Residence Permit for Exceptional Circumstances (Arraigo)

A residence permit for exceptional circumstances (residencia por circunstancias excepcionales) in Spain is a special form of regularization for foreigners who are in the country without legal status but have humanitarian, social, or legal grounds to remain.

Main Types of Arraigo

Labor Arraigo (Arraigo Sociolaboral): for those who can provide an employment contract. General requirements: having lived in the country for at least two years and proving employment by submitting one or more contracts of at least 20 hours per week. The salary must match the minimum wage for the hours worked, or the level set by the applicable collective agreement. Contracts may come from different employers or be seasonal in nature.

Social Arraigo (arraigo social): for those who have family ties in Spain or can demonstrate a high degree of integration. If the applicant has no close family members residing in Spain, they must submit a report proving sufficient social integration and show funds in a Spanish bank account equal to 100% of the IPREM. This type of arraigo can be renewed under the same conditions.

Family Arraigo (arraigo familiar): a temporary residence permit for exceptional circumstances granted to relatives of citizens of other EU countries, the European Economic Area, or Switzerland. It applies in two situations: the applicant is the parent or legal guardian of a minor who is a citizen of one of these countries, lives with them, and cares for them; or the applicant is a relative who cares for an adult with a disability (also an EU/EEA/Swiss citizen), supports them in exercising their legal capacity, and lives together with them.

Socio-Educational Arraigo (Arraigo Socioformativo): allows a person to apply if they have lived continuously in Spain for at least two years and plan to undertake specialized training or education leading to a qualification, in order to work in a field of interest to the public employment services or one facing a shortage of skilled workers. The permit is granted for 12 months; once approved, the applicant has three months to prove enrollment in the training program. The training must be in-person or hybrid (at least 50% in-person classes), and the courses must be registered with REFO. This type of arraigo cannot be obtained more than once every 3 years.

Second Chance Arraigo (Arraigo de Segunda Oportunidad): for those who previously held residency but lost it. The main condition is having lived in Spain for at least two years and not being an applicant for international protection. Specific requirements: having held residency during the last two years — not obtained through exceptional circumstances — that was lost for reasons unrelated to a threat to public order.

In terms of the time required to apply, this type of residency does count towards obtaining Spanish citizenship.

The immigration authorities may grant a temporary residence permit on the grounds of arraigo, as well as for humanitarian reasons, cooperation with police or judicial authorities, or other exceptional circumstances defined by law.
Arraigo is one of these cases, granting the applicant temporary residency that allows them to live in Spain legally and even obtain a work permit.

Is It Difficult to Obtain This Type of Residence Permit?

No, not if you know which documents to gather and which requirements to meet. It's always advisable to consult an immigration law specialist to apply for this permit correctly, avoiding possible refusals and delays in the process.

It is essential to understand all the requirements any foreigner must meet to obtain this permit. Otherwise, it will not be possible to obtain it:
- you cannot be a citizen of the European Union.
- you must be in an irregular situation in Spain at the time of applying.
- you must have no criminal record.

Frequently Asked Questions:

How is continuous stay calculated for arraigo purposes?

Stay is considered continuous if time spent outside Spain does not exceed 90 days over the last two years for labor or educational arraigo, or 120 days over the last two years for social arraigo.

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If social arraigo is obtained on the basis of financial means, is the applicant entitled to work?

Yes, all types of arraigo include the right to work.

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For how long is a temporary residence permit granted to the parent of a minor who is a Spanish citizen?

Important: this permit is not granted under family arraigo (arraigo familiar), but as residency for a family member of a Spanish citizen. It is now possible to obtain this permit for a period of 5 years, and the applicant may work either as an employee or as a self-employed professional without needing any additional work authorization.

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You can always reach out to me for legal assistance. This will help you avoid mistakes when gathering documents and filing your application.