What is Arraigo Social?
Arraigo Social is an authorisation for temporary residency in Spain due to extraordinary circumstances, which is exclusively for third country nationals who have lived for several years in Spain without being registered as resident. The arraigo social allows the applicant to apply for residency directly from Spain, without the need for a visa.
Requirements
The requirements for a third country national to apply for residency via the arraigo social are:
You are a third country national (not being a citizen of the EU, EEA, Switzerland or family member of an EU national)
You have no criminal record in Spain or in other countries where you have lived before
You have lived in Spain for a continued period of at least three (3) years. For this condition to be met, absences from Spain during this period must not exceed 120 days
You have not been refused entry into Spain and you are not deemed undesirable by any other country with which Spain has a reciprocal agreement in this respect
You have a valid employment contract for a period of at least one (1) year, which is signed by you and the employer. The contract and employment should meet all Social Security payment requirements. Alternatively, you will have to prove you are economically self-sufficient.
Also, you will have to show that you have local connections with at least one of the following requirements:
Have family links with a Spanish resident or Spanish national such as marriage, a legal common law partnership (pareja de hecho), have children
Provide an official statement (Informe de arraigo) which confirms your local connections. This can be issued by the Comunidiad Autonoma or Town Hall (If they are authorised.
Step 1 - Presenting your documents to Extranjería
If you comply with the above requirements, you can begin your residency application. First you need to book an appointment with the appropriate Immigration Office for your region. You can book the appointment electronically through this website. Choose the province you live in and then the option “AUT. DE RESIDENCIA TEMPORAL POR CIRCUNS. EXCEPCIONALES POR ARRAIGO”; if that option does not appear, choose instead “SOLICITUD DE AUTORIZACIONES”. You will need to follow the instructions on your screen to get the appointment at the Immigration Office.
You need to take the following documents with you to the appointment:
A completed and signed EX-10 form (original and a copy)
A complete copy of your passport, including all pages
Tasa 790 052 paid for the purpose of “autorización de residencia temporal por circunstancias excepcionales”. The payment needs to be made no more than 10 days before your appointment date.
Supporting documents to prove that you have been living in Spain for the past three years. All documents should be in your name (utility bills, phone bills, registration with a school (for children), official documents such as employment contracts, evidence of medical appointments, empadronamiento, etc.)
A criminal record check from each country you have lived in for the 5 years preceding your arrival in Spain
Proof of local connections (see the requirements section above)
Evidence to show that you can support yourself financially through employment (a formal job offer), self employment (you plan to set up a business) or by other means.
A formal job offer
Having a valid employment contract with a cláusula suspensiva (one that starts once you receive the arraigo social authorisation) and the required terms and conditions, signed by you and the employer, plus the following documents:
Copy of the NIF of the business and company deeds
Copy of a professional report that confirms you are qualified for the job
IRPF/IVA declarations or other documents from the company that employs you to show that it is solvent
Your job description
Documentary evidence that you have sufficient economic means
You plan to set up a business
If you are self-employed (autónomo) or plan to be, documentary evidence of the business’ solvency and compliance with all the requirements set by Extranjería.
For details of the information you need to provide in respect of evidence that is required please visit the guidelines.
By other means
Other documents to show that you have enough money to live in Spain - sufficient economic means. This can be either your own income and savings or those of a family member who is prepared to cover your living costs.
All documents from other countries need to be translated into Spanish and legalised by the Spanish Consular office in the country of issue, or apostilled with the Hague apostille in the country of issue.
Resolution: It can take up to 3 months for a decision to be made (resolución). If favourable, you will be granted a residency and work permit in Spain for a set period of one year.
Step 2 - Obtaining your residency card (TIE)
Within one month of receiving a favourable decision, you must apply for a residency card (TIE) at a police station in the province in which you live and, if you are working, register with the Social Security (alta). If you applied using an employment contract, the one year residency period starts when you register with the Social Security. Otherwise, your residency starts from the date of the decision.
You can book the appointment for the TIE electronically through this website. Choose the province you live in and then the option “POLICÍA-TOMA DE HUELLAS (EXPEDICIÓN DE TARJETA) Y RENOVACIÓN DE TARJETA DE LARGA DURACIÓN”. You will need to follow the instructions on your screen to get an appointment at the Police Office. You will have to take the following documents with you:
Completed and signed EX-17 form (original and a copy)
Tasa 790, using the option “TIE que documenta la primera concesión de la autorización de residencia temporal, de estancia o para trabajadores transfronterizos”.
Registration (alta) with Social Security (if required)
Three ID photographs, with a white background
Once you present these documents, your fingerprints will be taken and your card application will be processed. If the police do not inform you of when to return to collect your new TIE (usually in approximately 45 days) you can book an appointment here. Select the province where you live and the option “Policia-Recogida Tarjeta de Identidad de Extranjero” -Trámites Cuerpo Nacional de Policía-.
The arraigo social is valid for one year. Thereafter, you will be able to convert it to an ordinary residency and work permit. If you are not employed at this point, you will have to demonstrate that you have sufficient economic means in order to get a residency permit equivalent to the Non-Lucrative Visa, which means that you can live in Spain but you do not have permission to work.