Many foreigners who are under an irregular situation resort to social arraigo in order to obtain legal residency in Spain.
That is because, if they have been in illegally in the country for 3 years, they can obtain their card as long as they meet certain requirements.
These requirements include proving that they have actually lived in Spain during this three-year period, the insertion within the Spanish society through the report of social arraigo, the lack of criminal records, and finding a valid job offer.
And this last requirement is the one that raises a lot of doubts: is it possible to apply for the arraigo social without having a work contract?
In this article you will find the answer.
Yes, it is possible.
Although it is true that the general rule states that arraigo social must be obtained by means of an employment contract (which must be at least a 1-year contract); it is possible to formalize this procedure without one.
How can that be done?
There are two options are available:
- Through self-employment, if you start your own professional activity as an independent worker.
- Arraigo through your own economic means, in case you or your relatives have sufficient funds so you don’t need to work.
It is true that these two ways make the process a little more complex, especially if we consider the self-employment path.
However, they are usually a perfect alternative for all those foreigners who find it difficult to get an offer that meets all the necessary requirements.
Please note that you will not be able to work for a company in any of these cases. You will just be able to perform economic activities as a self-employed worker in the first case, while the second one does not allow you to work in any way.
Remember that if you have any doubts, our lawyers will answer immediately:
Social arraigo as a self-employed worker
Through this option, the foreigner under an irregular situation could register as self-employed and start working independently instead of finding a job offer.
That allows you to avoid the tedious process of finding a valid offer for a year, something that is usually quite difficult nowadays (specially being a foreigner in the country).
Requisitos para el arraigo social por cuenta propia
What are the requirements to apply for this self-employed process? The same as those for the regular self-employment work permit:
First of all, you will have to prepare and structure your business idea or services that you are going to provide.
You will have to define every single detail through a business plan, in which you will demonstrate the viability of the business idea. That is to say, including an operational plan, marketing plan, financial projection, etc.
On the other hand, it will be important to demonstrate the possession of sufficient economic means to start up the business, to maintain it for at least one year, and to support yourself in the country (as the foreigner applying for arraigo) during this period.
Since the costs of working as an independent professional are not excessively high, you will mainly have to demonstrate 100% of the monthly IPREM multiplied by 12 months (which will be equivalent to about 7.000€), plus the expenses of setting up and maintaining the business.
In total, the amount to demonstrate to obtain this self-employment arraigo could be between €10,000 and €12,000.
Finally, you will also have to provide documentation proving that you have sufficient qualifications or training to carry out this specific business activity.
Social arraigo with your own financial means
In this case, you will get your arraigo as long as you can demonstrate the possession of sufficient economic means to stay in the country for one year without the need to work.
In other words, that you depend neither on an employment contract nor on carrying out an entrepreneurial activity on your own.
And these funds can be directly possessed by the main applicantt, although it is also possible that the direct relatives with whom he/she lives (who must be legal residents) are the ones providing them.
That is to say, for example, the parents or the spouse with an employment contract who live together with the applicant and who can support him/her.
It is true that the exact requirements are very similar to those for family reunification (150% of the IPREM).
However, under this path the particular case and the specific circumstances of the applicant will be evaluated to verify if he/she meets all the necessary requirements.
That is, the immigration office will evaluate with how many family members he/she lives, what type of relationship do they have, their condition, etc.
Later on, it will be possible to change to self-employment or employment work permit if a job offer is found.
Start your application here
You may still have doubts, or you may prefer to have our expert team of lawyers legally assist you and manage the entire procedure on your behalf.
That way you will make sure to enjoy a successful application, saving time and money.
If that ist he case, do not hesitate to get in touch. We are at your disposal 24/7: