Arraigo (integration)

Social Integration

Renewal of residence authorization: The residence authorization is valid for one year and can be renewed for periods of two years, as long as the requirements continue to be met, such as maintaining the employment relationship.

Where to process Social Integration:

The application for residence authorization must be submitted at the Immigration Office of the province where the interested party resides. It is also possible to submit the application electronically through the Electronic Headquarters of the Ministry of Inclusion, Social Security, and Migration.

What is Social Integration?

Social Roots is a type of temporary residence authorization in Spain for foreigners who are in an irregular situation, but who have established social, cultural, or economic ties in the country. This procedure allows these people to a residence and work permit in Spain.

Requirements to access Social Integration:

To apply for residence authorization through Social Integration, it is necessary to meet the following requirements:

  1. a) Continuous stay in Spain for at least three years.
  2. b) No criminal record in Spain and previous countries of residence.
  3. c) Have a work contract signed by an employer for a period of no less than one year.
  4. d) Have a favorable social integration report issued by the competent body of the Autonomous Community where the applicant resides.
  5. e) Not have prohibited entry into Spain and not be within the commitment period of non-return for those foreigners who have been beneficiaries of a voluntary return program.

Required documentation:

To apply for social integration, it is necessary to submit a series of documents, such as a passport, criminal record certificate, registration certificate, work contract, among others. It is important to ensure that all documents are in order and up to date.

Labour Integration

What is Labour Integration?

Labour Integration is a type of temporary residence authorization in Spain granted to foreigners in an irregular situation who have maintained a work relationship in the country for a specific period. This process facilitates the regularization of their situation and apply for a residence and work permit in Spain.

Requirements to access Labour Integration:

To apply for residence authorization through Labour Integration, the following requirements must be met:

  1.  Having worked in Spain for a minimum period of six months with the same employer, or a total of twelve months with different employers in the last two years.
  2.  No criminal record in Spain and previous countries of residence.
  3.  Not have prohibited entry into Spain and not be within the commitment period of non-return for those foreigners who have been beneficiaries of a voluntary return program.

Traditionally, this type of permit, to prove periods of work, forced the reporting of the company that hired the applicant, as it required a final judgment or minutes from the Labor Inspection proving the periods worked.

This situation changed 180º with the recent Supreme Court Judgment of 25/03/2021, adopted by the Administration through Instruction SEM 1/2021, which recognizes that thousands of people who have had a residence permit in the last 2 years but for whatever reason no longer have it, and who can prove a full-time work relationship of no less than 6 months through work history, payrolls and/or work contracts, as well as the 2 years of registration, will benefit from labor roots. That is, those who had a work permit at some point within the last 2 years DO NOT HAVE TO REPORT THE COMPANY, with other means of proof such as the work history report being sufficient.

Where to process Labour Integration:

The application for residence authorization through Labour Integration must be submitted at the Immigration Office of the province where the interested party resides. It is also possible to submit the application electronically through the Electronic Headquarters of the Ministry of Inclusion, Social Security, and Migration.

Family Integration

What are Family Integration?

Family Integration is a legal process that allows foreign citizens in an irregular situation in Spain to regularize their situation and apply for a residence and work authorization if they have direct relatives of Spanish nationality or legal residents in Spain.

Requirements to apply for Family Integration:

  1. Be the father, mother, or child of a Spanish citizen or a foreigner with legal residence in Spain.
  2. Have no criminal record in Spain or in their country of origin for the past five years.
  3. Demonstrate the family relationship through official documents, such as birth certificates, family books, or marriage certificates.
  4. Prove cohabitation with the family member residing in Spain or, alternatively, that the applicant is financially dependent on them.

Some additional aspects of Family Integration include:

Renewal of residence authorization: Once residence authorization has been authorized through this permit, it can be renewed every two years, as long as the requirements continue to be met. In some cases, long-term residence authorization can be requested after five years of legal and continuous residence in Spain.

Family reunification: Foreigners with legal residence in Spain can also apply for family reunification so that their spouses, children under 18 or over 18 with disabilities, and ascendants under their care can legally reside in Spain.

Work authorization: Although residence authorization through family integration does not automatically include work authorization, in some cases it is possible to apply for it. For example, if you are a child over 18 years old of a Spanish citizen or a foreigner with legal residence in Spain and meet the requirements, you could ask for a work authorization.

Spanish nationality: After you reside in Spain through this permit and fulfilling a period of legal and continuous residence in the country (generally 10 years, although there are exceptions), it is possible to apply for Spanish nationality by residence.

Legal advice: Given the complexity of immigration processes and the importance of meeting all requirements and deadlines, it is advisable to have the support of a lawyer specialized in immigration law to ensure success in the family integration application.

 

Remember that each case is unique and may be subject to variations depending on your personal and family situation. Do not hesitate to contact our team of lawyers specialized in immigration law for personalized advice and guidance in your Family Integration process.

Residence authorisation for exceptional circumstances

Arraigo Laboral o Social

The authorizations for “Roots” are frequently utilized to regularize the status of foreigners who are present irregularly in Spanish territory. It requires the applicant to demonstrate that they are firmly established in society, in other words, that they have established roots in it.

 

As you may already be aware, upon entry into Spain, an automatic residence permit is not granted in most cases. Consequently, once the period of stay as a tourist has lapsed, an irregular situation arises. 

Roots represents a means of obtaining a Temporary Residence Permit for Exceptional Circumstances. This permit is granted to foreigners who are in an irregular situation and is one of the cases that the Spanish Government considers for the award of such a permit. It is accompanied by a work permit that allows the permit holder to work as either self-employed or employed.

Varieties of Arraigo Available for Application

To apply for a Root permit, it is mandatory to fulfill certain requirements that may vary depending on the specific type of Arraigo being applied for. These requirements are as follows:

Social roots

Employment roots

Family roots

In addition to the aforementioned requirements, there are general prerequisites that must be considered before applying for a residence permit:

  1. Non-Prohibition: The applicant must not be prohibited from entering Spanish territory or the Schengen area.
  2. Criminal Record: The applicant must not have a criminal record in their country of origin, or certain cases, in countries where they have resided for the previous five years, including Spanish territory.
  3. EU Membership: The applicant must not be a citizen of any of the countries that are part of the European Union.

It is recommended to seek assistance from legal professionals who can guide the specific requirements and application process for each type of Arraigo before applying.

Specific Requirements to Attain Root Status

- Social root

This particular permit is granted to foreigners who can demonstrate, through their census registration, a minimum stay of three years of uninterrupted residency in Spain. In addition, the applicant must show their integration into Spanish society by providing a report issued by the autonomous community where they are registered. The report must provide evidence of the applicant’s integration into society, their participation in community activities, and their overall contribution to society. Furthermore, the applicant must demonstrate their means of livelihood by presenting a job offer from a company or individual who is interested in hiring them, or a comprehensive business plan if they wish to process the permit as a self-employed worker.

- Employment roots

The Employment Root, is intended for foreigners who can prove a minimum of two years of continuous residence in Spain and a minimum of six months of employment through work history, pay slips, or contracts, whether clandestinely or legally. In the past, proving periods of employment necessitated denouncing the company that hired them, as a final judgment or a Labor Inspection report was required to verify the employment periods.

However, a recent Supreme Court ruling of 25/03/2021, adopted by the Administration through Instruction SEM 1/2021, recognizes that thousands of people who have held a residence permit in the last two years and can demonstrate full-time employment of no less than six months through their employment history, pay slips, and/or work contracts, in addition to two years of census registration, will benefit from “Arraigo Laboral.” Therefore, those who have held a work permit within the last two years do not have to denounce their employers to obtain this permit; other proofs, such as the employment history report, are sufficient.

Who is eligible for this new Employment Root?

Primarily, it is intended for international protection applicants (those who have had the red card) who have lost it, as well as those who have been unable to renew their permit and meet the aforementioned requirements.

Lastly, the Arraigo Familiar is for the parents of a minor of Spanish or European nationality. Since October 2020, it has undergone modification, and a five-year permit is granted without a job offer, requiring only proof of the relationship and the child’s dependence on the parent, either because they live together or because the parent pays child support.

Where to apply for these types of Roots?

The application for these types of Arraigo is primarily online at the Oficina de Extranjería (Immigration Office) in the province where the applicant is registered. However, social roots also require a social insertion report that must be processed at the Town Hall.

At Extranjeristas, we accompany all our clients in completing these procedures, both at the Town Hall and at the Immigration Office, and we will be pleased to handle your procedure if you place your trust in our team.