Residence through Social Roots: Step-by-Step Guide

In this article, we will explain what social integration is and provide you with a step-by-step guide on obtaining residence through social roots.

What is Social Roots?

Social roots is one of the temporary residence permits that individuals in irregular situations can obtain according to Spanish law.

It is classified within residencies for exceptional circumstances, although in practice it is commonly used to regularize situations in Spain.

Requirements for Social Roots

Social roots requirements

Let’s analyze the requirements we must meet to successfully obtain residence through social roots when applying for social roots:

1. Continuous presence in Spain for 3 years. Similar to the requirements for nationality, continuous residence does not imply an absolute prohibition from leaving Spain. In this case, what is required is that absences do not exceed 120 days.

The best way to prove the 3 years of continuous presence is with the certificate of registration, but nothing prevents us from using other means of proof. It is common to provide evidence of medical appointments, certificates proving the completion of studies in Spain, bank transfer receipts, etc.

Another question raised by this requirement is whether it is necessary to prove the stay day by day for the 3 years, or simply proving the general presence would be enough (i.e., from one date to another). Well, the Courts are opposed to requiring proof of daily stay since this is practically impossible to demonstrate and would overly complicate the possibility of meeting this requirement when applying for social roots.

2. Family ties or presenting a social roots report. This requirement is very important. We must prove that we are family members of a foreigner with a residence permit.

Not just any family member will do; the Immigration Regulations (art 124.2.c)) limit it to spouses or registered partners, ascendants and descendants in the first degree and direct line, i.e., children.

But in case we do not have any family members in Spain, we can present a Report proving social roots issued by the Autonomous Community or the City Council where we have our habitual residence.

Arraigo Social Application: If the Autonomous Community Does Not Issue an Integration Report

In this case, there is no need to worry, as if the corresponding report has not been issued within 30 days from the application, we can prove this requirement (social roots) by any means of proof admitted by law when applying for social roots.

These alternative means of proof to the Report are included in Instruction DGI/SGRJ/3/2011, regarding the application of the regulations of Organic Law 4/2000, on the rights and freedoms of foreigners in Spain and their social roots, regarding the Report of Social Roots. They are not exhaustive, meaning that other means can be used and refer to all documents related to the period of stay in Spain, the means of livelihood available, etc.

3. Employment contract with a duration of not less than one year.

The requirement of having a work contract is usually the most problematic in practice. Many people accumulate 3 years of living in Spain and can prove family ties without any problem; however, finding someone willing to make a contract of employment for a duration of not less than one year is not so easy. It is the most difficult requirement to meet, but there is no need to despair, as many people eventually achieve it, and as we will see later, the requirement of a contract can be exempted in certain cases. The contract must be signed by the employer and the worker, although as is obvious, the contract must include a clause stating that it does not take effect until the resolution granting residence by integration is issued.

Although the Immigration Regulation does not expressly state this for cases of residence by social roots (it does for initial authorizations of temporary residence and work), in practice, it is required that the company demonstrate that it has sufficient means to ensure that its activity is viable. This has been reinforced by the Supreme Court judgment of November 8, 2018 (No. 1603/2018). The judgment resolves the following question: for the granting of temporary residence authorizations for exceptional reasons of residence by social roots, is it necessary to demonstrate the economic solvency of the employer, as provided for in article 64.3.e) of the Regulation, or, on the contrary, will presenting a work contract (for a period of one year) signed by the worker and employer at the time of the application suffice?

The answer is that it is not necessary to prove this solvency, but in case of doubts arising for the Administration, it may request more documentation to assess the viability of the contract.

In summary, the mere submission of the contract may not be valid if the Administration considers that the company does not have sufficient capacity to support the worker. And the conclusion of this judgment, from our point of view, is that to avoid a denial, it is best to submit along with the application for social roots all those documents that prove that the company is solvent and will be able to meet the obligations arising from the employment contract.

Additionally, it is necessary to verify that the company or individual who will hire us is correctly registered with Social Security and up to date with all their tax and social security obligations, meaning that they have paid all their taxes and Social Security contributions.

It is customary to present only one contract with a duration of one year, but the Immigration Regulation provides for 2 exceptions to this general rule.

In the case of the agricultural sector, the presentation of two contracts with different employers, each with a minimum duration of six months, is allowed and must be consecutive.

In the case of carrying out activities in the same occupation, working partially and simultaneously for more than one employer, the presentation of several contracts is allowed, all of them with a minimum duration of one year, and whose total sum must represent a weekly workload of no less than thirty hours overall.

A question that sometimes arises in practice is whether we can change employers when we have been granted social roots. That is, we submit all the paperwork and the employer backs out and no longer offers us the contract. In this case, we must look for another contract, as during the processing of the application, as many changes of employer can be made as deemed appropriate. However, once we have the resolution approving our residence by social roots, we cannot make any further changes, and we must register with Social Security with that employer.

Therefore, only in the event that the employer listed in the resolution refuses to register us with Social Security, should we submit the application again. However, during the processing phase of the application, there is no problem in making changes. There are two exceptions to the need for a work contract, which, although difficult to meet, if we are lucky enough to meet them, we can apply for residence by social roots.

The first is the case of having financial means to survive, meaning that even if we do not work, we will be able to financially support ourselves in Spain without the need to work. In this case, the residence permit does not allow working as it does not include a work permit (Article 129.1 Immigration Regulation).

The second scenario is when we can demonstrate that we are going to engage in self-employment that will generate income for us. In both cases, it is necessary for the Integration Report to recommend that we be exempt from the need for a work contract.

4. Not being a citizen of a European Union State, the European Economic Area, or Switzerland, or a family member of citizens of these countries to whom the Union citizen regime applies.

Citizens of a European Union State, the European Economic Area, or Switzerland cannot apply for residence by social roots. In the event that they wish to reside and work in Spain for less than 3 months, they simply need to present their passport or identity document. If they intend to stay for more than 3 months, they just need to fill out a form to register with the Central Registry of Foreigners at the Foreigners Office in their province. If they are family members of a Union citizen, the permit they must apply for is the residence permit for family members of Union citizens, known as the EU Family Member Card.

5. Not having criminal records in Spain or in the country of origin or in the country or countries where you have resided in the last 5 years.

It is customary to present records from Spain and the country of origin, but in the case of having resided in a country other than the country of origin during the last 5 years before entering Spain, you must present records from that country and not from the country of origin.

Let’s explain it with examples to make it clearer:

Tomás has been residing in Spain for 3 years, and the 5 years prior to his entry into Spain he resided in Brazil (his country of origin). In this case, criminal records from Spain and from the country of origin must be provided.

But, in the previous case, what would have happened if Tomás, before arriving in Spain, had resided in Chile (which is not his country of origin)? In this case, he should present records from Spain and from Chile.

As for police records, these should not pose any problem since they do not imply any final conviction, and the right to the presumption of innocence regulated in Article 24.2 of our Constitution should always prevail.

6. Not being prohibited from entering Spain and not being listed as inadmissible in the territorial space of countries with which Spain has signed an agreement to that effect.

Article 11 of the Immigration Regulation determines which people are prohibited from entering Spain, and they are as follows:

a) Those who have been previously expelled from Spain and are within the period of entry prohibition determined in the expulsion resolution, or when an expulsion resolution has been issued against them, except for the expiration of the procedure or the prescription of the offense or penalty.

b) Those who have been subject to a return measure and are within the period of entry prohibition determined in the corresponding return agreement.

c) Those who are known, through diplomatic channels, through Interpol, or by any other means of international, judicial, or police cooperation, to be wanted, in relation to criminal cases derived from serious common crimes, by the judicial or police authorities of other countries, provided that the facts for which they are wanted constitute a crime in Spain and without prejudice to their detention, in cases where it is applicable.

d) Those who have been expressly prohibited from entering, by resolution of the Minister of the Interior, for their activities contrary to Spanish interests or human rights or for their notorious connections with national or international criminal organizations, or other judicial or administrative reasons that justify the adoption of this measure, without prejudice to their detention, in cases where it is applicable.

e) Those who are prohibited from entering under international agreements to which Spain is a party or in accordance with the provisions of Community legislation unless it is considered necessary to establish an exception for humanitarian or national interest reasons.

7. Not being within the commitment period of not returning to Spain that the foreigner has assumed when voluntarily returning to their country of origin.

When a foreigner returns to their country voluntarily through a voluntary return program and presents projects that involve their resettlement in the society they left, the Government may grant them assistance, in exchange for the commitment not to return to Spain for a certain period of time.

Application for Social Roots: Required Documentation

Residence and Work Permit for Social Roots

Complete copy of the passport. The passport must have a minimum validity of 4 months. Therefore, if the expiration date is approaching, it is best to renew it. The necessary documents to apply for social roots are:

• Documentation proving residence in Spain.
• If you want to know how to prove this requirement, we recommend reading our article.
• Certificate of criminal record from the country of origin or where you have resided in the last five years before entering Spain.
• Certificate of criminal record in Spain. Documents proving family ties. Whether it is a marriage certificate, birth certificate, or other documents.
• Social Roots Report issued by the Autonomous Community or Municipality of the habitual residence.
• Documentation proving livelihood. In this case, the documentation to be provided will vary depending on how we are going to prove these livelihoods, whether with a contract, with our own financial means, or by proving that we will work independently.

When the access route to social roots is through an employment contract, we must provide:

• Copy of the NIF (Tax Identification Number) and deeds of the company.
• Copy of the qualifications and, if applicable, professional qualification for the exercise of the profession.
• Evidence that the company guarantees the necessary solvency, through: the declaration of income tax (IRPF), or VAT, or Corporate Tax, or the company’s work history report (VILE). Additionally, a descriptive report of the occupation to be carried out must be provided.

When sufficient livelihood means for maintenance are proven, the following must be provided:

• Municipal report on the social roots of the foreigner recommending exemption from the employment contract requirement.
• Documentation proving the means of livelihood.

When intending to carry out self-employment, the following documents must be submitted:

• Declaration of responsibility or list of authorizations or licenses, depending on the type of activity to be carried out.
• Documentation proving the qualifications for the activity to be carried out.
• Evidence of sufficient economic investment or commitment of support from financial institutions.
• Establishment or activity project to be carried out, indicating the planned investment, expected profitability, and, if applicable, jobs expected to be created.

Finally, it is important to note that all foreign documents provided must be previously translated and legalized.