Arraigo: Types and Requirements

1. Introduction to the New Immigration Regulatory Framework

Temporary residence for exceptional circumstances on grounds of arraigo is an authorisation granted to foreign nationals who are in Spain and have developed economic, social, family, employment or training ties with the country.

The recent approval of the Immigration Regulations represents a reform to simplify procedures, provide legal certainty and protect fundamental rights. Arraigo is now the main regularisation mechanism, eliminating duplication and facilitating integration.

2. The 5 Types of Arraigo under the Current Regulations

The 2024 Immigration Regulations structure arraigo into five technical modalities enabling foreign nationals to obtain a residence and work authorisation:

• Social Arraigo: For those who can prove ties of integration into Spanish society.
• Sociolabour Arraigo: Specifically designed for insertion into the national labour market.
• Family Arraigo: A strengthened protection figure for ties with Spanish citizens or residents.
• Socio-training Arraigo: Conditional on a commitment to undertake regulated training that facilitates future employability.
• Second Chance Arraigo: Introduced as a new figure in the 2024 reform, expanding the routes to recover or stabilise the legal status of those who previously had ties with the system.

3. Characteristics and Validity of Authorisations

The reform standardises the validity periods of authorisations to avoid administrative precariousness. While the general rule for initial authorisations is one year, the legislator has provided a significant exception for the family sphere.

Technical note: Subsequent renewals of these authorisations will generally be extended to four years, providing unprecedented stability for residents and employer companies.

4. General Requirements and Procedures for the Application

The key points of the process are:

• Presence in Spain: Being in Spanish territory and not holding the status of applicant for international protection at the time of submitting the application or during its processing.
• Continuous stay: Having remained in Spain continuously for at least the two years immediately prior to submitting the application. Note: This minimum two-year stay is not required for the family arraigo modality.
• Absence of criminal record: Not having been convicted of offences in Spain or in countries of residence during the five years prior to entry into the country.
• Security and public order: Not representing a threat to public order, internal security or public health.
• Not listed as inadmissible: Not appearing as inadmissible in the territorial area of countries with which Spain has agreements (Schengen area).
• Non-return commitment: Not being, where applicable, within the non-return commitment period to Spain.

5. Family Arraigo: Special Protection

Under the new regulations, Family Arraigo is primarily oriented towards protecting the nuclear family and preventing fraud through specific technical requirements:

• Reunification of Descendants: The age of children who may be reunited is significantly extended to 26 years.
• Independent Resident Status: To prevent system abuse, foreign nationals who obtained their residence through a previous reunification must achieve independent resident status (with their own residence and work authorisation) before they can in turn exercise the right to reunite other family members.
• Stable Partners: The right of unregistered partners is recognised, provided a stable affective relationship is reliably proven.
• Protection against Vulnerability: A special residence regime is granted to children and parents of victims of human trafficking, sexual or gender-based violence.

6. Considerations on the Sanctions Regime and Arraigo

Regularisation through arraigo is the appropriate technical route to avoid the serious consequences of the sanctions regime under Organic Law 4/2000. The system classifies offences according to their severity and impact on public security:

1. Minor Offences: Fines of up to €500. Includes minor delays in notifications of change of address or civil status.
2. Serious Offences: Fines of €501 to €10,000. This category applies to being irregularly in Spain, whether for lack of a permit or for having it expired for more than three months without having applied for renewal.
3. Very Serious Offences: Fines of €10,001 to €100,000. Mainly linked to external State security or participation in activities contrary to public order.

Expulsion as the Maximum Sanction: For serious or very serious offences, the Administration may opt for expulsion from the territory instead of a financial penalty. This measure is the most severe sanction and entails an entry ban of between three and ten years. Therefore, the new arraigo routes are essential for foreign nationals to mitigate this legal risk and access a status of full legal certainty.