Getting residency permit in Spain is never easy – and seemingly never ending. You’ve been here for at least 3 years (either on a Student Visa or “Irregularly”) and managed to get your Arraigo Social por Cuenta Ajena initial permit.
You’ve started your official life as a contracted worker in Spain paying your part to Seguridad Social and showing off your new NIE to everyone you can. Then all of a sudden another year has almost passed and you’re reminded that you have to do more tramites in order to renew again.
You’re nervous and a bit stressed by it all, especially since the initial process was so daunting but take it from those of us who have been through it – take a deep breath and know that the renewal process for Arraigo Social Cuenta Ajena is nothing compared to the initial process found in our previous article here on SpainGuru.
When it comes to receiving and renewing your residency through Arraigo Social it should be noted that they’re technically considered in Spanish “autorización de residencia temporal y trabajo por cuenta ajena” meaning they’re temporary which essentially means that renewals are inevitable.
The renewal process goes in this order:
- After your first year – you’ll need to renew (considered your 1st renewal).
- 2 years after your 1st renewal – you’ll need to renew again (considered your 2nd renewal).
- 2 years after your 2nd renewal – you’ll need to renew again (since you’ve been on a temporary residency permit for 5 years you can now apply for a Larga Duración 5 year residency permit in Spain – we will call this here your 1st Larga Duración renewal)
I know you might be thinking “How will I know when I am supposed to renew or not?¨ Luckily, the Extranjería office will usually mail you a letter to your home a month before your expiration date (the “Valid Until” date on your NIE card) as a kind reminder.
If you went through your initial or any renewal Arraigo processes through a lawyer, they might send this letter to your lawyer’s office if on your EX-03 form you stated that notifications should be sent to a specific address – it’s always important to make sure your mailing address is up-to-date with Extranjería.
You have 60 days before your NIE expires to apply and another 90 days after it has expired to turn in your renovation documents as well, so they’re quite generous with regards to the timeline for presenting your renovation forms.
Renewal requirements: Do you make the cut?
- You cannot be a citizen of the EU.
- You cannot have a criminal record in Spain.
- You cannot be on the “No Entry to Spain” list.
- If you have children/minors – you’ll need to show accreditation of their schooling.
- You’ll need to pay any and all fees with regards to the renewal process.
You’ll need to prove one of these situations regarding your employment status at the time of renewal:
- That you’ve continued to be contracted with the initial employer whose contract provided you your initial Arraigo Social authorization.
If you’ve only worked for at least 6 months out of the year:
- That at the time you’re applying for renewal that you have a new contract and are either already “de alta” or that you’ll be “de alta” at the time that your renewal is approved.
If you’ve only worked for at least 3 months out of the year:
- That the initial job contract you had was interrupted due to causes beyond the worker’s control.
- That you’re actively looking for employment via the Servicio Público de Empleo
- That you have a valid and current job contract.
- That you’re currently on Unemployment (Paro) and have been granted unemployment payments.
- That you’re currently receiving any public assistance payments that are meant for either your social or labor insertion.
- That your work contract has been terminated or suspended as a result of the worker being a victim of gender-based violence.
You’ve been working and “de alta” in Seguridad Social for a period of 9 months out of a period of 12 months, or 18 months out of a period of 24 months – provided that:
- The last work contract was interrupted due to causes beyond the worker’s control.
- That you’ve been actively looking for employment.
- That the spouse or domestic partner (pareja de hecho) of the worker has sufficient economic funds to provide regrouping for the worker.
- If the family unit includes two members, the minimum amount that must be accredited is that representing 150% of the IPREM monthly. For each additional member, 50% of the IPREM must be added.
(IPREM means the Spanish minimum wage – Indicador Público de Renta de Efectos Múltiples – click here for the IPREM totals)
After reading all of these requirements I’m sure you’re still possibly thinking – “But what if I’m currently unemployed at the time that I renew? What if I changed employers from the initial contract?¨
My experience
From my own personal experience, I’ve been in both situations and I was renewed each time. If you’re unemployed, make sure you’re signed up at your local Oficina de Empleo – SEPE Servicio Público de Empleo Estatal also sometimes known as INEM by Spaniards (the former unemployment agency’s name prior to 2009) because they can put you inside their database allowing you to access job offers sent to the state.
Think of it as a public version of InfoJobs or Indeed – it also puts you on a sort of waiting list and is an official form of proving that you’ve been or currently are actively looking for work. If you’ve been working for at least a year you can also ask for the famous “Paro” payments or Unemployment payments from the state as well.
My own personal story regarding my Arraigo Social renewal processes included me changing jobs only 2 months after getting my initial Arraigo Social permit (I actually had 4 employers over the course of one year – 2 of them were with 2 different language academies I was contracted with at the same time) and I had no issue with my renewal nor my tax filing for that year.
I had also been unemployed after already submitting my 1st renewal documents but I was renewed without a problem. And I was unemployed for a period during my 1st and 2nd renewals. In general, if you can prove that you’ve been working or are actively looking for work then you should be fine.
If you need a trusted Spanish immigration lawyer
If you have any concerns or fears regarding your renewal process and feel that you may not be authorized a renewal, then I would recommend speaking with a lawyer (feel free to look into the SpainGuru approved lawyers from Sterna Abogados)
So now you know when you’ll need to renew and how often, what are the requirements to renew/what you’ll need to prove and now comes the fun part – what actual forms and documents you’ll need to submit when you renew.
Make sure to grab an appointment with Extranjería first (or even stop by their office one day and speak with someone at reception to make sure you will need one or not to submit your renewal documents) –https://sede.administracionespublicas.gob.es/pagina/index/directorio/icpplus
Documentation for a residency permit in Spain
- EX-03 Form filled out and signed by the worker – look here for a copy if you don’t have one.
- A copy of a valid passport
- If you have children/minors – you’ll need to show accreditation of their schooling.
- If you continued working under the same contract that gave you your initial Arraigo Social authorization then you don’t need to submit any extra documentation as it will state who your employer is on the EX-03 form.
- If you’ve worked at least 6 months per year and have a new job contract then you’ll need to submit a copy of the new job contract.
- If you’ve worked at least 3 months per year then you’ll need to:
- Provide proof that the initial job contract you had was interrupted due to causes beyond the worker’s control (typically when you’re let go from a company you receive a letter stating as to why you were let go from the company).
- Provide proof that you’re actively looking for work (please see my comments above regarding the SEPE Oficina de Empleo)
- If you’re currently receiving Unemployment (Paro) payments then you’ll need to provide copies of the forms you filled out when you signed up for unemployment payments.
- If you’re currently receiving any public assistance payments that are meant for either your social or labor insertion then you’ll need to provide copies of the forms you filled out when applying for those specific public assistance payments.
- If your work contract has been terminated or suspended as a result of the worker being a victim of gender-based violence then you’ll need to show proof that you’re both a victim of gender-based violence as well as the fact that your contract was terminated/suspended due to this issue.
- If you’ve been working and are “de alta” in Seguridad Social for a period of 9 months out of a period of 12 months, or 18 months out of a period of 24 months – then you’ll need to:
- Provide proof that the initial job contract you had was interrupted due to causes beyond the worker’s control (typically when you’re let go from a company you receive a letter stating as to why you were let go from the company).
- Provide proof that you’re actively looking for work (please see my comments above regarding the SEPE Oficina de Empleo)
Keep in mind!
If the spouse or domestic partner (pareja de hecho) of the worker has sufficient economic funds to provide regrouping for the worker then you’ll need to provide proof of the relationship as well as proof of their funds (ex: the partner’s work contract and possibly savings account information).
Some people obtain an Official Integration Form “Informe de esfuerzo de integración” – I didn’t get one but if you feel you might need it then feel free to obtain one from your Comunidad Autónoma (Link to Madrid’s one).
I’ve always gotten a copy of my Informe Vida Laboral from the Seguridad Social office as well to show proof of any changes to my contracts over the course of my residency. It’s a free form that you can locate here on the Seguridad Social site.
Oh, and just one more thing… Make sure to pay and submit these tasas as well!
- Modelo 790 código 052, epígrafe 2.2 renovación de autorización de residencia temporal – This is the fee that the worker should pay to get a residency permit in Spain.
- Modelo 790 código 062, epígrafe 2.1 renovación o modificación de una autorización de trabajo tramitada en un procedimiento de autorización de residencia temporal y trabajo – This is the fee that should be paid by the employer. What I’ve done in the past is I’ve spoken with Human Resources and explained to them that I’ll be paying this fee myself but that I need them to fill out the form and have it formerly signed by the employer in order to submit it. I’ve never had an issue with this as a) it doesn’t cost them anything in the end and b) it is one form they have to fill out and sign.
You now have all of the information you’ll need regarding submitting for renewal of your Arraigo Social por Cuenta Ajena work permit!
Get ready to submit, wait patiently… again
(One year I waited 2 weeks before getting approved and another year I got approved in 2 months.) Either way, you’re still legal and able to work even while “en tramite.”
Get ready to go through the process of getting a new NIE card after each renewal is approved and feel free to share each new NIE just as much and as proudly as you did with your initial one. Time will fly and before you know it you’ll have your very own permanent residency permit in Spain, and constantly renewing will be a thing of the past!
Best of luck!
Remember, you can find all relevant information in Spanish located here: Renovación de la autorización de residencia temporal y trabajo por cuenta ajena Extranjeria Online
By Stacey Taylor, co-founder of SpainGuru
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