Arraigo in Spain: All Types, Requirements and Differences
If you are in Spain without a valid residence permit, there is a permanent legal route out: arraigo (residency by rooting). It is not a one-off amnesty — it is a stable mechanism that RD 1155/2024 has updated with five types, shorter waiting periods and the right to work in every category.
What is arraigo and how does it work
Arraigo is a temporary residence permit granted on exceptional grounds to foreign nationals present in Spain without a valid authorisation. It is issued not because a person entered Spain through regular channels, but because they are already here and have demonstrated a link to Spain — through work, social integration or family ties.
Legal basis: Art. 31.3 LO 4/2000 and Arts. 124–127 RD 1155/2024. The Regulation came into force on 20 May 2025; last amended by RD 316/2026 of 14 April 2026.
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Common requirements for all types
Art. 126 RD 1155/2024 (as amended by RD 316/2026) sets out the conditions that apply to every type of arraigo:
- Be physically present in Spain when the application is submitted.
- Not be an asylum or international protection applicant at the time of application or during the processing period.
- Not represent a threat to public order, security or public health.
- Have no criminal record in Spain or in the countries where you lived during the five years before entering Spain, for offences recognised under Spanish law.
- Not be subject to a ban on entry into Spain or countries with which Spain has concluded relevant agreements.
- Not be within a period of commitment not to return to Spain.
- Have paid the processing fee.
- Not hold a valid residence or stay permit and not be involved in a procedure to obtain, renew or modify one (Art. 126.h, added by RD 316/2026).
Renewing an arraigo (second chance, sociolaboral or social) normally requires you to be registered as a job-seeker. RD 316/2026 added an exception to Art. 132: that requirement does not apply where serious illness, a disability or having reached retirement age prevents you from working.
All types except family arraigo require at least two years of continuous presence in Spain. No visa is needed (Art. 31.3 LO 4/2000). All types carry the right to work. Permit duration: one year (family arraigo: five years). Applications are filed at the Oficina de Extranjería at the place of residence.
Second-chance arraigo
arraigo de segunda oportunidad
A new permit type introduced by RD 1155/2024 (Art. 127.a). Designed for people who previously held legal status in Spain but could not renew their permit for reasons unrelated to public order.
Specific requirement: the applicant must have held a residence permit — not issued on exceptional grounds — for the two years immediately prior to the application, and that permit must not have ended for reasons of public order or security. The existence of a criminal conviction does not automatically bar the application if it is accompanied by an acquittal, discontinuation or finding of no offence.
How to prove it: documents evidencing the former permit (TIE card, grant decision) and proof of continuous presence in Spain for two years.
Work-based arraigo
arraigo sociolaboral
An updated version of the former arraigo social with contract. The key change in RD 1155/2024: the minimum residence period is reduced from three to two years.
Specific requirement (Art. 127.b): one or more employment contracts totalling at least 20 hours per week, with pay no lower than the statutory minimum wage (SMI) or the applicable collective agreement rate. Seasonal workers may use consecutive contracts with different employers.
Self-employment is not accepted — only salaried employment. The employer must be up to date with tax and social security obligations (Art. 74 RD 1155/2024).
Social arraigo
arraigo social
The most widely used type. Intended for people who have lived in Spain for years and have integrated into Spanish society, but do not hold an employment contract. Specific requirement (Art. 127.c RD 1155/2024, as amended by RD 316/2026) — one of the following:
Option A — family ties: a spouse, registered partner or first-degree relative in direct line who holds a valid residence permit in Spain. Additionally: proof of financial means of at least 100% of the IPREM. Check the current IPREM figure at SEPE.
Option B — integration report (informe de integración): if the family ties above do not apply, a favourable report issued by the autonomous community of residence. The authority must issue it within one month of the request. It assesses participation in social and educational programmes and knowledge of Spain's and the EU's constitutional values.
Training-based arraigo
arraigo socioformativo
An expanded version of the former arraigo para la formación (Art. 127.d RD 1155/2024). Requirement: enrolment in, current attendance on, or pending application for programmes listed in Art. 52.1.b and 52.1.e(5th) of the Regulation, including language courses at A1 level.
Where enrolment has an officially set deadline, the application may be submitted two months before it opens. After obtaining the permit, the holder has three months to provide proof of enrolment to the Oficina de Extranjería. Failure to do so in time may result in cancellation of the permit.
Also available to those who commit to vocational training organised by the Public Employment Service (SEPE) in occupations listed in the Catalogue of hard-to-fill occupations.
Limitation: the same person may not receive arraigo socioformativo more than once within any three-year period.
Family arraigo
arraigo familiar
After the 2024–2025 reform, arraigo familiar covers exclusively parents of nationals of EU, EEA or Swiss member states (Art. 127.e RD 1155/2024). The former variant covering parents of Spanish nationals has been moved to a separate chapter of the Regulation (Title IV, Chapter VII) and is no longer classified as arraigo.
Specific requirement: the applicant is a parent of an EU/EEA/Swiss national residing in Spain, or a person providing support to such a national with a disability.
No minimum continuous stay in Spain is required. Permit duration: five years — the only exception to the general one-year rule.
Comparison table
| Parameter | Segunda oportunidad | Sociolaboral | Social | Socioformativo | Familiar |
|---|---|---|---|---|---|
| Minimum stay | 2 years | 2 years | 2 years | 2 years | Not required |
| Employment contract | No | Required (≥20 h/week) | No | No | No |
| Integration report | No | No | Yes (if no family ties) | No | No |
| Key requirement | Prior permit (≥2 years, not exceptional) | Contract ≥20 h/week + SMI | Family ties with resident OR integration report | Enrolment or training commitment | Parent of EU/EEA/Swiss national |
| Permit duration | 1 year | 1 year | 1 year | 1 year | 5 years |
| Right to work | Yes | Yes (from admission to processing) | Yes | Yes | Yes |
Documents — general list
- Application on form EX-10 (the form for residence on exceptional grounds, which is what every arraigo is — confirm details with your local Oficina de Extranjería).
- Passport — original and photocopy of all pages.
- Proof of continuous presence in Spain: padron certificate, rental contracts, medical records, utility bills, pay slips, police records — any official documents with dates.
- Criminal record certificate from the country or countries where you lived during the five years before entering Spain — apostilled and translated.
- Fee (tasa) — model 790 (the code depends on the type of permit; confirm with your office).
- Segunda oportunidad: TIE card or grant decision for the former permit; evidence that it did not end for public order reasons.
- Sociolaboral: employment contract(s) (≥20 h/week) and employer compliance evidence per Art. 74 RD 1155/2024.
- Social (A): documents proving family ties with the resident; proof of financial means ≥ 100% IPREM.
- Social (B): favourable integration report (informe de integración) from the autonomous community.
- Socioformativo: enrolment document or pending application; if applicable, training commitment with SEPE.
- Familiar: birth certificate proving relationship with the EU/EEA/Swiss national; documents proving that national's residence in Spain.
How to apply, step by step
- Identify your type from the comparison table above and check that you meet both the common requirements and the specific one for that type.
- Assemble the general document set plus the specific documents for your type. Start with the criminal-record certificate — apostille and translation take the longest.
- Fill in form EX-10 — it is the form for residence on exceptional grounds, and all five arraigo types fall under those. Check with your own Oficina de Extranjería only which epígrafe of the tasa (790, código 052) applies.
- Pay the tasa and keep the receipt — it goes in with the file.
- File the application with the complete set. An incomplete file means a request for missing documents and weeks lost.
- Wait for the resolution: the official maximum is 3 months from filing. If no decision is notified within that time, the application is deemed refused by administrative silence.
- If the decision is positive, book the fingerprint appointment and apply for the TIE. The appointment can add weeks depending on the province, so look for it as soon as the resolution arrives.
A real case: a Social Security work record beat a closed list of certificates
The administration expected a court or labour-inspection ruling. The Supreme Court accepted an ordinary vida laboral. A Moroccan national applied on 15 February 2016. Her Social Security work record showed 8 months and 11 days of employment: 70 days in 2008 and the rest in 2015 under a provisional authorisation. The Almería Subdelegation and the first-instance court refused because she had no judicial ruling or confirmed Labour Inspectorate report. The Andalusian High Court granted the permit, and the Supreme Court upheld that outcome.
What was not obvious. The documents listed in former art. 124.1 RD 557/2011 did not exclude other lawful proof. The court said lawful employment could not be treated worse than clandestine work: the relationship could be shown by any admissible evidence, including the vida laboral. An unusual detail was that only 70 days came from 2008; most of the record arose under a provisional 2014–2015 authorisation.
Outcome: the administrative refusal did not stand, and the applicant kept the right to the permit recognised by the High Court. The dispute passed through the administrative refusal and three judicial stages: the JCA, appeal to the Andalusian High Court and cassation in the Supreme Court.
The judgment interpreted the repealed RD 557/2011 and the former arraigo laboral. Since 20 May 2025, RD 1155/2024 has governed different arraigo categories, including sociolaboral, with different requirements. The case remains useful on evidence, but its employment periods and document list must not be copied into a current application without checking today’s rule.
The case shows how evidence may be assessed; it does not replace checking the current arraigo category against your circumstances today.
Check my route to regularisationQuick reference
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Check which path fits — freeLegal basis: Ley Orgánica 4/2000 (LO 4/2000); Real Decreto 1155/2024, de 19 de noviembre (in force from 20 May 2025); Real Decreto 316/2026, de 14 de abril. For information purposes only. Document requirements may vary by province — check with your local Oficina de Extranjería. Updated June 2026. Monitor updates at boe.es.
FAQ
What types of arraigo exist in Spain?
After RD 1155/2024 there are five main types: arraigo de segunda oportunidad, arraigo sociolaboral, arraigo social, arraigo socioformativo and arraigo familiar. Non-family types generally require 2 years of continuous stay; family arraigo has its own rules.
I have an open (or refused) asylum case — can I apply for arraigo?
Be careful here: under RD 1155/2024, time spent in Spain as an asylum seeker does NOT count towards the arraigo residence periods — a change against the earlier practice. After a refusal you generally need a further period of irregular stay before arraigo opens, though the regulation's transitional provision (DT 5ª) softened this for people whose asylum applications predate its entry into force. Switching from the asylum track to arraigo is a strategic decision with dates that must be checked case by case — get the file reviewed before you desist from anything.
How long do I need to have lived in Spain for arraigo social?
As a general rule, 2 years of continuous stay proven through empadronamiento, medical records, bank activity or similar documents. Short absences must not break continuity.
Do I need a job contract for arraigo social?
Not for current arraigo social. A job contract belongs to arraigo sociolaboral. For arraigo social, authorities review family links and financial means or, if those links do not exist, a favourable integration report.
How long does the arraigo application take?
The official maximum is 3 months from submission. If no decision is notified within that period, the application is deemed refused by administrative silence. If there is an express favourable decision, you then apply for the TIE; the fingerprint appointment can add weeks depending on the province.
Can I travel outside Spain while my arraigo application is pending?
It's risky. Leaving Spain while the application is pending can be interpreted as abandoning your residence claim. If you must travel, keep the trip as short as possible and maintain proof that your life center remains in Spain.
What is the informe de arraigo (social integration report)?
It's a report issued by your municipality (Ayuntamiento) or autonomous community that certifies your social integration — language knowledge, community ties, participation in training programs. For arraigo social, it is needed when you cannot prove sufficient family links.
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This guide is general information about Spanish law, not a legal opinion on your case. Rules change and outcomes depend on your own facts and documents — check your situation before you act on it.