The new Immigration Regulation, which will come into effect on May 20, 2025, introduces various types of residency based on “arraigo,” with the “Second Chance Arraigo” being a key feature. This new modality allows for the regularization of individuals who previously held residency permits but lost their status for various reasons. Below, we explain everything you need to know about this new form of regularization.
What is Second Chance Arraigo?
Second Chance Arraigo is a new category created to regularize the status of individuals who lost their residency permit within the last two years, as long as this loss was not due to issues related to public order, security, or health. This concept replaces the old “labor arraigo,” which had a limited impact in recent years due to the difficulties in proving labor relationships.
Second Chance Arraigo is aimed at those who, for various reasons, were unable to renew their residency on time, such as being outside of Spain, forgetting to renew, or other reasons. This modality provides a second opportunity for individuals who held a residency permit within the past two years but could not renew it due to issues unrelated to public order or security concerns.
Who is Eligible for Second Chance Arraigo?
Second Chance Arraigo is designed to regularize the situation of two main groups of people who are currently in an irregular situation in Spain but meet certain specific criteria.
1. Solicitantes de Asilo
The first group targeted by the Second Chance Arraigo is asylum applicants who could not access labor arraigo due to the strict conditions of that category. To qualify for labor arraigo, applicants are required to have stayed in Spain for at least two years and worked legally for six months on a full-time basis.
However, many asylum seekers found themselves in a situation where, although they had been working and contributing to Social Security, they could not access labor arraigo because they held a red asylum card instead of a regular residency permit.
With Second Chance Arraigo, the months in which asylum seekers were contributing to the Social Security system in Spain, even under the red card, are now valid for regularization purposes.
2. People Who Contributed Legally to Social Security
The second group benefiting from Second Chance Arraigo consists of those who contributed legally to Social Security for six months as employees or self-employed individuals, but could not renew their residency permit on time, thus remaining in an irregular situation.
This group is eligible for regularization through Second Chance Arraigo, as long as they have no criminal records and have not previously held a residency permit under exceptional circumstances, such as social or labor arraigo.
Requirements for Second Chance Arraigo
The Second Chance Arraigo is a temporary residency permit granted under the grounds of regularization, as long as the applicant fulfills the following cumulative general requirements:
- Presence in Spain: The applicant must be in Spain and not be a holder of international protection status at the time of the application submission or during its processing. A person is considered a protection seeker if they have submitted a protection request that has not yet been resolved, neither administratively nor judicially.
- Continuous Residence: The applicant must have resided in Spain continuously for at least two years prior to the application. If the person was an international protection seeker, the time spent in Spain while the protection request was processed will not be counted until a final decision has been made.
- No Risk to Public Order, Security, or Health: The applicant must not pose a risk to public order, security, or health in Spain.
- No Criminal Records: The applicant must have no criminal records in Spain or in any country where they have resided in the last five years, for crimes that are penalized under Spanish law.
- Not Listed as Rejected: The applicant must not appear as rejected in the countries with which Spain has signed agreements regarding this issue.
- No Return Obligation: The applicant must not be under an obligation to not return to Spain, if applicable due to administrative or judicial sanctions.
- Payment of Fees: The applicant must have paid the required processing fees for the application.
Specific Requirement
To qualify for this type of arraigo, the applicant must have held a residency authorization during the last two years, provided that such residency was not granted under exceptional circumstances. If the renewal of this authorization was denied for reasons other than public order, security, or health concerns, the Second Chance Arraigo can still be applied for. In cases where a denial ruling, dismissal, or acquittal is issued, it will also be possible to apply for the Second Chance Arraigo.
Application Process for the Second Chance Arraigo
To apply for the Second Chance Arraigo, interested parties must follow a series of steps and submit the required documentation, which includes:
- Proof of Social Integration: Certificates of registration, rental contracts, social service reports, and other documents proving continuous residence in Spain.
- Social Integration Report: This report must be issued by the corresponding Autonomous Community or the Town Hall and must support the applicant’s integration into Spanish society.
- Employment Contract: In some cases, it will be necessary to submit a one-year employment contract if the applicant is already employed.
- Criminal Record Certificate: Issued by both the applicant’s home country authorities and Spanish authorities, to show that the applicant has no criminal records.
- Submitting the Application: The application must be submitted at the relevant Foreigners’ Office.
- Fee Payment: The applicant must pay the corresponding fees for processing the permit.
- Follow-up: Follow-up on the application and provide any additional information as requested.
Differences Between Second Chance Arraigo and Labor Arraigo
Labor Arraigo allowed for the regularization of foreigners who, after two years in Spain, could prove a labor relationship lasting at least six months. However, its application was limited due to the difficulties in proving the labor relationship.
With the creation of the Second Chance Arraigo, the new Immigration Regulation broadens its scope, replacing labor arraigo and allowing for more flexible regularization of foreigners who have lost their residency authorization in the past, without the strict requirements of labor arraigo.
Extension of the Second Chance Arraigo
The extension of the authorization granted through the second-chance arraigo will be conditional on the applicant meeting the requirements and demonstrating active job seeking, duly registered with the Public Employment Service.
Marco Normativo del Arraigo de Segunda Oportunidad
The Second-Chance Arraigo is regulated by the new Immigration Regulation, approved in November 2024, which amends and adapts Organic Law 4/2000, dated January 11, on the rights and freedoms of foreigners in Spain and their social integration.
Applicable Regulations
- Organic Law 4/2000, dated January 11: This law establishes the foundation for the rights and freedoms of foreigners in Spain, regulating their residence and work permits, as well as the procedures to obtain them. The law, amended by subsequent reforms, serves as the general immigration framework in Spain.
- Royal Decree 1155/2024, dated November 19: This regulation reforms the legal framework of Organic Law 4/2000 and introduces the new concept of the second-chance arraigo. The decree expands regularization options for individuals who have lost their residence authorization within the past two years. It also specifies that, even if individuals worked under asylum permits or without regular residence, those periods will be counted toward their regularization.
- Immigration Regulation: Royal Decree 1155/2024 complements and elaborates on the provisions of Organic Law 4/2000, detailing the administrative procedures and specific requirements for obtaining residence on exceptional grounds, including the second-chance arraigo.
Frequently Asked Questions About the Second-Chance Arraigo
- Who can apply for the Second-Chance Arraigo? This arraigo is intended for two main groups of individuals:
- Asylum seekers: Those who worked legally in Spain under the asylum seeker’s red card and contributed to Social Security, even if they did not have a regular residence permit.
- Individuals who worked legally in Spain for six months as employees or self-employed but were unable to renew their residence permit and are now in an irregular status.
- Can I apply for the Second-Chance Arraigo if I previously held a residence permit for exceptional circumstances? No, you cannot apply for the Second-Chance Arraigo if you have previously held a residence permit for exceptional circumstances (such as social arraigo or employment-based arraigo). This program is specifically designed for those who have not previously held this type of residence.
- What if I have a criminal record? If you have a criminal record, you will not be eligible to apply for the Second-Chance Arraigo. It is a fundamental requirement to have a clean record concerning crimes committed in Spain or any other countries where you have resided in the past five years.
- Can I renew my permit after obtaining the Second-Chance Arraigo? Yes, it is possible to extend the authorization obtained through the Second-Chance Arraigo, provided you meet the established requirements, such as actively seeking employment and being registered with the Public Employment Service.