New Arraigo Social Under RD1155/2024

Royal Decree 1155/2024 has significantly changed the nature of "Arraigo Social."

Arraigo Social Until Now.

For years, temporary residence authorizations due to exceptional circumstances due to social roots (autorizaciones de residencia temporal por circunstancias excepcionales por arraigo social), known colloquially as simply "Arraigo Social," have allowed foreigners in Spain to access residence, either to regularize their migratory status or to get on the path to citizenship when no other starting point is available.

Requirements.

Under Royal Decree 557/2011, the previous —and still governing— regulation, Arraigo Social had the following basic requirements:

• Continuous presence in Spain over the course of at least three years;

• No convictions in Spain or in the applicant's country of origin or in their country/countries of residence in the five years prior to arriving in Spain, for actions which would constitute crimes in Spain;

• Connection to at least one family member —spouse, de facto partner, parent, or child— who is a resident migrant in Spain; and

• A valid job offer signed by an employer guaranteeing at least the interprofessional minimum wage (SMI) and employment over the course of a year.

Exceptionally, applicants could substitute both family ties and job offers with a report on social integration (informe de arraigo) and proof of sufficient economic means, including through self-employment.

Effects.

A successful application for Arraigo Social would lead to a one-year, exceptional residence permit. Critically:

• If the residence permit was issued with an employment offer, the validity of the permit required effective registration with Social Security according to the approved offer, leading to authorization to work in that position, and, generally, that position alone;

• If the residence permit was issued with self-employment, the validity of the permit required effective registration with Social Security as a freelancer, leading to authorization to work as a freelancer in a particular sector, and in those conditions alone; and

• If the residence permit was issued without a job offer or self-employment, but rather with the applicant's own economic means, the residence permit did not include authorization to work.

Arraigo Social Under Royal Decree 1155/2024.

Royal Decree 1155/2024 has made significant changes to Arraigo Social, both conceptually and in terms of requirements.

Whereas RD557/2011's Arraigo Social was conceived for family members of resident migrants with job offers, under RD1155/2024, Arraigo Social is —more correctly— an exceptional residence permit for migrants who have formed social roots in Spain. As such, the new regulation no longer requires a job offer to obtain residence through Arraigo Social.

Requirements.

Under Royal Decree 1155/2024, which will enter into force on 20/05/2025, Arraigo Social has the following basic requirements:

• Continuous presence in Spain over the course of at least two years;

• No convictions in Spain or in their country/countries of residence in the five years prior to arriving in Spain, for actions which would constitute crimes in Spain;

• Connection to at least one family member —spouse, de facto partner, parent, or child— who is a resident migrant in Spain; and

• Sufficient economic means, and always at least 100% of the IPREM.

Exceptionally, applicants without family ties will be able apply for residence due to Arraigo Social with a report on their social integration in Spain, which must take into account the applicants' knowledge of, and respect for, fundamental constitutional and European values as democracy, tolerance, and equality between men and women. The report must also indicate applicants' level of master of the official language(s).

Effects.

A successful application for Arraigo Social would lead to a one-year, exceptional residence permit. Critically, article 131 of Royal Decree 1155/2024 states:

The granting of a temporary residence authorization due to exceptional circumstances provided for in this chapter shall be accompanied by an authorization for self-employment or employment in Spain without limitation of geographical scope and occupation during the term of such authorization [with exceptions].

What are the exceptions?

• Residence permits granted to persons under sixteen years of age and

• Residence permits granted due to "Arraigo Socioformativo," another Arraigo figure, which will be accompanied by employment —but not self-employment— permits for up to 30 hours of work per week.

It would appear —although the language is imprecise in its efforts to distance itself from article 129.1 of Royal Decree 557/2011, which, too, seemed to make work permits available broadly— that the Government of the Kingdom of Spain wishes for Arraigo Social residence holders to receive work permits by default. This interpretation, though tentative, is supported by the Government's press release from 19/11/2024.

But appearances can be deceiving. Article 129.1 of RD557/2011, the previous regulation, contained a very similar provision, and yet Arraigo Social residence holders with their own economic means have not been authorized to work. Proceed with cautious optimism.

Side-by-Side Comparison.

	RD557/2011	RD1155/2024
Permanence	Three (3) years, continuously.	Two (2) years, continuously.
Convictions	None in Spain; none in country of origin or country/countries of residence in previous five years for actions constituting crimes in Spain.	None in Spain; none in country/countries of residence in previous five years for actions constituting crimes in Spain.
Family ties	Spouse, de facto partner, parent, or child who is a migrant resident; exceptions exist.	Spouse, de facto partner, parent, or child who is a migrant resident; exceptions exist.
Economic means	Valid job offer required by default; exceptions exist.	Own economic means (≥100% of IPREM); exceptions exist.
Exceptions	Applicants without family ties and/or valid job offer provide integration report and proof of own economic means or self-employment.	Applicants without family ties provide integration report. Applicants' economic means can come from self-employment or from family member.
Duration	One year.	One year.
Work authorization	Only if applicant had valid job offer or self-employment.	Yes?

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