Are you in Spain illegally without a residence permit and have been in the country for some time now? Then keep on reading. Because residency through arraigo may be the option you need to regularize your situation and obtain temporary residence for exceptional circumstances.

In this post, you will learn in detail about the 5 types of arraigo in Spain, the requirements for each of them, and the step-by-step application process.

Once you finish reading this article, you will find out how to live and work legally in Spain in the long run. Let’s get started!

Key takeaways

  • What it is: a temporary residence permit under exceptional circumstances for non-EU citizens living irregularly in Spain who want to regularise their situation and live and work legally.
  • Types: social, socio-labour, socio-training, family and second-chance arraigo; all of them require 2 years in Spain except family arraigo, which has no minimum period.
  • General requirements: you must not be from an EU country, must have no criminal record in Spain or your home country, and must prove cultural, social, economic, family or academic ties with Spain.
  • How to apply: from Spain, at the immigration office for the area where you live or online, with form EX-10, your passport, your census registration and an apostilled, translated criminal record certificate.
  • Duration and next steps: the initial permit lasts 1 year (5 for family arraigo), after which you can switch to an employee or self-employed work permit, or to non-lucrative residence.

What exactly is arraigo?

Arraigo is the process that allows any non-European citizen who is currently in an irregular situation and has been living in Spain for a certain amount of time to obtain Spanish residency and regularize their situation. Thus, this residence authorization due to exceptional circumstances will allow you to live in Spanish territory for one year, with the possibility of renewing it and converting it to a regular residence permit. 

So, basically, it is the right choice for all those individuals who are in an irregular situation in Spain.

Those who entered the country with any kind of permit or visa and overstayed, but who want to become legal. 

And the arraigo is the solution to that. Through the roots procedure, you are allowed to legally live and work in Spanish territory, either for a company or as a self-employed individual (this last has restrictions in the “arraigo sociolaboral”) in any Spanish region. And that is thanks to the regulation included in the Organic Law 4/2000 and the Royal Decree 1155/2024.

One of its main advantages is that you can apply directly from Spain. This is a much more comfortable option compared to the rest of residence permits, which in most cases require more complex procedures that must be initiated from the country of origin.

But what do we mean by exceptional circumstances? What requirements must be met to apply for arraigo in Spain? 

Can I work in Spain with arraigo?

Yes. You can work in the country legally for one year with your arraigo (either for a company or as self-employed). As we said, you cannot work as a self-employed worker with arraigo sociolaboral).

In addition, once you renew your roots residency for the first time, you will be able to continue with your job without any problem (as long as you meet all the requirements). We will explore what happens after the first year later in this article. 

In that sense, once the foreigner obtains her temporary residency thanks to any of the five types of arraigo, she must register with Social Security within 30 days following the granting of the authorization in order to be able to legally work in Spain (which can be done in any region or city).

However, bear in mind that children under the age of 16 will not be able to work no matter how successfully they obtained their arraigo.

And, all of those who are between 16 and 18 years old will need explicit authorization from their parents or legal representatives to work.

Do you have any questions so far? Ask our lawyers anything or keep reading for more information:

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Requirements to apply for arraigo in Spain

There are five different types of arraigo:

  • Arraigo familiar
  • Arraigo social
  • Arraigo sociolaboral
  • Arraigo socioformativo (arraigo for studies)
  • And the second chance arraigo (de segunda oportunidad).

Each of them has certain specific requirements associated with it, which we must fulfill if we want to carry out the application procedure. We will explore each now.

Nevertheless, there are some generalizations we can extract. These are the general requirements for all types of arraigo:

  • You cannot be from a European Union country. If you are living in Spain and come from a Latin American country, for example, you can apply for arraigo.
  • You must demonstrate a link with the country. As a foreigner, you will have to prove that certain cultural, social, economic, family, or academic factors directly link you to Spain. And that is the reason why you will be granted residence after all. How to demonstrate that? With the contribution of certain specific documents, which we will also go through in this article.
  • You cannot have criminal records (neither in Spain nor in the country of origin) for a successful application.

Let’s explore the 5 types of arraigos and the particularities of each one of them. 

The 5 types of arraigo

The 5 existing types of arraigo are: social arraigo, family arraigo, second chance arraigo, arraigo sociolaboral, and arraigo socioformativo.

According to your particular situation, one of them will be the ideal option to become legal in Spain.

When it comes to immigration issues, it is highly probable that arraigo is your best alternative in order to live and work legally in Spain. And that is because it does not require a difficult application procedure from your country of origin. But before getting temporary residence under this process, you should clearly know what each of the three types consists of in order to choose the one that best fits your case.

To start, we have created a table to give you an idea of each arraigo: 

Social arraigo Socio-labour arraigo Socio-training arraigo Family arraigo Second-chance arraigo
Previous residence in Spain 2 years 2 years 2 years No minimum residence period required 2 years
Duration of the initial authorisation 1 year 1 year 1 year 5 years 1 year

Family arraigo (family roots)

The residency via family arraigo will be granted to those non-EU foreigners who:

  • Whether they are parents or guardians of a minor from the EU, the EEA or Switzerland, as long as they prove they reside in Spain, have the minor in charge and live with them.
  • They are those who provide support to a person with a disability from the EU, the EEA, or Switzerland, as long as it is their family member, they are in charge of the person with a disability, and they live with them.

The main upside of arraigo familiar is that, in comparison to the other five types, it is the only one that does not have any kind of timing requirement tied to it (as well as not requiring proof of economic means).

That is, although arraigo social or arraigo sociolaboral require you to live in Spain for a certain period of time and the need to prove that, the family arraigo does not. So you can get it, for example, after just 4 months of living in the country. 

Sociolabor arraigo (arraigo sociolaboral)

With the labor arraigo, we do find a temporary requirement. It will only be granted to those individuals who can accredit having an employment contract that meets certain requirements and that allows you to integrate into Spanish society once you obtain residency

In addition to having lived in Spain continuously for 2 years.

This means that, in order to get the labor roots, the contract must:

  • Guarantee at least the minimum interprofessional salary (17,094€ per year) or the salary established in the applicable collective agreement
  • Have a weekly working day equal to or greater than twenty hours on a global basis

You can contribute more than one employment contract if:

  • You do seasonal work related to seasonal activities
  • If you work partially and simultaneously for more than one employer

Finally, if the contract has a specific duration, it must always be longer than three months.

Studies arraigo (arraigo socioformativo)

The studies arraigo allows you to undergo training or studies for up to 1 year in Spain (renewable), in order to later modify to a work permit. To apply, you must have been living in Spain continuously for 2 years illegally.

It is important to note that not all courses are valid. You have to review which courses allow you to opt for socio-formative roots.

The course 

The studies arraigo requirement that must be given significant consideration is the course that you are taking. Not only does it influence your job options in the future, it also must fit into certain conditions. Generally, it can either be fully in-person or a hybrid (in-person and online), but never fully online.

You have 4 options for the type of training that you take: 

  1. Training authorized by the Public Employment Services
  2. Post-compulsory secondary education
  3. Professional certificates (Grade C)
  4. Adult education

It is important to note that you don’t have to already be carrying out your training at the time of application; you just have to already be evidently committed to it. However, you must begin within 3 months of obtaining your permit. 

You can find the list of valid centers and training courses in the following 2 links:

Social arraigo

Then we have the arraigo social (also called the social roots procedure). This is, without any doubt, the most demanded procedure among the 5 existing ones.

This is one of the residency permits due to exceptional circumstances granted to all those individuals who have lived in Spain for 2 consecutive years (illegally), and who also have either a relative residing in Spain or proof of social integration. 

So let’s see what the main requirements are to formalize the application for temporary residence due to social roots.

Demonstrating the 2 years of residency for social roots

As we have just mentioned, it is essential in order to get the social arraigo, to demonstrate that we have stayed continuously in Spain for 2 years.

What do we mean by the term continuously? For the duration of the residence to be considered continuous, the applicant must not have been outside the country for more than 90 days.

In this way, it is necessary to prove that you have lived in Spain for at least the last three years. Therefore, you must provide the census history of each location where you have resided during all this time.

Nevertheless, that census or “empadronamiento” is not the only way to demonstrate continued residency. We can also prove it through bank payments, like payments to local establishments (such as pharmacies) over the course of months, or other similar movements.

Even the passport, with its entry and exit stamps, will be valid proof.

Demonstrating family ties

Another valid but not essential document to achieve this type of arraigo is one that demonstrates the existence of family ties with foreigners residing legally in Spain. We refer to children, parents, or partners.

Nevertheless, social arraigo has certain peculiarities. In the case of not having those family members, we will need a certificate of social integration to demonstrate the link with Spanish society.

As we have said, it’s a basic requirement for us to prove that we’re linked to the country in some way. And this specific requirement is one of the ways of doing so.

So in which additional way can we prove it? Through a favorable report.

Favorable report to apply for social arraigo

The demonstration of social insertion in Spain and its community is achieved through this report. And it is, without any doubt, one of the most important requirements in order to achieve arraigo in Spain.

First of all, you will go through an interview with the town council of the pertinent locality. There, it is necessary that the person requesting the arraigo demonstrates its connection and integration to the Spanish State (knowledge of the language, culture, etc.), and that the institution issues its assessment and proceeds to validate the report.

How well you speak and understand Spanish will be something that is analyzed and valued in the interview. In addition, in the case of Autonomous Communities with their own language, such as Catalonia, it is also important to understand and/or speak Catalan.

At our office, we can help you with that. We will give you the typical questions they usually ask, and we will guide you on the best way to answer them so that your application is not denied. 

This report must also include the applicant’s financial means, any existing ties with relatives legally residing in Spain, how long the applicant has been registered in his or her current home, and any information that shows the integration with a Spanish socio-cultural institution. 

Economic means

The last fundamental requirement is to prove that you have sufficient financial means to survive. These are measured with the IPREM, which is updated each year.

Specifically, you must demonstrate:

  • At least 100% of the annual IPREM (if you do not have a family member residing in Spain), this is 7,200€.
    100% of the IPREM for you, plus an additional 100% of the IPREM for you and the family member you have living in Spain, regardless of how many members there are in the family unit.
  • Favorable report to apply for social roots

Other requirements: language courses

Depending on the Autonomous Community in which the applicant is located, it is very likely that certain requirements will arise in order to obtain the arraigo social.

For example, in the case of residing in Catalonia, it will be necessary to take a 45-hour Catalan course in order to demonstrate understanding of that language.

That is why you must research in detail what the exact requirements are according to your region, just to make sure you do not forget anything.

 Second chance arraigo

Finally, the last type of arraigo available is second chance. What does it consist of?

Second chance arraigo is for those people who had legal residence in Spain in the two years immediately prior to their request for roots (other than roots) and lost it due to an administrative problem.

Because of this loss, they were left in an irregular situation and have been like this for two years.

This arraigo lasts for one year, and in the event of a concession, it also allows you to work, both self-employed and employed.

It is very important to understand that the loss of your previous legal residence could not, under any circumstances, be for reasons of disorderly conduct or similar, but simply due to administrative problems beyond your control.

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Proof of continued residence in Spain for arraigo

In what way can we prove that we have been living in Spain for 2 years continuously?

Documents such as the census will be effective proof, this being the probative document par excellence. However, there is freedom as to how we can demonstrate the duration of the residence.

And what if we cannot present the census? Well, in that case, we can make up for its absence with other alternative documents.

The existence of a bank account with some transactions, a rental contract, or medical certificates (if we had to go to the emergency department for example) are equally valid documents for that purpose.

The ideal at this point (in the absence of the census) would be to provide an alternative probative document for each of the corresponding months of residency.

Arraigo application procedure step by step

The process to obtain this type of residency is the same for the 5 types of arraigo we have seen in this post. Below, we detail the exact duration of the procedure, as well as where to start it.

Where should I submit my application?

As we have already mentioned, arraigo is requested directly from Spain (unlike other permits that are generally requested in the country of origin).

In this case, you should get an appointment and present all the documentation at the nearest immigration office according to where you live, which you can find here. Once the application has been approved, you will have 30 days to apply for your TIE or residence card.

Nevertheless, one of the main advantages of this procedure is that it is one of the immigration residence applications that can be applied for online.

Required documents

On the day of the meeting with the foreigner’s office, you must provide the following documentation to start your application:

Apostille and legal translation of the documents

There is something we must bear in mind regarding the documentation to be presented. All documents that are submitted for the roots process and that come from the applicant’s country of origin (among others, criminal records) must be legalized/apostilled and translated into Spanish.

If you have any problems with the apostille or the legal translation, our lawyers will take care of all these necessary procedures for you.

How long is the procedure?

The exact time it takes to get arraigo depends on many factors. These include how long it takes to prepare all the documents, how long it takes to get an appointment, and how long it takes to get a favorable response. You can estimate a maximum of 5-6 months.

Once we have submitted our application to the immigration office, the administration has a total of 3 months to issue a response.

What happens if, after that time, we do not get any response? In that case, your application has been denied due to administrative silence.

But not everything is bad news then.

You will then have one month to lodge an appeal for reconsideration with the administration or two months to initiate a contentious-administrative appeal. Thus, it is possible to get a successful application after one of these two procedures. Even if the application was initially rejected. 

How to get residency in Spain through arraigo

As we have seen throughout this article, once you get the temporary residency through arraigo, you will be allowed to live and work legally in Spanish territory.

But just for a period equivalent to one year.

And then? Can we renew or extend this permit? The answer is yes. It is possible to renew it.

Although it is possible to do so, it is usually best to opt for another type of residence, since renewal can be difficult to achieve compared to other, much more favorable and advantageous types of residence.

In fact, after the first year, you will be able to get a regular residence permit. That is to say, after finishing the first year with the initial authorization of arraigo, you can modify this authorization towards an ordinary one.

This will allow you to live in Spain for another year, with the possibility of indefinite renewals. Thus, there are three different options you will have available when the renewal time comes. You can modify your arraigo to:

Since the most common thing is to modify towards a work permit, it will be essential that, before the end of the year you find a job offer. Otherwise, you will not be able to get your residence permit.

In addition, there is a time limit for this extension. It is crucial that this modification is done during the 60 days before the expiration of the card due to exceptional circumstances, or 90 days after its expiration. 

Spanish citizenship through arraigo

Spanish nationality can be obtained in different ways, and one of them is through continuous residency in the country. That is to say, Spanish citizenship is granted to those foreigners who have lived legally in the country for a sufficient period of time. 

Therefore, once you get your “arraigo,” you will have taken the first step to obtain nationality. Let us continue to understand how this process works.

The general rule is that any foreigner who has lived in Spain with her residence permit uninterruptedly for 10 years can obtain Spanish citizenship by residence. However, there are some exceptions to this general rule: 

  • If you are married to a Spanish citizen, you will only have to live 1 year in Spain to obtain it
  • Just 2 years for citizens of Portugal, the Philippines, Andorra, or any Latin American country or Equatorial Guinea
  • If you are a refugee, the time required is 5 years

That is to say, depending on which of these three groups you are in, you will have to wait more or less time living legally in Spain; but the important thing is to know that it is indeed possible to obtain the nationality by any of the 5 roots residencies. 

Why? Because your first year with your permit for exceptional circumstances does count for citizenship (but of course, not those you have been in the country without a legal residence permit).

After one year of validity of this authorization, you will have to modify your permit to any of the authorizations contemplated in the immigration law. In this sense, this change of card does not imply a loss of the continuity of the period of residence in the country, but rather, once the second card is granted, the period will continue to count from the time the resident status was recognized with the first concession. 

On the other hand, the situation is a little different if the modification of the card is denied (that is, moving from arraigo to any other residency).

If, for any reason, you lose your card, this would entail the loss of your resident status. Thus, if you regularize your situation again in the future, the periods of residence required for nationality will begin to be counted from zero, since the continuity of your legal residence has been interrupted.

Start now and get your arraigo residency fast

Would you like starting to carry out all the required steps for arraigo and apply for your residence permit in Spain? If the answer is YES, and you want to do it FAST…

Then do not hesitate to contact our lawyer team, we will take care of everything!

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