Until now, we have always considered the figure of arraigo laboral as the residence due to exceptional circumstances designed for those who have worked without an employment contract for a company. That is to say, not including those who had been self-employed.
But, is that still the same after the reform of the immigration law? Can freelancers or those who, having worked as independent professionals, have then fallen into an irregular situation, apply for the arraigo laboral? Let’s see the answer in detail.
The labor arraigo for freelancers after the immigration law update
The Spanish Immigration Law Update has brought many changes with it (which we sum up here).
And, undoubtedly, the figure of labora arraigo is one of the most affected permits.
So much so, that this type of arraigo has undergone a major change: while it was previously intended for those foreigners who had worked illegally without an employment contract for a company, now these cases are regulated under a new residence figure recently created.
We are talking about the residence for collaboration with the Administrative Authorities.
Thus, the labor ararigo can only be requested if the foreigner (now in an irregular situation) has previously worked legally; losing his residence afterwards.
This is undoubtedly a really notorious and important change, but we still have a doubt: what happens with self-employed workers?
Well, one of the great advantages and novelties brought about by this major reform is that self-employed workers or freelancers are finally included in the process of labor arraigo.
That is why, as we will now see, if you have been self-employed for at least 6 months and you are now in an irregular situation, you can apply for ararigo laboral successfully.
Requirements to obtain arraigo laboral as a self-employed worker
What is next is the list containing the main requirements to obtain the labor arraigo as a self-employed worker.
It will be key to understand this list fully, since this type of arraigo has undergone important changes that are mainly reflected in this list.
Thus, in order to be able to apply for labor roots as a self-employed worker:
- You must have remained in Spain for at least 2 years continuously prior to the arraigo application. This time can be accredited with any valid means of proof, such as, for example, your census registration, purchase tickets or receipts, etc. And it is understood as continuous residence a period of two years in which the departures do not exceed 90 days.
- You will have to prove that you do not have a criminal record for the past 5 years
- And, finally, you will have to demonstrate that you have carried out a professional activity as an independent professional with a duration of at least 6 months; and that these six months have been under a period of legal stay or residence.
In other words, the most important change is that foreign self-employed workers in Spain can now also apply for the “arraigo laboral” as long as they have worked 6 months legally, within the total of 2 years they have been in Spain.
Hence, as you can see, these 6 months of professional activity should not be fraudulent or not regulated at a legal level.
On the contrary, in order to be able to successfully obtain her legal status, the foreigner must have been registered as a self-employed worker and have made payments to the Social Security and Tax Authorities for a minimum of 6 months, and then enter into an irregular situation.
This would be, for example, the typical case in which the foreigner with a self-employed work permit forgets to renew her residency and lost it.
If you need help to successfully apply for your residence permit in Spain, do not hesitate to contact our team of immigration lawyers using the following form:
