One of the cases of temporary residence included in the Immigration Regulations is that of temporary residence authorization due to exceptional circumstances of integration. But… how many types of Arraigo in Spain / Social Integration permits are there?
Next, we will explain each of these assumptions with their main characteristics and differences!
Arraigo Familiar (Family Integration)
The first authorization that we can list is the Arraigo Familiar. This is a temporary residence authorization for exceptional circumstances that may be granted to foreign citizens who are in Spain and:
- Either they are the father or mother of a minor of Spanish nationality with whom they live or if there is no coexistence with said minor, they are up to date with their parent-child obligations. Likewise, this type of permit may also be processed for people who provide support to the person with a disability of Spanish nationality for the exercise of their legal capacity, provided that the applicant who provides said payo is in charge of the person with a disability and lives with her.
- In the case of the accredited spouse or common-law partner of a citizen of Spanish nationality. Also in the case of ascendants over 65 years of age, or dependents under 65 years of age, descendants under 21 years of age, or dependents over 21 years of age, of a citizen of Spanish nationality, or of their spouse or common-law partner. An authorization will be granted for five years that enables you to work as an employee and self-employed.
- In the case of children of a father or mother who were originally Spanish.
Therefore, this type of authorization is limited to those who are in either of the two cases mentioned.
Arraigo Laboral (Labor Integration)
In this case, the Labor Integration is a temporary residence permit for exceptional circumstances that may be granted to foreign citizens who are in Spain (continued stay for a minimum period of two years) and have had employment relationships for a minimum of six months.
In addition, you must prove that you have no criminal record in your country of origin or in the country in which you have resided for the last five years.
As we say, the fundamental pillar to be able to process and obtain this Employment Settlement is to have had labor relations lasting at least 6 months. For the purposes of proving the employment relationship and its duration, the interested party must present any means of proof that proves the existence of a previous employment relationship carried out in a legal situation of stay or residence. For these purposes, the performance, in the last 2 years, of a work activity that supposes, in the case of activity for others, at least a 30-hour weekday in the period of 6 months or 15 hours a week in a period of 12 months, and in the case of self-employment, a continuous activity of at least six months.
It is very important that in order to process and obtain this permit, it is necessary and mandatory for the person to be in Spain irregularly. Therefore, those people who today have, for example, the Application for International Protection in process, will not be able to access this authorization.
One of the most important changes that have been introduced with the reform of the immigration regulation in relation to the Labor Arraigo is that all people who have worked on their own account have been incorporated, something that in the previous arraigo was outside said permit.
Arraigo Social (Social Integration)
Another of the best-known Arraigos (Integrations) in Spain is the Social Integration or Arraigo Social. You already know that it is a permit that is granted to those people who are in Spain (a minimum of three years continuously) and have a job offer, have their own financial means or those of a family member or are going to carry out an activity for their own account.
As you can see we have several options:
- They have their own financial means or those of a family member
- Go start your own company
- Or if you have a job offer that guarantees at least the minimum interprofessional salary or the salary established, where appropriate, in the applicable collective agreement, at the time of the request, and whose sum must represent a weekly working day of not less than thirty hours in the global calculation and guarantee at least the minimum interprofessional wage. The contract may have a duration of at least 20 hours in cases where it is proven that minors or people who require support measures to exercise their legal capacity are in charge. More than one employment contract may be submitted in the following cases:
- In the case of the agricultural sector, it will be possible to present two or more contracts, with different employers and concatenated, each one of them.
- In the case of development of activities in the same or different occupation, working partially and simultaneously for more than one employer, the presentation of several contracts will be accepted.
Related Blog posts:
- Residency Type: Getting a “Arraigo Social por Cuenta Ajena” Spanish work permit (November 2022)
- Renewing Your Arraigo Social Cuenta Ajena Residency Permit in Spain
Arraigo para la Formación (Training Integration)
The last Arraigo (Integration) that we currently have in the immigration regulations is the Arraigo para la Formación (Training Integration). This type of Arraigo has been introduced in the reform of said regulation and that has entered into force on August 16, 2022.
Foreigners who prove continuous stay in Spain for a minimum period of two years may obtain a residence permit, for a period of twelve months. In addition, they must cumulatively meet the following requirements:
a) Lack of a criminal record in Spain and in your country of origin or in the country or countries in which you have resided during the last five years.
b) Commit to undergo regulated training for employment or to obtain a certificate of professionalism, or training leading to obtaining the certification of technical aptitude or professional qualification necessary for the exercise of a specific occupation or one promoted by the Public Services of Employment and oriented to the performance of occupations included in the Catalog referred to in article 65.1, or, in the field of permanent training of universities, commit to taking courses to expand or update training or professional skills and abilities. as well as other teachings of permanent formation. For these purposes, registration must have been carried out within a period of three months from the notification of the resolution granting the residence permit.
The applicant must provide proof of said registration within a period of three months from the notification of the resolution granting the authorization. Otherwise, the Immigration Office may terminate said authorization. In cases where registration is subject to specific registration periods, proof of registration must be sent to the Immigration Office within a maximum period of three months from the end of said period.
This residence authorization may be extended only once for another period of twelve months in cases where the training lasts more than twelve months or its duration exceeds the validity of the first authorization granted.
Once the training has been completed, and during the validity of the residence permit, the interested party will submit the application for a residence and work permit to the Immigration Office together with a work contract signed by the worker and the employer that guarantees at least the minimum interprofessional salary, or that established by the applicable collective agreement, at the time of the application, and proof of having passed the training provided for in the residence application. In these cases, the Immigration Office will grant a two-year authorization that will enable you to work.
This article is not legal advice, If you need professional help with immigration issues, make sure to arrange a consultation with Spainguru’s recommended immigration experts.
