📋 ARRAIGO

Arraigo Laboral (Employment-Based Residence)

Temporary residence authorisation via arraigo sociolaboral (Spain's rooted residence permit for employed workers with 2+ years of continuous stay). For people who have lived in Spain for 2 years and hold an employment contract. New category introduced by RD 1155/2024, in force since May 2025.

Minimum residence 2 continuous years in Spain
Maximum time abroad Up to 90 days across the 2 years. The regulation only requires a continuous stay (art. 126.b RD 1155/2024) without giving a figure; the 90 days are the criterion published by the Ministry itself in its official sheet for this arraigo
Legal decision period 3 months from the day after the application enters the register of the competent body (7th additional provision, section 1, RD 1155/2024)
Actual decision period 4-7 months (varies by province)
Permit duration 1 year (art. 125.2 RD 1155/2024)
2026 fee 38.28 EUR — Modelo 790 código 052 (Orden PJC/617/2025, heading 2.3.1, which names arraigo sociolaboral expressly)
Form EX-10
If they do not reply NEGATIVE on the initial application, POSITIVE on renewal — section 1 of the LOEX 1st additional provision leaves the initial application deemed refused, but its section 2 states that if the administration does not reply within three months the renewal is deemed GRANTED

General requirements

2 years of continuous stay in Spain Obligatorio

Prove at least 2 years of continuous residence in Spain immediately before the application (art. 126.b RD 1155/2024). The regulation sets no cap on absences; the Ministry's official sheet for this arraigo does — absences across those two years may not exceed 90 days. If you were an international protection applicant, the time your claim was being processed until a final decision does not count (art. 126.b, second paragraph).

Employment contract Obligatorio

A contrato de trabajo (Spanish employment contract) signed by you and by the employer. What art. 127.b RD 1155/2024 requires: a weekly working time of no less than 20 hours in aggregate, and pay of at least the SMI (Spain's statutory minimum wage) or the convenio colectivo (collective bargaining agreement) rate as it stands at the time of the application, in proportion to that working time. You may submit more than one contract only in two cases set out in the article: seasonal work, with two or more consecutive contracts from different employers; or part-time activities carried out simultaneously for more than one employer. On duration: art. 127.b sets no minimum number of months, but it applies art. 74 (except its section 1.a), and art. 74.1.b requires the contract to provide continued activity throughout the period of validity of the authorisation, which is one year (art. 125.2). The contract start date must be conditional on the authorisation taking effect.

No criminal record Obligatorio

No criminal record in Spain and in the countries where you have lived during the five years before you entered Spain, for offences that also exist under Spanish law (art. 126.d RD 1155/2024) — not only your country of origin, and only for conduct that is also a crime here. You do NOT have to produce the Spanish certificate yourself — the immigration office obtains the central criminal records report, and the police report on you, on its own initiative (art. 130.2). You do have to produce the one from your countries of residence yourself, if you are above the age of criminal responsibility, except in two cases — having stayed continuously in Spain for the last five years, or having already evidenced this in an earlier application within those five years without leaving Spain since (art. 130.2). These reports are issued within seven days. And a record appearing in the police report is not, in itself and automatically, grounds for refusal — the competent body assesses case by case whether you represent a threat to public order, internal security, public health or the international relations of any EU Member State (art. 130.2).

Not listed as inadmissible, and not within a no-return commitment period Obligatorio

The regulation requires two distinct things: not being listed as inadmissible in the territory of countries with which Spain has signed an agreement to that effect (art. 126.e), and not being within the period of the no-return commitment you accepted on voluntarily returning to your country of origin (art. 126.f).

Not an international protection applicant Obligatorio

You must not hold the status of international protection applicant when you file the application, nor while it is being processed (art. 126.a RD 1155/2024).

No threat to public order Obligatorio

You must not represent a threat to public order, public security or public health (art. 126.c RD 1155/2024). This is checked against your criminal record in Spain and an assessment of the corresponding police report (art. 74.1.h, which applies through art. 127.b).

No other authorisation held and none being applied for Obligatorio

Requirement added by RD 316/2026 — you must not hold a stay or residence authorisation, nor be an interested party in proceedings for the granting, extension, renewal or modification of stay or residence authorisations (art. 126.h RD 1155/2024).

Fee paid Obligatorio

Paying the processing fee is a general requirement under art. 126.g RD 1155/2024, not merely a step in the process.

Valid passport Obligatorio

A complete copy of your valid passport. The regulation equally accepts a cédula de inscripción (registration certificate for undocumented foreigners) or a valid travel document recognised in Spain (art. 130.1.a RD 1155/2024).

Historical empadronamiento certificate Obligatorio

Empadronamiento (municipal registration) history evidencing the 2 continuous years. The regulation requires you to prove the stay but does not set the means of proof; the historical empadronamiento certificate is what immigration offices ask for in practice.

Step-by-step process

1
Secure an employment contract
Obtain one or more contracts with a Spanish employer adding up to at least 20 hours/week and paying the SMI or the convenio colectivo rate in proportion to that working time. Because art. 127.b applies art. 74, the employer must also be up to date with Hacienda (Spanish tax authority, AEAT) and the Seguridad Social (Spain's Social Security) (74.1.d) and have sufficient financial, material or staffing resources for the business and to meet the obligations under the contract (74.1.e); the agreed terms must match the applicable legislation and convenio colectivo for the same activity, professional category and locality (74.1.c). You must hold the training and, where applicable, the professional qualification legally required for the occupation (74.1.f).
⏱️ Variable
2
Gather documentation
Prepare: form EX-10, a complete copy of your passport, historical empadronamiento (2 years), an apostilled criminal record certificate from the countries where you lived in the five years before entering Spain (the Spanish one is obtained by the immigration office itself, art. 130.2), the signed employment contract, employer documentation (CIF — Spanish company tax ID; TC2 — monthly Social Security contribution record; AEAT and TGSS clearance certificates).
⏱️ 2-4 weeks
3
Book an appointment at the Oficina de Extranjería
Book the appointment on sede.administracionespublicas.gob.es.
⏱️ Variable
4
Submit the application
You apply FROM WITHIN SPAIN and it does not require a visa — art. 130.1 RD 1155/2024 says so expressly, so there is no consulate step. Attend in person with full documentation (art. 130.1). Someone else may file it only in two cases — minors, and people with a disability who need support to exercise their legal capacity, where their legal representative or the person providing that support files it. Pay the fee via Modelo 790 código 052 — 38.28 EUR under Orden PJC/617/2025, heading 2.3.1. If a document is missing you will be asked to supply it within the period stated in the notice, which cannot exceed fifteen days; if you fail to do so in time you are deemed to have WITHDRAWN the application and the file is closed (art. 130.3).
⏱️ 1 day
5
Wait for the decision
From the moment your application is admitted for processing and until it is decided, you are PROVISIONALLY authorised to live and to work as an employee — this is specific to this arraigo, and the notice starting the procedure must state it (art. 130.5 RD 1155/2024). The legal deadline to notify the decision is 3 months, and it does NOT run from admission for processing — it runs from the day after the application enters the register of the body competent to process it (7th additional provision, section 1; art. 130 sets no deadline of its own). If it passes with no reply, this INITIAL application may be deemed refused by silence (8th additional provision RD 1155/2024, referring to section 1 of the LOEX 1st additional provision). Note — for RENEWAL the rule is reversed, see the last step. In practice, 4-7 months depending on the province.
⏱️ 3-7 months
6
Approved: Social Security registration and TIE
The authorisation only takes effect if you are registered with the corresponding Seguridad Social scheme within one month of the notification (art. 130.5). Within that same one-month period you must apply in person for your Tarjeta de Identidad de Extranjero (TIE — Foreigner's Identity Card) (art. 130.6). Once granted, the authorisation carries a work permit, employed or self-employed, with no geographical or occupational limits (art. 131) — you are NOT tied to the employer or the contract you applied with. TIE fee: 16.08 EUR (Orden PJC/617/2025, heading 4.2).
⏱️ 1 month
7
Renew the authorisation after one year
The authorisation lasts one year, and any renewal granted lasts another year (art. 132.1). Renewal has its own requirement, different from the one you applied with — art. 132.2.a RD 1155/2024 makes renewal of arraigo sociolaboral conditional on evidencing that you are ACTIVELY SEEKING WORK and duly registered with the public employment service. It can be renewed without that evidence where duly justified circumstances prevent access to work, such as illness, disability, or having reached statutory retirement age. Apply during the two months before it expires — filing within that window extends the previous authorisation until a decision is issued (art. 132.3). It is also extended if you file within three months after expiry, but that does not prevent the corresponding penalty proceedings. And here silence works IN YOUR FAVOUR, the opposite of the initial application — section 2 of the LOEX 1st additional provision states that once three months have passed from the renewal entering the register with no express reply, it is deemed GRANTED.
⏱️ 2 months before expiry

Mistakes that get applications refused

⚠️ Contract below 20 hours/week, or pay below the SMI in proportion to the working time

What happens: Denial

What to do: Working time must add up to 20 hours a week or more in aggregate, and pay must reach the SMI (or the convenio colectivo rate) in proportion to it. If a single contract falls short, art. 127.b RD 1155/2024 allows adding several only in two cases: consecutive contracts from different employers in seasonal work, or simultaneous part-time contracts with more than one employer.

⚠️ Believing the national employment situation must allow the hire

What happens: Turning down a valid offer, or wasting time on the shortage occupation list

What to do: It is NOT required for this arraigo. Art. 127.b applies the requirements of art. 74 expressly EXCEPT its section 1.a, which is precisely the national employment situation — unlike the ordinary work permit.

⚠️ Employer not up to date with Hacienda or Seguridad Social

What happens: Denial

What to do: Check beforehand that the employer holds current clearance certificates from the AEAT (Spain's tax agency) and the TGSS (Tesorería General de la Seguridad Social, Spain's Social Security treasury).

⚠️ Applying for arraigo sociolaboral without an employment contract (confusing it with arraigo social)

What happens: Denial

What to do: No contract → arraigo social (Spain's rooted residence permit based on social integration, no employment contract required). With contract → arraigo sociolaboral. Two distinct categories since May 2025.

⚠️ Long absences from Spain during the 2-year period

What happens: Failure to prove continuous stay

What to do: Track your trips. The regulation only requires a continuous stay, with no figure; the Ministry's official sheet sets the criterion of 90 days maximum across the two years. If you exceed it, wait longer before applying.

Official sources

🔗 Ley Orgánica 4/2000 de derechos y libertades de los extranjeros → 🔗 RD 1155/2024 (reforma arraigos) → 🔗 Reglamento LOEX - RD 1155/2024 → 🔗 Formulario EX-10 → 🔗 Sede electrónica Policía Nacional - Cita TIE →

Última actualización: 2026-04-15

ℹ️ La información de esta web es orientativa y de carácter general. No constituye asesoramiento jurídico. Para tu caso concreto, consulta con un abogado especializado en extranjería o con la oficina oficial correspondiente. Emigra España nunca aconseja actuar fuera de la legalidad.