Arraigo familiar is a type of exceptional authorization that is granted to foreigners who are parents of a community child, or children of a parent who is originally Spanish. It is valid for one year. It cannot be renewed, but upon expiration, the foreigner can apply for a residence permit.
This is one of the ways to obtain temporary residence in Spain. It is granted for exceptional reasons and allows you to work or even set up a company.
Requirements for Arraigo Familiar
- Parents of a child born in Spain or in the European Union.
- Children of a father or mother of Spanish origin. It refers to non-European foreigners, whose parents were born in Spain or obtained Spanish citizenship under the Ley de Memoria Histórica (Historical Memory Law). Also, those whose parents did not apply for Spanish nationality when they were born.
In addition, there are other requirements:
- Not be a citizen of a country of the European Union, the European Economic Area or Switzerland, or a family member of citizens of these countries to which the European Union citizenship regime may apply.
- Not have a criminal record, in Spain or in other countries of residence, for acts considered crimes according to Spanish law.
- Proof that you live with the child born in Spain or in the European Community or that you comply with the obligations towards the child.
- Not being within the period of the commitment not to return to Spain. This applies to foreigners who have taken part in a voluntary return program to their countries of origin and is for three years.
If, on the other hand, you have accessed Arraigo Familiar because you are the child of a father or mother who was originally Spanish, your card will only last for one year. In this case, the interested party would go from having a residence authorization due to exceptional circumstances of Arraigo Familiar, to obtaining a residence permit or initial residence and work permit, contemplating three possibilities:
- Residence and work as an employee.
- Residence and self-employed work.
- Non-profit residency.
Procedure for the renewal of Arraigo Familiar
The modification of the Arraigo Familiar must be made at the Immigration Office of the city where you have established your residence.
You must submit the renewal within the legal deadlines established for this purpose. In this case, you can:
- Submit your renewal within 60 days prior to the expiration of your card.
- You can also submit your card renewal within 90 days after your card expires. Here you run the risk that the Immigration Office could fine you for having let your authorization expire.
Like any other procedure, you can do it in person at the office itself or electronically.
Approval of the renewal of Arraigo Familiar
In this case, you must go to the corresponding Police Station and process your physical card. To do this, we must provide:
- Application for a Foreigner’s identity card, in official form (EX-17).
- Proof of payment of fee 790 code 012.
- Resolution granting the modification or extension of your Arraigo Familiar.
- Three recent color photographs, on a white background, passport size.
Having a Spanish under-legal-age child
In this case, arraigo familiar is contemplated for those parents who have under-legal-age children who are Spanish citizens. Here, and after the reform of the immigration regulations, it can be processed whether you live with the minor or not. In the event that there is no such coexistence with your child of Spanish nationality, you must prove that you are up to date with the parent-child obligations, that is, that the child support is paid or the agreed visits are made.
Here a residence and work authorization is granted with a duration of 5 years.
If you have a child who is under legal age EU citizen
If you have a minor child who is an EU citizen (e.g. French, German, Italian, etc.), you can apply for this arraigo familiar if you do not live with the child or if you live with the child but do not have the financial means to apply for an EU residence permit.
Regulations for the application of Arraigo Familiar
- Organic Law 4/2000, of January 11, on the Rights and Freedoms of Foreigners in Spain and their Social Integration (art. 31.3), the well-known Immigration Law.
- Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011, of April 20 (articles 123 to 130), that is, the Immigration Regulation.
- Instruction DGI/SGRJ/10/2008, on temporary residence authorizations due to exceptional circumstances, in the case of children of a father or mother who were originally Spanish.
Denial of Arraigo Familiar
If, on the other hand, you receive a resolution denying your arraigo familiar, you will be able to file the corresponding optional appeal for reconsideration within a period of one month from receiving the notification. You will also have the option of going to court and filing the Contentious Administrative Appeal within two months of receiving the resolution.
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