Application for Arraigo without Employment Contract

Applying for a Residence Permit for Roots in Spain

I) Attention to Article 123 of RD 557/2011. In accordance with the Ley Orgánica de Extranjería, article 31.3 of the Ley Orgánica 4/2000, of January 11, the authorization for exceptional circumstances due to social roots generally requires a work contract. However, there is the possibility of applying for social integration without a work contract, which is detailed below:

The most common application is for family dependency, such as father, mother, child, spouse or common-law partner. In these cases, the immigration office will evaluate the economic situation according to the requirements for family reunification. For two members of the family unit, the amount must be 150% of the IPREM (537.84€ in 2020). In addition, 50% of the IPREM is added for each additional member.

When submitting the application, it is necessary to prove the kinship relationship by means of birth, marriage or domestic partnership certificates. A criminal record certificate from the country of origin is also required. All this documentation must be legalized and apostilled. In addition, it is essential to have adequate housing, as this is essential for the approval of the arraigo. A social insertion report is not required.

As for proof of income, the application must be accompanied by an employment contract of the family member with a minimum duration of one year, the income tax return, the last pay slips and the family census registration. The residence permit only authorizes to reside legally. In order to be able to work, it is necessary to modify the residence permit.

II) To request roots for self-employed activity. It is required to have lived in Spain for three years without interruption. In addition, it is necessary to be in an irregular situation at the time of application and to prove financial means. It is also important to have financing, savings, a business plan and to comply with the activity licenses if required. You must have an authorized premises, administrative authorizations, homologation of qualifications, membership and permits in the case of professional activity. A social insertion report is also required.

Trust in Abogacía Extranjería. Do not hesitate to contact us for more information.

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