The residence permit for exceptional circumstances through arraigo (residence by social/family/employment ties) for foreign nationals in Spain.
arraigo (residence by social/family/employment ties) is an option chosen by many foreign nationals who are living in Spain without legal status. It is therefore, at present, very likely the most commonly used route for those wishing to regularise their situation in Spain, when they hold neither a residence permit nor any other authorisation to remain in the country.
What requirements must be met to apply for this type of residence permit through arraigo (residence by social/family/employment ties)?
In order to submit a residence authorisation application to the Immigration Office, it is essential to meet the requirements set out below. Failure to do so may result in the application being rejected at the outset or refused outright by the relevant authority.
The conditions are as follows:
1. The foreign national must demonstrate that they have been living in Spain on a continuous basis for at least three years. This means they must not have left Spanish territory for a cumulative period exceeding 120 days.
This requirement is evidenced by submitting the relevant certificate of municipal registration and a valid passport. Other forms of evidence may also be accepted; however, these two documents are considered particularly important in establishing continuous residence.
2.- No criminal record in Spain or in any country in which the applicant has resided during the five years prior to entering Spanish territory.
It is important to note that criminal record certificates must be current, legalised, apostilled, and translated into Spanish.
In this regard, it should be noted that Spanish criminal records will be checked automatically by the Immigration Office itself, which is responsible for verifying them directly with the Ministry of Justice.
3.- The applicant must have an employment contract of at least one year's duration, on a full-time basis and guaranteeing at least the minimum statutory salary. This minimum remuneration threshold is typically updated each year through the General State Budget Act.
It should also be noted that there are exceptions in which it is possible to apply for a arraigo (residence by social/family/employment ties) residence permit without the need to provide an employment contract. This would apply in cases where the foreign national can demonstrate that they have sufficient financial means of their own, or through a family member with whom they live, or can otherwise show that they intend to carry out an independent economic activity — that is, to set up a business as a self-employed or freelance worker — and that they have the financial capacity to do so.
4.- The applicant must provide a social integration report issued by the local council of the municipality where the foreign national is registered as resident. This is required to demonstrate that the applicant is genuinely integrated into Spanish society. However, this report will not be necessary if the applicant can show that they have family ties with other resident foreign nationals or Spanish nationals (i.e. a spouse, domestic partner, parents, children, etc.).
5.- The company making the job offer to the foreign national must not have any outstanding debts with Social Security or the Spanish Tax Authority. The company must also demonstrate that it has sufficient financial capacity to enter into and sustain an employment relationship with the foreign national it is seeking to regularise. To this end, the lawyers who handle these procedures — and specifically our team at Conesa Legal — carry out a thorough review of the relevant tax and accounting documentation, in order to avoid any risk of failing to meet this legal requirement due to insufficient proof of financial solvency on the part of the hiring party. This applies regardless of whether the hiring party is an individual or a legal entity.
What does our Immigration department offer?
At Conesa Legal, we guide you through the process of obtaining Residence on Exceptional Grounds in Spain, starting with providing legal advice to our clients. We assess the validity of the documents required to accompany your application, evaluate the feasibility of the procedure to be followed, and determine whether all legal requirements are met — all with the aim of maximising your chances of a successful outcome.
Throughout the entire process, we keep you informed at every stage, right through to the final decision issued by the relevant Spanish authority.
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