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When a foreign citizen is in Spain in an irregular situation, under certain circumstances and fulfilling certain requirements, that person can obtain a residence permit for exceptional circumstances.
Among the main authorizations for residence due to exceptional circumstances, there are three that are the most common, or used: family roots, social roots and work roots.
Is common to confuse Arraigo Social with Arraigo Laboral
To avoid confusion, we explain what are the main differences between Arraigo social and laboral.
1) The first difference is found in the required time
in Spain:
To apply for a work placement we must accredit 2 years of previous residence in Spain.
To apply for social support we will have to prove 3 years of residence.
2) The second difference is the financial means
:
In order to apply for a residence permit due to exceptional circumstances of Arraigo social , we must prove that we will have the economic means to support us during the period of validity of the authorization. That is, we will have to provide a work contract or an activity project to work independently, as a self-employed person.
With Arraigo Laboral, on the other hand, we will not have to provide any contract or activity project to obtain our work authorization. However, it is necessary to prove that, for at least 6 months, we have been working without a work contract.
3) The third difference are the requirements
:
In Arraigo Social we need to prove that we have a financial means.
In arraigo laboral it will be necessary to provide the documentation that confirms that we have worked without authorization and without a contract.
For this, we must previously denounce the employer and provide documentation proving the existence of such labor relations, which may be:
For this, we must previously denounce the employer and provide documentation proving the existence of such labor relations, which may be:
- Judicial resolution or conciliation act in court that recognizes it, or
- Administrative resolution of the infraction report of the el Ministerio de Trabajo and the Seguridad Social.
This is the first post of our legal tech blog.
We believe that the legal system is changing and the old style law firms are in the trend of dissapearing. Therefore we are updating our services and we try to provide a more efficient way of communication and or giving support and information to customers.
For that we will provide online news regarding legal aspects that concern our customers.
Please keep looking at our website for updates
Feel free to contact us for information or to participate in the posts with your experience or consultations.
We believe that the legal system is changing and the old style law firms are in the trend of dissapearing. Therefore we are updating our services and we try to provide a more efficient way of communication and or giving support and information to customers.
For that we will provide online news regarding legal aspects that concern our customers.
Please keep looking at our website for updates
Feel free to contact us for information or to participate in the posts with your experience or consultations.
One of the common questions is... can I get papers by getting married? the answer is yes.
We will discuss in another post the Familiar de la Union card.
When we are married to a person who is Spanish or European, due to international conventions, we are entitle of getting the Familiar de la Union card. The same happens when we get married in Spain to a Spanish or European person residing in Spain.
Those who are living ilegally in Spain are entitled to get married.
After getting married the process is quite automatic and generally most of the applications are accepted.
The residence permite that you obtain is valid for 5 years and you will need to keep the marriage, live together etc.
Lastly, something that not many people knows is that you can also follow the same process by becoming a partner in law in a notary, instead of getting married, which makes the process quite simple.
Contact us for futher information..
