Everything you need to know about exceptional circumstances residences
The Royal Decree 1155/2024which entered into force recently, has introduced important novelties in the field of foreigners, especially with regard to residence authorizations for exceptional circumstances. residence permits for exceptional circumstances..
Among them, the following stand out residence authorizations for reasons of roots, which are now more precisely regulated, adapting them to the different social, labor and family realities of foreigners residing in Spain.These are now regulated with greater precision, adapting them to the different social, labor and family realities of foreigners residing in Spain.
From Molinares Abogadosspecialized in Immigration and Foreigners Law, we explain you in a clear way the new types of the new types of roots contemplated in the regulation and the general requirements that must be fulfilled to access these authorizations.
âïž What is Arraigo?
The arraigo is a temporary residence authorization for exceptional circumstances that may be granted to foreigners who are already in Spain and who maintain economic, social, labor, family or educational ties with the country.
Article 124 of Royal Decree 1155/2024 establishes that these authorizations may be granted in exceptional circumstances in view of the exceptional circumstances circumstances that may arise in each case.
đïž Types of Arraigo according to Royal Decree 1155/2024
Article 125 of the regulations sets out five main types of residency for reasons of rootedness:
1ïžâŁ Second Chance Rooting
Aimed at persons who have had a previous residence permit (not for exceptional circumstances) during the two years prior to the during the two years prior to the application and whose renewal has not been whose renewal has not taken place for reasons unrelated to public order or security.
It allows them to regularize their situation again in order to resume residence in Spain.
2ïžâŁ Social and labor roots
For persons who can prove employment ties through one or through one or more employment contracts that guarantee at least the minimum interprofessional wage or the wage stipulated in the applicable agreement.
It is allowed to combine several contracts, even with different employers, as long as they represent a minimum working week of 20 hours.
3ïžâŁ Social roots
Designed for those who maintain family ties with legal residents in Spain (spouse, registered partner or first-degree relatives) and who have sufficient economic sufficient economic means for their maintenance.
In the case of not having direct relatives in Spain, the integration effort may be evaluated. integration effortby means of a favorable report of social integration issued by the corresponding Autonomous Community.
4ïžâŁ Socio-formative rooting
This modality makes it possible to regularize the situation of persons who are enrolled or who enrolled in or committed to a vocational or educational training program officially recognized in Spain. officially recognized in Spain.
The applicant must provide proof of enrollment or commitment to complete the training within the established deadlines.
Also required is a a favorable social integration report is also required..
đ This type of rooting has become an important pathway for people who wish to train and subsequently access the Spanish labor market.
5ïžâŁ Family roots
It is granted for a period of five years (unlike the others, which are for one year) and is intended for:
- Fathers or mothers of minors who are citizens of the European Union, EEA or Switzerland, provided that they live with them or are up to date with their parental obligations.
Persons who support family members with disabilities who are EU, EEA or Swiss nationals and live with them.
đ General requirements for all types of rootage
In addition to the specific requirements of each modality, Article 126 of RD 1155/2024 requires:
- Continuous stay in Spain for at least two years at least two years (except in the case of family roots).
- Not to be an applicant for international protection in process.
- Not having a criminal record in Spain or in the countries where he/she has resided in the last five years.
- Not represent a threat to public order or security.
To have paid the corresponding fee.
âł Duration of authorizations
- In general: 1 year of temporary residence.
In the case of family roots, the authorization has a duration of 5 years.
đ€ In Molinares Abogados we help you
At Molinares Abogados we have extensive experience in processes of settlement, regularization and residence due to exceptional circumstances..
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Our team analyzes your particular situation and advises you about the type of legal status that best suits your case.We will manage the whole process before the corresponding Immigration Office.
đ Contact us and schedule an appointment with our expert lawyers.
We will help you prepare your file, avoid mistakes and increase your chances of obtaining a favorable resolution.
