Are you a migrant who has been living in Spain for at least three years and wants to regularise your situation? If so, you may be interested in applying for a temporary residence authorization on exceptional grounds: social roots (HI 36). This permit allows you to live and work legally in the country for one year, provided that you meet a series of requirements. In this article we explain what this authorization involves, what you need to obtain it and how you can apply.
What is social roots residence?
Social roots residence is a temporary residence authorization on exceptional grounds that may be granted to foreign nationals who are in Spain and meet one of the following two conditions:
- Having family ties with other resident foreign nationals or with Spanish nationals. For example, being the spouse, registered unmarried partner, first-degree ascendant or first-degree direct descendant of a person who has Spanish residence or nationality.
- Being socially integrated into the community. To prove this, you must submit a report certifying your social integration, issued by the Autonomous Community or the Town Hall where you have your usual address.
In addition to these conditions, you must also meet the following general requirements:
- Not being a citizen of a European Union Member State, the European Economic Area or Switzerland, or a family member of citizens of these countries to whom the EU citizen regime applies.
- Having no criminal record in Spain or in your previous countries of residence for offences recognised under Spanish law.
- Not being banned from entering Spain or listed as inadmissible in the territory of countries with which Spain has signed an agreement to that effect.
- Not being, where applicable, within the period of a commitment not to return to Spain that you assumed when voluntarily returning to your country of origin.
- Having lived continuously in Spain for a minimum period of three years. To meet this requirement, absences from Spain during this period may not exceed 120 days.
What documents do I need to apply for social roots residence?
To apply for social roots residence, you must submit the following documents:
- Official application form (EX–10), in duplicate, duly completed and signed by the foreign national or their legal representative.
- Full copy of a passport, travel document or registration certificate valid for at least four months.
- Criminal-record certificate issued by the authorities of the country or countries in which you lived during the five years immediately before entering Spain.
- Documents proving compliance with the requirement concerning the minimum period of continuous residence immediately before the application. This may be proven with a collective or individual municipal registration certificate or receipt issued by the Town Hall showing the date from which you have lived uninterruptedly in Spain. If you cannot provide this certificate or receipt, you must document the reasons why and provide any other legally valid evidence.
- Documents proving compliance with the requirement concerning family ties or a favourable report on social integration. In the case of family ties, you must submit a copy of the passport, identity card or EU-family-member card of the resident family member with whom the tie is claimed, together with a public document proving the family relationship. In the case of a favourable social-integration report, you must submit the report issued by the Autonomous Community or Town Hall where you have your usual address.
- Documents proving compliance with the requirement concerning the employment contract. You must submit a copy of the contract signed by both parties, lasting at least one year and notified to the competent State Public Employment Service. You must also submit the employer’s identification documents, a statement of responsibility or prior notification and proof of submission, registration with the relevant Social Security scheme or mutual insurance scheme, and a certificate confirming that tax and Social Security obligations are up to date. The contract may be waived if you prove that you have sufficient financial means or that they derive from self-employment, provided that this is recommended in the social-integration report.
How can I apply for social roots residence?
Social roots residence must be applied for in person or through a legal representative at the Foreigners’ Office of the province where you have established your address. The application may also be submitted online through the Electronic Office of the Ministry of Inclusion, Social Security and Migration.
The application may be submitted at any time, provided that the required conditions are met. There is no maximum or minimum deadline for doing so.
The Foreigners’ Office has three months to decide on the application. If there is no response within that period, the application is deemed rejected by administrative silence.
If the application is approved, you will be granted a one-year temporary residence authorization on exceptional grounds, with the possibility of renewal. You may also apply for authorization to work as an employee or on a self-employed basis during the same period.
To obtain the foreigner identity card (TIE) proving your residence authorization, you must request an appointment at the Police Station corresponding to your address. You must submit your passport, a recent photograph and proof of payment of the relevant fees.
We hope this article has helped you understand social roots residence and how to apply for it. If you have any questions or need more information, you can consult the official sources listed below:
- Ministry of Inclusion, Social Security and Migration: https://www.inclusion.gob.es/web/migraciones/w/autorizacion-residencia-temporal-por-circunstancias-excepcionales.-arraigo-social
- Infoinmigrantes: https://infoinmigrantes.es/autorizacion-de-residencia-temporal-por-arraigo-social/
- Parainmigrantes: https://www.parainmigrantes.info/autorizaciones-de-residencia-por-circunstancias-excepcionales/
- Inmigrantes.net: https://inmigrantes.net/residencia/temporal/excepcional/arraigo-social/
