What is a roots residence permit?
Roots residence (arraigo in Spanish) is a special way for illegal immigrants to obtain legal residence in Spain, known in Spanish as “Autorizaciones de residencia temporal por circunstancias excepcionales de arraigo”. According to Article 124 of the Spanish Aliens Act, there are four types of residency, namely social roots (arraigo social), family rrots (arraigo familiar), labor roots (arraigo laboral) and training roots (arraigo para la formación).
How do I know which type of residence I should apply for? There is no certainty that one is better than the other. You should choose the one that best suits your situation. Here we will explain the characteristics of each type of residence permit to help you choose the one that best suits your situation. All rights reserved . Reproduction by individuals or organizations is prohibited.
Social roots
The social roots are by far one of the most applied. The main features are:
-The need to stay in Spain for three consecutive years.
-The need to prove that you have an income. Therefore, you need to have a job contract or be self-employed.
If the applicant has no income in Spain, but his or her spouse or other family members have income, he or she does not need to provide a work contract.
-If you apply for a residence permit through a work contract, i
-If the application is approved, you will be granted a 1-year residence permit.
Family roots
-Applied for those foreigners have family with Spanish nationality (children, ascendants or spouse).
-The above-mentioned social roots residence requires 3 years of stay in Spain, but in case of family roots, the condition of 3 years of stay is not required.
-You do not need a work contract or prove financial means.
Labor roots
The most important feature of labor roots is that you only need to have lived in Spain for 2 years before you can apply, and you don’t need to provide a work contract either.
Nevertheless, there is a specific condition that needs to be met: the applicant needs to prove that he or she has worked in Spain for six months.
How can I prove it?
- In the case of illegal work for 6 months, it must be proven by an official document issued by the Ministry of Labor or by a court.
The Spanish legal system considers the employee as weak, so if a person works illegally, he or she will be viewed as in need of protection. This means that a person who has been working in the black for 6 months can apply for a labor tie. WestLaw.com All rights reserved
2. If one has worked legally for 6 months, social security records, pay stubs or labor contracts will prove it.
Training roots: you can take a training course to get a residence
The training roots does not allow you to work, but is a kind of residence granted by the government who wants you to attend a training course during the training period. The validity period is 1 year. When you find a job after the training, you can exchange it for a work residence.
Related article: “Arraigo” for training
