The "arraigo familiar" is one of the most common options used by foreign citizens to regularize their migratory situation in Spain. This legal figure allows those who meet certain requirements to obtain a residence permit in Spanish territory. If you are in an irregular situation and have direct family members in Spain, this guide will help you understand the process and the benefits of applying for family roots.
What is Arraigo Familiar?
The "arraigo familiar" is a type of residence permit for exceptional circumstances granted to foreigners who have family ties with Spanish citizens. The purpose of this permit is to facilitate integration and guarantee the right to family unity.
Requirements to apply for the Arraigo Familiar
To access this figure, it is necessary to comply with the following requirements:
- Direct family relationship:
- Be a parent of a minor of Spanish nationality.
- Be the son or daughter of a Spanish citizen of origin.
- Be the spouse or accredited domestic partner of a Spanish citizen.
- Being an ascendant over 65 years of age or a descendant under 21 years of age of a Spanish citizen or his/her spouse or common-law partner.
- Not be prohibited from entering Spain
- No criminal record:
- Not having a criminal record in Spain or in the countries where you have resided during the last five years.
- Not be a citizen of a state of the European Union, the European Economic Area or Switzerland.
Necessary Documents
The application for family roots requires a series of documents that accredit your family situation and relationship. These are the most important ones:
- Form EX-10: Duly completed and signed.
- Complete passport: Current and with all pages stamped.
- DNI of the Spanish citizen
- Documentation that proves the family relationship with a Spanish citizen.Birth Certificates, Marriage Certificates, etc., can be included.
- Joint registration: To demonstrate cohabitation with the family member.
- Certificate of criminal record: Issued by the country of origin and duly legalized or apostilled.
- Rate model 790 code 052: Proof of payment of the corresponding fee.
Application Process
The procedure to apply for family roots is relatively simple, but requires attention to detail. Below, we explain the main steps:
- Document preparation: Gather all the necessary documents and verify that they are properly legalized or apostilled.
- Submission of the application: Request a Appointment at the Immigration Office corresponding to your place of residence or through the Mercurio platform.
- Resolution: Once the application has been filed, the administration has a period of 3 months to decide. However, in practice it is possible that the deadline may be extended beyond the established period.
- Processing of fingerprints: If the resolution is favorable, you must apply for your Foreigner's Identity Card (TIE) at a police station.
Advantages of Family Roots
Family roots offer multiple benefits for those who are able to obtain them:
- Regularization of immigration status: Allows you to reside and work legally in Spain.
- Ease of renovation: This permit may be renewed or modified to other legal residency statuses.
- Access to rights: Being regularized, you can access basic services such as health, education and social security.
- Family reunification: You may facilitate the residence of other family members under certain conditions.
Final Considerations
It is important to keep in mind that each case is unique and that personal circumstances may influence the outcome of the process. Therefore, it is advisable to have specialized advice to avoid mistakes that may delay or hinder the process.
At Ven Emigra we are here to help you! Our team of immigration experts will guide you through every step of the process so that you can regularize your immigration status effectively and safely.
Ready to take the next step? Book a meeting with us and start your family rooting process today.
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Specialized in Immigration Law and New Technologies.