If you are in Spain under an irregular situation and you have a parental relationship with an EU, EEA, or Swiss child you can apply for residency through family arraigo.
So whether you are the parent of a child in EU territory, his legal guardian, or caregiver, keep reading. Below we will explore all the assumptions and requirements in detail that you will have to fulfill to successfully obtain this arraigo.
The arraigo familiar is a residence authorization for exceptional circumstances geared towards parents of an EU, EEA or Swiss child; that allows you to live and work (both employed and self-employed) in Spain for 5 years.
After those 5 years are finished, you will have the possibility to apply for permanent residency.
The important thing is that the arraigo familiar process carries within a work permit. Hence, you are allowed to open your own company and work as a freelance professional or find a job and work for a company.
In addition, it is one of the residences for exceptional circumstances that offers greater advantages, since:
- It does not require you to prove you possess enough economic means
- It will not be necessary to demonstrate you have been for a minimum amount of time in Spain (unlike the rest of the residences)
The figure of Arraigo Familiar has been modified in the RD 1155/2024 and is well explained in the instruction SEM 1/2025.
Corresponding law & updated regulations
Where is the family arraigo regulated?
It is often very useful to go to the very source where the residence authorization we want to apply for is regulated. That helps the applicant understand its context and requirements in greater detail.
In the case of this type of family arraigo, where should we turn to?
In this case, we find 3 different sources:
- Organic Law 4/2000, of January 11, on Rights and Freedoms of Foreigners in Spain and their Social Integration (art. 31.3). This is known as the Immigration Law.
- The Regulation of Organic Law 4/2000, approved by Royal Decree 1155/2024 (articles 125 to 127). This is the Immigration Regulation, where we find, explained in more detail, all residence permits in Spain
- Instruction Instruction SEM 2/202, on temporary residence permits for exceptional circumstances, specifically on parental relationships involved in the solicitation of the family arraigo.
Who can apply for family arraigo?
- Parents or legal guardians of a child from any state (not Spain) of the European Union, the European Economic Area or Switzerland.
- Parents or legal guardians of a disabled person from the European Union (not Spain), the European Economic Area or Switzerland who is dependent on them.
Main requirements
Before moving on to the next section, it will be essential to clarify and fully understand the remaining requirements.
Now you know which are the different groups of people eligible to get the arraigo familiar.
Nevertheless, you should bear in mind that this process only works for non-European citizens. Non-EU citizens who are already in Spain (even if they are not legal residents), and that presents one of the two types of relation needed.
Furthermore, you can’t have entry to Spain forbidden if you want to get your application accepted; nor can you have criminal records for the past 5 years.
Where should I apply for this type of arraigo?
There’s an important difference here with the rest of Spanish permits.
You must initiate the application procedure from Spain. You can’t get a visa in your origin country in order to enter the Spanish territory and start the procedure there.
The foreigner wishing to get the arraigo familiar must be already in the Spanish territory. Maybe you entered as a tourist in the country or you did it under an irregular situation.
As we have seen, there is no need to demonstrate you have been in the country for a minimum period of time; hence this will not become any type of impediment.
For instance, and as long as you meet all the requirements, your authorization to live in the country will be granted.
Therefore, the main applicant (or her designated representative) will submit all the documentation at the Immigration Office located in the city in which she lives.
She must do it in person, as the telematic path is not available for the arraigo.
And here you have two options to submit all the required documents:
- Processing the application in person, after making an appointment at the immigration office
- Doing it online through the Ministerio de Política Territorial y Memoria Democrática (Mercurio).
How long does the process take?
Once you gather and submit all the required documents, the Immigration Office has 3 months in order to emit its response.
If, after those 3 months, you did not receive any update, that means that your application got denied. That is what is called denial due to administrative silence.
Also, don’t forget that if you would like to leave Spain during those three months in which your application is being processed, you will need to request an authorization to leave and come back to Spain (“autorización de regreso”).
Required Documents
Let’s now define which are the exact documents you need in order to apply for arraigo familiar:
- Your passport (complete) and a copy of it
- EX-10 form
- The corresponding fee paid (model 052)
- The document that accredits that you have your address registered in Spain (what is called “padrón”) jointly with the Spanish citizen
- Criminal records in the countries in which you have lived for the past 5 years
- Child’s birth certificate
- Documentation accrediting the disability of the Spanish citizen, or the need for support measures for the exercise of their legal capacity, as well as being in their care and living with them.
*Bear in mind that all the documents must be legalized in case your country is not part of the Hague Apostille agreement, or apostilled if it does.
Family arraigo approval
Have you received the notification from the Immigration Office with your positive resolution?
Congratulations!
That means that you have been granted an authorization to reside and work in Spain for a period of 5 years.
Next, you must carry out the following steps to finally get your physical residency card (called TIE):
- Make an appointment at the immigration office that corresponds to your address. Especially if you live in a large city like Madrid or Barcelona, keep in mind that this process can be costly due to the high demand for appointments.
- On the day of the appointment, bring your application form EX-17 completed, 3 passport photos, payment of the corresponding fee, and your favorable resolution
- Wait between 30 and 40 days to return to pick up your physical residency card, your TIE
Family arraigo rejection
For various reasons, you may also be denied family arraigo.
So what should you do then?
Firstly, read carefully the reasons why your family arraigo application has been rejected. Is there a problem with the documents you provided, or is it just a decision of the Administration?
If it is just a problem with one of the documents you needed to submit, do not worry. You will just need to correct the information and submit it again correctly.
If that i not the case, then you can file an appeal which, if successful, would result in the granting of your residency.
There are two types of appeal available:
- Reposition appeal (recurso de reposición): a one-month period since you had your resolution to be interposed.
- Judicial appeal (recurso contencioso administrativo): a two-month period from the date of the negative resolution to interpose it.
It is very important to object and argue correctly the reasons why you do not agree with the decision of the Immigration Office, so here it is essential to have the help of an expert immigration lawyer.
Arraigo Familiar Renewal
As we mentioned, the arraigo familiar will grant you the possibility to stay in Spain for 5 years.
Once the 5 years have been completed, it is possible to apply for long-term residence, which allows indefinite residence in Spain.
This authorisation allows the holder to live and work in Spain indefinitely, under the same conditions as Spanish nationals. It can be renewed for 5 years.
But in the second case is where we find some important requirements. Because for many it is much more complicated to renew this authorization rather than to get it in the first place.
Start your application now
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4 Replies to “Arraigo familiar in Spain: Requirements and Application Process”
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