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Roots procedure in Spain : Social, Labor, Family, training.
Legal framework of the assumption of the roots procedure
Roots procedure in Spain — Foreign services Residency permit for employees or self-employed persons. The temporary residence permit for exceptional circumstances considers two cases: rootedness, on the one hand, and protection and security, on the other.
The legal framework is composed of:
- Regulation of Organic Law 4/2000, articles 62 to 66 and 123 to 130.
- Royal Decree Law 19/2012, on urgent measures for the liberalization of trade and certain services. (click to see)
- Law 39/2015 on Common Administrative Procedure of Public Administrations. (click to see)
- Hague Convention for the Apostille of Foreign Documents.
Article 31.3 of Organic Law 4/2000
On the Rights and Freedoms of Foreigners in Spain and their Social Integration, authorizes the granting of this type of authorization.
Regulation of Organic Law 4/2000
Articles 62 to 66 and 123 to 130.
Royal Decree Law 19/2012
On urgent measures for the liberalization of trade and certain services.
Law 39/2015
On Common Administrative Procedure of Public Administrations.
Hague Convention for the Apostille of Foreign Documents.
Types of Roots Procedures
The exceptional circumstances:
- Arraigo Social. It is granted to foreigners with 3 years of residence. Social integration must be accredited through a report issued by the Autonomous Community or the City Council, or have family ties with other foreign residents or Spaniards.
- It is granted to foreigners with a continuous stay of more than 2 years and a relevant labor relationship for at least 6 months.
- It requires demonstrating a very relevant family relationship, for example, being the parents of a child born in Spain or children of parents originally from Spain. In the case of a child, the foreigner must prove that he/she is in his/her care, lives with the child or fulfills his/her parental obligations.
General requirements for a root permit
There are requirements, depending on the type of rootedness requested. There are also particularities regarding rural work, among others.
However, all temporary residence permits for roots procedures have some common requirements. These are:
- Citizenship. Not be a citizen of a State of the European Union, the European Economic Area or Switzerland, or a family member of citizens of these countries to which the Union citizen regime applies.
- Criminal record. Must not have a criminal record in Spain or in their previous countries of residence for crimes considered as such in Spanish law.
- Entry to the country. Must not be banned from entering Spain nor to be refused entry into the territorial space of countries with which Spain has signed an agreement in this regard.
- Non-return commitment. Not being within the period of commitment not to return to Spain assumed when returning voluntarily to their country of origin.
- Permanence. To have stayed continuously in Spain for a minimum period of 3 years or absences of less than 120 days.
Procedure for the application for the temporary residence permit due to roots.
The procedure consists of applying to the Foreign Office of the province, accompanied by all the corresponding documentation and payment of the temporary residence fee for exceptional circumstances.
Required Documentation
The required documentation consists of:
- Application by means of an official form.
- Copy of passport, travel document or registration card valid for at least four months.
3. Documentation that accredits the continuous permanence in Spain for at least three years, for example, proof of registration, attention in the public health system, municipal, autonomic or state documentation.
4. Certificate of criminal record issued by the authorities of the country or countries in which he/she has resided during the last five years prior to entry into Spain.
5. Documentation that accredits family ties, for example, marriage or birth certificates, or social insertion report issued by the Autonomous Community or City Hall of the applicant's habitual residence.
6. Documentation that accredits that he/she has sufficient means of living, such as employment contract, training certificates, and in turn certification of solvency of the company, or demonstrate that he/she has sufficient means of living for his/her maintenance if he/she carries out a self-employed activity. - It should be taken into account that, in the case of documentation in another language, it must be translated into Spanish or the co-official language of the territory where the application is submitted.
In addition, it must be legalized by the Spanish consular office in the country of origin or have an apostille according to the Hague Convention of 1961.
Deadlines
The deadlines are as follows:
- Social insertion report. It is a requirement for social integration. It must be issued by the Administration within 30 days of the application.
Payment of the temporary residence fee for exceptional circumstances: must be paid within 10 working days. - Resolution of the application: 3 months from the day following the date on which it was received at the registry of the competent body for its processing. If no notification is received, it is understood that the application has been rejected.
- Validity of the permit: one year from the date of registration with Social Security by the contractor or from the date of notification if the contractor has its own means of subsistence.
Obligations of the foreigner
A foreigner who obtains a temporary residence permit on the basis of arraigo has the following obligations:
- Within 30 days of receiving notification of the granting of the residence authorization for exceptional circumstances, he/she must register with the Social Security.
- He/she must also apply in person for the Alien’s Identity Card, at the Alien’s Office or Police Station in the province where the authorization has been processed, paying the fee and accrediting the registration with the Social Security.
- At the end of the year of validity of the temporary residence authorization, he/she may apply for a residence authorization or a residence and work authorization.
