Irregular in Spain
How many ways are there for immigrants without legal residence in Spain to obtain legal status? The situation of not having a residence can be various, it can be the extension of the residence is refused, it can be the expiration of the previous visa etc.
Today we will explain to you how you can obtain legal residence if you are already in Spain.
Arraigo (residence permit by roots)
Arraigois a special way for illegal immigrants in Spain to obtain legal residency, known in Spanish as “Autorizaciones de residencia temporal por circunstancias excepcionales de arraigo”. According to article 124 of the Spanish Aliens Statute, there are four types of arraigo:
Social roots: you need to have been in Spain for 3 years and have proof of financial means (either a work contract, a business plan or financial help from family members).
Labor roots: you need to have been 2 years in Spain. The applicant needs to prove that he/she has worked in Spain for six months.
Family roots: no work contract or proof of financial capacity is required, and you do not need to have been in Spain for 3 years. It is necessary to have children, parents or spouse with Spanish nationality.
Training roots: you need to have been 2 years in Spain and enrol in a training program.
Related article:“Arraigo” for training
EU Family Residence
If you are married to or cohabit with a Spaniard or a person with European Union citizenship, you can apply for European Union Family Roots. There is no residence requirement and no strict financial capacity requirement. The Spanish or EU citizen only needs to prove that he/she has a job or has a minimum income to support himself/herself.
Can I apply for a non-profit residence permit?
No. It is not possible to apply for a non-profit residence in Spain illegally.
Is it possible to apply for an Investment Residence (Golden Residence)?
No, it is not possible. It is not possible to apply for investment residence in Spain illegally.
Is it possible to apply for family reunification?
No, it is not possible. Family reunification refers to the application of family members who are in the country to Spain, and is not applicable if they are already in Spain.
Refugee Certificate (asilo)
The Spanish Constitution states that refugees can come to Spain to seek asylum. Once the application for asylum has been approved, the person concerned acquires the status of asylum seeker (“condición de refugiado”). This status (or refugee card) allows the person to live and work in Spain.
According to Article 3 of the Spanish Asylum Law, a refugee is a person who has been persecuted because of social conditions such as race, religion, nationality, political beliefs or sexual orientation.
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