If you had any doubts, in this article we solve them all. We are about to analyze the main requirements for one of the most requested immigration procedures, and we will understand if it is really possible to apply for the labor arraigo with the red card, and under what specific conditions. Everything here!
Applying for arraigo laboral has always been a complicated option, since the cases in which the foreigner could apply for it were very particular.
In the first place, she had to have been in an irregular situation in Spain for at least 2 years, and not have criminal records.
But, in addition, she had to prove that she had been working for at least 6 months for a Spanish company, a point that usually generates the most problems.
For this, one of the following two options is required:
- Prove the employment relationship through a labor inspection
- Or to do it through a sentence issued by a judge
However, there is another scenario that allows proving this employment relationship through other proof methods, and this is where asylum seekers benefit the most.
Apply for labor arraigo with a red card
Thanks to a recent sentence from the Supreme Court in Spain, it is also possible to prove the employment relationship through other means of proof.
This is when we start to find as a possible scenario when obtaining arraigo the case in which the foreigner has submitted his asylum application, and has been working with her red card, legally.
However, the asylum application has been rejected (she has fallen then under an irregular situation), but she is still able to prove that she has worked for those 6 months necessary for the labor arraigo process.
This sentence from the Supreme Court welcomes this group of foreigners, since they do not have to prove their labor relationship through any inspection.
That is because, in this case, as they have been registered in the Social Security while being holders of the red card, they can demonstrate this necessary temporary period of time through the Working History Report in a much easier way.
The question is, is it possible to apply for this arraigo when the red card is still valid?
Let’s answer this question that generates so many doubts.
Can you submit your arraigo laboral application while you are still the holder of a red card?
The doubt that many arraigo applicants have is whether they can do so when their red card is still valid and the asylum application has not been rejected or approved.
Until now, the answer was clear: no.
It was not possible to apply for asylum while holding a red card, since holding a red card implies being in a regular situation (and one of the requirements for any type of arraigo is that the opposite is true).
It was not possible to have both applications processed simultaneously.
However, after a controversial instruction from the Secretary of State for Migration a few months ago, this is no longer so categorical.
What does this press release say? The following:
“In this sense, and although the procedure for foreigners and the one that frames international protection respond to two different realities, the Secretary of State for Migration considers, based on Article 123 of the Immigration Regime, that applicants for international protection may request, due to exceptional circumstances, a temporary residence permit on the grounds of arraigo”
Thus, this note would leave open the possibility of requesting labor arraigo (also the social one, since it does not specify which figure it would be) being a holder of the red card.
But we must be cautious. This is a press release, not an instruction or law. Therefore, it is not binding and has no legal effect.
The best course of action? Wait for the asylum decision, and only then apply for the arraigo.
For practical purposes, the option to apply for this arraigo would not be lost, regardless of the outcome of the asylum decision.
Remember that if you have any doubts regarding any immigration issue or would like to receive personalized legal advice from our immigration lawyers, we are at your complete disposal.
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