Arraigo familiar in Spain
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Obtaining Arraigo Familiar
The family ties permit is an uncommon yet straightforward authorization to process if all requirements are met. We’ll outline the types of permits, necessary requirements, as well as the application and renewal process.
What is the family ties permit?
This is a temporary residence permit that can be granted to a foreign citizen residing in Spain, provided they are either the parent of a minor holding Spanish or EU nationality, or one of their parents was a Spanish citizen by birth.
The family ties permit is one of three residency authorizations granted due to exceptional circumstances. The other two paths within this group are social ties and labor ties.
In this case, we are discussing an authorization that allows you to live and work in Spain for an entire year.
Upon the completion of that first year, you will have the opportunity to renew your authorization (as we will see later in this post), making it a gateway to long-term stay in the country.
Family ties are granted to foreigners who are in the country illegally, without a family ties residence permit.
The family ties residence permit has a maximum duration of 90 days for each semester, from the date of the first entry into the country. It is granted for studies, mobility, non-labor internships, or volunteer services. Once the period expires, to remain in Spain, an extension of stay or a family ties residence permit must be obtained.
The family ties residence permit is also granted for a period exceeding 90 days and up to five years. To obtain it, sufficient reasons or ties must be demonstrated.
How long does arraigo familiar residency last?
The characteristic of this permit is that it is valid for one year, during which you can live and work in Spain as a self-employed person or an employee.
Like any other residence and work permit, as the expiration date approaches, you must renew it to continue living in Spain entirely legally.
Family ties requirements for arraigo familiar
These are the requirements needed for family ties, don’t forget that compliance is mandatory.
What is needed for family ties?
- Being the parent of a minor holding Spanish nationality or a minor from an EU country, or being the child of someone who was originally a Spanish citizen.
- Not having the nationality of any country belonging to the European Union or the European Economic Community, nor Switzerland. Nor be a relative of citizens of these states to whom the regime of Union citizen applies.
- Without prohibitive entry into Spain or countries with which Spain has signed an agreement.
- No criminal record for offenses under Spanish law.
- Not having assumed voluntarily to return to your country of origin.
Who can apply for family ties?
There are two groups of foreigners who can apply for it:
- Family ties with adult children. In addition, in this group, the parents of EU children could also apply for family ties. That means it doesn’t matter if you are the father or mother of a Spanish, Italian, or French child; you can formalize your ties in Spain without any problems. Hence, many foreigners have their child in Spain so that he adopts nationality, through the nationality process by presumption of value; thus being able to obtain the residence permit for labor ties later.
- Children of Spanish citizens of origin. This refers to those foreign citizens who are direct descendants of Spaniards who obtained their nationality due to the historical memory law or because they were children of Spanish citizens.
If you’re not 100% sure if you fall into this latter group, let’s answer the following question. Who exactly are Spanish citizens of origin?
- Individuals whose parents are from Spain and were born in Spain.
- Those who obtained Spanish citizenship due to the historical memory law.
- Individuals whose parents did not apply for their nationality when they were born, so they recover it later.
Required Documents for Arraigo Familiar
These are the documents you will need if you decide to process family ties:
- Passport and complete copy of the same.
- Certificate of registration.
- Form ex 10.
- Criminal record certificate from the countries where you have lived for the last 5 years.
- Birth certificate.
- Birth certificate of your father/mother, or failing that, of your son/daughter.
- Pay the corresponding fee.
Family ties in Spain
If your family ties in Spain have been granted, you can reside and work in Spain without any limitations. This type of permit includes authorization to work both as an employee and self-employed, and to carry out any of these activities without having to complete any prior procedures.
To do this, you will need:
- Favorable resolution of your Family Ties.
- Three recent color photographs, on a white background, passport size.
- Application for a Foreigner’s Identity Card.
- Proof of payment of the card fee.
Denial of family ties
If your application for a family ties residence permit is denied, you can lodge an optional appeal for reconsideration within one month of being notified.
You can also opt for the judicial route and file an administrative contentious appeal within two months of being notified.
However, for any reason, it is possible that the family ties application may be rejected.
In that case, you will have two different options:
- File an administrative appeal.
- Go directly to the judicial path by filing an administrative contentious appeal.
Embarking on the path of appeal, whatever its type, can be a tedious and complicated task.
You will choose one path or another depending on your particular situation, although on many occasions, it may be advisable not to use either of these two paths to avoid wasting time and money.
Renewing arraigo familiar
For the renewal of family ties, you must renew it through a modification, as there is no direct renewal of this permit per se.
Once you renew your family ties, you will transition to:
- Employment permit for third-country nationals if you have worked during that first year as an employee.
- Self-employment permit if you have established your own business or worked as a freelancer.
- Non-lucrative residence if you have not worked but have sufficient financial means.
For this reason, it is essential to work legally during the year you hold the family ties permit. Otherwise, when the time comes for renewal, you will not be able to remain in the country.
Family or Community Ties?
Many non-EU citizens who are aware of both options for obtaining residency through family ties to Spanish citizens have this question.
What process should I follow? Is family ties or the community card better?
The answer is: it depends.
If you are someone whose parents obtained their citizenship due to the historical memory law or by birth, the social ties procedure will be the best option.
But if it’s your partner (spouse or common-law partner) who is from Spain, you should apply for the residence permit as a family member of a community citizen. This could potentially be much more beneficial, as the community card is valid for 5 years (vs. 1 year for family ties).
Questions and answers about the Arraigo Familiar
Alternative to family ties
As we’ve seen, renewing family ties in Spain is complex, so since September 2020, there has been a much simpler alternative.
If you plan to apply for family ties due to a child born in Spain, you can apply for the residence authorization for parents of Spaniards.
How much is the family ties fee?
In the case of social ties, the fee will be 790 code 052, and being a temporary residence authorization due to exceptional circumstances, the total amount is 35.70 euros.
When is the social ties fee paid?
During the family ties application.
How long does the family ties process take?
The immigration office takes 3 months to announce its response. If after those 3 months you don’t receive anything, it means that your family ties application has been denied.
Can family ties be obtained through marriage?
No, the family ties through marriage do not exist since it can only be obtained if your child was born in Spain or one of your parents was of Spanish origin.
Can Spanish nationality be obtained through family ties?
No, if you want to obtain Spanish nationality, click here.
What is Family Ties?
It is a procedure that grants residence and work permission, enabling you to work either as an employee or self-employed, to non-EU nationals in irregular situations, who have Spanish children.
It can also be requested by children of Spanish citizens by origin.
What documents will they ask me for to process Family Ties?
They will ask for a passport, criminal record from your country, ID of the descendant with Spanish nationality, family book, and a birth certificate of the child. They may also request the passport or ID of the Spanish ascendant.
Make sure you have all the documentation and meet the requirements before applying for Family Ties. You will receive complete advice at the SAIER.
Will they ask me for a minimum residence time in Spain to apply for Family Ties?
No. Family ties are not subject to any kind of requirement. Remember that for social ties, 3 years are required, and for labor ties, 2 years of continuous residence in Spain are required.
Still have doubts about the Family Ties Procedure?
Contact us, we will study your case with you to give you personalized advice so you can have everything you need for the processing of your family ties.