//Spain: Temporary residence authorization for exceptional circumstances. Social uprooting (Arraigo).

Spain: Temporary residence authorization for exceptional circumstances. Social uprooting (Arraigo).

Temporary residence authorization for exceptional circumstances. Social uprooting (Arraigo): It is a temporary residence authorization for exceptional circumstances that may be granted to foreign citizens who are in Spain and either have family ties in Spain or are socially integrated.

BASIC REGULATIONS
Organic Law 4/2000, of January 11, on the Rights and Freedoms of Foreigners in Spain and their Social Integration (art. 31.3)
Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011, of April 20 (articles 62 to 66 and 123 to 130).
Royal Decree Law 19/2012, of May 25, on urgent measures to liberalize trade and certain services.
Law 30/1992, of November 26, on the Legal Regime of Public Administrations and the Common Administrative Procedure.

REQUIREMENTS
Not to be a citizen of a State of the European Union, of the European Economic Area or of Switzerland, or relative of citizens of these countries to which the regime of citizen of the Union applies.
Lack of criminal records in Spain and in their previous countries of residence for crimes existing in the Spanish law.
Not be prohibited from entering Spain and not appear as rejectable in the territorial space of countries with which Spain has signed an agreement in this regard.
Not being, where appropriate, within the commitment period of no return to Spain that the foreigner has assumed by voluntarily returning to their country of origin.
To have remained continuously in Spain for a minimum period of three years. For this requirement to be fulfilled, the absences of Spain during this period cannot exceed 120 days.
Have family ties (spouse or registered partner, ascendants or descendants in the first degree and direct line) with other resident foreigners or with Spaniards, or submit a report proving their social integration issued by the Autonomous Community (or the City Council if the Autonomous Community has authorized it), in whose territory it has its usual domicile.
If 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.

Have a work contract signed by the worker and employer, for a period not less than one year. The company or the employer must be registered in the Social Security, as well as be aware of the fulfillment of their tax obligations and with the Social Security.
The company must also guarantee continued activity, have economic, material or personal means to deal with its business project and the obligations arising from the contract. If you are a natural person, you must prove, once the payment of the agreed salary has been deducted, 100% of the IPREM if there are no dependents.

If the family unit includes two members, 200%. If the family unit includes more than two people, 50% of the IPREM must be added to the previous amount for each additional member.

In the agricultural sector, two contracts with different and concatenated employers may be presented, each with a minimum duration of six months.

The presentation of several contracts in the same occupation is also admitted, working simultaneously for more than one employer, all of a minimum duration of one year and whose sum must represent a weekly workday of not less than 30 hours in global calculation.

The presentation of the contract may be exempted in the event that it is proven that there is sufficient economic means or that they derive from an activity on their own, and provided that the report of social integration issued by the Autonomous Community is recommended.

REQUIRED DOCUMENTATION
Note: in general, copies of the documents must be provided and the originals must be displayed at the time the application is submitted.

Application form in official form (EX – 10) in duplicate, duly completed and signed by the foreigner. This form can be obtained at http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/index.html
Full copy of passport, travel title or registration card valid for a minimum of four months.
Documentation accrediting the continued stay in Spain for a minimum period of three years. The documentation provided must contain the identification data of the applicant, preferably it must have been issued and / or registered by a Spanish Public Administration. By way of example, documents related to the registration, hospitalization, medical consultation in public health, as well as any municipal, regional or state documentation that justifies the presence in Spain will be taken into consideration.
Criminal record certificate issued by the Authorities of the country or countries in which you have resided during the last five years prior to entering Spain.
Documentation accrediting the required family ties (marriage certificate or registration of couples, birth certificate or other documents), or, social insertion report issued by the Autonomous Community of the applicant’s habitual domicile.
Documentation of livelihoods:
Work contract with the required characteristics, signed by the employer and worker. The following documents must also be accompanied:
Copy of the N.I.F. and, where appropriate, of the deeds of the company.
Copy of the training and, where appropriate, the professional qualification legally required for the exercise of the profession.
Proof that the company guarantees the necessary solvency, through: the declaration of personal income tax, or VAT, or the Corporate Tax or the report of the company’s working life (VILE). Likewise, a descriptive report of the occupation to be carried out must be provided.
If the contract is not presented, livelihoods may be accredited if the municipal report on the social integration of the foreigner so indicates and recommends exempting the applicant from said requirement. In this case, it is necessary to provide:
Documentation proving that you have sufficient livelihoods for your support.
In cases that are intended to carry out an activity on their own, the following documents must be submitted:
In retail business activities and provision of the services listed in the Annex of Royal Decree Law 19/2012, which are carried out in permanent establishments, whose useful area is equal to or less than 300 square meters, responsible declaration or prior communication (in the terms of Article 71.bis of Law 30/1992) and, where appropriate, proof of payment of the corresponding tax.
In the rest of activities and provision of professional services, list of authorizations or licenses required for the installation, opening or operation of the projected activity or for the professional exercise, indicating the situation in which the procedures for its achievement, including, where appropriate, the application certifications before the corresponding bodies.

Copy of the documentation proving that you have the training and, where appropriate, the professional qualification legally required for the exercise of the profession.
Proof that there is sufficient economic investment, or commitment of support from financial institutions or others.
Project of establishment or activity to be carried out, with indication of the planned investment, its expected profitability and, where appropriate, jobs whose creation is foreseen.
By way of example and regardless of its justification by other means admissible by law, sections b), c) and d) can be accredited by the valuation report issued by one of the following organizations:

National Federation of Business Associations and Autonomous Workers (ATA)
Union of Professionals and Autonomous Workers (UPTA)
Intersectoral Confederation of Autonomous of the Spanish State (CIAE)
Organization of Professionals and Autonomous (OPA)
Union of Associations of Autonomous Workers and Entrepreneurs (UATAE)

Important note: when documents from other countries are provided, they must be translated into Spanish or co-official language of the territory where the application is submitted.

On the other hand, any foreign public document must be previously legalized by the Consular Office of Spain with jurisdiction in the country in which said document has been issued or, where appropriate, by the Ministry of Foreign Affairs and Cooperation except in the case in which said document has been apostilled by the competent Authority of the issuing country under the Hague Convention of October 5, 1961 and unless said document is exempt from legalization under the International Convention.

For more information on the translation and legalization of documents you can consult the fact sheet

PROCESS
Subject legitimized to submit the application: the foreigner personally, or his legal representative in the event of being minor or incapable.
Place of presentation: Immigration Office of the province in which the foreigner has his domicile. The address information, telephone numbers and customer service hours can be found at http://www.seap.minhap.gob.es/web/servicios/extranjeria/extranjeria_ddgg.html
Temporary residence fee for exceptional circumstances: it will accrue at the time of admission to the application process, and must be paid within ten business days, it is:
Model 790 code 052, section 2.5 “authorization of temporary residence due to exceptional circumstances”: to be paid abroad
The payment form can be downloaded from the Internet portal of the Secretary of State for Public Administration

Deadline for resolution of the application: 3 months from the day following the date on which it had entered the registry of the competent body for processing. After this period has elapsed without the Administration having made the notification, it may be understood that the request has been dismissed due to administrative silence. (When it has not been possible to notify the resolution, it will be announced in the Single Edictal Board (TEU) https://boe.es/tablon_edictal_unico. If an electronic or regulatory notification had been chosen, it would be obliged to use that means, the resolution will be notified by publication in the electronic headquarters If the resolution is not accessed within 10 business days of its publication, it will be notified).
The granting of the residence permit carries with it a work authorization for someone else’s own or employed in Spain during its validity, if the accredited livelihoods derive from an activity as an employed or self-employed person.
Within one month of notification of the granting of the residence permit due to exceptional circumstances, the affiliation and / or registration of Social Security by the same company that appears in the contract that works in The file. Once the condition is fulfilled, the authorization will begin its period of validity.
In the event that the economic means do not derive from activity as an employed or self-employed person, the validity of the authorization will start from the notification of the authorization grant.
Within one month of notification of the granting of the residence permit due to exceptional circumstances, the foreigner must personally request the Foreigner Identity Card, at the Aliens Office or Police Station of the province where the authorization. To see where to go, the schedule and if you have to make an appointment you can consult http://www.seap.minhap.gob.es/web/servicios/extranjeria/extranjeria_ddgg.html
The applicant will show his passport or travel document or registration card at the time of the fingerprint process to prove his identity and will provide:
Foreigner identity card application, in official form (EX – 17) available at http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/
Proof of payment of the card fee
Proof of registration in Social Security.
Three recent color photographs, in white background, passport size.
The authorization granted will be valid for one year and at the end of the term a residence permit or a residence and work authorization may be requested.

*The content of this page is merely indicative. Only the provisions of the regulations in force at the time the application is submitted is applicable.

Last update: 01/2016

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