After the pronouncement of the Supreme Court by judgment 1184/2021 of March 25, 2021 through which it is established that the accreditation of the employment relationship and its duration can be demonstrated by any means of proof valid in law for the request of a temporary residence due to exceptional circumstances.
The Secretary of State for Migration, on June 8, 2021, published the SEM 1/2021 instruction, which sets the criteria to facilitate the application of the jurisprudential doctrine, of which we highlight the following:
General requirements to apply for Arraigo Laboral:
- Lack of criminal record in Spain, in the country of origin and in the countries where he/she has resided during the last 5 years, translated into Spanish and/or apostilled or legalized as the case may be.
- Proof of the existence of an employment relationship that exceeds 6 months in the two years immediately preceding the submission of the application.
- Continuous residence in Spain during the two years immediately preceding the application.
- Being in an irregular administrative situation in Spain
The employment relationship may be irregular or regular under a residence permit whose validity has expired.
Contractual modalities:
Those provided for in the labor legislation as employee.
The following are excluded from the scope of application are excluded from the scope of application the non-work training practices of students and self-employed workers.
Number of employers:
It is irrelevant whether there has been one or several employers, but it is required that the salary received for the benefit must be an amount equal to or greater than the minimum interprofessional salary, or that which proportionally corresponds in the case of part-time contracts. or that which proportionally corresponds in the case of part-time contracts.
The employment relationship or, as the case may be, the employment relationships that occur at the same time must represent a working week of not less than thirty hours in the global computation.
IMPORTANT: In those cases where the Aliens Office deems it appropriate, it will inform the competent units of the Labor and Social Security Inspectorate so that they can carry out their inspection functions.
We can advise you.
Written by Liliana Zapata Salazar
