Spain is the only EU country with a specific legal provision, called arraigo, allowing individuals in irregular situations to transition to legal status. Recent regulations have introduced new types of arraigo and updated existing ones. Here’s an overview of the essential requirements for each type, helping individuals understand their options for obtaining legal residency in Spain:
- Second Chance Residency: For individuals with a previous residence permit (excluding certain arraigos) that lapsed due to non-renewal, provided they meet conditions like continuous two-year residence and no criminal history.
- Socio-Laboral Residency: Requires two years of continuous residence and proof of employment through contracts that meet minimum wage requirements.
- Social Residency: Based on family ties or social integration.
- Socio-Formative Residency: Linked to participation in approved educational or training programs.
- Family Residency: For parents of Spanish/EU minors or caregivers of disabled dependents.
Second Chance Residency
To apply for this type of residence permit, it is necessary to have been the holder of a residence permit that was not obtained through work, family, social or training ties, in the two years immediately prior to submitting the application. The requirements are as follows:
- The reason for non-renewal cannot have been for reasons of public order, security or public health.
- Not be an asylum seeker at the time of submitting the application or during its processing.
- Continuous stay for at least 2 years prior to the application
- The time spent in Spain during the processing of the application for international protection until its resolution does not count.
- Not present a threat to public order, security or public health
- Not having a criminal record in Spain or in the countries where you have resided in the last 5 years prior to the date of entry into Spain.
- Not be listed as objectionable in the territorial space of countries with which Spain has an agreement.
- Not being within the period of no return to Spain
- Having paid the fee for the procedure
Socio-Laboral Residency
- Not be an asylum seeker at the time of submitting the application or during its processing.
- Continuous stay for at least 2 years prior to the application
- The time spent in Spain during the processing of the application for international protection until its resolution does not count.
- Not present a threat to public order, security or public health
- Not having a criminal record in Spain or in the countries where you have resided in the last 5 years prior to the date of entry into Spain.
- Not be listed as objectionable in the territorial space of countries with which Spain has an agreement.
- Not being within the period of no return to Spain
- Having paid the fee for the procedure
One or more contracts may be submitted that together add up to at least 20 hours, and guarantee the minimum wage, in proportion to the working day, in the following cases:
ASSUMPTION A:
Seasonal jobs or jobs linked to productive activities, one or more contracts with different employers and linked together may be provided.
ASSUMPTION B:
In the case of carrying out activities in one or different occupations, working part-time and simultaneously for more than one employer.
Employers must guarantee financial solvency and not have any debts with either the Treasury or Social Security.
Social Residency
- Not be an asylum seeker at the time of submitting the application or during its processing.
- Continuous stay for at least 2 years prior to the application
- The time spent in Spain during the processing of the application for international protection until its resolution does not count.
- Not present a threat to public order, security or public health
- Not having a criminal record in Spain or in the countries where you have resided in the last 5 years prior to the date of entry into Spain.
- Not be listed as objectionable in the territorial space of countries with which Spain has an agreement.
- Not being within the period of no return to Spain
- Having paid the fee for the procedure
- Demonstrate family ties with other foreign persons holding a residence permit (Spouse, registered partner, and first-degree relatives in a direct line) or Integration Report
- Have financial means from family members that must be at least 100% of the IPREM
- Submit a social integration report or, if applicable, if you have first-degree relatives in a direct line who have sufficient financial means, which must be at least 100% of the IPREM
Socio-Formative Residency
- Not be an asylum seeker at the time of submitting the application or during its processing.
- Continuous stay for at least 2 years prior to the application
- The time spent in Spain during the processing of the application for international protection until its resolution does not count.
- Not present a threat to public order, security or public health
- Not having a criminal record in Spain or in the countries where you have resided in the last 5 years prior to the date of entry into Spain.
- Not be listed as objectionable in the territorial space of countries with which Spain has an agreement.
- Not being within the period of no return to Spain
- Having paid the fee for the procedure
- Be studying or be enrolled in an approved center
- Carry out training promoted by the SEPE and aimed at performing occupations included in the Catalog (Art.75.1)
- The application for this residence permit must be submitted 2 months before the scheduled start of the course.
- Proof of registration must be submitted to the immigration office within 3 months of the granting of the application, otherwise it will be extinguished.
- Social inclusion report
Family Residency
- Not be an asylum seeker at the time of submitting the application or during its processing.
- Continuous stay for at least 2 years prior to the application
- The time spent in Spain during the processing of the application for international protection until its resolution does not count.
- Not present a threat to public order, security or public health
- Not having a criminal record in Spain or in the countries where you have resided in the last 5 years prior to the date of entry into Spain.
- Not be listed as objectionable in the territorial space of countries with which Spain has an agreement.
- Not being within the period of no return to Spain
- Having paid the fee for the procedure
- Being the father, mother or guardian of a Spanish, EU or Swiss minor, having the minor in your care and living with him or her or being in charge of parental obligations
- Provide support to a disabled person, take care of them and live with them.