This is one of the most common questions that come to the office of Molinares Abogados, since people interested in applying for social or labor roots, who have minor children, ask us if they can submit their applications (residence permit for exceptional circumstances) for roots together with their minor children and if they can also be granted the residence permit simultaneously.
The answer is NO. In the first place, the arraigo files are of individual character, that is to say the parents cannot include the children in the file, and as it is known the figures of social or labor arraigo have some specific requirements, being the most important ones the continuous permanence of 3 and 2 years, to lack criminal record, and to have a job offer for the case of social arraigo or at least 6 months of contribution for the labor arraigo. For obvious reasons a minor does not have the possibility to apply for a residence permit for exceptional circumstances - Arraigo.
So, how can I regularize my minor child?
Once one of the parents of the minor has obtained his or her residence permit and has the TIE, we can apply for a residence permit for a minor foreigner NOT born in Spain or a residence permit for a minor foreigner born in Spain.
Residence permit for a minor foreigner NOT born in Spain
This residence permit is granted to the children of foreigners legally residing in Spain, as well as to minors legally subject to the guardianship of a Spanish citizen or institution or of a foreigner legally residing in Spain who meet the following requirements:
- Continuous stay in Spain of the minor for two years.
- Their parents or guardians must show proof of employment or sufficient financial resources.
- Their parents or guardians must prove that they have adequate housing.
- In the case of minors over 6 years of age, accredit that they are attending school in a Spanish school.
Residence permit for a minor foreigner born in Spain
This is a residence permit for children born in Spain of a foreigner who is legally residing in Spain.
-That the child was born in Spain.
-The parent (either of them) must be a legal resident.
At this point it is important to emphasize that the residence of minor children is always linked to that of the parents and will have the same validity as the residence authorization of the legal representative.
If this is your case, do not hesitate to contact us, from our office we will advise you and manage the file of your child, making sure that you meet all the requirements and providing the necessary documentation to obtain a favorable resolution, so that your whole family can reside legally in Spain and thus, compute the deadlines to apply for Spanish nationality by residence.
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