Can You Work While Your Arraigo Is Being Processed in Spain?

🇪🇸 Read the original in Spanish

For thousands of foreign citizens in Spain, the regularisation process through the various forms of arraigo (residency based on exceptional circumstances) represents the key to building a stable and legal future. However, during the time that elapses between the decision to start the procedure and the favorable resolution from the Administration, the most critical question for daily survival inevitably arises: is it possible to work legally while the arraigo is being processed? The answer to this question is not a simple "yes" or "no", but depends on a complex regulatory framework that has undergone profound recent changes and requires knowing the applicant's rights in detail at each stage of the procedure to avoid sudden irregularity or administrative sanctions.

The regulatory framework: What does Spanish legislation say?

The legal basis regulating these situations is found in the Ley Orgánica 4/2000, de 11 de enero, sobre derechos y libertades de los extranjeros en España y su integración social (commonly known as the Ley de Extranjería / Aliens Act) and, very especially, in its implementing Regulation, approved by Real Decreto 557/2011, de 20 de abril.

To this body of regulations we must add the far-reaching reform brought about by Real Decreto 629/2022, de 26 de julio, which modified the Reglamento de Extranjería (Aliens Regulation) to make the types of arraigo more flexible, create new modalities such as arraigo para la formación (arraigo for training), and redefine the work authorization of applicants.

The general principle of Spanish regulations is clear: to carry out a lucrative activity as an employee or self-employed person in Spain, a non-EU foreign citizen needs to have a prior administrative authorization (visa, residence and work permit, or a student stay authorization with employment rights). The mere fact of submitting an application for residence due to exceptional circumstances (arraigo) does not automatically grant a provisional authorization to work during the waiting period, except in very specific cases and under strictly limited conditions that we will analyze below.

The different modalities of arraigo and the right to work

To understand whether you can work, we must first distinguish the modality of arraigo that is being processed, as the legislator grants different legal effects to each one.

1. Arraigo Social (Social Arraigo)

This is the most common route. It requires continuous residence in Spain for a minimum of 3 years, having no criminal record, and having a employment contract signed by both the employer and the worker that guarantees, at least, the Salario Mínimo Interprofesional (SMI / Minimum Interprofessional Wage) or the salary established in the applicable collective bargaining agreement.

• Can you work during the processing period? No. The contract presented is a "promise" or proposed contract subject to the granting of the authorization. The employer cannot register the worker with the Seguridad Social (Social Security) until the Oficina de Extranjería (Aliens Office) issues a favorable resolution. Working before this moment is considered a serious infraction for both the employer and the worker.
• When can you start working? Once the favorable resolution is notified, the employer has a period of 1 month to affiliate and register the worker with the Seguridad Social. It is at that precise moment of registration when the right to work is fully activated.

2. Arraigo Laboral (Labor Arraigo)

Intended for foreigners who have been in Spain for at least 2 years and can prove a prior employment relationship of a minimum duration of 6 months (whether legal or irregular, proven by a court ruling, an administrative act of the Inspección de Trabajo / Labor Inspectorate, or documentary evidence admitted by law).

• Can you work during the processing period? No. As with arraigo social, the pending application does not enable you to work. However, once granted, arraigo laboral yields a residence and work permit as an employee or self-employed person for 1 year.

3. Arraigo Familiar (Family Arraigo)

This figure protects family ties with citizens of Spanish nationality (such as being the parent of a Spanish minor, spouse or formalized pareja de hecho / de facto partner, ascendant over 65 years old, etc.).

• Can you work during the processing period? Legally, the mere submission of the application does not generate a provisional work permit. However, arraigo familiar is one of the most protected pathways. Once granted, it yields a residence permit for 5 years that fully enables you to work both as an employee and as a self-employed person, without the need for additional procedures.

4. Arraigo para la Formación (Arraigo for Training)

Introduced by the 2022 reform, it requires a continuous stay of 2 years in Spain and a formal commitment to undertake regulated, employment-related, or university training.

• Can you work during the processing period? No. This figure grants a residence authorization to study, but does not enable you to work during the training period.
• How do you access work? Once the training is completed and during the validity of the residence permit, the foreign citizen can apply for a residence and work permit (as an employee) of 2 years in duration, presenting an employment contract that guarantees the SMI.

5. Arraigo de Segunda Oportunidad (Second Opportunity Arraigo / Denied Asylum Situations)

For those applicants for international protection whose application has been denied but who meet the requirements for arraigo. During the processing of the appeal or the new arraigo application, you cannot work unless you maintain the validity of the tarjeta roja (red card) with an explicitly authorized right to work granted by the Ministerio del Interior (Ministry of the Interior) during the asylum process.

The figure of the "situation of tolerance" and administrative silence

A fundamental technical aspect is the status of the applicant while the Administration resolves the case. When the arraigo application is submitted, the foreigner acquires the status of "applicant for a residence permit due to exceptional circumstances".

This status suspends any expulsion order that might be pending against the citizen (except for public safety reasons), generating a situation of "tolerance" or consented stay in the national territory. However, immigration regulations determine that administrative silence in arraigo procedures, once the resolution period of 3 months has elapsed, is negative (dismissive). Therefore, the lack of a quick response from the Administration can never be interpreted as an implicit authorization to start working.

Practical step-by-step procedures for regularisation and access to employment

To transition from an irregular situation to legal employment through arraigo (taking Arraigo Social as a reference, which is the most common), these steps must be strictly followed:

1. Preparation of documentation: Gather your complete passport (with a minimum validity of 4 months), a criminal record certificate from the countries where you have resided for the last 5 years, documentation proving your continuous stay in Spain for 3 years (historical empadronamiento / town-hall registration, invoices, medical history), and an social integration report issued by the Autonomous Community (or proof of direct family ties with other resident foreigners).
2. Obtaining the job offer: The employer must prepare an employment contract signed by both parties. The contract must guarantee a minimum working week of 30 hours (or 20 hours if you prove you have minors in your care) and a remuneration of no less than the SMI (1,134 € net per month in 14 payments for the current year, or its proportional part). The employer must demonstrate financial solvency to meet this payment and be up to date with the Hacienda (Tax Agency) and the Seguridad Social.
3. Online submission: Submit the application through the MERCURIO platform of the Secretaría de Estado de Migraciones (State Secretariat for Migration), using the digital certificate of the applicant or an authorized professional (lawyer, gestor). The corresponding fee must be paid (Modelo 790 código 052, section 2.5 "processing of the application for temporary residence due to exceptional circumstances", the current amount of which is around 38.28 €).
4. Instruction and waiting period: The Oficina de Extranjería has a legal period of 3 months to resolve the application. During this time, the status of the application can be checked on the electronic portal as "En trámite" (In progress). Remember: working is prohibited during this phase.
5. Favorable resolution and Social Security registration: Once the notification of approval is received, the employer has a strict period of 1 month to register the worker in the corresponding regime of the Seguridad Social.
6. Issuance of the TIE (Foreigner Identity Card): With the registration in the Seguridad Social confirmed, the foreigner must request an appointment for fingerprinting at the Police Station. They must provide their passport, the approval resolution, proof of registration in the Seguridad Social, a recent photo, and proof of payment of the card issuance fee (Modelo 790 código 012, for an approximate amount of 16.08 €). Within a period of 30 to 45 days, the physical card (Tarjeta de Identidad de Extranjero) that accredits the right to reside and work is collected.

Practical examples with real figures

Example 1: The case of Carlos (Arraigo Social with an employment contract)

Carlos has been living in Madrid continuously for 3 years. He gets a job offer as a kitchen assistant in a restaurant. The restaurant owner offers him a 30-hour weekly contract with a gross monthly salary of 950 € (proportionally adjusted to the current SMI for that working week).

Carlos submits his Arraigo Social application on March 15. The application processing fee costs him 38.28 €. During the months of April and May, the restaurant has peak workloads and the owner proposes that he work "under the table" for a few hours facing the public while they wait for the resolution. Carlos refuses, knowing that a labor inspection could lead to a fine of up to 10,000 € for the restaurant and the immediate rejection of his immigration file for working without authorization.

On June 10 (within the 3-month deadline), Extranjería issues a favorable resolution. The restaurant registers Carlos with the Seguridad Social on June 15 (within the required 1-month period). Only from June 15 does Carlos begin to work and contribute legally. Later, he pays the 16.08 € fee to obtain his physical card (TIE).

Example 2: The case of Elena (Arraigo para la Formación)

Elena has resided in Barcelona for 2 years. She decides to apply for Arraigo para la Formación and enrolls in a web application development course of 400 teaching hours. She submits her application, paying the 38.28 € fee, and it is approved.

While she is doing the course, a local company becomes interested in her profile and offers to hire her immediately part-time to provide technical support, paying 600 € per month. Elena, having received correct advice, explains to the company that under Arraigo para la Formación she is not allowed to work legally during the tuition period.

Elena successfully completes her training in 8 months. With her certificate of completion in hand and a formal job offer from that same company for 40 hours per week and a salary of 1,134 € per month, she requests the modification of her residence to a residence and work permit as an employee. Once this modification is granted and she is registered with the Seguridad Social, Elena starts working legally.

Errors you must avoid

• Starting to work before the resolution and effective registration: The most serious and common mistake. Working before the Seguridad Social processes your registration following the favorable resolution of the arraigo can lead to the termination of the regularisation process and severe financial penalties for the employer.
• Failing to register with the Social Security within the 1-month period: Once the arraigo (for example, social) is granted, the employer has exactly 1 month to register the worker. If this is not done within this period, the residence permit will lose its validity and the foreign citizen will return to an irregular status.
• Presenting contracts that do not comply with the SMI or minimum hours: The Oficina de Extranjería will meticulously check that the employment contract complies with the Salario Mínimo Interprofesional (1,134 € per month for 40-hour weeks, or the proportional part for authorized reduced hours). Presenting contracts with lower salaries is a direct cause for rejection.
• Changing employers during the process without notifying it: If the employer who signed the initial contract proposal decides to withdraw the offer or closes the business while the file is being processed, the applicant must find a new employer and submit an amendment immediately before a resolution is issued.

Frequently Asked Questions (FAQ)

Can I work as a self-employed person (autónomo) with arraigo?

Yes, it is possible, but it depends on the modality. Arraigo Social and Arraigo Familiar allow you to apply for authorization to work as a self-employed person (autónomo). In the case of Arraigo Social, instead of an employment contract, you must present a viable business plan, prove the necessary professional qualifications, and demonstrate that you have sufficient financial funding to start the activity and guarantee your own livelihood.

What happens if my arraigo is denied while I am waiting?

If the resolution is negative, the applicant returns to the irregular status they were in before starting the process. An administrative appeal (Recurso de Alzada or Recurso Potestativo de Reposición) can be filed against this resolution within 1 month, or you can go directly to court via a Recurso Contencioso-Administrativo (judicial appeal) within 2 months. During the time the appeal lasts, you are not authorized to work either.

If I have a student card, can I apply for arraigo and keep working?

Foreign students with a valid student visa often have a work authorization of up to 30 hours per week compatible with their studies. If they decide to start an arraigo procedure (for example, because they meet the 3 years of stay and prefer this route), they can continue working under the conditions of their current student permit until it expires. However, the submission of the arraigo application itself does not extend or modify the conditions of that work until the new file is favorably resolved.

Can I travel outside Spain while my arraigo file is being processed?

It is highly discouraged. Being in an administrative limbo and not having a valid residence card, leaving the national territory can mean losing the right to return. An autorización de regreso (return authorization) is generally not granted to applicants with an initial arraigo in progress, as they do not have a prior authorized residence to renew. Furthermore, leaving the country would break the continuity of the stay required for arraigo.

In summary

• General rule of no activity: The mere submission of the application for any type of arraigo does not provisionally authorize you to work during the waiting period for the resolution.
• The milestone of Social Security registration: In modalities such as Arraigo Social, the effective right to work is activated only when the employer registers the worker with the Seguridad Social, a procedure that must be carried out within a maximum period of 1 month after notification of the favorable resolution.
• Protection exceptions: Arraigo Familiar directly grants a residence and work permit for 5 years once approved, making it one of the fastest routes for full labor integration.
• Consequences of irregular work: Working informally ("under the table") during the processing period of the file can lead to heavy fines for the employer and the rejection of the arraigo for the applicant.
• Importance of compliance with deadlines: It is vital to monitor the Administration's 3-month resolution deadlines and strictly comply with the contribution requirements, minimum wages (1,134 €), and corresponding administrative fees to ensure the success of the process.

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.