Arraigo Familiar is an exceptional temporary residence permit or authorization that can be relatively easy to process if all the requirements are met.
If you need to handle any Immigration procedure or apply for Spanish Nationality, you can rely on our team of experts.
Understanding the Applicable Regulations:
Arraigo Familiar is governed by specific laws and regulations. The key regulations that apply to Arraigo Familiar are as follows:
Organic Law 4/2000, January 11, on the Rights and Freedoms of Foreigners in Spain and their Social Integration (Article 31.3), commonly known as the Immigration Law.
Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011, April 20 (Articles 123 to 130), which is the Immigration Regulation.
Instruction DGI/SGRJ/10/2008, regarding temporary residence authorizations due to exceptional circumstances, for children of parents who were originally Spanish nationals.
What is Arraigo Familiar?
Arraigo Familiar is a temporary residence authorization granted to foreign citizens who are either parents of a minor of Spanish or European nationality or children of parents who were originally Spanish nationals. This permit is valid for one year, during which you can live and work in Spain, either as an employee or self-employed.
Like any other residence and work permit, you will need to renew it before it expires to remain legally in Spain.
Requirements for Arraigo Familiar:
To be eligible for Arraigo Familiar, you must meet the following criteria:
Not be a citizen of a European Union country, the European Economic Area, or Switzerland, or a family member of citizens from these countries who are covered by the Union’s regulations.
Have a clean criminal record in Spain and any previous country of residence for offenses under Spanish law.
Not be prohibited from entering Spain or listed as “not to be admitted” in countries with which Spain has an agreement to that effect.
Not be within the commitment period not to return to Spain that the foreigner assumed when returning voluntarily to their country of origin.
Fall under one of the following scenarios:
a) Being a parent, guardian, or caregiver of a minor of Spanish nationality, provided that the parent or caregiver has custody of the minor and lives with them or fulfills parental obligations towards them. Also, applies to individuals providing support to a Spanish person with a disability in the exercise of their legal capacity, provided that the supporting person has custody of the person with a disability and lives with them. In this case, a five-year authorization for both employed and self-employment is granted.
b) Being the spouse or registered partner of a Spanish citizen, or an ascendant over 65 years old, or a descendant under 21 years old, or over 21 years old if dependent on a Spanish citizen or their spouse/registered partner. A five-year authorization for both employed and self-employment is granted.
c) Being the child of parents who were originally Spanish nationals.
Applying for Arraigo Familiar for Having a Minor Spanish or European Child:
If you have a minor Spanish or European child, you can apply for Arraigo Familiar under the following circumstances:
Having a Spanish Minor Child:
a) If you live with your Spanish minor child, you can apply for Arraigo Familiar. It grants a residence and work authorization for five years.
b) If you do not live with your Spanish minor child, you can still apply by demonstrating that you fulfill your parental obligations, such as paying child support or maintaining visitation arrangements.
Having a European Minor Child:
If you have a minor child from an EU country (e.g., French, German, Italian, etc.), you can apply for Arraigo Familiar if you do not live with the child or lack the financial means to apply for a family member EU residence card.
Applying for Arraigo Familiar as a Family Member of a Spanish Citizen:
If you are a family member of a Spanish citizen, you can apply for Arraigo Familiar under the following circumstances:
Being the spouse or registered partner of a Spanish citizen.
Being an ascendant over 65 years old or under that age but financially dependent on a Spanish citizen or their spouse/registered partner.
Being a descendant under 21 years old or over that age but financially dependent on a Spanish citizen or their spouse/registered partner.
Applying for Arraigo Familiar as a Child of Former Spanish Nationals:
If you are a child of parents who were originally Spanish nationals, you can apply for Arraigo Familiar.
Documents Required for Arraigo Familiar Application:
To apply for Arraigo Familiar, you will need the following documents:
Completed and signed application form (EX-10) in duplicate.
Copy of your passport, travel document, or registration certificate valid for at least four months.
Criminal record certificate from the countries where you have resided during the last five years.
Documents proving the family ties and nationality:
a) For parents of Spanish or European minor children:
Birth certificate of the Spanish minor child, indicating family ties and Spanish nationality.
Birth certificate of the minor child from an EU country.
Proof of fulfilling parental obligations if not living with the child.
b) For family members of Spanish citizens:
Relevant documentation proving the family relationship.
Proof of being financially dependent if applicable.
c) For children of former Spanish nationals:
Birth certificate of the applicant.
Birth certificate or registration certificate of the Spanish parent, proving their former Spanish nationality.
Proof of living with the minor or fulfilling parental obligations.
Payment of the fee 790 code 052.
Please note that any documents issued outside Spain need to be legalized or apostilled and, if necessary, translated by a sworn translator authorized by the Ministry of Foreign Affairs, Cooperation, and European Union.
How to Apply for Arraigo Familiar?
You can apply for the Authorization of Residence due to Exceptional Circumstances (Arraigo Familiar) at the Foreigners Office in your area of residence. The application can be submitted either in person by scheduling an appointment or online through the Mercurio Platform, using your digital certificate.
Once you have submitted the application, you will receive a receipt of your Arraigo Familiar request, and you can track the status of your application online.
The Foreigners Office has a legal period of three months to process and respond to the application. If you do not receive a response within this time, it may be considered denied by administrative silence. However, some offices may experience delays in processing and resolving these requests.
Granting of Arraigo Familiar:
If your Arraigo Familiar is granted, you can reside and work in Spain without limitations. This permit allows you to work both as an employee and self-employed without prior authorization.
You can then apply for your physical residence card by submitting the following documents:
Application for Foreigner Identity Card (EX-17).
Proof of payment of the residence card fee.
Favorable resolution of your Arraigo Familiar.
Three recent passport-sized color photographs with a white background.
Denial of Arraigo Familiar:
If your Arraigo Familiar application is denied, you can submit an optional appeal for reconsideration within one month of receiving the notification. Alternatively, you can file a contentious-administrative appeal within two months of receiving the resolution.
Renewing Arraigo Familiar:
Although the procedure to obtain this residence authorization is relatively straightforward compared to other processes, you should pay special attention when renewing it.
If you obtained Arraigo Familiar as a parent of a Spanish minor or as a family member of a Spanish citizen (spouse, registered partner, parent, or child), the authorization is valid for five years. When approaching the expiration of your card, you must apply for the Long-Term Residence permit.
If you obtained Arraigo Familiar as a child of former Spanish nationals, your card will only be valid for one year. In this case, you can transition to a regular residence and work permit for:
Employment by others.
Self-employment.
Non-lucrative residence.
Conclusion:
Arraigo Familiar offers an exceptional opportunity for foreign citizens who meet specific family-related criteria to obtain a temporary residence permit in Spain. By understanding the requirements, following the correct application process, and renewing it on time, you can enjoy the benefits of living and working legally in Spain as part of your family unit. Remember to seek professional advice from immigration experts to navigate the process smoothly and ensure a successful outcome. If you need assistance with any immigration procedure or applying for Spanish nationality, trust our experienced team here at ProSpain Consulting to get that for you.