Family Roots

Family roots (“arraigo familiar”) is a temporary residence authorization granted to foreigners who have family ties with Spanish citizens, such as being the parent of a Spanish minor or the child of Spanish-born parents. This permit, regulated under Article 124.3 of Royal Decree 557/2011, allows the holder to reside and work in Spain for one year, either as an employee or self-employed.

What is Family Roots Residency?

The family roots residency is one of the exceptional circumstances that allow foreigners to obtain temporary residence authorization in Spain. It applies to those who are not subject to the EU citizens’ regime and can demonstrate first-degree family ties with Spanish citizens. This residence permit is valid for up to 5 years and always includes a work permit, whether for self-employment or salaried employment, for the same duration.

Who Can Apply for Family Roots Residency?

There are two main circumstances under which you can obtain a family roots residency permit. If you meet either of the following criteria, you are eligible to start the application process:

1. Parents of Spanish Minor Children:
   If you have a minor child who is a Spanish citizen, you can apply for family roots residency, whether or not you live with the child. If you are not living with the child, you must demonstrate that you fulfill your parental obligations. This permit is valid for 5 years.
2. Spouse or Domestic Partner of a Spanish Citizen:
   If you are married to or in a registered domestic partnership with a Spanish citizen, you can apply for family roots residency. The requirements for domestic partnership and marriage are similar, requiring proof of cohabitation and partnership.
3. Ascendants or Descendants of Spanish Citizens:
   This includes parents over the age of 65, parents under 65 who are financially dependent, children under 21, or children over 21 who are financially dependent on a Spanish citizen or their spouse/domestic partner. This permit is also valid for 5 years and applies to parents, regardless of whether they are over or under 65 years of age.

Why Choose Lexmovea for Your Family Roots Residency?

At Lexmovea, we provide a comprehensive and personalized service to help you obtain your family roots residency in Spain:

• Experience and Expertise:
  Our team of immigration law specialists has extensive experience with family roots applications. We have in-depth knowledge of the legislation and requirements, staying up-to-date with the latest regulatory changes.
• Personalized Case Analysis:
  We will thoroughly examine your individual circumstances and offer tailored advice, identifying the best strategy for your case and maximizing your chances of success.
• Comprehensive Process Management:
  We handle all necessary procedures, from gathering and preparing documentation to submitting the application and monitoring the progress of your case.
• Continuous Support:
  We will be available to answer your questions and provide ongoing support throughout the process.
• Legal Representation:
  If necessary, we will represent you before the relevant authorities and defend your interests.
• Peace of Mind and Confidence:
  With Lexmovea, you can rest assured that your case is in the hands of professionals dedicated to your success.

Requirements for Family Roots Residency

To apply for family roots residency, you must meet a set of general and specific requirements, depending on your particular situation:

General Requirements for Family Roots Residency

• Nationality: You must not be a citizen of the European Union, European Economic Area, or Switzerland, nor a family member of citizens of these countries with the right to community residence.
• Criminal Record: You must not have a criminal record in Spain or in your previous countries of residence for offenses covered under Spanish law.
• Legal Entry and Stay: You must not be prohibited from entering Spain or listed as inadmissible in countries with which Spain has migration agreements.
• Commitment to Non-Return: You must not be subject to any voluntary commitment to not return to Spain.

Specific Requirements for Family Roots Residency

Below are the specific requirements for family roots residency based on the applicant’s situation. You must meet at least one of the following conditions:

• Parent, Legal Guardian, or Caregiver of a Spanish Minor:
  You must have the minor under your care and live with them, or be up-to-date with your parental obligations (e.g., child support, visitation rights). In this case, a five-year residence and work authorization is granted for meeting the requirements for family roots residency through a Spanish child.
• Providing Support to a Person with Disabilities:
  If you are the caregiver for a Spanish citizen with a disability, supporting their legal capacity, and the individual is under your care and resides with you, you can also apply for family roots residency. This permit lasts five years and allows both salaried and self-employment.
• Spouse or Domestic Partner of a Spanish Citizen:
  In this case, the residence and work authorization is also granted for five years. This is commonly referred to as family roots residency through marriage or domestic partnership.
• Ascendant or Descendant of a Spanish Citizen:
  If you are an ascendant over 65 years old, an ascendant under 65 who is financially dependent, a descendant under 21, or a descendant over 21 who is financially dependent on a Spanish citizen or their spouse/domestic partner, you can apply for family roots residency. This permit lasts five years and permits both salaried and self-employment.
• Child of Parents Who Were Originally Spanish:
  Specific requirements apply in this case, which will be analyzed on an individual basis.

It is important to emphasize that each case is unique and may require specific documents for family roots residency or meeting additional requirements if requested by the Immigration Office. Therefore, it is advisable to seek the guidance of immigration experts, such as Lexmovea, to evaluate your situation and guide you through the family roots residency application process.

Types of Family Roots Residency Based on the Qualifying Family Member

Family Roots Residency for Parents of Spanish Minors

The first pathway to obtain family roots residency is through the relationship with a minor child who is a Spanish citizen or a citizen of another European Union country.

Having a Spanish Minor Child:

If you are the parent of a Spanish minor, you can apply for family roots residency regardless of whether you live with the child. Thanks to the recent reform of the Immigration Regulations, cohabitation is no longer a mandatory requirement. Additionally, you are not required to demonstrate financial means for the child’s support.

• Cohabitation: If you live with your child, the process is simpler, as the family bond is easily demonstrated through joint registration records.
• Non-cohabitation: If you do not live with your child, you must prove that you fulfill your parental obligations, such as child support payments or compliance with visitation agreements.

In both cases, a five-year residence and work authorization is granted, allowing you to live and work legally in Spain during that period.

New Development: The recent reform of the Immigration Regulations has introduced a new provision: individuals who provide support to a Spanish citizen with a disability in exercising their legal capacity, and who live with and care for that person, can also apply for family roots residency. This permit is valid for five years and allows both salaried and self-employment.

Family Roots Residency for Spouses of Spanish Citizens

With the recent regulatory update, it is now possible to obtain residence in Spain through family roots residency not only for spouses but also for registered partners. Unlike the EU family card, this new type of residence authorization is available to spouses and registered partners of Spanish citizens, offering an alternative pathway to regularize their status. It is important to note that “registered partner” refers exclusively to relationships formalized through an official registry. Unregistered but stable partnerships must still opt for the EU family card to regularize their situation.

Which is Better: Family Roots Residency or the EU Family Card?

The choice depends on the individual’s specific circumstances:

• The EU Family Card is advantageous for relatives of European Union (EU) citizens, as it provides a quick and straightforward route to residency in Spain. Applicants must prove their family relationship and cohabitation with the EU citizen in Spain.
• Family Roots Residency is a suitable option for those who are not EU citizens but have direct family members in Spain, such as children or parents with legal residence. It requires a minimum of three years of residence in Spain, proof of family ties, dependency, and supporting documentation.

Benefits of Family Roots Residency for Relatives

Spouses or domestic partners of Spanish citizens who obtain family roots residency will receive a five-year residence and work authorization, allowing them to live and work legally in Spain with the same rights and obligations as any other legal resident. They are not required to demonstrate financial means from the person reuniting them.

Family Roots Residency for Ascendants of Spanish Citizens or Their Registered Partners

Parents of Spanish citizens or their registered partners can apply for this residence authorization.

• For parents under 65 years old, they must demonstrate financial dependence on the Spanish citizen or their partner.
• For parents over 65 years old, proof of dependency is not always required but is evaluated based on the criteria of the local immigration office.

Family Roots Residency for Children of Spanish Citizens

Children under 21 of a Spanish citizen or their registered partner can also apply for this type of residency. For children over 21, proof of financial dependence on the Spanish citizen or their partner is required to meet the eligibility criteria.

Family Roots Residency for Children of Spanish-Born Parents

This pathway is available to individuals who are the children of parents who were originally Spanish citizens. It allows them to legally reside in Spain and is supported by the Spanish nationality through family roots.

Required Documentation for Family Roots Residency Application

To initiate the family roots residency application, the following documentation is needed:

1. Application Form: Official form (EX-10), duly completed and signed by the applicant in duplicate.
2. Valid Passport: A complete copy of the passport, travel document, or registration card, with a minimum validity of four months.
3. Criminal Record Certificate: Issued by the authorities of the country or countries where you resided during the five years prior to entering Spain.
4. Proof of Family Relationship and Nationality:
   • If you are the parent of a Spanish minor:
     • Birth certificate of the Spanish minor proving the family relationship and nationality.
     • Documentation showing fulfillment of parental obligations if not living with the child.
   • If you are a relative of a Spanish citizen:
     • Documentation proving the family relationship (marriage certificate, registered partnership certificate, etc.).
     • Proof that the Spanish relative resides legally in Spain.
   • If you are an ascendant or dependent descendant:
     • Documentation proving economic dependence.
   • If you are the child of Spanish-born parents:
     • Birth certificate of the applicant.
     • Birth certificate of the parent proving their original Spanish nationality.
5. Proof of Payment: Receipt of the corresponding fee (Code 052 – Section 2.5 Temporary residence authorization under exceptional circumstances).

Important: All documents issued outside Spain must be legalized or apostilled and, if necessary, translated by a sworn translator. It is essential to verify specific requirements based on your country of origin and language.a por arraigo familiar en España

Application and Resolution of Residence by Family Roots in Spain

Where to Submit the Family Roots Residency Application

Applications for family roots residency must be submitted at the Immigration Office corresponding to your residence in Spain. You can do this in person, with a prior appointment, or online through the Mercurio platform using your digital certificate.

How to Submit the Family Roots Residency Application

There are two ways to submit your application:

• In person: Schedule an appointment at the Immigration Office and attend at the designated time with all the required documentation.
• Online: Use your digital certificate to submit the application via the Mercurio platform. This option is faster and avoids the need for travel.

Tracking the Application

Once the application is submitted, you will receive a receipt that allows you to track the status of your application online.

Processing Time

The Immigration Office has a legal deadline of three months to process and respond to your application. If no response is received within this period, it will be considered denied due to administrative silence. However, some offices may experience delays, so there is no need to worry if the response takes a bit longer.

Approval of Family Roots Residency

If your application is approved, you will receive a five-year residence and work authorization, allowing you to live and work in Spain without restrictions. At this point, you can apply for your Foreigner Identity Card (TIE).

Denial of Family Roots Residency

If your application is denied, you can file an appeal within one month from the date of notification. Alternatively, you can pursue judicial recourse through a contentious-administrative appeal within two months.

Important: Having the support of immigration experts, such as Lexmovea, is essential to ensure your application meets all requirements and maximize your chances of success. Our team will guide you through the entire process, from preparing the documentation to filing appeals in case of denial.

Renewal of Family Roots Residency

Family Ties Residency Renewal: While the process for obtaining family roots residency is relatively straightforward compared to other immigration procedures, it is crucial to pay close attention to its renewal, as the approach will depend on the specific circumstances of each applicant.

Renewal for Parents of Minors or Relatives of Spanish Citizens

If you obtained family roots residency as the parent of a Spanish minor or as a direct relative of a Spanish citizen (spouse, domestic partner, parent, or child), your authorization is valid for five years. Before its expiration, you must apply for Long-Term Residency, which allows you to live and work in Spain indefinitely.

Renewal for Children of Spanish-Born Parents

If you obtained family roots residency as the child of a parent who was originally Spanish, your card will only be valid for one year. Upon renewal, you must choose a different residence permit, such as:

• Employment-based residence and work permit
• Self-employment-based residence and work permit
• Non-lucrative residence permit

Your choice will depend on your personal circumstances and future plans in Spain.

Details on Renewing Family Roots Residency

For specific requirements and procedures for renewal, we recommend consulting our detailed section on family roots residency renewal. There, you will find comprehensive and up-to-date information to help you make the best decision and ensure a smooth transition to your new immigration status in Spain.

Applicable Regulations for Family Roots Residency in Spain

The application and approval of family roots residency are based on a set of regulations defining the requirements, procedures, and rights of applicants. Below is an overview of the relevant regulations:

• Instruction DGI/SGRJ/10/2008: This instruction provides additional guidelines on the application of family roots residency in specific cases, such as children of parents who were originally Spanish.
• Organic Law 4/2000 of January 11 (Immigration Law): This law establishes the basic principles and rights of foreigners in Spain, including various residency modalities such as family roots residency (Article 31.3).
• Royal Decree 557/2011 of April 20 (Immigration Regulations): This regulation develops the Immigration Law and specifies the requirements, procedures, and necessary documentation for applying for family roots residency (Articles 123 to 130).

Questions and Answers About Family Roots Residency

1. Where is the family roots residency application submitted? The application is submitted at the Immigration Office corresponding to your residence in Spain.
2. How long does the family roots residency process take? The legal processing time is three months, although it may vary depending on the workload of the office.
3. Can I work with family roots residency? Yes, family roots residency grants both residence and work authorization, allowing you to work either as an employee or self-employed.
4. How long does family roots residency last? The duration depends on the type of family connection. It is five years for parents of Spanish or EU minors, relatives of Spanish citizens, and individuals providing support to persons with disabilities. It is one year for children of Spanish-born parents.
5. Can family roots residency be renewed? Yes, family roots residency can be renewed if the requirements are still met. For children of Spanish-born parents, renewal involves applying for a new residence permit (employed work, self-employed work, or non-lucrative).
6. What happens if my family roots residency application is denied? If denied, you can file an appeal within one month or pursue a contentious-administrative appeal within two months.
7. Do I need a lawyer to apply for family roots residency? While not mandatory, it is highly recommended to seek the assistance of a lawyer specializing in immigration law to ensure your application meets all requirements and to increase your chances of success.
8. Can I travel outside of Spain with family roots residency? Yes, you can travel abroad, but prolonged absences may affect your permit renewal.
9. Can I apply for Spanish citizenship with family roots residency? Yes, after residing legally in Spain for a certain period with family roots residency, you can apply for Spanish citizenship by residence.
10. What happens if my family situation changes after obtaining family roots residency? If your family situation changes (e.g., divorce, death of the Spanish relative), you must inform the Immigration Office so they can evaluate whether you still meet the requirements to maintain family roots residency.
11. Can I change my type of residence after obtaining family roots residency? Yes, you can apply for a different type of residence permit if you meet the requirements for the new permit you wish to obtain.
12. What are the advantages of family roots residency compared to other residence types? Family roots residency is more accessible for those with family ties to Spanish citizens since the financial requirements are less demanding than for other residence permits. It also allows work both as an employee and self-employed.
13. What is the most common example of family roots residency? The most common example is when a foreigner applies for temporary residence as the parent of a child born in Spain with Spanish nationality.
14. What is family roots residency by simple presumption? Family roots residency by simple presumption, also known as family roots residency for a child born in Spain, refers to a mechanism allowing certain children born in Spain to acquire Spanish nationality when their parents are foreigners. This process is activated when the parents waive the nationality their children would otherwise inherit, leaving the child stateless. Spain then grants nationality to avoid leaving the child without rights.
15. Can family roots residency be requested for the mother or father of a child with Spanish nationality? Yes, family roots residency can be requested in Spain if one of the parents has a child with Spanish nationality, whether for the mother or the father.
16. Can family roots residency be requested for a father or mother if the child is an adult with Spanish nationality? No, family roots residency cannot be requested for an adult child with Spanish nationality unless very specific exceptions apply.
17. What are the main requirements for family roots residency through marriage? The main requirements include being married to a Spanish citizen or legal resident, presenting a legalized marriage certificate, and providing documentation proving cohabitation, such as joint registration records.
18. What is community family roots residency? Community family roots residency is not a traditional form of family roots residency but rather a family reunification process for EU citizens and their relatives.
19. Can family roots residency be requested for caregivers of Spanish citizens with disabilities? Yes, family roots residency is a temporary residence authorization for exceptional circumstances that allows foreigners in irregular situations in Spain to regularize their status by demonstrating family ties to Spanish citizens. One modality includes those who provide support to Spanish citizens with disabilities or who require assistance to exercise their legal capacity. To qualify, you must prove that you live with and care for the Spanish citizen with a disability and provide documentation of the disability and the need for support.
20. What are the requirements for the five-year family roots residency card? Family roots residency requires the applicant to have lived continuously and irregularly in Spain for at least three years (not five) and to demonstrate family ties to a Spanish citizen, such as being a spouse, child, or sibling. Additionally, proof of cohabitation and financial dependency is required for children or siblings, as well as proof of a marital or caregiving relationship for spouses or domestic partners. Documentary evidence, such as registration records, family relationship documents, and in some cases, a sworn statement from the Spanish relative, must be provided.