Residency through arraigo is undoubtedly an ideal option for many foreigners who are in Spanish territory under an illegal situation. This procedure for exceptional circumstances allows them to regularize their situation and obtain a residence and work permit. And all this without the need to return to their country of origin.
The most important requirement to complete this process is to have stayed for long enough in Spain (albeit illegally). More precisely, we are talking about a total of 3 years.
But, is it possible to apply for the arraigo in less time? Is it possible to apply for arraigo before the famous 3 years?
Let’s find the answer.
Can I apply for arraigo in less than 3 years?
The answer is yes, it is possible to obtain arraigo in 2 years or even less (as long as the rest of the requirements we will see below are fulfilled).
So why do many foreigners have this doubt, and where does the idea of 3 years come from?
The problem in this situation is that many tend to assume that the arraigo social is the only residency for exceptional circumstances that exists, when the reality is that we currently have 3 more figures.
That is to say, while it is true that in order to obtain the arraigo social the minimum time of continuous residence (although not legal) required is 3 years, you can still apply for the rest of arraigos sooner.
Therefore, unless you are going to apply for the social one, it is entirely possible to obtain arraigo before the 3 years: applying for the labor arraigo, arraigo for training, or family arraigo.
Below you will find the details of each of these options, but, once again, bear in mind that for the social arraigo it is an indispensable requirement to have been in Spain for at least 3 years prior to your application.
Your 3 options to obtain arraigo before 3 years
Let’s take a look at the 3 residencies through arraigo that you will be able to apply for in less than 3 years in Spain while being under an illegal status.
Arraigo for studies
The first option to obtain the arraigo in less than 3 years is the arraigo for training (“arraigo para la formación”).
This figure of residence for exceptional circumstances (created recently) grants a residence permit of up to 18 months for those foreigners who have been in Spain for the last 2 years in an irregular situation.
In addition, it is essential that they commit to starting a training course that will allow them to obtain a title and a specialization for the exercise of a specific profession.
This training cannot be just any, and if you want to get this permit you must make sure that your cousre is within the list of recognized and official courses for this procedure.
The next option is the arraigo laboral or labor arraigo, perhaps the most complex in terms of requirements.
On the one hand, it requires a total of 2 years in Spain, of which you must have worked for a minimum of 6 months (legally).
This would be the ideal option for all those who, for example, were holders of a residence and work authorization that expired and subsequently dit not renew, thus acquiring illegal status.
Finally, we find the family arraigo, perhaps the most advantageous of all, since first of all, it is not a residence authorization for 1 year, but for 5 years, which also allows you to work.
But, in addition, not it requires a period of residence of fewer than 3 years, but the truth is that it does not require any minimum (you will just need to be in an irregular situation at the time of the application).
In this case, the most important requirement is to be a family member of a Spanish citizen (whether father/mother, child, spouse, etc.).
In addition, after the reform of the immigration law, it is also possible to apply for family arraigo if you are a foreigner taking care of a Spanish person with a disability.
For any arraigo option, how can you demonstrate your residence in the country?
Now you have a clear idea of how to get your arraigo in Spain in 3 years or less, and you have been able to understand the main requirements under the different available options.
However, with the exception of family arraigo, the other 3 types of residencies require a minimum period of time in Spanish territory.
The question we must ask ourselves then is how to prove that you have indeed been in the country during this period, as it is the fundamental requirement for this procedure.
Fortunately, there is no fixed answer, as the Spanish regulations admit any valid proof.
This will often be the empadronamiento (which you should get as soon as possible when you arrive in Spain), but it is not the only method.
You can also use electricity bills or receipts, gym receipts, etc.
That is to say, any proof that allows demonstrating that you have actually stayed in Spanish territory will be valid and you will have to provide it.
And remember that if you still have doubts or you would like our expert immigration lawyers to evaluate your situation in order to guide you step by step, do not hesitate to contact us below.
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