Social Roots Residency

Social roots residency is a legal process that allows migrants to obtain an initial residence and work permit in Spain, lasting for one year. This is the most common procedure for those seeking to settle legally in the country, as long as they can demonstrate a strong connection to the local community. The resolution obtained in this case is called Residency for Exceptional Circumstances, known as residence in Spain through social roots.

In general, you will need to demonstrate 3 years of residence in the country and prove means of livelihood.

Requirements to apply for social roots residency

To obtain a residence and/or work permit through social roots residency, the following requirements are essential:

• Not being a citizen of the European Union, European Economic Area, or Switzerland: You also cannot be a relative of citizens from these countries with the right to community residence.
• No criminal record: You must not have any criminal records in Spain or other countries for crimes covered by Spanish legislation.
• No entry ban to Spain: You must not be listed as a person prohibited from entering Spain under agreements with certain countries.
• Not subject to a non-return commitment: If you have voluntarily returned to your country of origin, you should not be within the non-return commitment period to Spain.
• Continuous residence in Spain: You must have lived in Spain continuously for at least three years, with a maximum of 120 days of total absence.
• Family ties or social integration report: You must have family ties with residents or Spanish nationals (spouse, partner, direct ascendants or descendants) or provide a report that proves your social integration, issued by the corresponding Autonomous Community or Town Hall.
• Valid employment contract: You must have a signed work contract from both parties, guaranteeing at least the minimum interprofessional salary or the salary set in the applicable collective agreement, with a minimum weekly work schedule of 30 hours.

Documentation required to apply for social roots residency

Documentation for initial social roots residency:

• Signed and completed EX10 application form.
• Full copy of a valid passport.
• Social roots report or proof of ties with Spain.
• Criminal record certificate from the country of origin, original, apostilled/legalized, and translated by a sworn translator in Spain.
• Documents proving residence in Spain for at least 3 years immediately prior to the application.
• Documents demonstrating financial means to live in Spain (this could be a pre-employment contract, which is the most common option, although an entrepreneurial project or personal financial resources can also be presented. More details on the pre-employment contract for social roots residency will follow).
• Temporary residence fee: Once the application is accepted, the corresponding fee for social roots residency must be paid using model 790-052.

Demonstrating financial means for social roots residency in Spain:

Requirements for social roots residency work contract:

The work contract for social roots residency in Spain must be at least one year long. However, according to the latest labor reform, in most cases, temporary contracts exceeding 6 months are not allowed (with some exceptions), so the contract must be indefinite and offer at least the minimum interprofessional salary (SMI), and the work schedule must be at least 30 hours. One or multiple contracts can be presented, as long as they meet the SMI requirement and ensure the favorable approval of the social roots residency.

Additional requirements for the work contract:

• The company or employer must be registered with Social Security and up to date with their tax and Social Security obligations.
• The company must ensure continuity of activity and have the economic, material, or personal resources to meet the business project and contract obligations.
• If the employer is an individual, they must prove, after paying the salary, the 100% of the IPREM if they do not have dependents.

Exceptions for the working hours to apply for social roots residency with a work contract:

• A 20-hour weekly contract is allowed if the applicant has minors or individuals who need support.
• In the agricultural sector, two or more consecutive contracts with different employers can be submitted.
• If activities are performed in the same or different occupations for multiple employers simultaneously, multiple contracts can be submitted.

Social Roots without a Work Contract

While social roots residency in Spain traditionally requires a work contract, this is known as social roots through economic means. There are alternatives for those who do not have a job offer. Additionally, for both self-employed social roots and those with personal resources, it is mandatory to present a favorable Social Integration Report recommending the granting of social roots residency.

Social Roots through Self-Employment

This option allows you to apply for social roots residency by creating your own business and working as a self-employed individual in Spain. To do so, you must meet the following requirements for social roots:

• Business Plan: Detail your business model, potential clients, activities to develop, estimated income, expenses, etc.
• Economic Means: Demonstrate that you have the necessary resources to invest in your business and start it up. The required amount will depend on the type of business.
• Resources to Live in Spain: Prove that you have sufficient funds to support yourself in Spain, equivalent to 100% of the monthly IPREM (600 euros per month in 2024).
• Legal Requirements: Comply with the legal requirements for the opening and operation of the planned activity.
• Professional Qualifications: Show the necessary professional qualifications or experience to carry out the activity, including licensing if required.

Specific Documentation for Social Roots through Self-Employment

If you wish to apply for social roots by creating your own business, in addition to the general requirements, you must present the following specific documentation:

• Retail Commercial Activities and Services in Permanent Establishments:
  • Responsible declaration or prior communication: As established in Article 71.bis of Law 30/1992, for retail commercial activities and services in permanent establishments with a useful area of 300 square meters or less.
  • Proof of payment of the corresponding tax: If necessary.
• Other Activities and Professional Services:
  • List of required authorizations or licenses: Indicate the required permits for the installation, opening, or operation of the planned activity, along with the status of the process for obtaining them.
  • Documentation of training and qualifications: Copy of documents that prove your training and professional qualifications to carry out the activity.
  • Proof of economic investment: Prove that you have sufficient financial investment or a commitment of support from financial institutions.
  • Business or activity project: Detail the project, including the planned investment, expected profitability, and potential jobs to be created.
• Valuation Reports:
  • Sections b), c), and d) can be accredited with a valuation report issued by one of the following organizations:
    • National Federation of Associations of Entrepreneurs and Self-Employed Workers (ATA)
    • Union of Professionals and Self-Employed Workers (UPTA)
    • Intersectoral Confederation of Self-Employed Workers of the Spanish State (CIAE)
    • Organization of Self-Employed Professionals (OPA)
    • Union of Associations of Self-Employed Workers and Entrepreneurs (UATAE)

Requesting Social Roots through Personal Resources

This option allows you to apply for social roots by demonstrating that you or a family member have sufficient financial resources to support yourself in Spain. In this case, the authorization granted will only be for residence by social roots, without a work permit.

Specific Documentation for Social Roots through Personal Resources

If you do not have a job offer, you can apply for social roots by demonstrating that you have sufficient financial means for your maintenance in Spain. This option is feasible if the municipal report on your social integration so indicates and recommends exempting you from the work contract requirement. In this case, you must provide the following documentation:

• Option 1: Personal Financial Means:
  • Documentation proving that you have sufficient financial means: This could include bank statements, investment certificates, rental income, or other sources of income demonstrating your ability to support yourself financially in Spain.
• Option 2: Maintenance by a Family Member:
  • Documentation proving the family relationship: Marriage certificate, birth certificate, or other documents showing the family relationship with the person supporting you.
  • Documentation proving the family member’s financial means: Bank statements, pay slips, or other documents showing that your family member has enough income to support the entire family, including you.

Documents to Prove Three Years of Residence in Spain

One of the essential requirements for social roots in Spain is to demonstrate continuous residence for three years in Spain. Inability to justify this period is one of the main reasons for denial of this residence permit by social roots.

When Does the Three-Year Period Start?

The three-year period begins from the moment you arrive in Spain. It is not limited only to registration, although this is a significant proof. You can use any document that includes the date and your name to prove your stay in the country from a specific moment.

Documentation to Prove Residence

• Empadronamiento (Registration): This is crucial and a very solid proof, but it is not the only one.
• Invoices: From purchases, services, etc.
• Medical Appointments: Records of consultations and treatments.
• Money Transfers: Proof of transfers and remittances.
• Other Documents: Any other official or private document that contains your name and date, such as rental contracts, transport passes, certificates of participation in NGO programs, etc. Essentially, any documentation that proves continuous stay, like medical reports, invoices, proof of money transfers, rental contracts, transport passes, and certificates of participation in NGO programs or associations.

Recommendations for Obtaining Residency by Social Roots

To avoid issues when applying for social roots in Spain, it is recommended to:

• Register as soon as you arrive in Spain: Although it is not the only proof, registration (empadronamiento) carries significant weight.
• Keep all possible documentation: Invoices, medical appointments, money transfer receipts, and any other documents that could help justify your continuous stay in the country.

Procedure for Applying for Social Roots Residency in Spain

We outline all the steps you need to take in the process of applying for social roots residency in Spain.

Step 1: Requesting a Favorable Social Roots Report

Family Ties: If you have direct relatives in Spain, such as parents, children, spouse, or grandparents, this can serve as sufficient proof of your integration into the country.

Social Integration Report: In the absence of close family members, you must request a social integration report. This document certifies that you meet the integration criteria established by the Autonomous Community where you reside. Depending on the autonomous community, you may need to pay a fee for the social roots report, as is the case in Madrid, where you will need to pay a fee to obtain a sample social roots report in Spain.

How to Obtain the Social Integration Report

The process for obtaining this report varies depending on the Autonomous Community you are in. Generally, the procedure includes the following steps:

1. Request at the Town Hall: Start the procedure at the town hall of your place of residence. In most cases, this will involve an interview with a local official. The social roots report form will be provided by the town hall or the relevant autonomous community, depending on whether they have delegated authority for issuing the report.
2. Interview: During the interview, your level of Spanish or regional language (e.g., Catalan in Catalonia) will be evaluated. The official will also review your situation in Spain and your future plans in the country.
3. Required Documents: Bring all the required documentation for social roots, including your work contract, proof of registration, and evidence of continuous residence in Spain.
   • Telephone Interview: If Spanish is your native language, the interview may be conducted over the phone without requiring your physical presence, as is often the case in Madrid.
   • In-person Interview: If you are not a native Spanish speaker, you will likely be required to attend the interview in person.

Who Issues the Required Social Integration Report for Foreign Affairs?

The social integration report is issued by the relevant Autonomous Community or the local town hall, according to regional regulations.

Costs of the Social Roots Report: Costs may vary by region. For example, in Madrid, the fee is €30.30, while in Barcelona, the report is free of charge.

Issuance Time: Although the official time for issuing the report is about 30 days, it usually arrives within about 2 weeks. In provinces like Barcelona or Seville, it may take several months. Speed may vary, so it’s important not to request additional documents, such as criminal records, before receiving the report to avoid its expiration.

Step 2: Submitting the Social Roots Application

Place of Submission

• In-person: At the relevant Foreigners Office, by appointment.
• Online: Through the Mercurio Platform, with a digital certificate or via an authorized representative.

Once the application is accepted, the fee for temporary residence due to social roots must be paid. The usual resolution time is three months, and you can check the status of the application online. If the resolution is favorable, you will need to register with Social Security and schedule an appointment at the police station to obtain your Foreigners Identity Card (TIE). If the resolution is unfavorable, you have options for appeal.

Step 3: Resolution of the Social Roots Application

If the resolution is favorable:

• Register with Social Security within one month of the resolution.
• Schedule an appointment at the police station for fingerprinting and the issuance of your Foreigners Identity Card (TIE).

If the resolution is unfavorable:

• Administrative Appeal: You can file an appeal with the Foreigners Office within one month from the notification.
• Judicial Appeal: You can file a judicial appeal in the courts within two months from the notification.

Step 4: Requesting the Physical TIE Card

When you obtain any residency or work permit in Spain, it is necessary to request the issuance of the physical card. To do so, you will need:

• Application for Foreigners Identity Card (TIE):
  • Official form EX-17, duly completed.
• Proof of Fee Payment:
  • Fee 790, code 012.
• Proof of Social Security Registration:
  • This document is necessary only if you will be working as an employee or self-employed.
• Photographs:
  • Three recent color photographs with a white background and passport size.

To process this, you must schedule an appointment and go to the relevant police station. There, you will submit the required documentation, undergo fingerprinting, and receive a receipt, allowing you to pick up your physical card in approximately one month.

Renewing Social Roots Residency

The social roots residence permit in Spain is valid for one year and is not renewable but can be modified to obtain a residence and work authorization with a two-year duration.

As the expiration of your social roots card approaches, it is essential to meet certain requirements to renew or modify your residency and/or work permit in Spain. Both the law and the foreigner regulations establish specific labor requirements for renewing the social roots permit. These vary depending on whether the social roots were obtained through a job offer or by starting a business.

Renewal Deadlines:

• Within 60 Days Prior to the Expiration of Your Card:
  • This is the recommended period to start the process.
• Within 90 Days After Your Card Has Expired:
  • If you apply late, you may face a fine.

Recognized Rights and Social Roots Legislation

According to the Organic Law 4/2000 on the rights and freedoms of foreigners in Spain and their social integration, there is progressive access to certain rights. These include, but are not limited to, the following rights under the new social roots law:

• Right to preserve personal documentation.
• Freedom of assembly, demonstration, association, and unionization.
• Right to strike.
• Right to education.
• Right to healthcare (after three months of registration).
• Rights in housing and legal assistance.

However, individuals without a residence permit do not have the right to free movement, public participation, work, social security, social benefits, housing aid, or family privacy.

Frequently Asked Questions about Social Roots

1. What is social roots immigration? The social roots application is a legal process that allows foreigners to obtain a temporary residence and work permit in Spain, provided they demonstrate a strong connection with Spanish society.
2. What are the requirements to apply for it? The requirements for social roots are as follows: you must be a non-EU migrant, prove continuous residence in Spain for at least three years, have no criminal record, and present a favorable social integration report. Additionally, you must submit a valid work contract or prove that you have sufficient financial means to live in Spain.
3. What documents are needed? The required documents include the application form EX-10, a valid passport, a social roots report, a criminal record certificate, and evidence of continuous residence in Spain for three years.
4. How do you prove continuous residence? You can prove your continuous residence with documents such as certificates of registration, bills, medical appointments, money transfers, rental contracts, transportation passes, and records of participation in social or community activities.
5. What is the social roots report? The social roots report is a document issued by social services that assesses your integration into the community, considering aspects such as your participation in social, educational, and labor activities.
6. Can I apply for social roots without work? Yes, it is possible if you demonstrate that you have sufficient financial resources to support yourself in Spain. This must be reflected in the social integration report.
7. When can I renew the permit? The social roots permit can be renewed within 60 days before its expiration or up to 90 days afterward. However, if you apply after the expiration date, you may face a fine.
8. What happens if I don’t renew on time? If you do not renew or modify the permit on time, you will be in an irregular situation and lose your right to reside and work in Spain.
9. How do I get the physical card? To obtain the physical card, you must submit the EX-17 form, proof of payment for the corresponding fee, proof of registration with Social Security (if applicable), and three recent photos. Then, you must schedule an appointment at the police station to submit the documents, have your fingerprints taken, and receive a receipt to collect your physical card later.
10. Can I lose my social roots status? Yes, you can lose your social roots status if you do not meet renewal requirements, have a criminal record, or spend long periods outside of Spain without justification.
11. Is there a pre-contract model for social roots? Regarding the pre-employment contract for social roots, it is a document that formalizes the employer’s commitment to hire the applicant once they obtain the residence permit. This pre-contract must include details such as the job position, contract duration, salary, and working conditions. It is essential that the pre-contract is real and reflects a genuine job offer, as immigration authorities will evaluate its authenticity when considering the social roots application.