One of the main changes to be brought about by the new Alien Regulation, in force as of May 20 of this year, is a new regulation of the types of "arraigo" contemplated in the law. The concept of "arraigo" is established in Article 13.1 of Organic Law 4/2000, on the Rights and Freedoms of Foreigners in Spain and their Social Integration, and developed by the corresponding Regulations.
The "arraigo" is an administrative procedure that allows those persons who are in an irregular situation in Spain to obtain a temporary residence permit based on a series of circumstances that demonstrate the existence of a special bond between the foreigner and the country. This link may be of a family, labor, educational, social nature... The main attraction of the residency based on arraigo is that those who avail themselves of it have a work permit in Spain during the time it is in force.
With the reform of the Immigration Regulations, the four types of arraigo that existed until now (family, social, labor and educational) have become 5 (social, family, socio-labor, socio-educational and second chance), with the second chance arraigo being one of the greatest novelties it offers. In addition, the requirements to be eligible for residency through these processes have been made more flexible. Below we will go into more detail on the requirements to be eligible for each of them.
Social roots
The "arraigo social" is contemplated mainly as an option for those persons who maintain family ties with persons holding residence permits in Spain. In order to be taken into account for this figure, they must refer to the spouse or registered partner or first-degree relatives in direct line. Despite this, arraigo social is also recognized to those persons who have shown a sufficient degree of integration into Spanish society. Its duration is 1 year. In order to be eligible for temporary residence due to social roots, foreigners must prove the following:
i. Presence in Spain without being an applicant for international protection, as well as continuous stay in Spain for a minimum of 2 years.
ii. Absence of criminal record, both in Spain and in other countries where the foreigner has resided in the 5 years prior to the application for residence.
iii. In the case of those foreigners who maintain family ties with holders of a residence permit in Spain, they must demonstrate that they have sufficient economic means to maintain themselves in the country. The law requires, in this case, that they amount to 100% of the IPREM. These must be available in Spain, and belong to the relative or relatives in question with whom the link is maintained. In the event that the foreigner meets the requirements for the granting of an initial authorization for temporary residence and self-employment (art. 84 of the Regulation), these means may come from an economic activity of his own.
iv. A sufficient degree of integration into Spanish society. This is accredited through a social integration report, issued by the Town Hall or Autonomous Community corresponding to the foreigner's residence. This must be issued within 1 month of the application.
Family roots
The "arraigo familiar" provides a pathway to residency for those people who have a minor or a disabled person who is a national of another EU, EEA or Swiss country in their care. It is the only type of family ties that can be applied for without the need to have resided in Spain for 1 year, and it has a duration of 5 years. In order to be eligible for temporary residence due to family roots, foreigners must prove:
i. Presence in Spain without being an applicant for international protection.
ii. Absence of criminal record, both in Spain and in those other countries where the foreigner has resided in the 5 years prior to the application for residence.
iii. That they are the parent or guardian of a minor child who is a national of another EU, EEA or Swiss country and who is in their care and with whom they live together. If not, that they are supporting a disabled person who is a national of any other EU, EEA or Swiss country provided that they are related to, dependent on and living with the disabled person.
Social and labor roots
The social and labor roots is intended for those foreigners who have a formal offer of employment in Spain, and has a duration of 1 year. In order to be eligible for temporary residence due to social and labor roots, foreigners must prove:
i. Presence in Spain without having the status of applicant for international protection, as well as their continuous stay in Spain for at least 2 years.
ii. Absence of criminal record, both in Spain and in those other countries in which the foreigner has resided in the 5 years prior to the application for residence.
iii. Provision of one or more employment contracts which, together, must guarantee the Minimum Interprofessional Wage (SMI) and a working day of at least 20 hours per week.
Socio-formative roots
The "arraigo socioformativo" is aimed at those foreigners who intend to study in Spain, and is intended to promote their labor integration in the country. It is important to know that those interested must submit their application within the 2 months prior to the official deadline for enrollment. As in the previous cases, it has a duration of 1 year. In order to be eligible for temporary residence due to socio-educational roots, foreigners must prove the following:
i. Presence in Spain without being an applicant for international protection, as well as continuous stay in Spain for a minimum of 2 years.
ii. Absence of criminal record, both in Spain and in other countries where the foreigner has resided in the 5 years prior to the application for residence.
iii. That they are enrolled in or taking any of the training courses referred to in articles 56.1 b) ("post-compulsory secondary education studies in an authorized educational center in Spain, within the framework of a full-time program, leading to the attainment of a recognized degree") or 52.1.e) 5th ("complete training in an authorized educational center in Spain, leading to the attainment of professional certificates of the offers of the grade C vocational training system, in its levels 2 and 3"). In the second case, level 1 is also included.
iv. A sufficient degree of integration into Spanish society. This will be accredited through a social integration report, in the same terms provided for the case of social roots.
Second chance roots
The second opportunity arraigo is the main novelty introduced by the new regulation regarding the figure of arraigo.
This seeks to be a tool that allows those people who have previously encountered difficulties in integrating and obtaining Spanish residency through other channels to find an alternative way to fulfill their objective. As in the previous cases, it has a duration of 1 year. In order to be eligible for the temporary residence for second opportunity, foreigners must prove:
i. Presence in Spain without having the status of applicant for international protection, as well as their continuous stay in Spain for at least 2 years.
ii. Absence of criminal record, both in Spain and in those other countries where the foreigner has resided in the 5 years prior to the application for residence.
iii. That, in the 2 years prior to the application, they have been holders of a residence permit in Spain that had been finally denied for reasons other than public order, security and public health. However, in the latter case, it will be possible to apply for residence through the second chance arraigo if there is a negative sentence, dismissal or acquittal of the sentence.
It is important to note that the new regulation seeks to simplify and clarify the regulation of visas, assigning to the consular offices the assessment of the general requirements for their issuance, while the specific requirements for each type of authorization will be assessed by the competent immigration office.
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