After the reform of Royal Decree 629/2022, of July 26, amending the Regulation of Organic Law 4/2000, on the rights and freedoms of foreigners in Spain and their social integration, after its reform by Organic Law 2/2009, approved by Royal Decree 557/2011, of April 20, Article 124.3 b was amended, which in its new wording, tells us that:
"In the case of the spouse or accredited common-law partner of a Spanish citizen. Also in the case of ascendants over 65 years of age, or under 65 years of age, descendants under 21 years of age, or over 21 years of age, of a Spanish citizen, or of their spouse or common-law partner. An authorization will be granted for five years that enables to work as an employee or self-employed person".
This means that these relatives of Spaniards are entitled to apply for this Temporary Residence Permit for Exceptional Circumstances. to request this Temporary Residence Permit for Exceptional Circumstances under the under the figure of Arraigo Familiar; but they are not obliged to apply for the Arraigo Familiar. This is so, since neither in the Explanatory Memorandum of the Reform of the Regulation nor in the Final Provisions is RD 240/2007, which is the legal text that regulates the free movement of EU citizens and their family members, repealed at any time. It is here where the most relevant question arises, Arraigo Familiar or Community Family Card?.
Let's start by saying that there is no absolute truth, and that depending on the specific case you can choose between one procedure or another. So none of them is better than the other, just one may be more beneficial for the specific situation in which you find yourself.
Differences:
Who can submit the application?
- Family roots: This residence belongs to the general regime, and only family members of Spanish citizens, whether nationalized or Spaniards of origin, are eligible.
- TFC: The EU family member residence card belongs to the EU regime, family members of EU citizens, including Spaniards, will be eligible.
Economic Means
- Family roots: For couples, children and dependent ascendants over 65 years of age, it is not necessary to prove financial means when applying for this residence.
- TFC: The EU citizen must meet one of the following conditions in order to apply for residency for his or her family members:
- Being an employee in Spain
- Being self-employed in Spain
- To have sufficient economic resources for themselves and their family members.
As well as demonstrating "being in charge", in the case of ascendants
Medical Insurance
- Family roots: For this residency it is not necessary to demonstrate health care, either public or private.
- TFC: Health insurance is required for this residency.
Criminal Record
- Family roots: For this residency, apostilled criminal records from the country of origin and the countries where you have resided in the last 5 years must be provided.
- TFC: No criminal record must be provided for this residency.
Finally, it must be taken into account that if a Family Rooting is requested, after 5 years the holder will have the right to a Long Term Residence Permit of 5 years, on the other hand, in the case that the holder of a Residence Permit of 5 years is the holder of a Residence Permit of a Relative of a Community Resident, as long as the right to maintain such Residence Permit is maintained, the holder may request a Permanent Residence Permit of 10 years under the Community Regime after 5 years.
