Settlement in Spain is a continuous stay in the country, the establishment of ties (family, professional, social) with the local population, and appropriate adaptation (knowledge of the language, culture, customs). On this basis, a foreigner can apply for a temporary residence permit in the country. A temporary residence permit is issued to people who have been in Spain for 2-3 years (the duration depends on the situation) or who have family ties with the local population.
The document is issued according to the Law “On the Rights and Freedoms of Foreigners in Spain and their Social Integration” and Royal Decree 557/2011. A residence permit may be obtained by applicants who are in the country illegally. For example, a temporary settlement residence permit (arraigo social) may be granted to migrants who have been issued with a visa-free regime or a tourist entry permit and who have not left the country after the 90 days required by law, subject to certain conditions.
Types of settlement in Spain
It is possible for illegal immigrants to obtain a residence permit in Spain under the following exceptional circumstances:
- Work activity. A temporary residence permit based on social settlement is granted to foreigners who have been in the country for 24 months or more and have had a business relationship with local employers for at least six months.
- Social settlement. A residence permit based on social settlement is granted to applicants who are related to Spanish residents or who are sufficiently integrated into local society.
- Family roots. Immigrants who are parents of local minors or dependents, or whose father or mother previously held a Spanish passport, may apply for temporary residence.
- Planned studies. The temporary residence permit based on social settlement in Spain is granted to foreigners who have been living in the country for at least two years and are pursuing a course of study in the field specified in the application.
Work remotely?
A digital nomad visa allows you to live legally in Spain without employment.
Types of arraigo in Spain
The following categories of persons are eligible to apply for a temporary residence permit based on settlement (arraigo social):
- Employed foreigners. To qualify for legal residency in the Kingdom of Spain, the applicant must have worked at least 30 hours per week for 6 months or 15 hours per week in the last year. Before applying for a residence permit, self-employed persons must prove that they have been working regularly for at least six consecutive months. Foreigners who have not left Spain for more than three months cumulatively in the last 2 years may apply for the permit.
- Relatives of local residents. Spouses, ascendants and descendants of first and direct relatives of persons legally residing in the country may apply for a Spanish residence permit. The applicant must have an established employment relationship with a local employer and be paid at least the minimum wage, or have a stable source of income. Before applying for residency, a foreigner must have lived in Spain for three years without leaving the country for more than 120 days in total.
- Socially integrated immigrants. A temporary residence permit may be granted to foreigners who have been in Spain for more than 36 months, who speak the national language at a conversational level and who have close ties with the local community. The applicant’s integration is confirmed by an integration report drawn up by the Autonomous Community or City Council after an interview with the immigrant. The applicant for temporary residence based on social settlement must present an employment contract for a period of 1 year or more (or two contracts of 6 months each in the agricultural sector) or prove financial independence.
- Family members of Spanish citizens. Exceptionally, a residence permit is granted to persons whose parents (at least one of them) were previously Spanish nationals. The document is also granted to the father, mother or authorized guardian of a minor or disabled resident who is in need of care. A spouse or close relative of a Spaniard who is under 21 or over 65 years of age may obtain temporary resident status. There are no requirements for prior residence in Spain and no income requirements for the immigrant in the case.
- Foreigners planning to get specific education. An irregular migrant may obtain a residence card if he/she undertakes to receive continuous training in a field necessary to improve his/her skills or to acquire a profession recommended by the Spanish Public Employment Service. A residence card is available to foreigners who have not left Spain for more than a total of 3 months in the last 2 years.
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Requirements for arraigo application in Spain
In order to apply for a temporary residence permit based on settlement in Spain, the foreigner must:
- Not be a citizen of an EU country, Iceland, Norway, Liechtenstein or Switzerland;
- Not have close family ties with a citizen of one of the above-mentioned countries;
- Not have a criminal record in Spain or any other country where the applicant has lived in the five years prior to crossing the border of the Kingdom;
- Reside in the territory of the Kingdom for the minimum period established by law (from 24 to 36 months);
- Not be prohibited from visiting Spain and other EU and Schengen countries;
- Meet the requirements for the issuance of a residence permit according to the grounds (for example, the presence of a spouse with a local residence permit or the execution of an employment contract as listed above).
Step-by-step guide: how to apply for arraigo social in Spain
- Entering Spain.
A foreigner can cross the Spanish border with a tourist, Schengen or national visa, or without a separate permit in the presence of a biometric passport (relevant for Ukrainians). - Residence for a fixed period.
During the stay in Spain, the immigrant must abide by local laws, have no conflicts with the authorities and acquire a permanent source of income. - Submitting the documents for the residence permit.
If the stay in Spain meets the requirements for temporary residence, the applicant collects a complete dossier according to the basis and submits it to the Immigration Department of the place of residence. It is also possible to send the application electronically through the headquarters of the Ministry of Territorial Policy. - Approval of the application and issue of the temporary residence card.
If the residency application is approved, the applicant must go to the Immigration Office or the local police station to obtain a residency card. To apply for a plastic card, the immigrant presents a valid passport (or similar document) and a recent passport-sized color photograph (one to three), pays the state fee, fills out an application for a Foreigner Identification Card (Form EX-17), and provides biometric data. - Obtaining a residence permit.
In addition to the plastic card of the temporary residence permit in Spain, the applicant may be issued a digital certificate FNMT (Fabrica Nacional de Moneda y Timbre). This electronic document contains information about the foreigner’s migration status and personal data, which allows identification and the exchange of information on the Internet (e.g., Spanish government resources).
Apply for a Spanish residence permit and unlock new opportunities
- Experience life in a developed country
- Secure a residence permit for all family members
- Explore prospects for permanent residency and citizenship
- Travel visa-free throughout Europe
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Documents needed for arraigo residence permit in Spain
The basic dossier for obtaining the Spanish residence permit based on settlement is as follows:
- Completed application form EX-10 in Spanish, which can be found on the website of the Ministry of Migration (in 2 copies, with the immigrant’s personal signature);
- Photocopies of all pages of the passport or its equivalent, valid for at least 4 months from the date of submission of the dossier;
- A receipt for the payment of the national tax;
- A certificate of no criminal record from Spain and any country where the applicant has resided for 5 years prior to entering the territory of the Kingdom;
- Proof of intended further residence in the State (e.g., certificate of a place of residence, rental contract, municipal certificates);
- Income certificate or its equivalent, employment contract with at least the minimum wage, information on independence or self-employment, or a certificate of residence in the Kingdom. certificate of income or its equivalent, employment contract with at least the minimum wage, information on financial independence or self-employment (except for the family residence permit);
- Proof of residence in Spain for the period required by law;
- Documents according to the basis for obtaining the residence permit (employment contract; marriage certificate; certificate of guardianship of a Spaniard; certificate of origin, etc.);
- For prospective students, a completed declaration of responsibility based on studies.
All documents of foreign origin must be translated into Spanish (or the local dialect according to the region of residence, e.g. Catalan) by a sworn, licensed translator and must be apostilled by a consulate, diplomatic mission or competent authority of the issuing country in accordance with the Hague Convention.
How long it takes and how much it costs to get arraigo in Spain
The application for temporary settlement residence status in Spain will be processed within 90 days from the date of registration of the application with the competent authority. The authorized persons will notify the applicant of the decision in writing or electronically, or on the Tablon Edictal Unico (TEU) if the foreigner cannot be contacted. The state fee for a Spanish residence permit is 38.28 EUR. A foreigner must pay 17.49 EUR for a plastic card of the Spanish residence permit. The payment of public services can be done electronically.
Costing
Specialists will calculate the cost of moving to Spain as a family
What you can do with a Spanish residence permit (Arraigo)
With a temporary residence permit in Spain, a foreigner can:
- Travel throughout the EU and the Schengen area without having to obtain an entry permit;
- Reside legally in the Kingdom for the period specified in the document;
- Be officially employed (with the exception of the residence permit for financially independent or self-employed persons);
- Receive services in banking institutions under the same conditions as locals (loans, mortgages, deposits);
- Request family reunification and legal residency in Spain for their spouse and minor children;
- Receive a full social package and insurance;
- Be treated in public hospitals (on the basis of medical insurance);
- Carry out in commercial activities;
- Qualify for grants and scholarships in educational institutions;
- In the long term – obtain a permanent residence permit and a Spanish passport.
How to renew your Arraigo Residence and apply for Spanish Citizenship
A settlement residence permit is issued for a period of one to five years, depending on the type of document. If the reasons for staying in the Kingdom are still valid, a foreigner can renew the residence permit by applying to the Immigration Department. After 5 years of residence in Spain with a residence permit, a foreigner has the right to obtain permanent residence. After a total of 10 years of legal residence on Spanish territory, the foreigner has the right to apply for citizenship through the general naturalization process.
In order to obtain a Spanish passport, the applicant must prove the completion of the integration process in the country (knowledge of the country’s culture and customs, constitution) by passing the CCSE written test and having a DELE language certificate with a speaking level of no less than A2. The application for nationality is made at the civil registry office in the place of registration (prior appointment required) or online at the website of the Ministry of Justice. You should consider consulting a lawyer on how to prepare a package of documents and how to go through the immigration process.
