Residence permit in Spain for social settlement.
Who can ask?
A residence permit in Spain for social settlement (autorizaci & o de residencia temporal por circunstancias excepcionales – arraigo social) can be obtained by a foreigner who has lived on a permanent basis in Spain at the time of applying for at least three years, as well as having family ties in the kingdom or a good integration into Spanish society.
& rArr; not be a citizen of one of the states of the European Union, the European Economic Area or Switzerland, and also a member of the family of citizens of these countries;
& # 8658; do not have a criminal record in Spain and in countries at the place of previous residence for crimes existing in the Spanish legal system;
& # 8658; not to have a ban on entry to Spain and not to appear as “undesirable” & raquo; Persons in the territory of countries with which Spain has relevant agreements;
& # 8658; not participate in the voluntary return to the country (retorno voluntario);
& # 8658; live on a permanent basis in Spain for at least three years. In order for this requirement to be met, all periods of absence in the territory of the kingdom during this period should not exceed 120 days;
& # 8658; have family ties with a resident alien or a Spanish national (family ties in this case means the presence in the kingdom: the spouse /, registered cohabitee, parent / s, child / children). Or to have a report (informe) confirming the social integration of the applicant, issued in the autonomous community or in the municipality (city hall) at the place of residence. Important! If the requested document (informe) has not been issued to the applicant within 30 days of the request for valid reasons that can be proved, the foreigner can confirm his social integration in any other way that permits the law;
& # 8658; have a working contract signed by the employee and employer for a period of at least one year. The company-employer must be registered with the Spanish social security system, as well as fully fulfill its obligations, such as the timely payment of taxes and insurance premiums.
At the same time, a firm that employs an alien must guarantee the latter permanent employment, and also have sufficient funds or working tools for the successful implementation of the business project and the obligations arising from the work contract.
If a foreigner is employed in the agricultural sector, he can submit two labor contracts with different employers, but the duration of each must be at least six months.
It is also possible to present several work contracts in the same professional area at the same time from different employers. This is possible when the duration of each contract will be at least one year, and employment in the total amount will be at least 30 hours per week.
Important! The applicant can be exempted from the submission of a work contract in the event that the foreigner can confirm the availability of financial means sufficient for him to live properly for the entire period of validity of the residence permit. Also, a working contract may not be required if a foreigner can confirm a permanent income from business activities and provided that it is recommended in the report on social integration drawn up by the autonomous community.
– a questionnaire in the form of EX-10 in a double copy. Must be completed and signed by the applicant;
– a full copy of the passport or other travel document (for example, c & eacute; dula de inscripci & n; or t & iacute; tulo de viaje), whose validity period should not be less than 4 months;
– a certificate of non-conviction issued in the state / s where the alien has resided for the past 5 years;
– one of the following documents:
a certificate attesting to the family relations of the alien (this may be a marriage certificate, a certificate of registered cohabitation, birth certificates or other documents confirming the presence of close relatives in Spain) and / or a report on the social integration of an alien issued by the autonomous community in the applicant’s residence ;
– documents confirming the means to a decent residence in the kingdom. It can be:
1. A special contract for the specified requirements, signed by the employer and the employee. In this case, you need to submit the following documents:
a) a copy of N.I.F and, if necessary, & ndash; company extracts (escrituras de la empresa);
b) a copy of the document confirming the professional qualifications of the foreigner, necessary for the performance of work;
c) confirmation that the company can guarantee stable and reliable working conditions to the foreigner. This can be done through the declaration of personal income tax (IRPF) or VAT (IVA), as well as corporate income tax (Impuesto de Sociedades) or through the report of the production life of the enterprise (VILE). In addition, it is necessary to attach a description of the work that the foreigner will perform.
2. In the case where the applicant does not have a work contract, but confirms that he has sufficient financial resources, and in the report on integration from the autonomous community, it is recommended not to require a working contract from an alien, you should provide:
a) documents confirming the existence of a foreigner’s means of subsistence sufficient for a full residence in Spain;
b) in cases where the applicant intends to conduct business, it is necessary to provide:
I. In the retail business and in the business of providing the various services listed in the annex to the Royal Decree of 19/2012, where the conduct of activities takes place in commercial premises of not more than 300 square meters, it is necessary to present a responsible application or advance notice (declaraci & n responsable o comunicaci & # 243; n previa) (in terms of Article 71.bis of Law 30/1992) and, if necessary, evidence of payment of the relevant tax. In all other cases (for entrepreneurs), depending on the field of activity, documents confirming the permission to open / conduct business and / or the necessary license and / or various papers should be submitted, indicating that the foreigner is in the process of issuing appropriate certification.
II. Copies of documents confirming the applicant’s professional training and (if necessary) professional qualifications, which may be required for entrepreneurial activities.
III. Documents confirming sufficient funds for business development. It is also possible to provide confirmation of financial assistance from financial and / or other institutions.
IV. A business plan indicating the investments, the estimated profit and the planned number of jobs.
Attention! For items II, III and IV for the necessary documentation, the applicant can apply to the following Spanish organizations:
Federaci “Nacional de Asociaciones de Empresarios y Trabajadores Aut” nomos (ATA) Organizacion de Profesionales y Autos nomos (OPA) Uni de Profesionales y Trabajadores Aut u nomos (UPTA) Uni de Asociaciones de Trabajadores Autos y Emprendedores (UATAE) Confederacion Intersectorial de Autos del Estado Espa (ol) (CIAE)
Attention! Before submitting copies of documents for consideration of applications for residence permit, first show their originals.
Important! If necessary, all documents of foreign origin should be translated into Spanish and, if available, the official language of the community. Also, all foreign documents must be legalized before applying for a residence permit in Spain for social settlement.
Where do the documents go?
The required package of documents is submitted to the Office of Immigration (Oficina de Extranjer, a) at the place of registration of the applicant in Spain.
The filing may be personal or, in the case of a minor or disabled person, his legal representative. A state fee of 36.42 euros is also paid (modelo 790, digo 052, ep? Grafe 2.5? Autorizaci? N de residencia temporal por circunstancias excepcionales & rdquo;).
The time for consideration of the application.
The application is usually considered within 3 months from the moment it enters the required Spanish state agency. If after this period the foreigner has not been notified, this means that in the form of residence in Spain for social settlement – arraigo social – he was denied by default.
Important! If Spanish officials were unable to notify the applicant of the status of his request, then the decision is published on the board of immigration resolutions. After 20 calendar days from the date of publication of the decision on the board, it will be considered that the foreigner has been notified, and this stage of consideration of documents has already been passed, and the procedure for considering the application continues.
After receiving notification of granting a foreigner a residence permit:
for those who provided a working contract – a foreigner within a month must be registered in the Spanish social security system (Seguridad Social) by the same company / individual that is specified in the work contract. After this condition is fulfilled, the permit for residence and work begins to act.
For those who did not provide a work contract – if the applicant did not provide a work contract, then the residence permit starts to act immediately after receiving a positive decision on residence permit.
Also, after approval of the issuance of a residence permit within a month, the applicant must apply to the Immigration Office for the registration of the resident card.
The original residence permit of this type already includes a work permit for hiring or for doing business in Spain, if the funds received from this work activity are basic for a full residence in the kingdom.
The residence permit in Spain for exceptional circumstances – for social settlement is valid for one year. After expiration, the foreigner can request a new residence permit or permit for residence and work.
* Ley Org & nica 4/2000, de 11 de enero, sobre Derechos y Libertades de los Extranjeros en Espa & a y su Integraci & n Social (art.31.3)
* Reglamento de la Ley Orge nica 4/2000, aprobado por Real Decreto 557/2011, de 20 de abril (art & culos del 62 al 66 y del 123 al 130).
* Real Decreto Ley 19/2012, de 25 de mayo, de medidas urgentes de liberalizaci & n del comercio y de determinados servicios.
* Ley 30/1992, de 26 de noviembre, de R & # 233; gimen Jur, dico de las Administraciones P ublicas y del Procedimiento Administrativo Comu.
News of Spain.
Related articles:
Municipal payments are inevitable and one of the largest items of expenditure for all who receive a residence permit in Spain. No matter how carefully the information on the cost of living in the country is collected by future immigrants, a clear idea of exactly what amounts are to be paid is usually obtained only after settling in that country. At the same time they often have to get rid of certain false concepts that exist in this area. To do this in advance will help the material on this topic of the portal Moneysaverspain, who wondered to find out how true are those or other myths regarding communal payments in Spain.
Considering options where to move after a residence permit in Spain is obtained, many immigrants choose Costa del Sol. Today’s story is about one of the popular cities of this coast – Estepona. This former fishing village attracts thousands of tourists every year, and many who like to rest here decide to buy property in the property.
Potential immigrants planning to obtain a residence permit in Spain and who chose Catalonia for their future residence certainly watched the elections in the autonomy. Their results turned out to be very controversial: supporters of the department managed to get an impressive majority in the parliament, but at the same time Ciudadanos, which stands against the office, got the most seats among the parties that took part in the elections. According to analysts, such election results indicate a deep split in Spanish society, despite the active intervention of Madrid.
All who are going to obtain a residence permit in Spain, it is known: with a relatively low cost of living, the standard of living in this country is quite high. Nevertheless, for those who only recently arrived in this country, the issues of economy are often very relevant. Despite the affordable cost of products in Spain, there is still a chance to save on their purchase. This is told by the portal Moneysaverspain.
All those who receive a residence permit in Spain, as well as the rest of the country’s inhabitants, have two options for solving the housing problem: buying or renting a house or apartment. Despite the fact that traditionally the Spaniards are adherents of the first model, the number of households renting housing is constantly growing.
Lawyer in Spain.
Main office.
Our central office is close by.
with the General Consulate of Spain.
in Moscow at the address:
m. Serpuhovskaya, 115054 Moscow,
ul. �����, �.9 / 26, ���.1, entrance 2,
floor 3 office 300 (intercom – code 5K2478)
115093 Moscow,
ul. Shchipok, d. 9/26, p. 1.
with / Francisco Giralte, 2, 28002 Madrid.
Carrer de la Marina, 148-150 Entlo. 3 – 08013 Barcelona.
Information portal “AZBUKA SPAIN”. Copying and using the materials of the portal without the written consent of the author is a violation of copyright and is prosecuted by law.