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:
- 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.