Have you been living in Spain in an irregular situation while also working in the country? Then it is very likely that labor arraigo is your best option to legalize your situation. In this article we will explore everything you need to know about this immigration procedure.
The labor arraigo (or arraigo laboral) is a type of residence under exceptional circumstances that can be obtained by foreigners who have resided in Spain for 2 years, and are currently in an irregular situation.
In other words, it is the procedure that allows foreigners who have lost their papers, and have been in Spanish territory for 24 months to regularise their situation and obtain a regular residence permit.
Nevertheless, unlike the other two types of arraigo procedures, this one presents a particularity that makes it a little more complex.
In order to apply for a work arraigo, the foreigner must demonstrate an employment relationship of at least 6 months, 30 hours a week. In other words, during the two years that they were in Spain, they must have worked legally for at least 183 days.
Related laws
The specific immigration laws that regulate this procedure are specified through the Organic Law 4/2000, in Royal Decree 557/2011.
Main differences with social arraigo
While it is true that both types of arraigo involve an employment contract and hence many people tend to confuse them, these are two totally different procedures.
So, what are the main differences between them?
Firstly, the years the foreigner must have lived in Spain. While for the labor arraigo that is only 2 years, for social arraigo you must have lived 3 years in the country.
On the other hand, considering the job, the situation is also different.
As we have already mentioned, in order to get work arraigo you must have legally worked in Spain prior to the application. This is not the case with social roots, whose main requirement is to have a job offer from an employer.
In other words, if you want to apply for social roots you don’t need to have worked in Spain, but you do need to consider doing so immediately thanks to the offer you have received.
Do you have any doubts? Get in touch with our immigration lawyers and receive personalized legal advice and all your doubts solved:
Main requirements
Which are the requirements you must meet in order to apply for this type of arraigo?
- Not having criminal records, either in Spain or in your country of origin, or wherever you have been living for the past 5 years.
- Not being an EU citizen
- Not having relatives in Spain, since that way you should opt for family arraigo instead.
- The most important one: to demonstrate the working relationship. That is to say, that you have worked legally in Spain for a minimum of 6 months, 30 hours a week. Or, for a minimum of 12 months, 15 hours a week.
- Copy of your complete passport.
- NIE number if you ever had it.
- Padrón, with which you will be able to demonstrate that you have been in Spain for 2 years. If you have been less than 2 years in the country, is it possible that soon you may be able to benefit from a new residency very similar to this type of arraigo but without those 2 years as a requirement. You can learn more about this update here.
- Any other type of proof regarding the duration of your continued stay: such as health cards, entry stamp, etc.
- Payment of the corresponding fee.
- Form EX-10
How can I demonstrate the labor relationship?
As we have mentioned, you must have been working legally, which implies a job contract. You can present this contract to demonstrate the labor relationship.
The foreigner can also prove the required minimum of 6 months through the employment history report.
This is what happens with many red cardholders who apply for labor roots.
Can I apply for labor arraigo as a self-employed worker?
So far we have talked about the case in which the foreigner has worked with a job contract for a company, but what happens if he/she has worked as a self-employed worker?
Well, after the latest update of the immigration law, now the self-employed can also apply for labor arraigo.
They must prove continuous work activity for at least 6 months.
Application procedure step by step
Once you have all the above-mentioned documents and meet the requirements, you must go to the immigration office to formalize the application.
The administration has 90 days to respond after receiving your application.
Once you receive a positive response, you will have 1 month to go and pick up your TIE or physical residence card.
Please note that this authorization allows you to live in Spain for 1 year.
After this period, you can make a renewal. But for that it will be very important to have been contributing to social security; that is, to have been working for a company. You can access here a complete guide on how to renew your labor arraigo.
Start your arraigo laboral application here
Now that you know all the requirements, are you in the right position to apply for arraigo laboral?
Then don’t wait any longer. Our team of immigration lawyers will carry out all the legal procedures for you.
And if you still have doubts or would like to explore other ways to get the residency, we will answer all your questions in depth:
Get in touch with our lawyers and let us guide you step by step:
