The new Royal Decree 1155/2024, of November 19, 2004, and the newand the SEM Instruction 1/2025 have introduced a long awaited figure: the second-chance roots.
However, after analyzing its wording and the limitations it establishes, it is important to clarify who it can really benefit... and who it cannot.
📘 What is Second Chance Arraigo?
The second-chance rootsregulated in article 127.a) of the new Alien Regulation, allows to apply for a temporary residence authorization for exceptional temporary residence authorization for exceptional circumstances to those foreigners to those foreigners who have lost their legal lost their legal residence in Spain and were unable to renew or extend it.
The intention of the legislator was to offer a way to "recover" the legal residence in Spain, in cases where, for different reasons, the renewal was not presented on time, the renewal was not presented on time o was denied for not complying with a specific requirement..
⚖️ In accordance with the Second SEM Instruction 1/2025the most important requirements are the following:
- The previous residence cannot have been granted due to exceptional circumstances.
This means that those who had social, family, labor or training roots cannot have access to the second chance residency.This means that those who have social, family, labor or training roots are not eligible for second chance residence. - The lost authorization must be eligible for renewal or extension.
This rootedness may only be applied when the previous residency was renewableand the person has not been able to do so because he/she has missed the deadline or due to a for lack of requirements, and the person has. - The application will not be accepted if the renewal or extension would not have taken place for reasons of public order, security and public healthexcept in the case of dismissal or acquittal.
💬 So, for whom can it be useful?
In practice, the second chance roots can benefit those who let their who let their card expire or error, or those who have had their card who have had their card denied.
That is to say, people who have had a renewable residencybut failed to renew it.
🧾 General requirements for Second Chance Arraigo
- Not be a citizen of a State of the European Union, the European Economic Area or Switzerland, or a family member of a citizen of one of these countries to which the Community regime applies.
- To be in Spainwithout being an applicant for international protection at the time of the application or during its processing.
- Proof of continuous residence in Spain for at least two years prior to submitting the application. to the presentation of the application.
Note: If the person was an asylum seeker, will not be counted the time the time in which the application was being processed until its final resolution will not be counted. - Not represent a threat to public order to public order, safety or public health.
- Not having a criminal record in Spain and in the countries where he/she has resided during the last five years, for crimes typified in the Spanish legal system.
- Not to appear as rejectable in the territorial space of countries with which Spain has agreements in this sense.
- Not to be within a commitment of non-return to Spain, if he/she had previously assumed it. to Spain, if it has been previously assumed.
Pay the administrative fee corresponding to the procedure.
🕐 Duration of authorization and possibility of modification.
The second-chance residence permit will have a period of one year. will have a validity of one year.
At the end of this period, the foreign person may modify the may modify the authorization to an initial initial residence and work authorization in accordance with Article 191 of the Aliens Regulation.
At Molinares Abogados we help you to analyze your case.
Each situation is different and the nuances of the new regulation can make the difference between an approved or denied application.
At Molinares Abogados we analyze your residency history and advise you on whether you can take advantage of the second chance arraigo or if there is another more viable way to recover your legal status in Spain.
📅 Schedule your appointment with our team specialized in immigration and residency.
We will accompany you throughout the process, from the review of your file to the submission of your application to the Immigration Office.
