Arraigo in Spain: What It Is and How to Apply

The term “arraigo” may seem unfamiliar to those not acquainted with Spanish legal vocabulary, but it plays a crucial role in the immigration regularization process in Spain. Generally, the concept of “arraigo” refers to the rooting or connection a person has with a specific place. When applied to immigration, “arraigo” pertains to an individual’s integration into society, even if they are living in the country irregularly or illegally. In other words, “arraigo” is a process of regularization in Spain.

What is the Purpose of Arraigo in Spain?

The Arraigo in Spain is, therefore, a legal mechanism to regularize the status of immigrants who, having integrated into Spanish society, can apply for a residence permit. This process allows the individual to legally live in Spain, even without Spanish citizenship, granting them rights and benefits that are denied to those in an irregular situation.

Arraigo: Regularization in Spain

Arraigo is used in situations where a non-EU foreigner remains in Spain without the proper residence permit. This may occur due to visa expiration or entry into the country without the necessary documentation. Regularization through arraigo is a mechanism that considers the immigrant’s bond with the country and their social and labor integration.

Different Types of Arraigo in Spain

Arraigo applies to various scenarios, and there are several types of arraigo for seeking regularization. These include: social arraigo, labor arraigo, family arraigo, and arraigo for training. Each has specific requirements and is intended for different situations.

1. Arraigo Social Spain

Social arraigo (Arraigo Social) is one of the most well-known types, aimed at people who have been residing irregularly in Spain for at least three years and can prove they are integrated into society.

Requirements / Arraigo Social Spain:

• Continuous and irregular residence in Spain for at least three years.
• Proof of social integration with a positive report from Spanish authorities (e.g., knowledge of the Spanish language, community ties, participation in social activities).
• No criminal record in Spain or the country of origin.
• Demonstration of means of subsistence, such as an employment contract, self-employment, or personal resources.

Required Documents (originals and translated copies):

• Official application form (EX-10) filled out and signed in two copies.
• Complete copy of passport, travel document, or registration card with a minimum validity of four months.
• Documents proving residence in Spain for at least three years, preferably issued by a Spanish Public Administration (e.g., health records, state or municipal documents like empadronamiento).
• Criminal record certificate issued by the authorities of the country or countries where the applicant has resided in the last five years before entering Spain.
• Documentation of Ties: social integration report issued by the Autonomous Community of residence.
• Employment contract or proof of sufficient means for subsistence, at least 100% of the guaranteed income of the Minimum Subsistence Income.

2. Arraigo Laboral Spain (or Employment Arraigo)

Labor arraigo (Arraigo Laboral) regularizes immigrants who have been in Spain irregularly for at least two consecutive years and can prove they have worked with a legally recognized contract for at least six months at 30 hours per week or one year at 15 hours per week. The difference here is that you need to have worked regularly, whether holding a student visa or an expired residence visa.

Requirements:

• Continuous residence in Spain for at least two years.
• Proof of legal employment in Spain for at least six months (which can be with a student visa, temporary residence visa, etc.).
• No criminal record.

Required Documents (originals and translated copies):

• Official application form (EX-10) filled out and signed in two copies.
• Complete copy of passport, travel document, or registration card with a minimum validity of four months.
• Documents proving continuous residence in Spain for at least two years, preferably issued by a Spanish Public Administration, such as health records, municipal documents (empadronamiento), or state documents.
• Criminal record certificate issued by the authorities of the country or countries where the applicant has resided in the last five years before entering Spain.
• Documentation proving the existence of legal employment relations for six months in the last two years.

3. Arraigo Familiar

Family arraigo (Arraigo Familiar) applies to individuals with family ties to Spanish citizens, such as parents, guardians of minor Spanish nationals, or those providing support to a Spanish citizen with a disability. It can also be requested by spouses or de facto partners of Spanish citizens, including relatives over 65 years old or under 65 who are dependent, descendants under 21 years old or over 21 who depend on Spanish citizens, or their spouses or partners. Additionally, family arraigo includes children of parents who were originally Spanish.

Requirements:

• Proof of family relationship with a Spanish citizen (birth, marriage, or civil partnership certificate).
• No minimum residence requirement in Spain.
• No criminal record.

Validity of Arraigo:

• Parents of minor Spanish nationals: 5 years.
• Spouses of Spanish citizens: 5 years.
• Children of Spanish nationals by origin: 1 year, renewable.

Required Documents:

• Official application form (EX-10) filled out and signed in two copies.
• Complete copy of passport or travel document with a minimum validity of four months.
• Criminal record certificate for the last five years.
• Documentation proving the family relationship.
• Submit the application to immigration offices with the necessary documents (e.g., certificates, relationship proofs).

4. Arraigo for Training

Finally, arraigo for training (Arraigo para Formación) regularizes immigrants who have been residing irregularly in Spain for two years and commit to undertaking professional or educational training. This applies to technical or vocational courses.

Initially, you need to apply for residence authorization before enrolling in the course. The grant of this authorization depends on the commitment to pursue professional, technical, or university training in Spain. After receiving the authorization, you will have a period of three months to enroll in the course and present the relevant documentation to the authorities.

However, it is important to note that this type of arraigo does not permit working. Only after completing the course will it be possible to apply for a change to a residence and work visa.

Requirements:

• Continuous residence in Spain for at least two years.
• No criminal record.
• Present a commitment to undertake studies or professional training (find more details directly on the government website at the arraigo-formacion link).

Required Documents:

• Official application form (EX-10) filled out and signed in two copies.
• Complete copy of passport or travel document with a minimum validity of four months.
• Criminal record certificate for the last five years.
• Documentation proving residence for at least two years.
• Documentation proving enrollment in an officially recognized educational institution, as well as academic progress and regular class attendance.
• Commitment to undertake the training, reflected in the official application form or written statement.

Why Pursue Arraigo in Spain?

Arraigo represents a valuable opportunity for immigrants to regularize their situation in Spain, thus ensuring fundamental rights and full integration into Spanish society. Each type of arraigo addresses different circumstances, offering various paths to legalization.

Regularizing your situation in Spain through arraigo provides numerous advantages, including access to social rights and benefits, better job opportunities, and ease of mobility within and outside the European Union, even allowing the immigrant to travel to their home country if desired to visit family.

Moreover, regularization paves the way for long-term residence permits and, eventually, Spanish citizenship through residency.

If you wish to live in Spain or if you are already living in the country and want to regularize your status, contact Atlantic Bridge. We are a specialized consultancy that assists companies, families, and individuals in investing, living, or obtaining citizenship in Portugal, Spain, and Italy, with experienced and registered lawyers.

Click here to get in touch with us.