Complete Guide to Family Roots in Spain: Requirements, Documentation, and Application Process
Arraigo Familiar is a temporary residence permit in Spain granted to foreign citizens with family ties to Spanish citizens. This type of authorization allows individuals to reside and work legally in the country, making it a valuable option for those seeking to establish themselves in Spain for family reasons. With the Reform of the Immigration Regulation on the horizon, it’s crucial to be well-informed about the requirements and processes to make the most of this opportunity. In this guide, we will provide all the necessary information for effectively applying for Family Roots.
What is Family Roots (Arraigo Familiar)?
Family Roots is a temporary residence authorization granted in exceptional circumstances. This permit is essential for those who wish to reside in Spain due to their relationship with Spanish citizens. It is important to highlight that this authorization allows both residence and work, making it an attractive option for many individuals.
Who Can Apply for Family Roots?
Several categories of individuals may apply for this type of permit:
- Parents or Guardians of Minor Spanish Citizens: Those who have a minor child who is a Spanish citizen and who either lives with them or fulfills their parental obligations.
- Individuals Providing Support to a Spanish Citizen with a Disability: It is necessary to live with the person who requires support to exercise their legal capacity.
- Spouses or Registered Partners of Spanish Citizens: This also includes dependent relatives aged over 65 years and descendants under 21 years old who are dependent on the Spanish citizen.
- Children of Originally Spanish Parents: Those whose mother or father was originally Spanish can apply for this permit.
General Requirements for Family Roots
To apply for Family Roots, the following requirements must be met:
- Must not be a citizen of an EU Member State, EEA, or Switzerland.
- Must not have a criminal record in Spain or in the countries where you have resided during the last five years.
- Must not be prohibited from entering Spain nor be registered as undesirable in countries with agreements with Spain.
- Must not be within a non-return commitment period to Spain after voluntarily returning to your country of origin.
Necessary Documentation for the Application
To carry out the application for Family Roots, it is essential to submit a series of documents that verify your situation. Below is the required documentation:
- Application Form: Official form (model EX-10) in duplicate, properly filled out and signed.
- Passport: A complete copy of your passport or travel document, which must have a minimum validity of four months.
- Criminal Record Certificate: This must be issued by the authorities of the country or countries where you have resided in the five years prior to entering Spain.
- Documents Proving Family Ties: Depending on your situation, you will need to provide different documents that prove your relationship with the Spanish citizen.
- If you are a parent of a Spanish minor: Birth certificate of the child that proves the family tie and the child’s Spanish nationality.
- If you are a spouse or registered partner of a Spanish citizen: Documentation proving this relationship and the situation of being dependent if necessary.
- If you are a child of originally Spanish parents: Birth certificate proving that condition.
- Payment of Fees: You will need to pay the corresponding fee (790 code 052).
- Translation and Legalization: All foreign documents must be translated into Spanish or the official language of the region where the application is submitted by a sworn translator. Furthermore, documents must be legalized or apostilled as necessary.
Duration and Renewal of Family Roots
The Family Roots permit is initially granted for one year. During this time, you will be able to reside and work in Spain, both as an employee and self-employed.
Renewal Process
As the expiration date of the permit approaches, you must renew it to continue residing legally in Spain. It is important to be attentive to the expiration date and submit the renewal request on time.
Updates with the Reform of the Immigration Regulation
With the reform set to come into effect, family members of Spanish citizens will no longer apply for Family Roots but will instead apply for Temporary Residence as a Family Member of a Spanish Citizen. One of the most significant changes is the tightening of requirements for regrouping parents.
Family Reunification: Important Changes
Before the reform, it was possible to regroup parents under 65 years who were dependent. Under the new regulation, only parents who are 80 years old or those under that age who are dependent on the Spanish citizen can be regrouped. This means that the concept of “being dependent” will be more clearly defined, focusing on physical dependence, cohabitation, and economic dependence.
Where and How to Apply for Family Roots?
The application for Family Roots must be submitted at the Immigration Office corresponding to your residence. You can manage the application either in person or through an online process, which has become the most recommended option. For this, you will need a digital certificate that allows you to access the Mercury Platform.
- In-Person: Request a prior appointment at the Immigration Office and attend on the specified date with all the necessary documentation.
- Online: Submit the application through the Mercury Platform with your digital certificate.
Application Evaluation Process
Once you have submitted the application, the Immigration Office has a legal period of three months to respond. If you do not receive news within this timeframe, it may be understood that the application has been denied by administrative silence.
Approval and Denial of Family Roots
If your application is approved, you will receive a permit that allows you to reside and work in Spain without restrictions. To obtain your foreign identity card (TIE), you will need to submit several documents:
- Application for foreign identity card (model EX-17).
- Proof of payment for the card fee.
- Positive resolution of your Family Roots application.
- Recent photographs.
In the event that your application is denied, you have the option to file a voluntary appeal for reconsideration within one month from the notification of the resolution.
Renewing Family Roots
Although the procedure for obtaining this residence authorization is relatively straightforward compared to others, it is crucial to pay special attention during the renewal process.
If you obtained Family Roots as a parent of a minor Spanish child or as a family member of a Spanish citizen (spouse, registered partner, parent, or child), the authorization granted is valid for five years. As you approach the expiration of this card, you must apply for Long-Term Residence.
On the other hand, if you obtained Family Roots as a child of a parent who was originally Spanish, your card will only be valid for one year. In this case, the interested party will transition from a temporary residence authorization based on exceptional circumstances to obtaining a residence permit, or an initial residence and work permit, with three possibilities:
- Residence and work as an employee.
- Residence and work as self-employed.
- Non-lucrative residence.
Consult Our Immigration Experts
If you are considering applying for Family Roots or need assistance with any immigration process, don’t hesitate to contact us. Our team of experts is ready to offer you comprehensive service, including personalized case analysis, advice on the process, documentation preparation, and follow-up on your application.
Get in touch now! Or book an appointment and let the journey begin!
