtained and what are the requirements?
In this article you will find out all the details and solved all your doubts.
But, before starting, you must be aware of somethign. This preliminary content is based on the draft published by the government, which surely fill undergo big changes. Nevertheless, this will still be a great read if you would like to understand how this new figure could help you to regularize your situation in a much easier way.
What is the new “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 find 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.
Then, does this replace arraigo social?
The answer is no.
In the draft version of the new Spanish Immigration Law, this new arraigo is just possible after obtaining a job offer to start working for a company.
That is to say, there is no mention of the option of obtaining it as a self-employed worker.
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, then you would have to resort to the conventional 3-year social arraigo.
Below you can find all the requirements that have been defined for the “arraigo sociolaboral” within the legal draft for this new law.
But it is very important to emphasize that, on the one hand, it is only a draft, which means that it is likely to undergo many changes.
Therefore, this makes us understand that this is just a guideline and that we will have to wait to be able to draw well-founded conclusions.
However, below are the requirements for this new arraigo:
- 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
- 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 process with streamlined requirements.
But, again, we will have to wait for the final text to see how these requirements evolve and how they are outlined.
There are many pending points to be dealt with in the draft that could radically change the context of this new permit.
When will it come into force?
In view of the great advantages that the social-labor arraigo could bring, many foreigners are wondering when it will come into force definitively (if it actually does).
In that sense, it is possible to think that this new arraigo could become available at the end of 2024.
However, this is something we do not know for sure, and we will have to wait.
Wait to see how the requirements of this new permit evolve, and when it becomes available.
Although we may think that this figure of the arraigo sociolaboral will be maintained, it could undergo major changes and modifications.
We will keep you informed of any new developments on our blog and social networks.
Until then, and if you need personalized legal advice, our immigration lawyers are at your complete disposal.
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