How to obtain residency through Family Arraigo in Spain.
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In this post we cover the following: (click any section to see its content)
Top methods of obtaining residency through arraigo familiar in Spain:
- ARRAIGO THROUGH HAVING A MINOR CHILD WHO IS SPANISH OR AN EU-COMMUNITY MEMBER »
- ARRAIGO THROUGH BEING SPANISH OF ORIGIN »
- ARRAIGO THROUGH FAMILY-ROOTS FOR RELATIVES OF SPANIARDS »
- NO CRIMINAL RECORD »
- BEING IN SPAIN »
- PREVIOUS TIME IN SPAIN »
- ARRAIGO THROUGH FAMILY ROOTS WITHOUT A WORK CONTRACT »
- RENEWING FAMILY ROOTS »
- FAMILY ROOTS AND IMMIGRATION REGULATIONS REFORM »
- SEEK ADVICE FROM A SPECIALIST »
ARRAIGO THROUGH HAVING A MINOR CHILD WHO IS SPANISH OR AN EU-COMMUNITY MEMBER:
The first circumstance under which you can obtain a Residence Authorization for Exceptional Circumstances is by having a minor child who is Spanish or a community citizen.
If you have a Spanish child:
The first circumstance to be eligible for this Family Roots is having a minor child who is Spanish and with whom you live or for whom you fulfil parental obligations.
In this case, it is very important to prove two situations:
• Being a parent of a Spanish minor with whom you live.
• If you don’t live together, you need to prove that you fulfil your parental obligations to the Spanish minor.
Important Note*
With the latest regulation reform in the law, a new provision has been introduced for Family-Roots residency. A person supporting a Spanish national with a disability in exercising their legal capacity can apply for Family-Roots, provided that the applicant supporting the person with a disability is responsible for and living with them.
Parents of a community child, if you have a child who is a community member, i.e., has German, Italian nationality, etc., you can apply for Family Roots in two cases:
• If you do not live with your child, who has nationality from one of the European Union countries.
• If you live with the minor but do not have the financial means to apply for the Community Card as the parent of a minor community child.
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ARRAIGO THROUGH BEING SPANISH OF ORIGIN:
The other circumstance under which you can obtain this authorization for Family Roots is if you are the son or daughter of a parent who was originally a Spanish citizen.
Here, you must bear in mind that, necessarily, your father or mother must be Spanish, and it must be an original nationality.
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ARRAIGO THROUGH FAMILY-ROOTS FOR RELATIVES OF SPANIARDS:
The second circumstance under which you can apply for Family Roots is if you are:
• Being a spouse or registered partner of a Spanish citizen.
• Ascendants over 65 years of age or under that age who are financially dependent on the Spanish citizen or their spouse or registered partner.
• Descendants under 21 years of age or over that age who are financially dependent on the Spanish citizen or their spouse or registered partner.
A residence and work permit for five years will be granted in these cases.
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NO CRIMINAL RECORD:
One of the common requirements today to obtain a residence and/or work permit in Spain is to have no criminal record in Spain and in your previous countries of residence for offenses existing in Spanish law.
To prove compliance with this requirement, you must submit, along with the rest of the documentation, a Criminal Record Certificate issued by the authorities of the country or countries where you have resided during the last five years prior to entering Spain. Additionally, please note that this document or documents must be properly apostilled or legalized, and, if necessary, correctly translated by a sworn translator authorized by the Spanish Ministry of Foreign Affairs, European Union and Cooperation.
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BEING IN SPAIN:
To apply for Family Roots, it is necessary that you are in Spain. This type of authorization must be processed at the Foreigners’ Office in the city where you are registered. Therefore, if you are outside our country, you cannot obtain a specific or specific visa from the Spanish Consulate to come to Spain.
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PREVIOUS TIME IN SPAIN:
Is it necessary to live in Spain for a specific time before applying for Family Roots? No.
Unlike what happens with other types of Roots, such as Social Roots or Labor Roots, it is not necessary to prove a previous time in Spain to apply for this permit.
You simply need to have your residence established in Spain, but it is not necessary to live in Spain for 2 or 3 years, as is the case with other permits.
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ARRAIGO THROUGH FAMILY ROOTS WITHOUT A WORK CONTRACT:
One of the great advantages to process Family Roots is that you do not need to provide a work contract or a job offer to obtain this residence and work permit in Spain.
Unlike what happens with most permits in Spain, as we mentioned, it is not necessary to provide a job offer or a work contract. You also do not need to submit a business project or have your own financial means.
The greatest advantage of Family Roots is that you only need to prove the bond with the Spanish or community minor or prove that you are the son or daughter of parents who were originally Spanish.
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RENEWING FAMILY ROOTS RESIDENCY:
The residence authorization for exceptional circumstances, Family Roots, is a relatively easy authorization to obtain, but sometimes it is difficult to renew.
If you have obtained this type of permit for being the parent of a Spanish child, being a spouse, parent, or child of a Spanish citizen, the authorization granted is valid for 5 years and allows both working for others and being self-employed.
On the other hand, if you have obtained Family Roots for being the child of a parent who was originally a Spanish citizen, the validity of the card varies, and it lasts for one year. It is important here that you have worked during its validity in order to renew it without any problems. You will be required to have worked during this year, have a work contract, be self-employed, or have your own financial means.
It is very common to find people who have easily obtained this Family Roots but then struggle to renew this card, as they have not been registered with Social Security, either as a self-employed or employed workers. Similarly, it is also difficult at certain times to prove one’s own financial means to renew this card, which automatically puts them in an irregular situation for not being able to renew these cards.
For all these reasons, it is important to keep in mind that you will have to renew, and meet certain requirements.
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FAMILY ROOTS AND IMMIGRATION REGULATIONS REFORM:
You must bear in mind that on August 16, 2022, the reform of the immigration regulations came into effect, and with this new reform, both Family Roots and other authorizations have been structured and configured differently.
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SEEK ADVICE FROM A SPECIALIST:
Before starting with your application to obtain residency through Family Arraigo in Spain, seek advice. It is important that you have all the information related to your family roots, as well as the renewal of this card, so as not to become irregular in Spain in the future.
Please see-here our video-blog with options and legal-advice to obtain residency in Spain.
OBTAIN RESIDENCY THROUGH ARRAIGO:
Do you need legal assistance to obtain residency in Spain through arraigo?
We are a Spanish Solicitor and assist our clients with all types of residency applications.
Permanent residency is obtained after 5 years of Spanish Residency through Self-Employed Residency, Digital-Nomad, Non-Lucrative Residency or Golden-Visa. This followed by 5 years as a permanent resident in Spain and means you can then obtain Spanish Citizenship with a Spanish Passport.
