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Spain · Special circumstances

Arraigo: five grounds and the two-year rule

How arraigo works under the 2024 regulations: five types instead of the previous three, two years of stay instead of three, what each type requires, and a prohibition introduced on 16 April 2026 — it closed arraigo to anyone who already holds any Spanish status.

2 yearscontinuous stay in Spain
5 typesarraigo in the regulations
1 yearpermit validity; family — 5 years
16.04.2026from this date the new ban applies
Arraigo is a residence permit granted under special circumstances to someone already living in Spain and rooted in the place where they live. The 2024 regulations rewrote it entirely: the number of types rose to five, the required period of residence dropped from three years to two, and the permit immediately includes the right to work. On 16 April 2026, however, a condition was added that changes the picture most significantly: arraigo cannot be sought by anyone who already holds a stay or residence permit — or is simply involved in a procedure for any such permit.

Five types and how much each grants

Article 125 of the regulation frames the basis as follows: a permit is issued to foreigners residing in Spain when ties exist to the place where they live — economic, social, family, employment, or educational. The five categories are five ways to demonstrate such a tie.

Arraigo segunda oportunidad — for those who were once legal residents and lost that status. Arraigo sociolaboral — for those who have a job. Arraigo social — for those with family ties or proven integration in Spain. Arraigo socioformativo — for those enrolling in education. Arraigo familiar — for the parent of a child who is a citizen of an EU member state.

The validity period is one year for everyone. There is one important exception: the family arraigo is issued for five years straight.

Arraigo typeWho it is forDuration
A second chancewas a resident in the past 2 years, status not renewed1 year
Social-labourthere is an employment contract for at least 20 hours per week1 year
Socialfamily in Spain or an integration report1 year
Social-educationalenrolled in an approved programme from the established list1 year
Familyparent or guardian of a child who is an EU citizen5 years
The permit gives immediate right to workNo separate work permit is required for arraigo: under Article 131, the right to work is bundled with the residence authorisation, with no restrictions on territory or profession, whether employed or self-employed. The only exception is the socio-educational arraigo, where employed work is capped at thirty hours per week in total.

General requirements: they stack, not substitute

Article 126 lists requirements that must be met cumulatively — meaning all at once, for any of the five categories.

First: you must be in Spain and must not be an applicant for international protection either at the time of filing or during the review. An applicant is anyone whose claim has not yet been finally resolved — through administrative proceedings or, if appealed, through judicial ones.

Second: continuous residence in the country for at least two years before filing. And here is a caveat worth reading twice: if a person was an applicant for international protection, the time their application was under review — up until the final decision — does not count toward that two-year period at all. For family arraigo, no minimum period of residence is required.

Next: no threat to public order, security, or health; no criminal record in Spain or in any country of residence during the five years before entering Spain, for offences recognised under Spanish law; not listed as an undesirable person in countries with which Spain has a relevant agreement; not within a voluntary-return no-re-entry period if such a commitment was made; and the state fee must be paid.

  • Be present in Spain and not be an applicant for international protection
  • Two years of continuous residence — except for family arraigo
  • Must not pose a threat to public order, security or health
  • No criminal record in Spain or in countries of residence over the past five years
  • Not appearing on an undesirable persons list and not being subject to a re-entry ban
  • Government fee paid
Years spent as a protection applicant do not count toward the two-year qualifying periodThis is the most costly line in the regulation for people in this situation. Someone can genuinely live in Spain for three years — two of them waiting for a protection decision — and then find they have zero time counted toward arraigo. The one-time window for protection applicants, opened by the April 2026 decree, closed on 30 June 2026 and is no longer in effect.

The restriction that came into effect on 16 April 2026

Real Decreto 316/2026 added point h) to Article 126: not holding a permit to stay or reside, and not being an interested party in proceedings whose subject matter is the granting, extension, renewal or modification of such permits.

The rule is straightforward: arraigo is a path for those who have no status. Anyone who holds a student stay permit, a work permit, or any other authorisation can no longer apply for arraigo — neither alongside it nor instead of it. Moreover, this applies even if you have not yet received your permit but have already submitted your application and the process is under way.

For those who already have status — the regulations provide a different route: not arraigo, but a change of grounds under Article 191. These are separate procedures with different requirements, and one can no longer be substituted for the other.

The same decree rewrote point c) of Article 127 — social arraigo — and changed the renewal rules. So the version used to assess someone’s chances in 2025 was already no longer in force by September 2026.

“I’ll submit an application and try arraigo at the same time” no longer worksPoint h) excludes not only those who already hold status, but also those involved in ongoing procedures. This means two parallel attempts are not a safety net — they guarantee a refusal on one of them. The course of action must be chosen in advance.

What is required separately for each type

Arraigo segunda oportunidad. The applicant must have held a standard residence permit — not one granted under special circumstances — for two years immediately before filing, and the permit must have lapsed for reasons unrelated to public order, security or health. It is expressly stated that an application may be filed even after a conviction, a case dismissal or an acquittal.

Arraigo sociolaboral. The applicant must have one or more employment contracts guaranteeing at least the inter-professional minimum wage, or the wage set by the applicable collective agreement — prorated to hours worked — and totalling at least twenty hours per week in aggregate. Multiple contracts are permitted in two situations: seasonal work with different employers in succession, and simultaneous part-time work with several employers. The employer must meet the requirements of Article 74 — with one exception: the situation of the national labour market is not taken into account here.

Arraigo social. The applicant must have family ties with foreigners who hold a residence permit, and must demonstrate sufficient means of support — at least 100% of the IPREM. Only ties with a spouse or registered partner and with first-degree relatives in the direct line are counted. In the absence of such ties, integration efforts are assessed — specifically, a favourable social integration report from the autonomous community or a municipality authorised by it, issued within one month. Funds must be available in Spain and may come from the same relatives, or, if the requirements of Article 84 are met, from the applicant’s own activities.

Arraigo socioformativo. The applicant must be enrolled in or pursuing a course of study from the list referenced in the regulations. If the enrolment has an official start date, the application must be submitted up to two months before it begins, and the enrolment must be confirmed within three months of notification of the permit’s issuance — otherwise the permit lapses. A second option is a commitment to complete training organised by employment services in occupations listed in the hard-to-fill vacancies catalogue. An integration report is required in this case as well.

Arraigo familiar. The applicant must be the father, mother or legal guardian of a minor who is a citizen of another EU country, the EEA or Switzerland, residing in Spain, with the child as a dependent and either living with the child or exercising parental responsibilities. A second case covers providing support to a relative with a disability who holds citizenship of those same countries, with shared residence and dependency.

Twenty hours is a threshold, not a recommendationFor social-labour arraigo, the rules set a minimum weekly employment of twenty hours, paid at no less than the minimum or collective wage, pro rata to time worked. No top-up payment compensates for a fifteen-hour contract: it is the hours of employment that count.

Documents

Article 130 sets the basic package for all permits on special grounds and adds a specific requirement for arraigo — a criminal record clearance from the countries of previous residence.

The Spanish criminal record and police report are requested directly by the authority within seven days. It is explicitly stated that information in a police report does not in itself automatically constitute grounds for refusal — the authority is required to assess each situation individually.

A certificate from a third country need not be submitted in two cases: if the person has been continuously present in Spain for the five years immediately before the application, or if they already confirmed this fact in another application within the past five years and have not left since.

  • A full copy of the current international passport, registration certificate, or travel document
  • An employment contract signed by both the employee and the employer, where required
  • Documents confirming the arraigo situation itself: residence, ties, enrolment, kinship
  • Criminal record certificate from countries of residence for the five years prior to entry into Spain
  • Community integration report from the autonomous community — required for the social and socio-educational pathways
  • Proof of means of support — for social arraigo
  • Receipt of duty payment
Fifteen days to make corrections — then the case is closedIf the package is incomplete, the authority issues a notice requiring the deficiencies to be remedied within a period not exceeding fifteen days. If they are not remedied in time, the application is considered withdrawn and the case is archived. This cannot be postponed or reinstated.

How it is submitted and what happens next

No visa required: a permit based on special circumstances is applied for from within the country and in person — for a minor or a person who requires support in exercising legal capacity, the application is submitted by their representative.

Social-labour arraigo has a separate mechanism: once the application has been accepted for review and until a decision is reached, the applicant is temporarily permitted to reside and work as an employee. This is explicitly stated in the notice of commencement of proceedings. Once a positive decision is issued, the permit takes effect subject to registration under the relevant social security scheme within one month of the notice.

The foreigner’s identity card — TIE — must be requested in person within one month of being notified that your permit has been issued.

  • No visa required; application is made in person from within Spain
  • The social-labour arraigo entitles you to work from the moment the application is accepted
  • One month to register with social security after the decision
  • One month to apply for the TIE card

Renewal and transition to standard status

Renewal is also for one year; for family arraigo — for five years. But it is not automatic.

For the arraigo segunda oportunidad, arraigo sociolaboral and arraigo social, renewal is conditional on proof of active job seeking and registration with the public employment service. An exemption is possible if access to employment is blocked for objective reasons — illness, disability or reaching retirement age.

For the social-educational permit, renewal is conditional on a report from the educational centre confirming progression to the second year, or — if the course ended earlier — confirmation of the diploma or certificate received, plus an active job search.

Apply within two months before expiry: submitting within this window extends the validity of the existing permit until a decision is reached. Submitting within three months after expiry also extends validity — but carries the risk of an administrative case for a breach.

And the key transition: under Article 191, if a person has lived in Spain for at least one year as a resident and their permit already included the right to work, they can move to a four-year residence and work permit. Arraigo does grant the right to work — which means that door opens after one year. A person moves from an annual status that has to be defended each year by finding employment into a four-year one.

Arraigo typeRenewal condition
Second chance, social-labour, socialactive job search and registration with the employment service
Social-educationaltransfer to second year or a degree plus job search
Familyvalidity of five years, renewable for the same period
Any type, after one year of residencytransition under Article 191 to a work permit — four years
Years on arraigo constitute lawful residenceArraigo is a residence permit, not a tolerated stay. Time spent on it counts towards the record of lawful and continuous residence from which permanent status is derived after five years. That is precisely why the first year of arraigo is worth all the paperwork.
Document checklist for this groundIt will arrive immediately, as a list, in Telegram — no form to fill in. Don’t use Telegram — the same list is available right on this page.
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Arraigo in Spain: preparation and submission

  • Verifying the two-year residence period and what counts as proof in your case
  • Choosing the right arraigo category for your situation — and checking for the bar under point h)
  • Gathering evidence of ties: employment, family, integration, enrolment in study
  • Working with a social integration report: where to apply and what it must include
  • Checking the employment contract and employer against the regulatory requirements
  • Obtaining criminal record certificates and having documents legalised
  • Full case management through to the TIE card, plus guidance on renewal or transition to four-year status

A legal consultation — 80 €.Credited toward the full service fee if you continue with us.

Government fees, notarisation, certified translations and apostille, where required, billed separately at actual cost — we will itemise them for your situation. Processing time depends on the authority and its workload, which is why we do not publish an average figure.

If the waiting and uncertainty are wearing you downAnxiety over documents and legal status is one of the most common issues people bring to a therapist after relocating. SVOY has therapists available online from any country — choose a time that suits you: svoy.io/psiholog.

Frequently asked questions

How many years do you need to live in Spain before arraigo?

Two years of continuous residence before filing — under the 2024 regulations. The former three-year requirement no longer applies. Family arraigo has no minimum period at all.

Does the time spent waiting for an international protection decision count?

No. The regulation explicitly excludes from the two-year period the time during which a protection application is being processed, up to a final decision. You also cannot apply for arraigo while your protection claim is still pending.

I have a student stay — can I apply for arraigo?

From April 16, 2026, this is no longer possible. Article 126(h) bars arraigo for holders of a residence or stay permit, as well as for those with pending proceedings for such permits. Your route is a change of basis under Article 191, not arraigo.

Does arraigo include the right to work?

Yes, the right to work comes with the permit, with no restrictions on location or profession. The exception is the social-educational arraigo: employed work there is limited to no more than thirty hours per week.

What happens in a year?

Either an extension — conditional on actively seeking work and registering with the employment service — or a transition under Article 191 to a four-year residence and work permit, provided you have lived in the country for at least one year as a resident.

In briefArraigo under the 2024 regulations offers five distinct routes built on a shared foundation: two years of residence, a clean criminal record and a paid fee. The type you choose determines everything else, and the permit immediately includes the right to work. The most significant change introduced in September 2026 is the prohibition under point h): arraigo is closed to anyone who already holds any Spanish status or has an ongoing procedure for one — applying for two statuses simultaneously is no longer possible. The most costly exception: years spent waiting for a decision on international protection do not count towards the two-year requirement.

Verified September 6, 2026. The thresholds and amounts are tied to indicators that are reviewed annually — check the official source for your country before filing.

What to do next

Services and prices — openly, before any conversation

People usually add: opening a bank account — 250 € · obtaining the tie — resident card — 200 €. Two or more services — 5% off each.

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