At Lexmovea, we specialize in managing temporary residence permits under exceptional circumstances, known as “arraigo,” for foreigners in irregular situations in Spain. Our team of expert lawyers will guide you through every step of the process to ensure the success of your application and identify the type of arraigo you should apply for by thoroughly analyzing your specific case.
What is Arraigo?
Arraigo, an exceptional legal provision in Spanish immigration law, is a temporary residence authorization that allows foreigners in irregular situations to regularize their legal status in Spain. This provision, established in Organic Law 4/2000 of January 11 on the rights and freedoms of foreigners in Spain and their social integration (LOEX) and developed in Royal Decree 557/2011 of April 20, approving the LOEX Regulations, offers various modalities tailored to the particular circumstances of each applicant. The most recently implemented form is arraigo for training.
Types of Arraigo in Spain
- Social Arraigo: For foreigners who have continuously resided in Spain for at least three years and can demonstrate social integration through family ties or community connections.
- Labor Arraigo: For foreigners who have lived in Spain for at least two years and can prove a work relationship of at least six months, either through an employment contract or self-employment.
- Family Arraigo: Designed for foreigners with direct family ties to Spanish citizens or legal residents in Spain, such as parents of a Spanish minor or children of Spanish nationals by origin.
- Arraigo for Training: A less common modality for foreigners who have resided in Spain for at least two years and commit to pursuing formal training for employment or obtaining a professional certificate to access the Spanish labor market. Unlike labor arraigo, this does not allow you to work.
Each type of arraigo has specific requirements, including proof of sufficient financial resources, no criminal record, and favorable social integration reports.
Legal Framework for Arraigo
The legal framework for arraigo is primarily found in:
- Organic Law 4/2000: On the Rights and Freedoms of Foreigners in Spain and their Social Integration.
- Regulations of Organic Law 4/2000: Articles 62 to 66 and 123 to 130.
- Law 39/2015: On Common Administrative Procedures for Public Administrations.
- Royal Decree Law 19/2012: On urgent measures for the liberalization of commerce and certain services.
General Requirements for Arraigo Permits
Regardless of the type of arraigo, all permits share common requirements:
- Not being a citizen of an EU, EEA, or Swiss state, nor a family member of one.
- No criminal record in Spain or in the countries of residence in the past five years.
- No prohibition on entering Spain.
- Continuous residence in Spain for the required time.
- Not being within the period of a non-return commitment to Spain.
Application Process for Arraigo
The application process includes several key steps:
- Submission of the Application: Done at the Immigration Office of the province where you reside, accompanied by the necessary documentation and payment of the fee for temporary residence due to exceptional circumstances.
- Required Documentation:
- Official application form.
- Complete copy of the passport.
- Proof of continuous residence in Spain.
- Criminal record certificate.
- Proof of sufficient financial resources.
- Documents demonstrating family ties or social integration.
- Proof of training, if applicable.
- Deadlines:
- The administration has three months to resolve the application.
- The permit is valid for one year from the date of registration with Social Security or from the notification if you have your own means of subsistence.
Obligations of the Foreigner
Once the temporary residence authorization through arraigo is obtained, it is essential to fulfill certain legal obligations to maintain the validity of your stay in Spain:
- Social Security Registration: You must register with Social Security within 30 days of being notified of the permit’s approval.
- Foreign Identity Card (TIE) Application: It is mandatory to personally apply for the TIE at the Immigration Office or Police Station corresponding to your residence. This document serves as proof of your identity and legal residence in Spain.
What Lexmovea Offers in the Arraigo Process
At Lexmovea, we understand that the arraigo process can be complex and overwhelming. That’s why we offer a comprehensive and personalized service to help you achieve your residency goals in Spain:
- Personalized Advice: We provide detailed information about your rights and obligations as a resident in Spain and guide you through every step of the arraigo process. We address all your questions and give you the peace of mind you need.
- Comprehensive Case Management: We handle the preparation and submission of all necessary documentation for your arraigo application, ensuring it meets legal requirements and maximizing your chances of success.
- Legal Representation: We represent you before administrative authorities and, if necessary, in legal proceedings, protecting your rights and advocating for your interests.
Contact Us
At Lexmovea, we are committed to your success. If you need to regularize your situation in Spain through an arraigo permit, contact us for a personalized consultation and discover how we can help you achieve your residency goals in Spain.