The new Immigration Regulation introduces important updates, one of which is the Sociolaboral Residency Permit. This residency permit can be applied for if you have been in Spain for two years and have a formal job offer. Below, we explain all the details about this new type of residency permit.
One of the main innovations in the draft of the new Immigration Regulation is the introduction of a new type of exceptional residency: the sociolaboral residency.
What Exactly Is Sociolaboral Residency?
Sociolaboral residency is a new exceptional residency authorization that could be granted to foreigners who have stayed in Spain for two years without legal status and have a job offer.
Previously, to regularize your status with a work contract, the most well-known option was the social residency permit. This option required not only a job offer with certain conditions but also that you had stayed in Spain illegally for at least 3 years.
With the new sociolaboral residency figure, this time requirement is reduced to 2 years, which is a significant advantage for those who find themselves in an irregular situation, as it eliminates one year of the required time.
Does Sociolaboral Residency Replace Social Residency?
The answer is no. The draft of the Immigration Regulation specifically mentions sociolaboral residency only for those who have a work contract but does not include the option of applying through self-employment.
Therefore, sociolaboral residency does not replace social residency, which will still be required for those who wish to regularize their status through self-employment activities. The traditional social residency still requires 3 years of residency in Spain.
If you don’t want to wait those 3 years and don’t have a job offer, another alternative would be socioformative residency. This option allows you to regularize your status by enrolling in a professional training course, and you will also be able to work up to 20 hours a week.
Sociolaboral Residency Requirements
A temporary residency permit for sociolaboral reasons can be granted when the foreigner meets the following general requirements cumulatively.
General Requirements for Sociolaboral Residency
- Stay in Spain: You must be in Spain and not be a pending applicant for international protection at the time of the application or during its processing. An applicant for international protection is someone who has submitted a protection request that has not yet been definitively resolved, either administratively or judicially.
- Continuous Residence: You must have lived continuously in Spain for at least two years prior to the application submission. If you were an applicant for international protection, the time spent in Spain during the application process will not be counted until a definitive resolution is made.
- No Risk to Public Order or Health: You must not represent any danger to public order, security, or health.
- No Criminal Records: You must not have any criminal convictions in Spain or in any country where you have resided in the last five years, for crimes that are punishable under Spanish law.
- No Prohibition of Entry: You should not be listed as inadmissible in any countries with which Spain has such agreements.
- No Return Commitment: You must not be within a period of commitment to not return to Spain, if applicable.
- Payment of Application Fee: You must have paid the corresponding processing fee.
Specific Requirements for Sociolaboral Residency
In addition to the general requirements, the Sociolaboral Residency requires the presentation of employment contracts that guarantee at least the minimum wage or the salary specified in the applicable collective agreement, in proportion to the hours worked. The total sum of these contracts must reflect a minimum of 20 hours of work per week.
Multiple Work Contracts
- Seasonal Work: If the work is seasonal or related to temporary productive activities, you can present multiple contracts, even with different employers, as long as they are consecutive.
- Multiple Employers: If you are doing part-time work with more than one employer, you may present several contracts as long as the total hours meet the required minimum.
Employers must meet the requirements set forth in Article 74 of the Regulation, with exceptions specified in section 1.a).
Arraigo Sociolaboral with Contract
This type of residency is exclusively intended for those who can obtain a job offer. It is important to note that this type of arraigo does not cover self-employment or the possibility of starting your own business.
If you are interested in becoming self-employed, you should wait until you have completed two years of residence in Spain and then apply for the Arraigo Social. In the new reform of the Arraigo Social, it is now possible to apply if you meet one of the following conditions:
- You have family members in Spain on whom you financially depend (you must prove that you have the equivalent of 100% of the IPREM, which in 2024 is 600 euros).
- You want to create your own business in Spain, which would allow you to apply for this permit.
The Arraigo Sociolaboral is an excellent opportunity for those who already have a job offer in Spain and meet the established requirements.
How does the new Arraigo Sociolaboral affect you?
The Arraigo Sociolaboral is regulated under the new Immigration Regulations, which modifies and complements what is set forth in Organic Law 4/2000, of January 11, regarding the rights and freedoms of foreigners in Spain and their social integration.
Applicable Laws
- Organic Law 4/2000: Establishes the general legal framework for the residence of foreigners in Spain, including conditions for staying, rights, and freedoms of immigrants, as well as procedures for obtaining residency and work permits. The law was modified by Organic Law 2/2009 and Organic Law 12/2009 to adapt to new social and labor realities.
- Royal Decree 1155/2024: This reform, introduced in November 2024, regulates residence and work permits for foreigners. One of the most significant changes is the inclusion of the Arraigo Sociolaboral, which facilitates regularization for foreigners with a job offer by reducing the required time of stay in Spain from 3 to 2 years.
- Immigration Regulation: The Royal Decree 1155/2024 develops Organic Law 4/2000, ensuring its adequacy and updating it to meet current social integration and educational needs for foreigners in Spain.
Frequently Asked Questions about Arraigo Sociolaboral
- What is the difference between Arraigo Sociolaboral and Arraigo Social? The main difference is the length of stay required. The Arraigo Sociolaboral only requires 2 years of irregular stay in Spain, while Arraigo Social requires 3 years. Additionally, Arraigo Sociolaboral is only available for those with a job contract.
- Can I apply for Arraigo Sociolaboral if I work for myself? No, Arraigo Sociolaboral is only available to those with a job contract.
- Is it possible to apply for Arraigo Sociolaboral without a job offer? No, you must have a valid job offer that meets the required conditions, such as the minimum wage and a minimum of 20 hours per week.
- Can I work while applying for Arraigo Sociolaboral? No, you must have the residence permit granted before you can work. Once you receive the residence permit, you can work under the contract presented during the application. The minimum required working hours are 20 hours per week, with either the minimum wage or the collective agreement salary.
- How does the new Arraigo Sociolaboral affect my situation? The Arraigo Sociolaboral can be a great way to regularize your situation in Spain more quickly and easily, especially if you already have a job offer. While the process has been simplified, it is important to seek specialized legal advice to ensure that you meet all the requirements and avoid any potential complications.