Foreign citizens who are in Spain in an irregular situation (without administrative authorization to stay or reside in the country) can apply for a residence authorization due to exceptional circumstances. The most common case is what is known as arraigo (ties to the country). The arraigo is an administrative procedure offered as an exception, which allows for foreign citizens who can demonstrate that they hold social, family or labor ties with the host country in order to legalize their residence[1]. There are three types of arraigos: Labor, social and family.

Below, we’ll detail what foreign citizens living in irregular situations must document in each of the cases:

  1. Labor Ties.This is an option if you have lived in Spain continuously for at least two years, do not have any criminal record in Spain and in your country of origin or country of last residence and can document a labor relationship of no less than six months.

As a foreign citizen living in an irregular situation, you must accredit:

  1. Continuous stay: permanent stay in Spain is understood as staying in Spain for at least two years. You may spend time outside of Spain, but it must not exceed 90 days.
  2. The employment relationship must have lasted for at least six months. The employment relationship is accredited through a judicial decision, or through an administrative resolution confirmed by a labor violation certificate from the Employment and Social Security Inspection Service (ITSS).

Furthermore, you must not have any criminal records in Spain or in any of the previous countries of residence. The concession of the arraigo includes the authorization to be employed with a contract in Spain. It is valid for one year. After the period of validity has ended, you must request to modify the status to an initial temporary residence and work visa.

  1. Social Ties.This is an option if you have stayed in Spain for at least three years, have a work contract, do not have any criminal records in Spain and in your country of origin or country of last residence and can document family ties with other foreign residents or can present a social insertion report.

As a foreign citizen living in an irregular situation, you must accredit:

  1. Continuous stay in Spain, for at least three years. The duration of your stay in Spain is assumed when you are enrolled in the registry of inhabitants (padrón).
  2. Employment contract or accreditation of economic means. For this authorization, the national employment situation is not considered. The contract must be for at least one year, duly formalized and signed by the parties involved.
  3. Family ties refer to legal foreign residents who are spouses or registered partners, or ascending or descending relatives in the first degree and with direct lineage. If, as a foreign citizen, you do not have any of these family members residing in Spain, you must present an arraigo report, issued by the Autonomous Community or in the case of Barcelona, by the City Government, which must accredit social integration within the host country

If the resolution is favorable, you must request the social security number as an employee from the Social Security Treasury in the place where you are registered to live (empadronamiento). Later, your employer shall have one month from the notification to register you as an employee in Social Security.

  1. Family ties.This is an option if you are the son or daughter of a native-born Spanish father or son or you are the father or mother of a minor of Spanish nationality.

As a foreign citizen, you must accredit:

  1. To be the father or mother of a minor with Spanish nationality. As the parent, you must have the minor in your care, live with the child, or fulfill the parental obligations. The same applies to minors of nationality from one of the Member States of the EU or EEA, or Switzerland.
  1. Children of native-born Spanish mother or father. Spanish nationality must be accredited through inscription in the Spanish Civil Registry and the marginal identifying details which include the individual’s birth certificate.

The concession of a residence authorization due to exceptional circumstances does not require obtaining the corresponding visa, which means that it allows for access to a direct temporary living situation “starting from a situation of administrative irregularity”.[2]

Example of a family arraigo: A Colombian national who lives in Spain in an irregular manner, who is the mother of a child with Italian nationality, because the father is an Italian citizen. In this case, the mother would have the right to request the family arraigo.

[1] Magallanes C., Doménech Gomis, Todos los procesos de extranjería y sus actuaciones administrativas (Hospitalet de Llobregat 2016) 148

[2] Puerta Vílchez, J., Ruiz Sutil, C., Personas en situación de irregularidad: residencia por circunstancias excepcionales, in Expert Memorandum, Immigration Office. (Madrid 2017) 152