What is work-based roots residence and how can it be applied for?
Work-based roots residence is a temporary residence authorization on exceptional grounds that may be granted to foreign nationals who are living irregularly in Spain and have had an employment relationship for at least six months. This authorization allows them to live and work legally in Spain for one year, renewable for a further two years.
What requirements must be met to obtain work-based roots residence?
To apply for work-based roots residence, the following requirements must be met:
– Having lived continuously in Spain for at least the two years immediately preceding the submission of the application.
– Having no criminal record in Spain or in the country of origin or last residence during the previous five years.
– Proving the existence of an employment relationship lasting at least six months with a company or employer who complies with their tax and Social Security obligations.
– Not being a citizen of a European Union Member State, the European Economic Area or Switzerland, nor a family member who may benefit from the EU free-movement regime.
– Not being in Spanish territory irregularly as a result of having been refused entry at the border, returned or expelled.
– 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.
What documents must be submitted to apply for work-based roots residence?
To apply for work-based roots residence, the following documents must be submitted:
– Official application form (EX–10), in duplicate, duly completed and signed by the interested person 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 where the applicant lived during the five years immediately before entering Spain, translated and legalised.
– Municipal registration certificate proving continuous residence in Spain for at least the two years preceding the application.
– Documentation proving the employment relationship through a final court judgment or final administrative decision recognising the employment relationship and its duration, or through a complaint filed with the Labour and Social Security Inspectorate by the worker or employer, accompanied by the employment contract and documents proving registration and contributions to Social Security.
– If acting through a representative, a copy of the document proving their representation and a copy of their national identity document or passport.
What procedure must be followed to apply for work-based roots residence?
To apply for work-based roots residence, the following procedure must be followed:
– Submit the application in person or through a representative at the Foreigners’ Office corresponding to the applicant’s address. The address, opening hours and specific requirements of each Office can be found at https://www.inclusion.gob.es/web/migraciones/w/oficinas-de-extranjeria
– Pay the relevant fees within ten working days of notification that the procedure has begun. One fee must be paid for processing the case (model 790, code 052) and another for issuing the foreigner identity card (model 790, code 012).
– The Foreigners’ Office will decide on the case and notify the applicant or their representative. The maximum decision period is three months from the date on which the application was submitted. If no notification is received within that period, the application may be deemed rejected by administrative silence.
– If the decision is favourable, an appointment must be requested for fingerprinting and the issue of the foreigner identity card at https://sede.administracionespublicas.gob.es/icpplus/index.html
– Once the appointment has been obtained, the applicant must attend the relevant Police Station with their passport, the favourable decision and proof of payment of the card fee. The card can be collected within one month of fingerprinting.
We hope this information has been useful and encourage you to continue learning about your rights and responsibilities as a migrant in Spain. Remember that work-based roots residence is an opportunity to regularise your situation and access a more dignified and secure life.
