Know the requirements and the procedure to request residence for social roots in Spain.
The Spanish legislation on Foreigners considers, within the cases of residence permit due to exceptional circumstances, the so-called social roots. This is the one used in most cases by people who have remained in Spain irregularly and want to legalize their situation.
Requirements to obtain residence in Spain by social roots
1- Have remained on a continuous basis in Spain for a minimum period of three years.
For this requirement to be met, absences from Spain during this period can not exceed 120 days.
How to prove this permanence in the country? It is important to emphasize that the entry stamp in the passport is not enough. It is necessary to have documents that come from Spanish public entities. The fundamental test, which the Immigration Offices give as sufficient, is the enumeration. It does not matter if during those 3 years you have been registered in different town halls. In effect, the substantial thing is that the sum of the periods totals at least those 3 years and that they are continuous.
2- Have family ties (spouse or registered domestic partner, ascendants or descendants in first grade and direct line) with other resident aliens or Spaniards.
What documents prove these links? The corresponding certificates of birth, marriage, etc., that demonstrate the link, and the proof (through the census, for example), that these relatives live in Spain (they do not necessarily have to reside in the same home).
If there are no family ties, this requirement can be replaced by a report that certifies the social integration of the applicant, issued by the Autonomous Community (or the City Council if the Autonomous Community has authorized it), in whose territory has its habitual domicile.
3- Have a work contract signed by the worker and employer, for a period of not less than one year.
The company or employer must be registered in the Social Security, as well as be up to date with the fulfillment of their tax obligations and Social Security.
The contract must have a clause that holds its validity to obtain the corresponding work and residence permit by social roots.
It is important to note that the Immigration Offices review in detail both the company is up to date with tax obligations and Social Security, as well as its economic solvency, the number of workers it has, the number of years it has been working, and so on. This is one of the main causes of denial of this request.
It also admits the presentation of several contracts in the same occupation, working simultaneously for more than one employer, all of minimum duration of one year and whose sum must represent a weekly workday not less than 30 hours in overall computation.
Is there another option instead of the employment contract? Yes, the immigration office may exempt the presentation of the contract if it is proven that:
a- sufficient economic means are available, such as rents, bank deposits, etc. (or if the spouse has an employment contract, for example), or
b- that said income derives from an activity on its own account.
In both cases, a social integration report issued by the Autonomous Community (through the social services of the town council where the applicant resides) is necessary.
4- Other requirements
-Do not have a criminal record either in Spain or in the countries where you have previously resided.
– Be a citizen of a country that is not part of the State of the European Union, of the European Economic Area or of Switzerland, or family member of citizens of these countries to which the regime of citizen of the Union applies.
– lack of a prohibition of entry into Spain and not appear as rejected in the territorial space of countries with which Spain has signed an agreement in this regard.
– Not being found, as the case may be, within the term of commitment of non-return to Spain that the foreigner has assumed upon voluntary return to his / her country of origin.
Procedure to obtain residence in Spain by social roots
It is processed through a request that must be made by the beneficiary of the permit, that is, the interested party.
It is presented, together with the documents that show that the requirements are fulfilled before the Immigration Office of the province of residence.
In most provinces you must request an appointment via Internet.
In addition, a fee of 36.78 euros must be paid.