Arraigo is one of the ways to obtain a temporary residence permit in Spain. It is granted to foreigners who are in Spain without a residence or work permit, have family ties, or are socially integrated.
There are different types of Arraigo: Family, Labor, Social, and for Training. Next, in this blog we will tell you what each one is about, keep reading!
And if you have any questions, you can contact Entre Trámites and we will solve it for you. You can manage your Arraigo with us, schedule a free consultation!
Family Arraigo
This is a temporary residence authorization for exceptional circumstances that may be granted to foreign citizens who are in Spain and:
Either they are the father or mother of a minor of Spanish nationality with whom they live or if there is no cohabitation with said minor, they are up to date with their parent-child obligations. Likewise, this type of permit may also be processed for people who provide support to a person with a disability and has a Spanish nationality for the exercise of their legal capacity, provided that the applicant who provides said work is in charge of the person with a disability and lives with her.
Also, it can be requested in the case of the spouse or accredited common-law partner of a citizen of Spanish nationality. Also, in the case of dependent ascendants over 65 or under 65, dependent descendants under 21 or over 21 years of age, of a citizen of Spanish nationality, or their spouse or common-law partner. An authorization will be granted for five years that enable you to work for others and yourself.
Likewise, it is delivered in the case of children of a father or mother who were originally Spanish.
Labor Arraigo
In this case, labor Arraigois a temporary residence authorization for exceptional circumstances that may be granted to foreign citizens who are in Spain (continuous stay for a minimum period of three years) and have had labor relations for a minimum of six months.
In addition, the applicant must prove that they have no criminal record both in their country of origin or in the country where they have resided for the last five years, as well as in Spain.
The fundamental thing to be able to process and obtain this labor Arraigo is to have had labor relations with a duration of at least 6 months. To prove the employment relationship and its duration, the interested party must present any means of proof that proves the existence of a prior employment relationship carried out in a legal situation of stay or residence.
For these purposes, the performance, in the last 2 years, of a work activity that supposes, in the case of activity as an employee, at least a 20-hour work week in a period of 6 months or 15 weekly hours in a period of 12 months, and in the case of self-employment, continuous activity of at least six months.
It is very important that in order to process and obtain this permit, it is necessary and mandatory for the person to be in Spain irregularly. Therefore, those people who today have, for example, the Application for International Protection in process, will not be able to access this authorization.
One of the most important changes that have been introduced with the reform of the Immigration Regulations about Labor Arraigo is that all self-employed people have been incorporated, something that in previous Arraigo was left out of said permit.
Social Arraigo
This is a permit that is granted to those who are in Spain (for a minimum of three years continuously) and have a job offer, have their own financial means or those of a family member, or are going to carry out an activity on their own.
As we can see we have several options:
- You have your own financial means or those of a family member.
- You will set up your own company.
- If at the time of the application, you have a job offer that guarantees at least the minimum interprofessional salary or the salary established, where appropriate, in the applicable collective agreement; and whose sum must represent a weekly workday of not less than 30 hours in the overall calculation. The contract may have a minimum duration of 20 hours in cases where it is proven that they are in charge of minors or people who require support measures to exercise their legal capacity. More than one employment contract may be submitted in the following cases:
- In the case of the agricultural sector, it will fit the presentation of two or more contracts, with different employers and concatenated, each one of them.
- In the case of carrying out activities in the same or different occupation, working partially and simultaneously for more than one employer, the presentation of several contracts will be accepted.
Arraigo for Training
The last Arraigo that was recently published in the Immigration Regulations is the Arraigo for Training (or “Arraigo para la Formación”). This entered into force on August 16, 2022.
With this, foreigners who prove their continuous stay in Spain for a minimum period of two years may obtain a residence permit for a period of twelve months. In addition, they must cumulatively meet the following requirements:
- Lack of criminal records in Spain and their country of origin, or in the country or countries in which they have resided during the last five years.
- Commit to carrying out regulated training for employment, to obtain a professional certificate or training leading to obtaining the technical aptitude certification or professional qualification necessary for the exercise of a specific occupation or one promoted by the Public Employment Services and oriented to the performance of occupations included in the Employment Catalog referred to in article 65.1. Or, in the field of permanent training at universities, commit to taking courses to broaden or update training or professional skills and abilities, as well as other ongoing training courses. For these purposes, the registration must have been carried out within a period of three months from the notification of the resolution granting the residence permit.
The applicant must provide proof of said registration within a period of three months from the notification of the resolution granting the authorization; otherwise, the Immigration Office may terminate the said authorization. In cases where registration is subject to specific registration periods, proof of registration must be sent to the Immigration Office within a maximum period of three months from the end of said period.
This residence authorization may be extended only once for another period of twelve months in cases where the training lasts more than twelve months or its duration exceeds the validity of the first authorization granted.
Once the professional training has been completed, and during the validity of the residence permit, the interested party will submit the application for residence and work authorization to the Immigration Office together with an employment contract signed by the worker and the employer that guarantees at least the minimum interprofessional salary; or the one established by the applicable collective agreement, at the time of the application, and proof of having passed the training provided for in the residence application. In these cases, the Immigration Office will grant a two-year authorization that will enable them to work.
We hope this info has been very useful to you! At Entre Trámites we offer various agency, advisory, and support services in bureaucratic processes for foreigners, the self-employed, SMEs, and companies; including the processing of Spanish nationality, the NIE, TIE, Green NIE, or Arraigo.
Do you need more information about the types of Arraigo in Spain?
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