If you have been living in Spain illegally for more than a year and you would like to obtain the residency so you can work in the country… this procedure will be of your interest. Because now you have it very easy to get your temporary residence permit under the procedure of arraigo in Spain. There are 3 different types of arraigo that may benefit you, and we will explore each of them in this article. So if you would like to know how to get closer to the permanent residency as an illegal citizen… Read on! In this article we teach you everything you need to know:
What exactly is arraigo?
The arraigo (also called roots procedure) is the process that allows any non-European citizen who has been living in Spain illegally for a certain amount of time to obtain the residency in the country and regularize their situation. Thus, this residence authorization due to exceptional circumstances will allow you to live in the Spanish territory for one year; with the possibility to renew it and modify it to a regular residence permit.
So, basically, it is the ideal 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. Trough the roots procedure, you are allowed to legally live and work in the Spanish territory both for a company or as a self-employed individual in any Spanish region. And that thanks to the regulation included on the Organic Law 4/2000 and the Royal Decree 557/2011.
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.
Thus, the arraigo is one of the different possibilities you have to enter Spain as a tourist and get the residency. In other words, we must forget about the option of requesting a tourist visa in order to initiate the roots procedure later on. It will be done directly without this intermediate step.
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. This temporary residence permit is linked to a work permit. That is why once you get it, you will be allowed to work in the country legally for one year, either for a company or as a self-employed. In addition, once you renew your roots residency for the first time, you will be able to continue with your job without any problem. We will explore what happens after the first year later in this article.
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.
Requirements to apply for arraigo in Spain
There are three different types of arraigo: arraigo familiar, arraigo social and arraigo laboral. Each of them has certain specific requirements associated with, which we must fulfill if what we want is to carry out the application procedure. We will explore each now.
Nevertheless, there are some generalizations we can extract.
First of all, the concept of arraigo is only designed for those individuals that are not from a European Union country. If you are living in Spain and come from a Latinoamerican country, for example, you can apply for arraigo.
In addition, one of the most important requirements is to demonstrate a link with the country. As a foreigner, you will have to prove that certain cultural, social, economic, familiar 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.
Finally, bear in mind that having no criminal records (neither in Spain nor in the country of origin) is another requirement for a successful application.
Let’s see which are the 3 types of arraigo and the particularities of each one of them.
The 3 types of arraigo
Nowadays, 3 are the existing types of arraigo: social (social roots), familiar and laboral. 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 the 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 the 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.
Family arraigo (family roots)
The residency via arraigo familiar will be granted to those foreign citizens whose parents are originative from Spain. Also, to those whose children saged under 18 do have Spanish nationality.
The main upside of arraigo familiar is that, in comparison to the other two types, it is the only that does not have tied to itself any kind of timing requirement.
That is, although arraigo social or arraigo laboral 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 after 4 months living in the country.
On the contrary, what arraigo familiar requires is to demonstrate the kinship bond with your parents or children. And this proof that shows the link with Spain will be:
- The birth certificate of the Spanish child if we are the father or mother of him or her.
- The birth certificate of the Spanish originating father or mother together with the one of the applicant, for the alternate case.
Who can apply for the family roots?
This type of arraigo can be applied by two different groups of foreigners:
- The father or mother of a Spanish child who is under 18; although it is also admitted if she is the father of an EU citizen (not necessary that the kid is Spanish). It is important that the kid lives with you, or that you are economically in charge of her. In other words, it is possible for the child to live with the mother, but if the father pays her food and other expenses, he can apply for the family arraigo.
- Children of Spanish origin. This would be the case of the children of Spaniards who acquired nationality by historical memory. Obviously it would also be the case in which the parents, being children of Spaniards, were also nationals of the country.
With the arraigo laboral, we do find a temporary requirement. It will be granted only to those individuals who can accredit labor relations in Spain for at least 6 months. And that in addition to having lived in Spain continuously for 2 years.
This means that, in order to get the labor roots, you need to demonstrate you have been working illegally for a company for the last 183 days.
During the months that the applicant has not been employed, he or she must have been enrolled in the INEM (National Employment Institute).
How can I demonstrate I have been working illegally for a company?
This part of the process makes the arraigo laboral the least demanded of the three types.
That is because, in order to demonstrate that we have been working illegally as employees for 6 months, we will need a resolution that can be of the following two types:
- Judicial, if we denounce the company in which we have worked and a judge indicates (after a trial) that we have indeed done so irregularly.
- Administrative, if an inspection is made in the company and a report is emitted concluding the company has had illegal workers operating.
In both case we would use these documents (judicial act or inspection act) in the application for the arraigo.
Proof of the continued residence in Spain
In what way can we prove that we have been living in Spain for 2 years continuously?
Documents such as the census will be an 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.
Finally, the last type of arraigo: arraigo social (also called the social roots procedure). This is, without any doubt, the most demanded procedure within the 3 existing ones.
This is one of the residencies due to exceptional circumstances granted to all those individuals who have lived in Spain for 3 consecutive years (although illegally), and who also have an employment contract (they have found a job).
So let’s see what are the main important requirements to formalize the application for temporary residence due to 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 3 years.
What do we mean by the term continuously? For the duration of the residence to be considered as continuous, the applicant must not have been outside of the country for more than 120 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 historic of each location where you have resided during all this time.
Nevertheless, that census or “empadronamiento” is not the only way to demonstrate the continued residency. We can also prove it troughs of bank payments, like payments to local establishments (such as pharmacies) over the course of months, or other similar movements.
Having a job contract
Crucial requirement. In order for the application to be approved, an employment contract of at least 1 year must be submitted. That is to say, we have to find an employer (company or self-employed) who is willing to hire us and offer us a job that lasts, at least, 12 months.
In relation to this employer or company, it will be essential that their economic activity has been running for at least one year. We will have to present the documentation that accredits his identity (DNI or CIF) and his solvency, among others.
It is totally possible to work for more than one company at the same time to get arraigo. The important thing if we have several employers is that the job is the same or within the same occupation, and that the working week consists of a minimum of 30 hours.
Finally, we need to mention that it is also possible to submit the application without having an employment contract. So having a job offer is not 100% necessary, even though that is not what we recommend. In that case, it will be essential to have and demonstrate sufficient financial means to get it accepted. Also, bear in mind than then your temporary authorization won’t authorize you to work.
Demonstrating family ties
Another of the valid but not essential documents to achieve this type of arraigo is that which 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 the 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.
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.), that 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 with the best way of answering 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.
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 the understanding of that language.
That is why you must research in detail which are the exact requirements according to your region, just to make sure you do not forget anything.
Arraigo application procedure step by step
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.
On the day of the meeting with the foreigner’s office, you must provide the following documentation to start your application:
- First of all, the official application form to obtain residence under exceptional circumstances, model EX-10.
- Copy and original of your passport.
- NIE (identity number as a foreigner) if you requested it when you entered Spain.
- Proof that you have paid the corresponding fee (which is €15.75).
- Census (“empadronamiento in Spanish”).
- Criminal record certificate for the last 5 years.
- The specific documents that are required according to the type of arraigo you are applying to. We have discussed each of them in the previous sections.
Apostille and Legal Translation of the documents
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 emit 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 with the administration an appeal for reconsideration or two months to initiate an 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 the residency in Spain trough arraigo
As we have seen throughout this article, once you get the temporary residency through arraigo (whether social, familiar or labor); you will be allowed to live and work legally in the Spanish territory.
But just for a period equivalent to one year.
And then? Can we renew or extend this permit? The answer is no. It is not possible to renew it.
However (and here comes the good news), you can continue living legally in Spain. In fact, 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:
- Work visa to work for a company
- Work permit as a self-employed worker or “autónomo”
- Non-lucrative residence visa (if you don’t want to work anymore)
Since the most common thing is to modify towards a work permit, it will be essential that before the end of the year with arraigo 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.
Start now and get the temporary residency fast
Would you like starting to carry out all the required steps for arraigo and solicit 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 be in charge of everything!