Consolidation in the country for social reasons.

The arraigo social, the arraigo laboral and the arraigo familiar are exceptional ways of regularization, that is, a residence and work permits due to exceptional circumstances.

Arraigo social can be processed in Spain in an irregular situation and it is also not necessary to respect the national employment situation.

This permit has a duration of 1 year and can be modified into a work residence for an employee, or self-employed, or into a non-profit residence.

The conditions to be accepted for the arraigo social are:

– Have been in Spain for at least 3 years, continuously, that is, without having left Spain for more than 120 days during these 3 years.

– Not having a criminal record within the last 5 years.

– Have a minimum degree of integration.

– You must have economic means to be able to reside in Spain, this can be due to one of these 3 options:

o A job offer written in an employment contract signed by the employer. This contract must be for a minimum period of 1 year, full-time (or several contracts for the same activity totaling at least 30 hours per week) and the interprofessional minimum wage must be offered annually (in the agricultural sector, 2 contracts of 6 consecutive months can be exempted, half a day each). It must also include a specific clause stipulating that «this employment contract will only come into force when the person concerned has not obtained a favorable resolution of the application for residence and work».

o Have an activity by themselves.

o Have money in the bank account or be able to get money from family members you live with.

The documents required for the application are:

– Registration (empadronamiento) of the last 3 years preceding the application or, failing that, any document proving the stay in Spain for 3 years (bills, doctor’s appointments, etc.)

– Criminal record extract translated and legalized or apostilled.

– Social integration report issued by the town hall.

– Accredit economic means through one of these 3 options:

o Employment contract signed by the employer, and company documents that prove that she is up to date with the payment of taxes to the Treasury, to Social Security, and that during the past year she has had positive income.

o Business plan, accrediting the qualifications necessary for the exercise of the activity, the economic means to meet its needs for 1 year (100% IPREM), and the sufficient means to create and maintain the operating activity (12 000 € in total), and the corresponding licenses.

o Statement of bank accounts with sufficient financial means (minimum 150% IPREM, but this amount varies greatly depending on each situation).

Request:

The application can be submitted electronically, at the immigration office.

The administration must respond within a legal period of 3 months from the presentation. If this is not the case, an administrative appeal must be filed.

Once the authorization is approved, you must register for social security, as long as you are not registered, the authorization will not be effective.

Once all of this is done, you need to make an appointment with the police to do the T.I.E. This card will be your physical residence card.


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Abogados Extranjería en Alicante
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