From Molinares Abogados we want to offer you a complete guide about the social roots 2023 in Spain. From the Firm we can help you to manage the entire processing of the application to be granted the residence permit for exceptional circumstances due to social roots in Spain. We explain below everything you need to know about it.
What is social rootedness?
The "arraigo social" is nothing more than an exceptional permit for a foreigner to reside in Spain on a temporary basis. That is to say, it must be requested by a foreigner who is irregularly present in Spanish territory.
There are three types of such permits. Thus, in addition to social roots, we also find labor roots, family roots and the new roots for training purposes. On this occasion we will focus on social roots, which is the most requested of the four because it is based on the existence of ties with the community in which one lives and the importance of these ties (as opposed to the other three types of roots), for which it is required to have a contribution in the system as an employed or self-employed worker having held a previous residence permit for at least 6 months, to have family ties with Spanish citizens - applicable in some cases, and to have access to training that guarantees a residence permit once a job offer is obtained). Spanish nationality, for the purposes of Article 20 of the Civil Code".
It should be mentioned that these authorizations are granted initially:
- Social roots: 1 year
- Labor roots: 1 year
- Rooting for training: 1 year
- Family roots: 5 years
Regulations governing social roots
We find the establishment of the social roots in the Organic Law 4/2000of January 11, 2000, on the rights and freedoms of foreigners in Spain and their social integration (or, for short, Ley de Extranjería).
Likewise, this permit is further developed in the Foreigners' Regulation (Royal Decree 557/2011of April 20, 2011, which approved the Regulation of the Organic Law 4/2000on the rights and freedoms of foreigners in Spain and their social integration).
Requirements for social roots in Spain
The requirements for social roots are as follows:
1. Not belong to any country of the European Union.
Not be a citizen or relative of a citizen of the European Union, Switzerland or the European Economic Area.
2. Accreditation of permanence in Spain
Be able to prove a continuous stay in Spain for at least 3 years. minimum of 3 years. This implies that, in case of absences, these cannot exceed 120 days.
3. No criminal record
Not having a criminal record both in Spain and in the country of origin or in those countries in which he/she has resided in the last 5 years. As well as, not to be prohibited to enter the country or to appear as a person to be rejected in the territorial space of those countries with which Spain has signed an agreement in this respect.
4. Employment contract
Have an individual employment contract signed that guarantees the minimum wage or, if better, theThe Company has a signed individual employment contract that guarantees the minimum wage or, if better, the one designated in the applicable collective bargaining agreement.
The weekly hours may not be less than 30 hours, except in the case of being in charge of minors or other dependents, in which case they may be reduced.except in the case of being in charge of minors or other dependents, in which case the working week may be reduced to 20 hours per week.
In addition, in the event of working in the agricultural sector or "In the case of carrying out activities in the same or different occupations, working partially and simultaneously for more than one employer", it will be possible to present more than one employment contract.
5. Family ties
Have family ties with other resident aliens or be able to present a report of social roots accrediting the social integration of the subject by the Autonomous Community in which the person's habitual residence is located.
Applying for social roots in Spain
The law stipulates that the person interested in regulating his or her situation must personally file the application to obtain social roots, unless he or she is a minor or incompetent. Thus, from the Firm we can make the presentations of any type of arraigo through electronic means (MERCURY NETWORK).
This procedure will be carried out before the Alien Office of the Autonomous Community of residence. of residence, nowadays we recommend to do the telematic presentation.
A fee must be paid and a series of documents must be presented, which must be legalized and translated into Spanish if they are written in a foreign language.
The The time limit for the Aliens Office to decide on the to decide on the applicationshall be 3 monthsafter which, if there has been no response, the application must be understood to have been rejected. In any case, it should be noted that the majority of immigration offices in the Spanish territory usually exceed the processing time, and in some places the resolution of these cases takes up to 8 months.
If the application is expressly granted, the residence permit for social roots will be valid for a non-extendable period of one year, i.e., the applicant will not be able to renew it.That is to say, the applicant will not be able to renew it, but, what will have to do at the end of the validity of the same one is to initiate the steps to obtain an authorization of residence or of residence and work.
Within 30 days from the notification, affiliation and/or registration with the Social Security must be arranged. Social Security by the contracting company, at which time the permit will come into effect. If, on the other hand, the applicant has accredited his own economic means (self-employed employment relationship), the permit will be effective from the moment of notification.
Within 1 month of having obtained the authorization of residence for social roots, the following must be obtained Alien Identity Card.
Arraigo Social documentation and fees
Also, a series of documents must be submitted:
- Complete passport
- Criminal record of the country of origin and residence for the last 5 years, apostilled, legalized and translated if not in Spanish.
- 3-year permanency tests
- Integration report
- Depending on the activity to be developed, special documents are required (employee, self-employed or own economic means, this applies in the case that no work activity is to be developed).
