Arraigo Social vs. Sociolaboral under RD1155/2024
- Melcart Abogados
- Feb 7
- 5 min read
New "Arraigo" Schemes Under RD1155/2024.
RD1155/2024 has deeply reformed Spanish immigration law's regularization schemes, giving rise to five distinct categories of temporary residence due to exceptional circumstances due to roots ("residencia temporal por circunstancias excepcionales por razones de arraigo"):
Second Chance Roots ("Arraigo de Segunda Oportunidad"),
Socio-labor Roots ("Arraigo Sociolaboral"),
Social Roots ("Arraigo Social"),
Socio-formative Roots ("Arraigo Socioformativo"), and
Family Roots ("Arraigo Familiar").
We have discussed Arraigo Social and Arraigo Sociolaboral in separate posts, which we encourage you to read. Here, we will discuss the similarities and differences between the two figures so you can make the best decision for you.
Similarities Between "Arraigo social" and "Arraigo sociolaboral" Under RD1155/2024.
General Requirements.
Both forms of residence for people with social or social-laboral roots in Spain have the following general requirements:
The applicant must be in Spain and not be an asylum or international protection-seeker at the time of filing.
The applicant must have remained on Spanish territory, continuously, and for at least two years. Time during which the applicant was an asylum or international protection seeker does not count towards these two years.
The applicant must not be a threat to public order, safety, or health.
The applicant must have no convictions in Spain or in their countries of residence in the five years prior to their arrival in Spain, for actions or omissions which would constitute crimes in Spain. Arrest or police records, civil infractions, and convictions for actions or omissions which do not constitute criminal offences in Spain are not necessarily obstacles to Arraigo residence.
The applicant must not be "refusable" in the Schengen Area.
The applicant must not be subject to a no-return obligation with Spain at the time of filing.
General Outcomes.
Both forms of Arraigo residence will give the successful applicant:
Authorization to reside in Spain legally for a period of one year,
Authorization to work, without geographical or sector limitations, as employees (trabajo por cuenta ajena) and as freelancers (trabajo por cuenta propia, A.K.A. "autónomo") (with exceptions), and
A mechanism to extend (prorrogar) their Arraigo residence.
Differences Between "Arraigo social" and "Arraigo sociolaboral" Under RD1155/2024.
Requirements for "Arraigo social."
RD1155/2024 vastly improves Spanish immigration law's conception of "social roots" as a means to secure residence. The still current, outgoing framework, RD557/2011, regulates "Arraigo social" as a confusing mishmash of social roots —family connections or social integration— and labor roots —a valid job offer or, exceptionally, self-employment or cold, hard cash.
In order to qualify for a temporary residence permit by way of social roots:
The applicant must show that they have a spouse, registered de facto partner —we will open this melon, as we say in Spanish, another day— child, or parent who is also a resident in Spain or that the applicant is adequately integrated in Spain.
The applicant must show that they possess sufficient economic means —by any means,* including savings, family remittances, family funds, or self-employment**— for themselves and, when living together, for their family members.
* In the past, the courts have detailed that "sufficient economic means" cannot derive from public assistance from Spanish national, regional, or local programs, such as the Universal Minimum Income (Ingreso Mínimo Vital). The purpose of requiring "sufficient economic means" is to avoid needing to provide public assistance to non-citizens.
** While funds and self-employment harken back to the shoddy regulatory framework of RD557/2011, note that the provision for self-employment as a source of funds is now supplementary to any other source of economic means, rather than an alternative to employment.
Crucially, an applicant does not need to have an employer. Making regularization dependent on an employer by default placed many foreign citizens in precarious, abusive situations.
Requirements for "Arraigo socialaboral."
In order to qualify for a temporary residence permit by way of social-labor roots:
The applicant must show that they have one or more job offers***.
The applicant must show that the job offers guarantee an income equal to at least the Inter-professional Minimum Salary ("SMI"), or the applicable collectively bargained salary —if higher— proportional to the hours worked.****
The applicant must show that the total, global number of hours to be worked through the aforementioned offers is at least 20 hours per week.
*** An applicant can rely on two or more contracts A) if the contracts are for seasonal employment (e.g., short-term teaching engagements, agricultural work), provided the contracts are concatenated or B) if the contracts are for simultaneous employment by two or more employers.
**** This change to the regulation is HUGE. A major barrier to entry has been the requirement that an applicant earn at least 15.876€ —the full-time, yearly SMI— even if the applicant was to work part-time. While we can foresee immigration offices misinterpreting the new regulatory language, we are cautiously optimistic that this will simplify regularization for many.
As we have said elsewhere, RD1155/2024 creates a new category of "Arraigo" residence, which, unlike "Arraigo laboral," neither requires applicants to turn their employers in, nor requires applicants to be in irregular status at the time of filing. In our opinion, this is a significant improvement in our immigration regulatory framework.
Crucially, an applicant does not need to prove family connections or social integration. If someone is going through the trouble to hire you, you probably meet the cut in terms of integration.
Which option is best for you?
It depends.
If you are unable to find a job offer, "Arraigo social" may be a good option for you. [On the other hand, you may be one good résumé away from snagging a good job offer (or two, or three...)]. "Arraigo social" may also be the better option for you if, like the author of this article, you would pay good money to never have a boss again.
If the risk of starting a business chills you to your core, such that any job will do, provided you never have to think about business plans, SWOT analyses, "synergies," or "value propositions," or if you have a dream job lined up, "Arraigo sociolaboral" may be a good option for you.
Both "Arraigo social" and "Arraigo sociolaboral" are good options. Consult with a professional to determine which option is best for you.