Residence permit for exceptional circumstances (Roots)
A foreigner who can prove continuous residence in Spain for a minimum period of two years immediately prior to the date of submission of the application may apply for a residence permit based on roots in Spain, provided that he or she does not hold, either at the time of the application or during the processing of the file, the status of applicant for international protection.
It should be noted that, in cases where the foreigner was an applicant for international protection, the time spent in Spain while the procedure is being resolved, both administratively and, where applicable, judicially, will not be counted until a final decision is issued.
SOCIOFORMATIVE RESIDENCE: This is a temporary residence permit for foreigners enrolled in or currently pursuing officially recognized training in Spain. Acceptable training programs include high school, intermediate-level vocational training, professional certificates from the Grade C vocational training system (including level one), and in-person adult education programs.
The application for this permit must be submitted before the official registration period begins, and proof of enrollment must be provided to the Immigration Office within a maximum of three months of the permit being granted. In justified cases, enrollment in another training program may be submitted, provided it meets the corresponding official requirements.
In addition, individuals who undertake training sponsored by the Public Employment Services and oriented toward occupations included in the catalog of Article 75.1 may also apply for this permit. Failure to provide proof of enrollment or training will result in the termination of the permit.
SOCIO-LABOR ROOTS: Socio-labor roots are a residence permit for exceptional circumstances that offers foreigners the possibility of regularizing their situation in Spain through an accredited employment relationship.
To be eligible for this permit, it is necessary to have no criminal record, either in Spain or in the country of origin, and not pose a risk to public order, security, or public health.
In the employment field, one or more employment contracts must be presented that together certify a minimum working week of 20 hours and guarantee at least the Minimum Interprofessional Wage (SMI) or whatever is established in the corresponding collective agreement.
Acceptable contracts may be temporary, fixed-term, or replacement, provided they are for a period of more than 90 days or are presented successively to meet the required time limit.
In short, social and labor roots constitute a means to obtain legal residency in Spain through real, regulated employment, facilitating the integration of foreigners into the labor market.
SOCIAL ROOTS: Social roots are a temporary residence permit for exceptional circumstances that allows foreigners in Spain to regularize their administrative status. To apply for it, you must have no criminal record, not pose a risk to public order, public safety, or public health, and meet the requirements established by law.
Social roots can be obtained in two ways. The first is by proving family ties with legal residents in Spain, such as a spouse or registered partner, father, mother, or first-degree children. The second option, if you have no ties, is to present a social integration report issued by the corresponding autonomous community.
In either case, you must demonstrate sufficient financial means to guarantee your personal support. This requires proving at least 100% of the Public Income Indicator for Multiple Effects (IPREM). In cases where the authorization is requested based on family ties, the income may be provided by the legally resident relative, although in this case proof of double the IPREM (Spanish Social Security Income Tax) is required: 100% for the relative and 100% for the applicant. This ensures that both have sufficient resources to support themselves during the validity of the authorization.
FAMILY ROOTS: Family roots allow applicants to apply for temporary residence in Spain in two main cases:
- Parents or guardians of minors who are citizens of the European Union, the European Economic Area, or Switzerland, provided they reside in Spain, have the minor in their care and live with them, or are up to date with their parental obligations.
- People who support family members with disabilities who are citizens of the European Union, the European Economic Area, or Switzerland, in the exercise of their legal capacity, provided the applicant has the person with a disability in their care and lives with them.
SECOND CHANCE ARRAIGO: Second chance arraigo is a residence permit intended for foreigners who previously held a residence permit in Spain, provided that it was not granted due to exceptional circumstances and who, for various reasons, were unable to renew it.
Those whose permit was not renewed for reasons beyond their control may apply for it. This opens the door to those who lost their residency for administrative, work-related, or personal reasons.
An important aspect is that a job offer is not required to access this permit, which facilitates the process for those who do not have an employment contract at the time of application.
Likewise, if the loss of residency was related to a judicial proceeding, the permit may be requested provided there is an acquittal, a dismissal of the case, or a favorable ruling.
In conclusion, second chance arraigo represents a way for foreigners to regularize their situation in Spain again, even if they have lost their legal residency.
