Arraigo laboral can now be requested if you have worked legally in Spain!
This became possible thanks to the decision of the Supreme Court issued on March 25 this year.
Arraigo laboral (or Labor Settlement) is a type of residence permit in Spain for foreigners, which is issued under exceptional circumstances.
To do this, the following requirements must be met:
– permanently reside in Spain for at least 2 years;
– have no criminal record in Spain and the country of his residence for 5 years;
– prove that you have a working relationship of at least 6 months.
For the last point, the person concerned had to provide a court decision or an executive decision of the Labor and Social Protection Inspectorate confirming the employment relationship (according to Article 124.1 Real Decreto 557/2011 of April 20 (Reglamento de Extranjería)), which is rather difficult to obtain.
This meant that a direct complaint by the foreigner against the employer was necessary to prove the existence of a working relationship, being illegal in the country.
But the recent ruling of the Supreme Court radically changed the interpretation of this Regulation, considering it incorrect. The document is not aimed at limiting, but rather overcoming the problems that may arise when proving the situation of Arraigo laboral.
Thanks to the new Decree, when applying for a residence permit for working residence, it is not necessary for a foreigner to work on an illegal or clandestine basis. Now it is enough that the applicant worked legally, but which at some point were finished. This greatly simplifies the process as it requires a contract that is longer than 6 months or a seniority report that can be requested from Social Security.
This significantly expands the circle of foreigners who can count on a permit from Arraigo laboral.
For instance:
– Asylum seekers who have been refused, but who have worked legally during the validity period of the red card (tarjeta roja) or white receipt (resguardo blanco).
– Students who worked part-time during their stay in Spain.
– Highly qualified professionals, whose contracts have not been renewed in the company, but they can confirm this employment relationship.
The new regulation fundamentally changes the interpretation of the law and may open the way for many foreigners who have not yet perceived Arraigo laboral as a way to legalize their residence in Spain. Although it remains to be seen how the immigration authorities will comply with the decisions they are required to accept.
If you have questions or need advice on this residence permit or any other, sign up for a consultation with our specialists.