Arraigo:
the five routes
to regularisation
Arraigo — residence granted on the basis of ties established in Spain — is the main route to regularisation for people already living here without regular immig…
Arraigo — residence granted on the basis of ties established in Spain — is the main route to regularisation for people already living here without regular immigration status who have built economic, social, family, employment or educational ties. The Immigration Regulation in force recognises five distinct categories, each designed for a different personal situation. Choosing the right category is the single decision that most affects the outcome of the application.
Requirements common to all categories
As a general rule you must show continuous presence in Spain for at least the two years before the application, be in Spain when you file it, and not be an applicant for international protection. You must also have no criminal record in Spain or in the countries where you lived during the five years before entering Spain, pose no threat to public order, security or public health, and not already hold a stay or residence permit. Family arraigo is the exception: it requires no minimum period of presence.
Social arraigo
This is designed for people with family ties in Spain to foreign nationals who already hold a residence permit. Those ties cover a spouse or registered partner and first-degree relatives in the direct line, and you must show sufficient financial means of at least 100% of the IPREM (the Spanish public income index used as a benchmark), available in Spain, which may come from those same relatives. Where no such ties exist, the alternative is to evidence efforts towards integration through a favourable social integration report issued by the autonomous region — or by the town council, where the region has so provided — which must be issued within one month of being requested.
Socio-labour arraigo
This is evidenced by one or more employment contracts guaranteeing at least the national minimum wage, or the wage set by the applicable collective agreement, in proportion to the hours worked, and together amounting to a working week of no fewer than twenty hours overall. More than one contract may be submitted in two situations: seasonal work, with consecutive contracts and different employers; and carrying out work for more than one employer simultaneously on a part-time basis.
Socio-educational arraigo
This is the route for those regularising their situation through education. It requires being enrolled in, or taking, one of the courses set out in the Regulation, together with the social integration report. Where enrolment has an official window, the application must be filed in the two months before that window opens, and enrolment must be evidenced to the Immigration Office (Oficina de Extranjería) within three months of being notified that the permit has been granted: failing to do so extinguishes the permit. It is also open to those who undertake to complete training promoted by the Public Employment Services aimed at occupations on the relevant list.
Second-chance arraigo
This is the category for people who once held papers and lost them. It requires having held a residence permit — one not granted on exceptional grounds — during the two years immediately before the application, and that it was not renewed for reasons other than public order, security or public health. Even where there is a criminal record, an application is possible if there has been a judgment refusing it (sentencia denegatoria), a discontinuance or an acquittal.
Family arraigo
This is reserved for two very specific situations. The first is being the father, mother or guardian of a minor who is a national of another European Union or European Economic Area Member State, or of Switzerland, showing that you reside in Spain, that the minor is dependent on you and that you live with them or are up to date with your parental obligations. The second is providing support to a person with a disability who is a national of those same States in the exercise of their legal capacity, where you are a relative, they are dependent on you and you live with them. Unlike the others, this permit is granted for five years.
Duration, right to work and extension
The permit lasts one year, except for family arraigo, which lasts five. It carries with it a permit to work as an employee or on a self-employed basis, with no geographical or occupational restriction, subject to two exceptions: those below the minimum working age, and socio-educational arraigo, which allows employed work for a maximum of thirty hours a week. Extending social, socio-labour and second-chance arraigo requires evidence of actively seeking work and registration with the public employment service, unless there are justified circumstances preventing access to employment, such as illness, disability or having reached statutory retirement age.
Our advice
At AbogadosDVA we have been handling arraigo applications for more than 20 years. We assess your situation, determine which of the five categories best fits your case, prepare the documents and support you throughout the procedure, including attendance at the Immigration Office (Oficina de Extranjería) if required. To find out the requirements and the documents you need in your particular case, get in touch with the firm.
Requirements and documents
The requirements and the documents you will need vary with the circumstances of each case. To find out what applies to yours, get in touch with the firm and we will advise you personally.
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