New Arraigo Sociolaboral Under RD1155/2024

"Arraigo Sociolaboral" replaces RD557/2011's general Arraigo Social for persons with job offers.

The Situation Until Now: Arraigo Social and Arraigo Laboral in outgoing Royal Decree 557/2011

For years, RD557/2011 presented a very confused concept of "Arraigo Social" and "Arraigo Laboral" —social and labor roots, respectively— which betrayed a deep disconnect between the regulator and society at large.

"Arraigo Social," which, as the etymology of the term would indicate, should have been geared towards foreign citizens who had formed roots in our country, whether through family connections or not, seemed more geared towards foreign citizens who had obtained valid job offers or who could provide for themselves through self-employment or through their own economic means. In truth, social roots in Spain were secondary, if not insignificant, to the figure.

In parallel, "Arraigo Laboral," etymologically centered around foreign citizens who had formed roots in Spain by way of their activity in the labor market, has, since its inception, suffered numerous regulatory and jurisprudential changes, reflecting the poorly thought-out nature of the regulatory framework, which, for a time, required proving that the applicant's employer had been sanctioned on account of the applicant's irregular work. (This requirement led to many having to weigh remaining irregular or turning in their employers). In its final evolution, unlike other Arraigo figures, Arraigo Laboral requires that the applicant is already in irregular status at the time of filing.

In the two figures above, the applicant had also to prove that they had remained in Spain continuously for three years and two years, respectively.

Why? Why require work for a residence permit designed for folks with social roots in Spain? Why did these social roots not require sharing common democratic values? Why did "labor roots" require an employer to have been fined or sanctioned —a matter largely outside the applicant's hands? Why did social roots in the country require more time to form than labor roots?

To our detriment, the government was confused.

The Situation as of Royal Decree 1155/2024: Arraigo Sociolaboral

As discussed in our article, "New Arraigo Social Under Royal Decree 1155/2024," the new regulation has fundamentally reconfigured Arraigo Social, conforming the figure with its etymology: Arraigo Social will be for migrants who have formed social roots in Spain, whether through family ties or through assimilation, regardless of work conditions.

RD1155/2024 has also introduced the figure of Temporary Residence due to Exceptional Circumstances due to Social-Labor Roots ("Residencia temporal por circunstancias excepcionales por razón de arraigo sociolaboral") —"Arraigo Sociolaboral" for short.

In short, this permit more clearly distinguishes between social and labor roots in Spain, and ceases to require —directly or indirectly— turning in one's employer(s).

Requirements

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

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

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

• One or more job contracts guaranteeing at least the Interprofessional Minimum Salary (SMI) —or the salary established in a collective agreement, if higher— proportional to the hours worked, provided the global hours worked are at least twenty per week; and

• Experience and qualification, as appropriate, for the position offered.

In addition to these requirements centered around the applicant, the applicant's employer(s) must meet the following basic requirements:

• Guarantee of employment throughout the duration of the residence permit, conditioning the performance of the contract on a favorable resolution by the Government;

• Respect for labor laws in the contractual agreement;

• No overdue tax or social security contributions; and

• Sufficient economic means with which to pay the applicant's salary.

As with the current Arraigo Social scheme under Royal Decree 557/2011, Arraigo Sociolaboral will not require proving that no one else is available to "do the job."

Differences with Arraigo Social Under RD557/2011

Arraigo Sociolaboral in the new Spanish immigration regulation differs from the confused, ill-configured Arraigo Social of RD557/2011 in five significant ways:

1. The applicant must prove two, not three, years of continuous presence, in all cases;

2. The applicant does not need to be in irregular status at the time of filing;

3. The applicant does not need to turn in their employer(s);

4. The applicant does not need to earn the full-time SMI if they are not full-time workers; and

5. The applicant does not need to prove that they have social roots in Spain, whether through family ties or through assimilation.

With these changes, we expect more people to be able to regularize their migratory situations in Spain, leading to greater assimilation and enfranchisement.

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