FAQ on Arraigo Residency in Spain 2026

March 6, 20266 views
FAQ on Arraigo  Residency in Spain 2026

Residence permit based on settlement and social ties (Arraigo) is one of the most common ways of legalization in Spain for foreigners who have been in the country for a long time without a valid residence permit. This type of residence permit allows obtaining legal status provided that the applicant has lived in Spain for a certain period, has social ties, and demonstrates integration into local society.

Following the entry into force of the new immigration regulation to Royal Decree 1155/2024, effective from May 20, 2025, changes were made to the settlement registration rules, including the introduction of additional grounds for application and updated requirements for the application review procedure.

In practice, applicants have many questions related to the conditions for obtaining settlement, length of stay, proof of residence, document requirements, and application specifics. During consultations, we regularly address similar questions, so in this article we have compiled the most common ones to provide a general understanding of the procedure and help guide those planning to apply for Arraigo.

General Conditions and Requirements

How long do you need to live in Spain to apply for settlement?

In most cases, it is necessary to confirm actual residence in Spain for at least 2 years before submitting the application. It does not matter whether the applicant had a valid residence permit, student visa, or was in the country without documents. Departures from Spain are allowed, but their total duration should not exceed 90 days over the entire two-year period. An exception is arraigo familiar — this type of settlement does not require a minimum period of residence.

Does the time while an international protection application was being considered count?

No. The period during which the applicant was in the international protection procedure (for example, had a red card) is not included in the time required for settlement. However, days of residence in Spain accumulated before applying for asylum are preserved and can be counted.

What documents can confirm residence in Spain?

Actual presence in the country can be confirmed with various official documents. Most commonly used are registration certificates (empadronamiento), documents from educational institutions, bank statements with transactions in Spain, rental agreements and utility bills, medical certificates, as well as tickets indicating dates and routes. It is advisable that the documents cover the entire required period of residence.

Is a certificate of no criminal record required for applying for permanent residence?

Yes, the applicant must confirm the absence of a criminal record both in Spain and in countries where they resided during the last five years before entry. Usually such certificates are processed through the consulates of the respective states. However, there are exceptions: a certificate is not required if the person has lived only in Spain for the last five years or has already provided it when previously applying for a residence permit and has not left the country for more than six consecutive months since then.

Many sources indicate that 3 years of residence are required for permanent residence, not 2. Is this true?

This was relevant until May 20, 2025. After the new regulation came into force — 2 years of residence in Spain is sufficient.

It's very simple — you go to the town hall and register. A tenant has full right to registration if they have a rental agreement. The owner's consent is not required, it is implied by the signed contract.

Is it necessary to take a Spanish language exam for the social integration report?

Formally — a language level exam is not required. But in many regions (especially in Catalonia and Valencia) they may require a certificate of attendance at language courses.

Can a car rental contract for a period of 2.5 years be proof of stay in Spain?

Yes, if there is a written contract and proof of payment.

Arraigo Second Chance

Entered on a tourist visa, applied for startup residence permit, got rejected. Can I apply for "second chance"?

No. Segunda oportunidad (second chance) is only available to those who already had a residence permit and either failed to renew it on time or were denied renewal.

Can I apply for segunda oportunidad after the end of study-based residency (arraigo por formación)?

No. After any type of residency by settlement (including study-based) — second chance is not available.

Can I apply for segunda oportunidad if 3 months have not passed since the end of my previous residence permit?

No. While you still have the right to renew, you are considered legal. Application is only possible after losing legal status, that is, after 3 months have passed.

Do I need to show bank accounts when applying for "second chance" residency?

No, money in the account, as well as contracts and certificates of social integration, are not required for applying for this type of residency.

Arraigo Familiar

Can I apply for family residency if I am raising a minor child who is an EU citizen?

Yes, parents of children who are EU/EEA/Swiss citizens can obtain a residence permit based on family residency provided they live together and have custody of the child.

Is caring for a disabled relative in Spain grounds for Arraigo familiar?

Yes, provided that your relative is a citizen of the EU, Switzerland, or a country within the European Economic Area, and if you live together with them and provide care for them.

Is it necessary to live in Spain for several years before applying for Arraigo familiar?

No, for family settlement (Arraigo familiar), there is no requirement for a minimum period of residence in Spain before applying.

Arraigo Socioformativo

Does residence on a student visa count toward the 2 years for settlement?

Yes. Any actual residence in Spain — with a visa, residence permit, or without — is counted when calculating the settlement period (except for the period of residence when international protection was requested).

Can I apply for settlement through education if I'm already studying at an adult school and have one year left?

Yes. You can apply, as the permit is issued for 1 year.

Does settlement through education grant the right to work?

Yes. Starting from May 2025, all types of settlement grant the right to work, including arraigo por formación. Employment is permitted for up to 30 hours per week.

How many years can you study under educational settlement?

The first residence permit is granted for 1 year. If the course lasts longer (for example, 2 years at an adult school or in grado medio), the residence permit can be extended for another year with confirmation of continued enrollment.

Can I choose university studies as a basis for Arraigo socioformativo?

No, obtaining higher education (universitario) is not included in the list of eligible programs for this type of settlement, as it involves long-term studies exceeding one year.

Is an online course suitable for applying for settlement through education?

As a rule, the format of education must be in-person (online is only allowed as part of the program). And the educational institution itself must be an officially accredited educational center in Spain.

Arraigo Social

How to calculate the amount that a relative must have for legalization through social settlement via family?

The fixed amount is 200% IPREM per year. In 2026, IPREM is €600 per month, so the required amount will be 600122= €14,400.

Is a social integration report required to apply for Arraigo Social?

Yes, if you cannot confirm family ties with a holder of Spanish residence permit.

Can I apply for social settlement if my partner already has Spanish residence permit, but we are not officially married?

Yes, if you are registered as pareja de hecho — de facto/registered partners under Spanish law.

Is it possible to apply for social settlement if I have no family ties in Spain?

Yes. But for this you need to provide a social integration report and confirm the availability of financial funds in the amount of 100% IPREM per year (≈ €7,200 in 2026) or provide a business plan for future activity approved by an entrepreneurs' association.

Can I submit a business plan for a future project as financial grounds for social settlement?

Yes. If you don't have the required amount of 100% IPREM per year in your account, you can get your self-employment project approved by one of the associations (ATA, UPTA, CIAE, UATAE)

Arraigo Sociolaboral

I have been living in Spain for 3 years already, but I work unofficially. Can I apply for settlement?

Yes. You can apply for social-labor settlement (Arraigo sociolaboral), provided that you can provide a certificate of no criminal record for the last 5 years and confirm a 2-year period of residence in Spain.

I already have a job offer, but I don't have a residence permit yet. Will this allow me to get Arraigo sociolaboral?

Yes. However, your pre-employment contract must meet the conditions for minimum employment (at least 20 hours per week) and salary (not below the minimum SMI in Spain)

Does the employment contract necessarily have to be permanent?

The contract can be permanent or fixed-term if based on objective reasons (for example, replacing an employee on maternity leave, seasonal work, work on a fixed-term project)

What is the minimum income per contract for social-labor settlement?

Salary — not less than the minimum SMI in Spain proportional to hours worked (in 2026 SMI = €1,424.5 gross calculated on 12 payments).

If I work part-time, can I apply for Arraigo sociolaboral?

According to the conditions of Arraigo sociolaboral residence permit, the minimum employment for a worker is 20 hours per week. If you meet this condition at your current workplace, then applying for this type of settlement is possible.

If you have any questions remaining, we invite you to a consultation — we will analyze your case in detail and develop an optimal application strategy.

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