Arraigo laboral in Spain
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Arraigo Laboral
If you are thinking of applying for the new labor integration, you can rely on Immigration Lawyer to carry out your procedures in a simple and favorable manner. Do not hesitate to ask any questions or contact us; we will be ready to help you.
Residence permit for labor integration: obtain your card for labor integration
The Residence Permit for Exceptional Circumstances, also known as Labor Integration, consists of a permit for both residence and work with a duration of one year. Therefore, once you become the holder of this card, you will have the right to work both as a self-employed individual and as an employee.
What does "arraigo laboral" mean?
Labor integration refers to a temporary residence authorization for exceptional circumstances in Spain, granted to foreigners who are in the country and have worked for a minimum of six months. However, as with any procedure, there are many factors to consider and relevant information to be aware of, so do not hesitate to contact us for any questions regarding your labor integration process in Spain, and we will analyze your case to provide the best possible solution.
Labor integration in Spain
It is important to note that an important ruling of the Supreme Court was recently announced, which has reshaped Labor Integration. Until now, this permit has not been frequently processed in the immigration offices, but this new ruling could bring about significant changes.
Arraigo laboral requirements: What requirements are needed to apply for the Arraigo laboral?
To apply for the Residence Permit for Exceptional Circumstances, you need to meet the following requirements:
- Lack of criminal records in Spain and in your country of origin or in the country or countries where you have resided for the last five years before entering Spain.
- Not being a citizen of a European Union member state, the European Economic Area, or Switzerland, or a family member of citizens of these countries to whom the Union citizen regime applies. As we saw in the article on the Community Card, the General Regime does not apply to family members of EU citizens.
- Having resided continuously in Spain for a minimum period of two years. Continuous residence is understood if absences have not exceeded 90 days in the last two years.
- Demonstrating employment relationships of a minimum of 6 months.
- 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.
- Not being, if applicable, within the period of commitment not to return to Spain that the foreigner has assumed upon voluntarily returning to their country of origin.
Labor Relationship: How can I prove it?
The Immigration Regulation (Royal Decree 557/2011, of April 20) establishes that to prove this, we must provide a judicial resolution (either a court judgment or a judicial conciliation act) or the administrative resolution confirming the Infraction Report issued by the Labor and Social Security Inspection.
Therefore, we have two different ways to demand recognition of a labor relationship:
- Judicial resolution. As we have already mentioned, this resolution can be either a judgment issued by a Judge or a judicial conciliation act.
It is very important to explain the difference between administrative and judicial conciliation since only the latter is useful for labor anchoring. Most labor procedures require prior conciliation before the trial before an administrative body (Mediation Arbitration and Conciliation Service in the case of the Community of Madrid).
If no agreement is reached in this prior conciliation, a judicial claim can be filed.
On the day of the trial, the parties still have the possibility of reaching an agreement, which would be reflected in a judicial conciliation act.
In summary, if we want to apply for residence based on labor anchoring, we must always file a lawsuit. Even if the company wants to reach an agreement in administrative conciliation, we should not do so, as this will prevent obtaining labor anchoring.
If there is no agreement in the judicial phase, which is common considering the fines associated with having a worker without being registered with Social Security, we will have to hold the trial.
In the trial, all evidence must be provided not only to demonstrate that we have worked in a company but also to prove that this relationship with the company has lasted for at least 6 months. To do this, we can provide WhatsApp conversations with the supervisor, witnesses who can testify that the plaintiff worked, etc. Any evidence that can prove this is good.
- Administrative resolution of the Labor Inspection. This route involves filing a complaint with the Labor Inspection. The Inspector will analyze all the evidence we provide and will take the actions deemed appropriate to verify the reality of the reported facts.
If the Inspector considers that the company has violated labor regulations, they will issue an Infraction Report proposing a sanction to the company. When the resolution confirming said Report is issued, we will have the necessary document to apply for labor anchoring in Spain.
In our experience, the judicial route is more commonly used since the complaint against the company usually arises from a dismissal or because the employer owes some amount of money. In these cases, if we want to obtain the corresponding compensation for dismissal or the amount owed to us, there is no other way than to file a labor claim, in which we will request 2 things: 1) Recognition of the existence of the labor relationship for at least 6 months 2) Recognition of the unfair dismissal, the outstanding overtime, etc.
Living in Spain: two years of residence in Spain
As we have already indicated, a period of continuous residence of 2 years is required. Like for other permits, continuous residence does not imply an absolute prohibition on leaving the national territory.
This requirement is considered fulfilled as long as absences have not exceeded 90 days, in accordance with the Instruction of August 3, 2005, regarding temporary residence permits for exceptional circumstances due to labor ties in Spain.
To prove that we have spent 2 years, we must provide the passport (COMPLETE) which will show the entry stamp into Spanish territory. It is also good to provide registration on the municipal register and other documents that demonstrate residence in Spain, such as money transfers, rental payments, etc.
Documentation Arraigo Laboral in Spain: What do I have to prove?
Most of them have already been mentioned, but let’s make a list of all the necessary documents:
- Copy of the valid passport or travel document recognized as valid in Spain, with a minimum validity of four months, upon presentation of the original document. It is important to check the expiration date of the passport to avoid rejection for this reason.
- Criminal record certificate from Spain.
- Documentation proving that we are facing a case of labor ties.
- Documentation proving continuous residence in Spain for a minimum period of two years. The documentation provided should contain the identification data of the applicant, preferably issued and/or registered by a Spanish Public Administration. As mentioned above, documents related to registration in the municipal register, hospitalization, a medical consultation in the public health system, as well as any municipal, regional, or state documentation justifying presence in Spain will be considered.
- Criminal record certificate issued by the authorities of the country or countries where the applicant has resided during the five years prior to entry into Spain.
- Documentation proving employment relationships. As we already know, a judicial resolution or a resolution confirming an Inspection of Work Act.
- Proof of payment of the fee. Form 790 code 052.
As always, in the case of submitting foreign documents, they must be previously translated (if they are in a language other than Spanish) and legalized unless the document has been apostilled by the competent authority of the issuing country according to the Hague Convention of October 5, 1961, and unless the document is exempt from legalization under an International Convention.
Questions and answers about labor roots
How to achieve Labor Rooting in Spain 2022?
As mentioned earlier, the Supreme Court has modified the situation of Labor Rooting and its way of requesting it. This influences how to demonstrate that a foreigner has been working for six months (minimum).
Until now, it could be proven through a Judicial Sentence or through an administrative resolution confirming the inspection report of the Labor and Social Security Inspection. But now, with the new sentence, the admission of other documents to demonstrate the existence of that necessary work relationship has been declared. Among these documents is the Work Life Report. So, this is a great advantage for foreigners, as we believe that this way, more people will be able to apply for labor rooting in Spain.
Who can apply for labor rooting in Spain?
As mentioned, a greater number of people will be able to apply for labor rooting in Spain from 2022. These people are:
Those who hold a Community Card and do not have the right to it today. People who already had a work and residence permit, who have been working but have not been able to renew it. People who had the Red Card, who have been working but have ultimately been denied Asylum. Foreigners with a Residence Permit as a Highly Qualified Professional and who fail to renew their permits.
Where to apply for labor rooting in Spain?
If you already have all the documentation, you just need to go to the Foreigners Office in your city to submit it. This office will depend on where you live and where you are registered. We want to remind you that if you need help with the submission of your application, do not hesitate to contact us, and we will solve all your doubts. Also, remember that to submit your application, you must meet all the requirements mentioned above.
Renewing residence by Labor Rooting
As mentioned earlier, the residence permit by Labor Rooting is valid for one year, so, like any other permit, it must be renewed. Then, once this period of time has passed, if a series of labor requirements are met, this permit can be modified to a Residence and Work Permit for either Self-Employment or Employed work. Likewise, it can be renewed if it is demonstrated that the necessary economic means or those of a direct family member are possessed.
Differences between Labor Rooting and Social Rooting
Many of our clients wonder about the difference between a residence permit by Labor Rooting or by Social Rooting, so we will address this issue in case you have the same doubt. If it is not entirely clear to you, you want to see which one is better according to your case or situation, do not hesitate to call us and ask us any questions, as we will solve them without any problems.
The main difference between Labor Rooting and Social Rooting is that, for the former, it is necessary to demonstrate that one has been residing in Spain for at least two years continuously before submitting the application and a minimum work relationship of six months, while for Social Rooting, one must remain in Spain continuously for a minimum of three years and, in addition, have a full-time job offer, also demonstrating one’s own resources or justifying the establishment of a self-employed business. In most cases, it happens that all the requirements of Social Rooting are met, but the job offer or the establishment of a self-employed business is missing, as the situation in Spain makes it very difficult to meet this requirement, so in general, it is usually more difficult to achieve Social Rooting than Labor Rooting, although it always depends on each person’s situation.
Authorization Labor Rooting: work with your residence permit by Labor Rooting.
Indeed. This residence authorization comes with a work permit. The authorization granted will be valid for one year, and at its end, you can apply for a residence permit or a residence and work permit.
In the case of nationals of Ibero-American countries, it should be remembered that upon completing 2 years of residence, they can apply for Spanish nationality if they meet the other required requirements (we recommend the article on Spanish nationality by residence), which means that in a short period of time, one can go from the situation of residence by labor rooting to the situation of full Spanish national.
After the Labor Rooting resolution in Spain
There is one last step, known as the «fingerprint procedure,» after which you will be given the physical card (Foreigner Identity Card) that certifies legal residence.
At the fingerprinting procedure, the applicant will present their passport or travel document or registration certificate to prove their identity and will provide:
- The application form.
- Proof of payment of the card fee (different from the fee for requesting rooting).
- Three recent color photographs, against a white background, passport size.
When applying for Labor Rooting: can I be expelled from Spain?
This is a very common question, and we will try to explain it as clearly as possible due to its importance.
The first thing to note is that remaining in Spain irregularly is considered a serious offense under immigration law (Article 53).
Irregular status implies that if the authorities detect this situation, the corresponding procedure will be initiated, which may end in expulsion. However, this can happen as long as one is in an irregular situation, regardless of whether one applies for rooting or not.
Applying for residence by labor rooting does not automatically trigger a procedure for violating immigration law. In this sense, it is common sense that if Spanish legislation regulates a procedure that can be accessed by foreigners who are in an irregular situation, participating in that procedure cannot harm us.
Summarizing the above, if one is in an irregular situation, it is important to leave that situation as soon as possible. Therefore, if one meets the requirements of labor rooting or other permits, it is best to start processing them to be legally