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Publicado: 22-05-2024Arraigo refers to a special kind of temporary residency permit that is granted to foreigners who at the time of application are not authorized to be in Spain and who have some kind of special circumstance. The ability to apply for arraigo is governed by Article 31.3 of the Ley Orgánica 4/2000 which grants the administration the power to give this type of temporary residence permit to applicants who meet the criteria. There are currently four types of arraigo each of which have different requirements and benefits. The four types of arraigo are social, family, labor and training. The differences between each are outlined below.
While the different forms of arraigo have different requirements, there are some requirements that are constant regardless of which arraigo you apply for. These general eligibility requirements include:
| Social | Labor | Family | Training | |
| Who is it for? | Foreigners who have strong social ties to Spain | Foreigners who have a work-related tie to Spain | Foreigners with family ties to Spain | Foreigners who are going to complete a training program in Spain |
| Is there a prior residency requirement in Spain? | 3 years | 2 year, with at least 6 months during this time spent working | No | 2 years |
| What are the requirements? | 1. Family ties to other foreigners living in Spain; or a form signed by the community or city hall stating that the applicant has integrated himself into the community 2. A work contract guaranteeing at least a minimum wage salary* *The applicant may be exempted from the work contract requirement if they can show that they have sufficient financial resources to remain in Spain without working | 1. The applicant must demonstrate that they have been living continuously in Spain for the past 2 years 2. Additionally, it must be shown that during this time the applicant worked for a period of at least 6 months |
| This permit is contingent upon enrolling in an approved training program, in addition to the applicant having lived in Spain for the past 2 years During the 2 year period before the applicatiion, the applicant must not have spent more than 90 days outside the country |
| Does the permit confer the right to work? | Yes | Yes | Yes, for the same duration as the residency authorization | No |
| How long is the residency permit valid for? | 1 year | 1 year | 1 or 5 years depending on the case. Permits granted as the result of being the child of a Spanish parent are valid for 1 year. All others are valid for 5 years. | 1 year, but if the training program is longer, the permit can be extended up to an additional 12 months |
| What happens once the permit expires? | It can`t be renewed. However, the applicant may now legally apply for a residency or work authorization | It can`t be renewed. However, the applicant may now legally apply for a residency or work authorization | It can`t be renewed. However, the applicant may now legally apply for a residency or work authorization | The permit cannot be extended more than once. However, once the applicant has finished his trianing, he will be eligible to apply for a 2 year work permit if he has a job contract |
| Required Documents | 1. Official Application Form 2. Copy of passport or other travel document with a validity of at least 4 months 3. Clean background check for all countries lived in within the past 5 years 2. Receipt of payment for the application fee *All required documentation must be translated to Spanosh if it was originally in another language. Additionally, documents provided from countries other than Spain must have the Apostille seal Documents proving social integration and residency may include:
| 1. Official Application Form 2. Copy of passport or other travle document with a validity of at least 4 months 3. Clean background check for all countries lived in within the past 5 years Receipt of payment for the application fee *All required documentation must be translated to Spanish if it was originally in another language. Additionally, documents provided from countries other tan Spain must have the Apostille seal If the work was completed legally, then proper documentation will not be an obstacle However, in cases where the employment was not official, it if more difficult to provide proof. Before applying for the arraigo, the application should amke a denuncio against the employer stating that the worked illegally. After this processm it will be easier to apply. Documents proving work may include:
| 1. Official Application Form 2. Copy of passport or other travel document with a validity of at least 4 months 3. Clean background check for all countries lived in within the past 5 years 4. Receipt of payment for the application fee *All required documentation must be translated to Spanish if it was originally in another language. Additionally, documents provided from countries other than Spain must have the Apostille seal Documents showing family ties depending on the case:
| 1. Official Application Form 2. Copy of passport or other travel document with a validity of at least 4 months 3. Clean background check for all countries lived in within the past 5 years 4. Receipt of payment for the application fee *All required documentation must be translated to Spanish if it was originally in another language. Additionally, documents provided from countries other than Spain must have the Apostille seal. Documentation demonstrating residency, which may include:
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