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MADRID HIGRH NEWS : The process of regularizing migrant status in Spain is the most critical topic for thousands of families seeking legal stability. With the recent amendments approved by the government, there are now clear and simplified pathways aimed at bringing undocumented migrants out of the “shadows” into legal employment and residency. In this report, HIGRH NEWS explains in detail the mechanism through which this regularization takes place and the new conditions that make legal status achievable.
Legal Pathways for Regularization (Arraigo)
The process of regularizing migrant status in Spain primarily relies on the “Arraigo” (Roots) system, which allows those who have lived in the country for a certain period to obtain residency. The new law has updated these pathways to be faster and more flexible:
Social Arraigo (Social): Requires proof of residence in Spain for 3 years, a job contract or family ties, and a social integration report.
Labor Arraigo (Laboral): Designed for those who have spent 2 years in Spain and can prove a prior employment relationship (legal or informal) for at least 6 months.
Training Arraigo (para la Formación): A newly developed path for those with 2 years of residency, where residency is granted in exchange for committing to a vocational training course in high-demand sectors.
Family Arraigo (Familiar): Residency is granted directly to relatives of Spanish citizens without a prior residency duration requirement.
Practical Steps for Regularizing Migrant Status in Spain
To correctly start the process of regularizing migrant status in Spain, the following steps must be followed precisely:
First: Proof of Presence: The core document is the census certificate (Empadronamiento). The new law is more lenient in accepting other official evidence like invoices, medical prescriptions, or bank transfers to bridge any gaps in the registration history.
Second: Criminal Record: A certificate of no criminal record from both the country of origin and Spain must be submitted to ensure security clearance.
Third: Employment Contract: Under the “Social Arraigo” pathway, requirements have been eased. The minimum work hours are now generally 30 hours per week, with the possibility of submitting multiple contracts or part-time work in specific cases.
Fourth: Digital Application: Applications are processed via the “Mercurio” platform of the Immigration Offices (Extranjería). It is always advisable to seek legal counsel to ensure the file is complete.
New Facilities in the Legislation
What distinguishes the process of regularizing migrant status in Spain currently is “unification.” Standards are now consistent across all immigration offices nationwide, reducing arbitrary rejections. Additionally, most new residencies now automatically grant the right to work, meaning the migrant will not need to wait for a separate work permit after receiving residency.
When Does Residency Become Final?
Once the application is accepted, the migrant receives an initial residency card (TIE). Upon its expiry, the new regulations simplify the renewal process to obtain a 4-year residency, provided the individual continues to work or has sufficient financial resources, making the process of regularizing migrant status in Spain a true bridge to full citizenship.
In conclusion, understanding the legal steps is the first key to success. At HIGRH NEWS, we advise everyone to review their census certificates and ensure a clean criminal record to prepare for this historic process.
Frequently Asked Questions (FAQ)
1. Can I regularize my status if I don’t have a job contract? Yes, through the “Training Arraigo” path, you can obtain residency for study purposes first, then convert it to a work permit after completing the vocational course.
2. Is the census (Padrón) mandatory in the process of regularizing migrant status in Spain? It is considered the strongest evidence, but if unavailable, other official proofs like medical records from public hospitals can be submitted.
3. How long does the regularization process take? Legally, immigration offices should respond within 3 months, but due to the high volume of applications, it may take slightly longer depending on the province.
4. Can I change the type of Arraigo after applying? It is recommended to choose the most suitable path from the start, but you can always withdraw an old application and apply for a new path if your circumstances change (e.g., getting a sudden job offer).
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