Arraigo Social: Requirements to Legalise Your Status in Spain

🇪🇸 Read the original in Spanish

Achieving legal residency in Spain is the most important goal for thousands of foreigners who have built their lives, relationships, and daily routines in this country, but lack administrative authorisation to reside and work. Arraigo social (social integration residency) is, without a doubt, the most widely used and effective path to regularisation under exceptional circumstances in our legal system. In this guide prepared by the legal team at AbogadoAI, we analyse in depth what arraigo social is, what its updated requirements are according to Spanish legislation, and how you must process it step-by-step to guarantee the success of your application.

What is arraigo social and what is its legal framework?

Arraigo social is a temporary residence authorisation under exceptional circumstances granted to foreign citizens who are in Spain in an irregular situation, provided they prove continuous physical presence in the national territory for a minimum period of time and demonstrate their integration into Spanish society.

This legal mechanism is not an arbitrary discretionary concession, but rather a right meticulously regulated by our immigration legislation. The reference regulatory framework is found in:

• The Ley Orgánica 4/2000, de 11 de enero (Organic Law 4/2000, of 11 January), on the rights and freedoms of foreigners in Spain and their social integration (commonly known as the Ley de Extranjería / Immigration Law).
• The Reglamento de la Ley Orgánica 4/2000 (Regulation of Organic Law 4/2000), approved by Real Decreto 557/2011, de 20 de abril (Royal Decree 557/2011, of 20 April), specifically in its Article 124.2, which details the requirements for arraigo social in depth.

It is important to highlight that arraigo social is not governed by European Union regulations on free movement (which are reserved for EU citizens and their family members under Real Decreto 240/2007), but is instead part of Spain's general immigration regime (régimen general de extranjería), designed specifically for third-country nationals (citizens of countries outside the EU, the European Economic Area, or Switzerland).

Substantive requirements for arraigo social

For the Oficina de Extranjería (Immigration Office) to approve an arraigo social application, the applicant must strictly and simultaneously meet a series of substantive requirements. The lack of any of them is grounds for automatic refusal.

1. Continuous physical presence in Spain for 3 years

The applicant must prove that they have remained in Spain continuously for a minimum period of 3 years immediately prior to the date of submitting the application.

For this presence to be considered "continuous", absences from Spain during this three-year period cannot exceed 120 days in total. The primary means of proof is the empadronamiento histórico (historic town-hall registration history), although the Administration accepts any other legally admissible means of proof (medical history in the public health system, rental contracts, money transfers, utility bills, etc.).

2. No criminal record

This is an unavoidable public safety requirement. The applicant must not have a criminal record:

• In Spain, for offences laid down in the Spanish legal system.
• In their previous countries of residence during the last 5 years, for offences equivalent under Spanish law.

3. Family ties or a social integration report

The applicant must demonstrate their integration into Spanish society through one of these two alternative pathways:

• Family ties: Having family ties with other resident foreigners (spouse or registered pareja de hecho [de facto partner], ascendants or descendants in the first degree and direct line), or with Spanish citizens.
• Arraigo report: If the applicant does not have these direct family members, they must provide an informe de inserción social (social integration report) issued by the Comunidad Autónoma (Autonomous Community) or the Ayuntamiento (Town Hall, if the Autonomous Community has delegated this power) of their habitual place of residence.

4. Having an employment contract (or alternative means of support)

Traditionally, arraigo social has been linked to presenting an employment contract. However, current regulations allow several pathways to meet the financial sufficiency requirement:

• Employment contract pathway: A contract signed by both the worker and the employer must be presented, guaranteeing at least the Salario Mínimo Interprofesional (SMI / Minimum Interprofessional Wage) or the wage established by the applicable collective bargaining agreement. Following the reform of the Regulation, the contract must have a guaranteed minimum duration (generally 1 year) and the working week must be at least 30 hours (or 20 hours if the applicant proves they have minors under their care).
• *Self-employment pathway (cuenta propia): It is possible to apply for arraigo social* to launch your own business project, provided you present a viable business plan and prove the necessary financial investment.
• Own financial resources pathway (without working): This can be requested if you prove you have sufficient financial means (for example, through a direct family member who supports you), provided that the informe de inserción social recommends this option.

Practical step-by-step application process

Applying for arraigo social is a rigorous administrative process. Below, we detail the practical steps you must follow to submit your file electronically or in person:

1. Gathering documents from your country of origin: You must request a criminal record certificate from your country of origin or the countries where you have resided for the last 5 years. This document must be duly apostilled (Hague Apostille) or legalised through diplomatic channels, and translated into Spanish by a traductor jurado (sworn translator) if it is in another language.
2. Obtaining proof of physical presence: Request your certificado de empadronamiento histórico from your local town hall. Gather all medical, educational, or banking records proving that you have not left Spain for more than 120 days in the last 3 years.
3. *Applying for the Informe de Arraigo Social: If you do not have direct resident family members, you must book an appointment with your town hall or the competent regional body so that a social worker can interview you and issue the informe de inserción social*. This step usually takes between 15 days and 3 months depending on the municipality.
4. Signing the employment contract: The employer who is going to hire you must provide the signed employment contract, along with documentation proving the financial solvency of their business (VAT, personal income tax [IRPF], and corporate tax returns, as well as certificates showing they are up to date with the Tax Agency [Hacienda] and the Social Security).
5. Electronic submission of the application: Although it can be done in person with a prior appointment, it is highly recommended to submit the application electronically through the MERCURIO platform of the Ministry of Territorial Policy and Democratic Memory, using a digital certificate. You must fill out the official form EX-10 and pay the corresponding fee.
6. Administrative decision: The Oficina de Extranjería has a legal deadline of 3 months to resolve the case. If it does not respond within this period, the application is deemed rejected due to negative administrative silence (silencio administrativo negativo), although the Administration is still legally obliged to issue an express decision, and many approvals arrive after this deadline.
7. Social Security registration and fingerprinting: Once the approval is notified, the employer has a period of 1 month to register the worker with the Social Security system. After registration, the foreign citizen must book an appointment for fingerprinting to obtain their tarjeta de identidad de extranjero (TIE / foreigner identity card) at the National Police Station.

Deadlines, fees, and key figures you must know

To prevent your application from being rejected due to a formal defect or failing to meet the financial minimums, memorise and apply these key figures:

• 3 years: The minimum period of continuous physical presence in Spain you must prove.
• 120 days: The maximum limit of days you can have spent outside Spain during the required 3 years of presence.
• 30 hours: The minimum weekly working hours your employment contract must reflect (unless you have minors under your care, in which case it can be 20 hours).
• 1,134 euros: The monthly Salario Mínimo Interprofesional (SMI) in Spain for the year 2024 (in 14 payments, or 1,323 euros with prorated payments over 12 months). Your contract must match or exceed this figure for full-time work.
• 38.28 euros: The approximate fee amount for processing form 790 code 052 (section 2.5 "Temporary residence authorisation under exceptional circumstances") to be paid by the foreign applicant.
• 80.62 euros: The fee amount for form 790 code 062 to be paid by the employer (if they are a company or self-employed worker) for the work authorisation, provided the applicable fees do not vary due to specific provincial regulations.
• 30 days (1 month): The deadline the employer has to register the foreigner with the Social Security system from the notification of the arraigo approval.
• 90 days (3 months): The maximum legal deadline the Oficina de Extranjería has to issue and notify the decision on the file.

Practical examples of financial viability

To better understand how the Oficina de Extranjería evaluates the financial viability of arraigo social applications, let us look at two real-world scenarios from daily practice:

Example 1: Carlos's employment contract as an employee

Carlos has been in Madrid for 3 years and 2 months. He has secured a job offer as a kitchen assistant at a local restaurant. The restaurant owner offers him an indefinite employment contract with a 30-hour working week and a gross monthly salary of 1,000 euros (with prorated extra payments).

• Viability analysis: The salary offered to Carlos does not reach the SMI for a full-time position, but since it is a part-time contract of 30 hours, the salary is proportionally higher than the legal minimum hourly rate. Furthermore, the restaurant proves it is up to date with its tax obligations and shows a net profit in its last IRPF tax return of 24,000 euros per year.
• Result: Carlos's application is viable and has a high probability of being approved, as the employer is solvent and the contract conditions meet the minimums required by the reform of the Immigration Regulation for 30-hour workweeks.

Example 2: Elena's arraigo social through own financial resources

Elena lives in Barcelona with her minor child and her pareja de hecho, who is a legal resident in Spain and works as a software developer with a net monthly income of 2,800 euros. The rent for the flat where they live is 950 euros per month. Elena does not have a job offer, but she applies for arraigo social claiming her family unit's own financial resources.

• Viability analysis: Subtracting the rent (950 euros) from the supporter's income (2,800 euros), the family has 1,850 euros available to support three people (Elena, her partner, and the minor). This amount comfortably exceeds the scale of the Ingreso Mínimo Vital (Minimum Vital Income) and the financial sufficiency criteria applied by the Oficina de Extranjería of Barcelona for three-member family units.
• Result: Elena's application is viable through the own financial resources pathway, provided she submits a favourable informe de inserción social recommending she be exempted from presenting an employment contract due to her partner's strong financial situation.

Mistakes you must avoid

Submitting an immigration file with errors means months of delays or, in the worst-case scenario, a rejection that will force you to start over from scratch. Avoid making these common mistakes:

• Submitting expired or unlegalised criminal records: Foreign criminal record certificates usually have a validity of only 3 or 6 months (unless the document itself indicates another period). If you submit it expired, without the Hague Apostille, or without an official sworn translation, your application will be delayed with an official request for documents (requerimiento) or rejected immediately.
• *Having "gaps" in your empadronamiento history: If you have a period of more than 120 days in which you are not registered at a town hall and have no utility bills, medical prescriptions, or contracts in your name, the Administration will assume you left Spain. You must build a solid, uninterrupted documentary timeline covering the 3 years*.
• Presenting an employer with public debts: If the company or self-employed professional hiring you has debts with the Tax Agency or the Social Security (even for a minimal amount of 10 euros), the Oficina de Extranjería will reject the arraigo. Always ask for a "positive certificate of being up to date with payments" (certificado positivo de estar al corriente de pago) before submitting your papers.
• Not renewing your passport on time: Your passport must be valid when you submit the application. If it is expired or has less than 4 months of validity left, you must start the renewal process at your country's consulate before starting the arraigo process.

Frequently Asked Questions (FAQ)

Can I leave Spain while my arraigo social application is being processed?

It is absolutely not recommended. Since you are in an irregular situation during the process, if you leave Spain you will not be able to re-enter legally, as you do not have a valid visa or residence card. Furthermore, leaving the national territory could break the continuous presence requirement if you exceed the permitted limits. You must wait until you have the approval decision and the physical card (TIE) before travelling outside the country.

What happens if the employer who signed my contract backs out after approval?

If, once the arraigo is granted, the employer refuses to register you with the Social Security, you have a period of 1 month to find a new employer who will offer you a contract under similar conditions and present a modification or employer substitution request to the Oficina de Extranjería. Do not let this deadline pass; otherwise, the granted authorisation will lose its validity.

Can I apply for arraigo social if I have an active expulsion order?

If you have an administrative expulsion order decreed against you, you cannot obtain arraigo social directly. First, you must request the revocation or suspension of said expulsion order by citing grounds of integration and presence in Spain, or wait for the order to expire (the limitation period varies depending on the severity of the sanction, usually between 3 and 5 years).

Does time spent on a student visa count towards the 3 years of arraigo?

Yes. The Supreme Court has unified its doctrine, clarifying that time spent on a student visa, although legally considered "stay" (estancia) rather than "residency" (residencia), does count as physical presence in Spain for the purposes of applying for arraigo social, provided it is proven that this stay was continuous and real.

How long is the card obtained through arraigo social valid for?

The residence authorisation granted through arraigo social has an initial validity of 1 year (or 2 years under certain circumstances following the latest regulatory reforms). Before this card expires, you must apply to modify it to an ordinary residence and work authorisation (as an employee or self-employed worker), for which you must prove you have worked during the granted period or continue to have sufficient financial resources.

In summary

• Arraigo social requires proving continuous physical presence in Spain for at least 3 years, with absences from the country not exceeding 120 days in total.
• It is mandatory to present a clean criminal record certificate from your country of origin and the countries where you have lived for the last 5 years.
• You must have an employment contract of at least 30 hours per week guaranteeing the SMI, or prove integration through your own financial resources or self-employment.
• Social integration is demonstrated through direct family ties with residents/Spanish citizens or through a regional informe de inserción social.
• The Oficina de Extranjería has 3 months to resolve the application, and the employer has 1 month after approval to register the worker with the Social Security.

General legal information, not personalised legal advice. For your specific situation, ask your question for free at AbogadoAI — answers grounded in Spanish law (BOE), in English.

This is general information, not legal advice. Verify on the BOE or consult a lawyer for your specific case.