Spain: Temporary residence authorization for exceptional circumstances. Family root (Arraigo).
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Temporary residence authorization for exceptional circumstances. Family root (Arraigo): It is a temporary residence authorization for exceptional circumstances that may be granted to foreign citizens who are in Spain and are either the father or mother of a minor of Spanish nationality, or are children of a father or mother who had originally been Spanish.
BASIC REGULATIONS
Organic Law 4/2000, of January 11, on the Rights and Freedoms of Foreigners in Spain and their Social Integration (art. 31.3)
Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011, of April 20 (articles 123 to 130).
Instruction DGI / SGRJ / 10/2008, on authorizations for temporary residence due to exceptional circumstances, in the case of children of a father or mother who had originally been Spanish.
REQUIREMENTS
Not to be a citizen of a State of the European Union, of the European Economic Area or of Switzerland, or relative of citizens of these countries to which the regime of citizen of the Union applies.
Lack of criminal records in Spain and in their previous countries of residence for crimes existing in the Spanish law.
Not be prohibited from entering Spain and not appear as rejectable in the territorial space of countries with which Spain has signed an agreement in this regard.
Not being, where appropriate, within the commitment period of no return to Spain that the foreigner has assumed by voluntarily returning to their country of origin.
Being a father or mother of a minor of Spanish nationality, or son of a father or mother who had originally been Spanish.
REQUIRED DOCUMENTATION
Note: in general, copies of the documents must be provided and the originals must be displayed at the time the application is submitted.
Application form in official form (EX – 10) in duplicate, duly completed and signed by the foreigner. This form can be obtained at http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/index.html
Full copy of passport, travel title or registration card valid for a minimum of four months.
Criminal record certificate issued by the Authorities of the country or countries in which you have resided during the last five years prior to entering Spain.
Documentation accrediting the family bond and nationality, which will be:
In the case of being a father or mother of a minor of Spanish nationality:
Birth certificate of the minor of Spanish nationality in which the family bond and the Spanish nationality of said minor.
In the case of being the son of a father or mother originally Spanish:
Applicant’s birth certificate.
Birth certificate of the originally Spanish father or mother or Civil Registry certificate attesting to said condition.
Important note: when documents from other countries are provided, they must be translated into Spanish or co-official language of the territory where the application is submitted.
On the other hand, any foreign public document must be previously legalized by the Consular Office of Spain with jurisdiction in the country in which said document has been issued or, where appropriate, by the Ministry of Foreign Affairs and Cooperation except in the case in which said document has been apostilled by the competent Authority of the issuing country under the Hague Convention of October 5, 1961 and unless said document is exempt from legalization under the International Convention.
PROCESS
Subject legitimized to submit the application: the foreigner personally, or his legal representative in the event of being minor or incapable.
Place of presentation: Immigration Office of the province in which the foreigner has his domicile. The address information, telephone numbers and customer service hours can be found at http://www.seap.minhap.gob.es/web/servicios/extranjeria/extranjeria_ddgg.html
Temporary residence fee for exceptional circumstances: it will accrue at the time of admission to the application process, and must be paid within ten business days, it is:
Model 790 code 052, section 2.5 “authorization of temporary residence due to exceptional circumstances”: to be paid abroad
The payment form can be downloaded from the Internet portal of the Secretary of State for Public Administration
Deadline for resolution of the application: 3 months from the day following the date on which it had entered the registry of the competent body for processing. After this period has elapsed without the Administration having practiced the notification, it may be understood that the request has been dismissed due to administrative silence. (When it has not been possible to notify the resolution, it will be announced on the Single Edictal Board (TEU) https://www.boe.es/tablon_edictal_unico. If you had opted for electronic or regulatory notification, you were obliged to use that medium, the resolution will be will notify by publication in the electronic headquarters. If the resolution is not accessed within 10 business days of its publication, it will be notified).
The granting of the residence permit carries with it a work authorization for someone else’s or in Spain’s own.
Within one month of notification of the granting of the residence permit due to exceptional circumstances, the foreigner must personally request the Foreigner Identity Card, at the Aliens Office or Police Station of the province where the authorization. To see where to go, the schedule and if you have to make an appointment you can consult http://www.seap.minhap.gob.es/web/servicios/extranjeria/extranjeria_ddgg.html
The applicant will show his passport or travel document or registration card at the time of the fingerprint process to prove his identity and will provide:
Foreigner identity card application, in official form (EX – 17) available at http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/index.html
Proof of payment of the card fee
Three recent color photographs, in white background, passport size.
The authorization granted will be valid for one year and at the end of the term a residence permit or a residence and work authorization may be requested.
*The content of this page is merely indicative. Only the provisions of the regulations in force at the time the application is submitted is applicable.
Last update: 01/2016
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