Second Chance: New Arraigo de Segunda Oportunidad

With "Arraigo de segunda oportunidad," you may not need to cry over spilled milk.

What is "Arraigo de segunda oportunidad?"

Spain's new immigration regulation, RD1155/2024, has introduced a new residence permit called "Autorización de residencia temporal por circunstancias excepcionales por razón de arraigo de segunda oportunidad," or "Temporary Residence Authorization due to Exceptional Circumstances due to 'Second Chance' Roots."

While a conceptual mess —what are "Second Chance" roots?— the new "Second Chance" residence scheme is an exciting new pathway for regularization.

Who is "Arraigo de segunda oportunidad" for?

Our incoming regulation's "Second Chance" scheme is geared, in short, to people who, for one reason or another, failed to renew their temporary residence permits.

Cases abound. The following are cases we have seen at our firm:

• Applicants denied renewals of previously renewed, temporary non-lucrative residence permits (colloquially known as "non-lucrative visas") due to insufficient funds, due to missing documents, or due to missed deadlines.

• Applicants denied renewals of initial, temporary residence permits as highly qualified professionals due to changes in their employment conditions within their sponsor employers' enterprise or due to changes in employer —even if the new position was also "highly qualified."

• Applicants denied long-term, long-term EU, or permanent residence due to a failure to maintain temporary residence requirements, due to changes in family status, or due to excessive absences. (The courts consider long-term, long-term EU, and even permanent residence applications to be, in effect, "renewal" applications).

• Applicants of all types who —simply put— filed their renewal applications improperly or in an untimely manner.

In many of these cases, our administrative and contentious-administrative appeals were able to restore our clients' legal status in the country. In many others, however, we were forced to advise clients to leave the country and apply for new visas from abroad, with all of the costs and inconveniences this entails.

What are the requirements for regularization by "Arraigo de segunda oportunidad?"

Requirements common to all* Arraigo residence permits.

In RD1155/2024, all Arraigo residence permits share the following general requirements:

1. The applicant must be in Spain at the time of filing.

2. The applicant must not currently be involved in an application for international protection in Spain.

3. The applicant must have been in Spain continuously** for at least two years at the time of filing.

4. The applicant must not be a threat to public order, safety, or health.

5. The applicant must not have been convicted in Spain, or in their countries of residence in the five years prior to arriving in Spain for actions or omissions which would have constituted crimes in Spain.

6. The applicant must not be refusable.

7. The applicant must pay an administrative fee ("tasa") for the processing of their application.

* Except Arraigo Familiar.

** Time spent during an international protection application —including subsequent appeals— does not count towards the two years.

Requirements specific to the new "Second Chance" scheme.

1. The applicant must have held a residence permit, other than a residence permit due to exceptional circumstances, in the last two years before the time of filing.

2. The applicant's previous residence permit must not have been renewed, for any reason other than public order, health, or safety reasons.

Can you work on an "Arraigo de segunda oportunidad" residence permit?

In short, yes.

Article 131 of RD1155/2024 provides for blanket ex lege authorization to work for holders of residence permits due to exceptional circumstances —which includes "Arraigo de segunda oportunidad" residence permits.

However, your "Second Chance" residence permit will not allow you to work if, for example, you are under the age of 16.

Is "Arraigo de segunda oportunidad" the right option for you?

We would not be good lawyers if we did not answer "it depends."

Whether RD1155/2024's "Second Chance" scheme is best for you depends on many circumstances. You must meet —or be capable of meeting— the requirements listed above. But there must also be no better options available to you. That is, just because you can apply for a "Second Chance" residence permit does not mean you should.

Weigh your options and, as always, consult with a trusted immigration lawyer.

Request a consultation with Melcart Abogados