Arraigo Social without Labor Contract

 Can I apply for Arraigo Social if I do not have an employment contract?

The "arraigo social" is one of the figures most used by foreigners in Spain to regularize their situation, however, it is very complicated to access a labor proposal to process this request.

Many times we are asked how can I do the Arraigo SocialIs it mandatory to have an employment contract? Is there any other option to process this permit?

The answer to this question is YES. It is always possible to apply for a Residence Permit for Social Integration without a work contract, this application can be made in the following way

1- Self-employed (Self-employed).

2- Social roots with own economic means. 

REQUIREMENTS FOR SOCIAL ROOTS WITHOUT AN EMPLOYMENT CONTRACT

Among the main requirements to be fulfilled in order to make such request are the following:

  • To have been in Spain for at least 3 years continuously.
  • Not have a criminal record in Spain and in their previous countries of residence for offenses existing in the Spanish legal system.
  • Not to be prohibited from entering Spain and not to be listed as rejectable in the territorial space of countries with which Spain has signed an agreement in this regard.
  • Not being, if applicable, within the period of commitment not to return to Spain that the foreigner has assumed when returning voluntarily to his/her country of origin.
  • Have family ties with other resident foreigners (spouse or registered domestic partner, ascendants or descendants in first degree and direct line) or else, present a report of roots that accredits their social integration issued by the Autonomous Community (or the City Council if the Autonomous Community has authorized it), in whose territory they have their habitual residence. In the event that the report has not been issued within 30 days, a circumstance that must be duly accredited by the interested party, this requirement may be justified by any means of proof admitted by law.
SOCIAL ROOTS AS SELF-EMPLOYED (SELF-EMPLOYED)

If we want to apply to the Arraigo Social for the creation of our own company and we have sufficient financial resources, we can use a business plan instead of a job offer to start our own business.

In this case, in addition to complying with the other requirements mentioned above, you must also submit your application:

  • Business PlanIn this business plan you should detail the activity you are going to carry out in Spain, who is your potential client, with what resources, etc.
  • Investment: Another of the requirements that you will have to accredit will be to have sufficient resources to be able to start up your business.
  • Own financial resources: In addition to these requirements we have mentioned, it will also be necessary to prove that you have sufficient financial means to cover your living and accommodation expenses.
SOCIAL ROOTS WITH THEIR OWN ECONOMIC MEANS

The second option to apply for this residence permit without a contract is to provide your own financial means or those of a direct family member with whom you live. In this specific case, the amount required is currently 100% of the Minimum Vital Income in its annual amount. Currently the Minimum Vital Income is 604.21 euros per month for an adult.

Written by:
Anabel Guevara

In Molinares Abogados we help you with all 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.Write us your doubts or schedule an appointment and we will answer you as soon as possible!

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