Print
version
version
A foreigner who has lived in Spain for at least three years (even illegally) can apply for a residence permit for social settlement. At the same time, the period of absence from the country for this entire period should not exceed 120 days.
This possibility is regulated by paragraphs 3 of articles 31 and 68 of the Immigration Law and article 124 of the Royal Decree No. 557.
Please note! Financial solvency can be proved by an employment contract for the duration of at least one year (or several contracts with different employers at once), or documents proving the conduct of business (business plan, tax declarations, permits, licenses, etc.), or documents on passive income or available funds in the account to support your life in the country.
The applicant should also demonstrate any link with the Spanish society and its culture. To do this, the applicant needs to obtain a report on social integration issued by the local city hall of the autonomous community where he lives and get the official registry certificate that indicates the address of the applicant.
It is allowed to apply for Arraigo social directly from Spain without the need to obtain a visa.
One should start with a personal interview at the city hall of the municipality where you live. The candidate will need to prepare a story about his motivation to move to Spain and demonstrate the level of knowledge of the Spanish language and local culture. It is also important to reveal the acquired social connections.
The results of the interview are revised for up to 15 days. If approved, the applicant will be issued a social integration report (informe arraigo).
Then the applicant for a residence permit should submit an application on the website of the Spanish Migration Service.
All documents from other countries should be translated into Spanish and legalized.
Please note! Keep all the documents that can prove your stay in the country for the least three years: subscription to a local library or bills for any services.
The average application lead-time now stands up to three months.
Within one month of receiving a positive decision the candidate should apply for a resident card (TIE) at the police station of the province in which you live and, if you are employed, register with the Social Security Service.
A residence permit will be issued for one year. After the expiration of this period, it is possible to change the migration status as an employee of the company, owner of a business or a financially independent person.
The community card (“tarjeta comunitaria”) is granted to couples registered as civil unions, spouses (i.e. united by marriage), and children who are relatives of citizens from any country within the European Union who are living in Spain.
This right also applies to other family members, but only if it is possible to prove cohabitation and economic dependence on such EU citizen.
An application for a residence permit should be submitted to the nearest Migration Service office within 90 days after entering the country.
The processing period for consideration of the application takes up to three months.
The residence and work permit for family members is issued for a period of five years with the possibility of extension in case of maintaining the grounds. That is, if an EU citizen in charge of dependent family members decides to leave the country or simply decides to live separately, the residence permit will be terminated.
Please remember! The residence permit will also be cancelled if the residence permit holder is outside the country for more than six months.
Official information on the application procedure and required documents can be found on the website of the Spanish Ministry of the Interior.
The basis for obtaining a student residence permit can even be enrollment in state-accredited language courses with a training program of more than six months.
During their studies, students are allowed to work through curricular or extracurricular internships for up to 20 hours per week taking into account that the total of class hours plus working hours cannot exceed 40.
The procedure starts with obtaining a national Spanish visa (type D) at the Spanish consulate of your country. It is valid for three months. Then you need to apply for a plastic residence card within one or two months of stay in Spain at the National Police Offices With Foreigners Department.
Student residence permit is issued for up to one year. To extend it, you need to present a certificate of enrollment to the next level of study.
The disadvantage of such a residence permit is that it does not count for obtaining permanent residence.
Please note! After three years of residence in Spain on a student residence permit, it will be possible to switch to a residence permit with the right to work.
In addition, after finishing your studies, you can modify to a work permit or to a residence permit as a student looking for a job (a residence authorization with which you can stay in Spain for a year while you find a job offer or prepare your own business project.
In 2018, an update within the Spanish Law for Entrepreneurs gave rise to a new residency card that would start benefiting a large number of students from all around the world who wished to move to Spain or stay in the country for a longer period of time.
This residence authorization is granted to foreigners who are either pursuing higher degree studies or have completed them within a period not exceeding the past two years and want to practice in their chosen specialty.
In the first case, the applicant may apply for the status on the basis of an internship agreement (there will be no employment), and the academic entity will be an intermediary.
For foreigners who have already completed their studies, the practice is possible under an employment contract for an internship.
The requirements for the candidates differ significantly.
For students
For graduates
General requirements
Please note! The duration or validity of the residency for internships is directly linked to the duration of the internship contract or agreement (either with the company or with the academic entity).
After the labor reform of 2022, an internship agreement can be concluded for a period of no more than a year.
You can extend this residence permit only once, so the maximum period of stay in the kingdom will be no more than two years.
But! You can change your resident status already after the first year of your internship and continue legal work in Spain if the company agrees to enter into a regular employment contract.
Golden visa - a residence permit in Spain for the purchase of real estate or investment in the country's economy
Another way to obtain a residence permit in Spain with the right to work is to buy real estate or make a significant contribution to the economy of the kingdom.
The main condition for buying real estate is to invest at least €500 thousand in housing or commercial premises in the primary or secondary market in any region of the country.
According to the terms of the program, the purchased objects should be owned for at least five years. At the same time, the holder of real estate is allowed to use the property for personal residence or rent it out.
All recipients of this status and their family members are eligible to work in Spain.
The initial residence permit allows you to live and work in Spain for 2 years, and can be later renewed for 5 years as long as you keep your original investment. After five years, the investor and his family receive the right to apply for permanent residence, and ten years later - for citizenship.
Another way to obtain a residence permit in Spain with the right to work is to purchase real estate or make a significant contribution to the economy of the Kingdom.
The main condition when purchasing real estate is to invest at least €500 thousand in residential or commercial premises on the primary or secondary market in any region of the country.
Under the terms of the program, the purchased properties should remain in property for at least five years. At the same time, they can be used for personal and commercial purposes, for example for long-term or holiday rentals.
Family members of the main applicant also receive the same status (spouses, children, dependent parents).
The main investor and his family members also have the right to find employment in the kingdom.
The initial “golden visa” is issued for two years, then it can be extended for five years an unlimited number of times while the property remains in ownership. After five years, the investor and his family receive the right to permanent residence, and after ten years - to citizenship.
The residence permit program for entrepreneurs is suitable for those who run business in the country, as well as members of their families.
At first glance, the conditions are simple: there is no minimum investment amount, there is no need to create a certain number of job positions. But in reality, this means that each case will be considered individually. Experts will assess the prospects for the business and the benefits it can bring to the Spanish economy. IT startups have good chances in this program.
A foreigner who is outside of Spain should receive an entrepreneur visa for a year, enter the country and start working.
After a year, if the development of the company corresponds to the declared plan, the applicant and his family will receive a residence permit for two years, which can be extended for another two years. After five years of living in Spain they will be eligible to obtain permanent residence and later - citizenship.
The Spanish government has implemented the remote work visa (called the International Teleworking Visa) and related residence permit, and has adopted several changes to visas under the Entrepreneur’s Act on December 23, 2022.
Please note! According to the terms of the program, the residence permit holder can work in a Spanish company if the income from this activity does not exceed 20% of the total amount.
There are two different ways to apply for resident status:
Photo : Unsplash (Al Elmes)
