Settlement in Spain is one of the most common grounds for obtaining a residence permit. Residential residence in Spain refers to a residence permit obtained due to emergency circumstances. At the same time, the requirements for the applicant and his documents are quite stringent and often difficult to fulfill.
Settlement in Spain is divided into three types, each of which requires a special legalization scheme:
- Arraigo social – social settlement;
- Arraigo familiar – family settlement;
- Arraigo laboral – settled work.
Settlement in Spain in 2022: key points
Settlement residence in Spain is always requested directly in the country through the Extranjería migration service. At the time of submitting documents, the applicant must be in illegal immigrant status and have a certain continuous length of stay in the country, confirmed by documents (with the exception of family residence). In addition, you must have a valid passport (valid for at least 4 months on the date of application).
Settlement residence in Spain can be either with the right to work or without the right to work, depending on the documents submitted. If we are talking about the right to work, then two options are possible – for hire and for yourself (as an individual entrepreneur).
If you have passive income or savings, it is possible to receive non-working residence, i.e. there is no need to include an employment contract in the package of documents.
The initial residence permit in Spain is issued for a period of one year with the possibility of subsequent extension, subject to compliance with current legal requirements.
Now let’s look at all three types of settled life in Spain in more detail.
Social settlement in Spain
Social residence in Spain allows you to obtain a residence both with the right to work and without the right to work. Of all the above types of sedentarism, it is the social one that is used most often. To receive the coveted TIE resident card, you must meet four basic requirements:
- Have no criminal record either in Spain or in the country of previous permanent residence;
- Live in Spain continuously for at least 3 years and be able to prove this;
- Have an employment contract for a period of at least 1 year, or confirm the availability of sufficient economic means to live without the need to work. In the first case, instead of an employment contract, a business plan and documents confirming the availability of funds for opening and developing your own project as an individual entrepreneur can be submitted.
- Have a certificate of social integration issued by a municipal service and/or be a close relative of a resident foreigner.
The length of residence is confirmed by a certificate of registration – Certificado Histórico. Therefore, it is very important to register at your place of residence as early as possible. The absence of a criminal record is confirmed by documentation – a certificate of no criminal record issued by the official authorities of the home country, apostilled and translated into Spanish sworn translator.
Social settlement in Spain with a work contract
When requesting social residence in Spain, special attention should be paid to the employment contract (if a residence permit with the right to work is requested). The duration of a full-time contract must be at least 1 year. If you intend to work for several employers, it is important that the scope of activity coincides, each contract has a duration of at least 1 year, and the total employment for all contracts is at least 30 hours per week.
The choice of employer(s) must be taken seriously. The Migration Service will assess his economic situation, ability to fulfill obligations under employment contracts and to tax and social services.
The employer must be economically stable, have a profitable business, have no debts on taxes and social contributions, and have an income sufficient to support himself and his family (if he works as an entrepreneur). Unfortunately, finding such an employer is becoming more and more difficult every year, and the migration service is very careful in checking the economic situation and makes negative decisions at the slightest doubt or in case of insufficient income.
Social settlement in Spain for entrepreneurs
Alternatively, you can request a residence permit for settled residence in Spain with the right to work as an individual entrepreneur. To do this, you will need to prepare a good business plan indicating sources of financing, profitability, number of jobs created, etc., provide documents on education and the required level of professional qualifications, as well as rent or purchase of commercial premises.
Alegria Service provides assistance in registering a legal entity in Spain (SL) and completing all necessary documents. More details about the service:
You will also need to confirm the availability of funds not only for opening and developing a business, but also for your own residence. Agreements on the provision of services (carrying out work) signed with future clients will be useful. When purchasing a ready-made operating business, you will need to submit the appropriate notarial deed.
Social settlement in Spain without an employment contract
And finally, legalization by settlement in Spain can take place without obtaining the right to work if there is a close relative who is a resident of Spain. To do this, it will be necessary to demonstrate the availability of sufficient economic means. This fact must be reflected in the conclusion on social integration with a note that an employment contract is not necessary.
The minimum amount required for living is calculated based on the IPREM indicator, the amount of which is revised annually. A family of two must contribute at least 150% of IPREM per month, and for each additional family member another 50% of IPREM per month.
Family Settlement in Spain
Family settlement in Spain, unlike social settlement, is rarely used for legalization. It also has one important difference, namely, it does not require any specific period of residence in Spain. Legalization by family residence is suitable for those foreign citizens whose children have Spanish citizenship, or for children whose parents are Spanish citizens by origin.
In the first case residence in Spain is requested by the mother or father of a minor child who is a Spanish citizen, who is dependent on the applicant and lives with him or her in joint custody.
In the second case residence is requested if there are parents who have received Spanish citizenship by origin. The most common cases of obtaining citizenship in this way are: children whose mother and/or father are Spanish citizens; children whose mother and/or father are foreigners but were born in Spain. A striking example is the children and grandchildren of Spanish citizens forced to emigrate from the country during the Civil War.
Labor settlement in Spain
Labor settlement in Spain is the third and most controversial method of legalization due to emergency circumstances. The main conditions for obtaining residence by employment are:
- Have resided in Spain continuously for 2 years at the time of application.
- Have no criminal record either in Spain or in your country of previous permanent residence.
- At the time of submitting the application, be in an illegal status.
- Have at least 6 months of work experience. The fact of work can be confirmed by a labor inspection act or a court decision – in the case of illegal work, or an extract from the labor history – in the case of legal work (for example, a foreign citizen had a residence permit, worked legally, and then was unable to renew Residence permit in Spain, lost his residence and found himself in an illegal situation; or worked on a red refugee card, which was once again simply not renewed).
When legalizing by employment, there is no need to submit an employment contract, confirm the presence of close resident relatives, or obtain a certificate of social integration from the municipality.
The main basis for obtaining a residence with the right to work is having the required length of experience, supported by documents.
