What we used to know as “arraigo laboral” has greatly evolved extent thanks to the new reform of the Spanish immigration law.
So much so that a new figure known as the residency for collaboration with the administrative authorities or public interest has been created, and in this article, you will find everything you need to know about this new permit.
Requirements, application process and much more, get ready!
This new permit consists of a residence authorization for exceptional circumstances granted to those foreigners who collaborate and assist the labor authorities (by reporting an employer who has hired them irregularly), or to those who, in the public interest of the country, have been deemed to deserve to reside legally in the country.
Thus, it is a residence authorization very similar to the old arraigo laboral figure in that it also requires having worked irregularly for a minimum of 6 months and reporting your employer in order to obtain your residence.
However, there is an important difference.
The arraigo laboral required you to have been in Spain for a minimum of 2 years in an irregularly and continuously, while this new figure does not.
In this new case, it will only be necessary to demonstrate 6 months of work, regardless of the time you have been in Spain.
Thus, the most important requirement for completing this immigration procedure is to collaborate with the labor administration and obtain a favorable sentence after reporting the company or employer that has hired you during this period (without an employment contract).
What is the duration of this new permit for illegal workers?
When it comes to the characteristics of this card, we find an important difference according to the reason that made it possible to obtain it.
In the case the residency due to public interest, the Immigration Department will grant a 1-year residence permit that does not allow you to work. However, the foreigner may apply for a simultaneous work authorization, which will have the same duration as the public interest card.
However, in the case of a residence permit for collaboration with the administrative authorities (the most common case), we are talking about a 1-year residence and work permit, which will enable the foreigner to work both as an employee and as a self-employed worker.
Below you can find the complete list of requirements necessary to apply for this residence in collaboration with the administrative authorities:
- First of all, you must not have a criminal record in Spain or in any other country in which you have resided in the last 5 years
- You must not be a citizen of the European Union (since this procedure is relegated to non-EU citizens)
- You can’t have accepted a voluntary return situation and within the non-return period
- You are not prohibited from entering Spain¡
- You must demonstrate that you have worked for at least 6 months in the last year illegally (without a job contract)
- You must have collaborated with the administrative authorities, and as we have seen in the previous section, that demonstrated through a judicial sentence
Documents you will have to submit
Once you meet the requirements seen before, you will need to prepare all the documentation to enjoy a successful application.
What documents are we talking about exactly?
- The application is formalized by means of the EX-10 form
- In addition, you will need to submit a copy of your passport (all pages)
- Criminal records certificate
- You must also include a report from the relevant administrative authority proving that you have effectively performed the collaboration
- You must prove by using any means that you have worked for 6 months before the Labor and Social Security Inspectorate
- Payment of the fee Model 790 code 052, through epigraph 2.5 “autorización de residencia temporal por circunstancias excepcionales”
How long does this application take?
The procedure and its duration exactly the same as in any other procedure under the general immigration regime in Spain.
Once the application has been submitted, the administration has a total of 3 months to issue its response, starting the day after all the documentation has been provided.
If no response is received within this period, the application will be considered rejected by negative administrative silence.
Once a positive resolution is received and the file is approved, the foreigner will have one month to apply for her TIE or physical card at the Immigration Office or Police Station in the same province where she submitted her application.
Since this is a completely new procedure, it is likely that you will have doubts. Thus, our team of lawyers is at your disposal to give you legal advice on any immigration procedure: