ARRAIGO LABORAL IN SPAIN: Definition, Requirements and Steps to Apply for it

The "arraigo laboral" is one of the excellent ways for a foreigner to regulate himself in Spanish territory. This form of residence is granted in exceptional situations, but requires the fulfillment of certain specific requirements.
Who can apply?

Foreigners who are in an irregular situation in Spain and maintain labor ties of at least 6 months, may opt for the Residence for Labor Roots, taking into account that they must have resided in the country for at least 2 years. It is important to note that they must not have been absent from Spanish territory for more than 90 days in the last two years prior to the application.

 

Requirements within the Arraigo Laboral

 

These are the requirements that must be fulfilled by those who wish to apply for this procedure:

 

  • Not to be a citizen of a State of the European UnionEuropean Economic Area or Switzerland, or a family member of a citizen of one of these countries to which the EU citizenship regime applies.
  • Lack of criminal record in Spain and in their previous countries of residence and in their previous countries of residence for offenses existing in the Spanish system.
  • Not to be banned from entering Spain and not be refused entry into the territorial space of countries with which Spain has signed an agreement in this regard.
  • Not beingnot be within the period of commitment not to return to the period of commitment not to return to Spain that the foreigner has assumed when returning voluntarily to his/her country of origin.
  • To have stayed continuously in Spain for at least two years. for a minimum period of two years. It is understood as continuous permanence if the absences have not exceeded 90 days in the last two years.
  • Be able to demonstrate the existence of an employment relationship whose duration is not less than six months.
Labor accreditation of at least 6 months

It is necessary to demonstrate legitimate employment tiesi.e., employment performed during a period of legal stay or residence, in the last two years. two years. Being of the following options:

  • Employment for others with a contract or contracts involving a work activity of 30 hours a week or 15 hours a week 30 hours a week or 15 hours a week in a 12-month period. in a period of 12 months.
  • Self-employment for 6 months continuously.

The employment relationship and its duration may be evidenced by any legally admissible means of proof.

Application for Arraigo

For the processing of the authorization of residence and work in Spain for residence and work in Spain is done at the Foreigners Office of your locality, that is to say, in the place where you have registered your domicile and corresponding census registration.

We remind you that it is essential to comply with all the requirements mentioned above in order to apply for this permit in Spain.

 

Validity of the Residence Authorization

The residence authorization for Arraigo Laboral is valid for one year. Once you are a holder of this type of card, you will be able to work both as a self-employed person and as an employee. 

 

At the time of renewal of such authorization, it is necessary to comply with specific requirements, especially in the labor field, in order to be able to modify the permit to a Residence and Work Authorization either as an Employee or Self-Employed.

In Molinares Abogados we help you with your process so that you can reside in Spain. If you need advice in your immigration process, write us your doubts or schedule an appointment, we will answer you as soon as possible!

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