immigration procedures in madrid, Spain. lawyer Spanish nationality by residence

Types of Residences

• Initial Residency
• Residence due to Arraigo
• Self-employed Residence
• Community Family Residence
• Family Reunification
• Community Registration, Labor Registration
• Application for Spanish Nationality
• Family Roots

Procedures at Immigration Offices

From Abogacía Extranjería, we manage the procedure and follow-up of applications.

Residency by Arraigo: Requirements

lawyer for residency application in Madrid

To apply for the Residencia por Arraigo, the following requirements must be met:

1. 3 years of continuous residence in Spain, proving the permanence by means of proof and employment contract.
2. Arraigo Familiar: parent of a minor born in Spain with Spanish Nationality.

Residence Permit in Spain

The temporary residence permit allows you to stay in Spain for more than 90 days but less than five years. If you do not wish to work, you must apply for a visa at the Spanish diplomatic or consular mission. In exceptional cases, such as mobility difficulties, the application may be submitted through a legally accredited representative.

Temporary Residence Authorizations for Exceptional Circumstances

Authorizations may be granted under the following conditions:

• International Protection: For those who are in Spain for asylum or temporary protection.
• Humanitarian Reasons: For victims of serious crimes, serious illnesses or safety risks.
• Collaboration with Authorities: For those who collaborate in investigations.

Family Reunification

Organic Law 4/2000 guarantees the right to regroup family members in Spain, including spouse, minor or incapacitated children, dependent ascendants, and, in some cases, children of originally Spanish parents. The procedure includes presenting evidence of adequate housing and sufficient means to support the family.

Work Permits in Spain

Work permits in Spain are divided into:

• Employee: Initial permit for one year, with geographical and sectorial limitations.
• Own Account: Initial permit for one year for professional activities, with the possibility of renewal.
• Special Permits: Include temporary residence and fixed-term work.

Visa Denied

If a visa is denied, consult with a specialized attorney to explore options and avenues of appeal. The competent body may require the appearance of the applicant and a personal interview if irregularities are detected.

Renewal and Termination of Temporary Residence

Holders of an authorization for exceptional circumstances may renew it if the reasons for granting it are maintained. Renewal may be requested up to 60 days before the expiration of the current authorization. Authorizations due to arraigo will include a work authorization during its validity.

Labor Roots

In order to obtain an authorization for labor roots, it is necessary to prove a continuous stay in Spain for at least two years and to demonstrate valid labor relations. Consultation on the request of labor roots, very demanded among the asylum seekers. Telephone: 649117806, lawyer for residency procedures in Madrid.

Article 46. Procedure:

1. The temporary residence authorization for exceptional circumstances, without a visa, must be requested personally by the foreigner before the competent body, except for minors or incapable persons, for whom their legal representative may present. The application must be accompanied by:

• Passport or travel document valid in Spain with a minimum validity of four months. Exemptions may apply in specific cases.
• Employment contract signed for a minimum duration of one year, conditioned to the entry into force of the authorization.
• Documentation that accredits the situation specified in the previous article.

2. To prove the conditions of rootedness, it is required:

• Criminal record certificate for the last five years without convictions in Spain or in the country of origin.
• Judicial or administrative resolution that accredits the labor relationship in the case of labor roots.
• Report from a municipality detailing permanency, livelihood, language skills, and participation in insertion programs.
• Exemption from employment contract may be recommended if sufficient means of livelihood are demonstrated.

3. Victims of crimes of violent behavior in the family environment may submit the application after a court order of protection has been issued. Authorization is granted after a final judgment.

4. The competent body may require additional documents to support the application and will notify the applicant that, if the documentation is not provided within the specified period (maximum one month), it will be considered withdrawn and the procedure will be archived.

5. The competent body may request a personal interview with the applicant, with the presence of at least two representatives of the Administration and an interpreter if necessary. The minutes of the interview, which shall be given to the interested party, shall reflect the identity and validity of the documents. If there are doubts, a refusal will be recommended and the Directorate General of Immigration will be consulted. lawyer for residency application in Madrid

6. The resolution of the cases in paragraph 5 corresponds to:

• To the Secretary of State for Security for authorizations based on national security or collaboration with judicial authorities. A report from the Security Forces and Corps or tax authority must be attached.
• To the Secretary of State for Immigration and Emigration for collaboration with administrative authorities and reasons of public interest. The powers may be delegated to Government Subdelegates or to the Director General of Police.

7. The authorization to establish roots in Article 45.2.b is conditional upon affiliation and registration with the Social Security within one month of notification. The authorization will begin to count from the fulfillment of this condition.

8. Within one month of notification of the temporary residence authorization, the foreigner must apply for the foreigner’s identity card in person.

Renewal and termination of the temporary residence status due to exceptional circumstances:

1. Holders of an authorization granted by the Secretary of State for Security may renew it if the reasons for granting it persist. If these reasons cease to exist, they may apply for a new residence or residence and work authorization, complying with the established requirements, except for the visa.

2. Authorizations for exceptional circumstances in accordance with Article 45.3 shall be governed by the regulations on asylum and temporary protection for their renewal.

3. For authorizations granted for other reasons, according to article 98, the holders may apply for a new residence or residence and work authorization, fulfilling the requirements and permits necessary for the position.

4. Foreigners may apply for temporary residence authorization or its renewal up to 60 days before expiration. The application extends the validity of the previous authorization until resolution. It is also extended if submitted within three months after expiration, without prejudice to sanctioning procedures.

Labor Roots

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Temporary residence permits for exceptional circumstances:

According to Article 31.3 of Organic Law 4/2000, a temporary residence permit may be granted for exceptional circumstances, without bad faith on the part of the applicant.

2. Rooting authorization may be granted in the following cases:

• For labor roots, foreigners with a continuous stay in Spain for at least two years, with no criminal record and with an employment relationship of at least one year.
• Rootedness accredited by at least three years of permanence, no criminal record, employment contract of at least one year, and family ties or social insertion report.

Authorization is granted for reasons of international protection to persons authorized to remain in Spain by the Minister of the Interior, in accordance with Law 5/1984 and applicable regulations.

4. Authorization is granted for humanitarian reasons in cases of victims of serious crimes or situations of vulnerability, such as protection of minors and women victims of trafficking.

5. The resolution on the applications shall be adopted within a period of three months from their submission. If it is not notified, it shall be considered rejected by administrative silence.