Supreme Court Ruling
Ruling 1184/2021 issued by the Supreme Court has established a new criterion of imperative compliance in the procedure of labor roots, which opens the door to any person who has been continuously in Spain for 2 years and has maintained an employment relationship of at least 6 months in a legal manner. Before the ruling, it was only possible to apply this figure to foreigners who had worked in an irregular manner, obliging them to provide as proof the sentence, conciliation act or resolution of the labor inspector. Now, as a novelty, it is allowed to prove this with other means of proof, such as the certificate of employment. This new criterion makes the burden of proof more flexible, which allows many foreigners who have worked legally (asylum seekers with a work permit, residents who for some reason have lost their residence permit, etc.) to access a residence permit.
Who can apply?
All those persons who are in any of the situations listed below and who have worked for more than 6 months:
-People who have had their Red Card or white slip with a work permit, who have worked and have finally been denied asylum.
-People who have not been able to renew their residence permit.
-Foreigners with a Community Card who, due to the termination of the relationship or for some other circumstance, cannot renew their card.
-Foreigner PACs that cannot renew their permits.
Requirements
Being a non-EU citizen
-Having been in Spain for 2 continuous years.
-No criminal record in their country of origin or in Spain.
-That it can demonstrate the existence of employment relationships whose duration is not less than six months.
-That the residence permit that gave rise to the employment relationship has expired or lost its validity.
-Continuous permanence of 2 years.
As in the case of Arraigo Social, it will be necessary to prove that the foreigner has remained in Spain continuously, being the documents in which the full name of the interested party and the date appear, the most relevant to prove the required permanence. Therefore, we will be able to use or the historical census, invoices, money remittances or medical vouchers, certificate of the transport voucher, Etc.
How to prove an employment relationship of at least 6 months?
Here it is important to distinguish 2 situations.
- When the employment relationship has been maintained without registering with the Social Security. In this case we will have to provide a judicial sentence, a conciliation act in judicial proceedings or an administrative resolution confirming the infringement act of the Labor and Social Security Inspection that accredits that we have been working in Spain during this time.
- When the employment relationship has been legally maintained with the corresponding registration with the Social Security. We will be able to provide the report of labor life, work contract, payroll, etc.
When can you apply?
If you meet the requirements, you will be able to submit your dossier as of now, and the Immigration Office has already implemented this new guideline through information sheet No. 35 of April 2021.
Validity. The residence permit for Exceptional Circumstances Arraigo Laboral is valid for one year.
From Molinares Abogados we are aware of the constant changes and are constantly updated, which allows us to know which are the most appropriate options for you to obtain your residence permit. We are trained professionals with extensive experience to carry out this procedure that is of great importance to you.
We Molinares Abogados are always attentive to any new developments in your procedures, to give you good news in the shortest time possible. If you want to know how your process is going or start it do not hesitate to contact us.
