Residence permit for foreigners on the grounds of integration

RESIDENCE PERMIT FOR FOREIGNERS ON THE GROUNDS OF INTEGRATION

 

1.- Definition:

The social integration (“arraigo”) is a residence permit for social integration reasons granted to foreigners in an irregular situation, due to exceptional circumstances.

This authorization allows them to reside legally in Spain for one year, with the possibility of subsequent renewal to obtain a regular residence permit.

 

2.- integration and residence permit:

There are four types of reasons to grant this type of residence permit: social, family, work and formative contracts. The circumstances of each case must be evaluated in order to choose the correct grounds in which the request for residence permit should be based.

Each type of authorization has specific requirements that must be met to continue with the procedure.

 

Labour reasons (work):

This is a temporary residence permit for foreigners who have worked illegally for at least 6 months and have been continuously living in Spain for the last two years prior to the request filing.

Once this type of permit is granted, the foreigner can live and work legally in Spain, but will not be able to renew this type of residence once the one year period has expired, in order to continue residing in Spain it will be necessary to modify to a regular residence permit, through a new administrative proceeding.

The most complex part of this type of residence is to prove the employment relationship. In order to be able to prove it, the applicant must have reported the irregular employment situation. As a reward for this denunciation, the applicant is granted  the residence permit. In this sense, it is said that the purpose of this type of residence permit is to avoid labor exploitation.

Some examples of documentation that can prove the employment relationship are: a conciliation report, a court decision or an administrative decision regarding the infraction report issued by the Ministry of Labor and Social Security, among others.

 

Family reasons:

Residence due to family roots is granted to those foreign citizens who have a family relationship with a Spanish citizen.

Who can apply for a residence permit based on family connections?

• The father or mother, or guardian of a minor of Spanish nationality, or a person who provides support to a Spanish person with a disability.
• children whose father or mother were originally Spanish.
• Spouse or civil partner of a Spanish citizen.
• Ascendant of a Spanish citizen over 65 years of age or under 65 years of age who is a dependent.
• Descendant of a Spanish citizen, under 21 years of age or over 21 years of age who is a dependent.

Unlike the other types of reasons for this type of residence permit, it is not necessary to comply with a requirement of a previous period of time of residence in Spain, nor is it necessary to prove financial means.

 

Social reasons:

This is a temporary residence and work permit for exceptional circumstances for people who have lived in Spain for at least 3 years and who are in an irregular situation.

It is necessary to fulfil a series of requirements, first, to have remained uninterruptedly for three years in Spain, to have a family relationship or family ties with foreign citizens residing in Spain, to have a work contract for a period of no less than one year signed by both parties.

 

3.- Requirements for applying for a residence permit in Spain on the grounds of integration.

As explained above, each type of integration permit has its own requirements, although there are requirements common to all of them.

• Not to be a citizen of a European Union country.
• Not have a criminal record in Spain or in their previous countries of residence for the last five years.
• Not be banned from entering Spain
• Not be within the period of commitment not to return to Spain.

 

4.- How to apply for a residence permit in Spain on the grounds of integration:

The request for residence permit will be filed in Spain, before the Immigration Office closest to the applicant’s home.

Once the application has been approved, the applicant has 30 days to apply for the residence card.

This procedure can be carried out online by an authorized representative of the applicant.

 

5.- Documents requested for application:

The following documents must be filed at the immigration office:

• Official application form to obtain residence due to exceptional circumstances (form EX10)
• Passport
• Criminal record certificate for the last five years
• Proof of payment of the corresponding fee
• Additional required documents according to the type of permit requested.

The aforementioned documents must be apostilled and translated into Spanish.

 

If you find yourself in any of the situations described above, do not hesitate to contact us by email at info@kaplanlegal.es, we will be pleased to assist you.