Residence permit for family roots in Spain 2023

The residence permit for family ties is a temporary residence permit granted to foreign nationals who are in Spain due to exceptional circumstances: being the father or mother of a minor of Spanish nationality, or being the child of a father or mother who is originally Spanish.

However, with the latest reform of the Aliens Actapproved by Royal Decree 629/2022 of 26 July 2002, the assumptions are extendedThe following shall be added:

• Being a person who provides support to a Spanish person with a disability.
• Spouse or accredited unmarried partner of a Spanish citizen. 
• Ascendant over 65 years of age or under 65 years of age dependent on a Spanish citizen or his/her partner.
• Descendant under 21 years of age or over 21 years of age dependent on a Spanish citizen or his/her partner.

In this article by Ódice Abogados, lawyers specialising in Immigration Law in Malaga, we'll tell you everything you need to know about how to start the process of residence permit for family roots in Spain.

Requirements for family roots in Spain 2023

In addition to being included in the above-mentioned cases, the following requirements must be fulfilled in order to be eligible for the first category.onserving a residence permit for family roots in Spain:

• Not being a citizen of a State of the European UnionEuropean Economic Area or Swiss nationals, or family members of nationals of these countries to whom the Union citizenship scheme applies.
• No criminal record in Spain and in their previous countries of residence during the last 5 years for offences existing in Spanish law.
• Not be banned from entering Spain and not appear as rejectable in the territorial space of countries with which Spain has signed an agreement to this effect.
• Not to be foundwhere applicable, within the time limit of commitment not to return to Spain that the foreigner has assumed when returning voluntarily to his or her country of origin.

Renewal/modification of arraigo familiar to another residence permit in Spain 2023

Sometimes, we find people who have obtained a residence permit for family ties without any problem, but it has been impossible to renew it and they are automatically transferred to a residence permit for family ties. irregular situation (without a residence or stay authorisation).

It is necessary to differentiate the renewal of family roots depending on the route that has been used to access this type of residence, since depending on each case, different requirements are demanded.

As an example, and because it is one of the most common cases, if you have obtained this residence permit because you are the child of a parent who was originally Spanish, and you have been working as an employed person, you can change your family roots if you are in one of the following situations:

• Continue with the employment relationship that gave rise to the granting of the authorisation whose renewal is sought.

• Having carried out work activity for a minimum of six months per year and:
  • You have signed a new employment contract and are in a registered or equivalent situation at the time of the application, or
  • Have a new contract that guarantees the worker's employment activity and with the start of its validity conditional on the granting of the renewal.

• Have been in employment for a minimum of three months per year provided that:
  • The employment relationship which gave rise to the authorisation was interrupted for reasons beyond the employee's control.
  • You have actively sought employment by registering with the competent Public Employment Service as a jobseeker.
  • Have a valid employment contract.

• Have been granted a contributory unemployment benefit.

• Being a beneficiary of a economic assistance allowance public services aimed at achieving their social or labour market integration.

• The employment relationship has been terminated or suspended as a consequence of the worker being victim of gender-based violence.

• Have been working and registered in the Social Security for a minimum of nine months in any twelve-month period, or eighteen months in any twenty-four-month period, provided that:
  • The last employment relationship was interrupted for reasons beyond the employee's control.
  • You have been actively seeking employment.

• The worker's spouse or unmarried partner has the sufficient financial requirements to regroup the worker.

Immigration Lawyer in Malaga for family roots

Many people obtain their first permit in Spain through the Residence Authorisation for Exceptional Circumstances, specifically through the Arraigo Familiar.

This is an important procedure for your future in Spain and it must be done correctly for it to be valid. So, before you start, count on a team of experts in the field: take advice from our immigration lawyers in MalagaWe will provide you with all the information related to your family roots.

Fill in our contact form to start processing your residence permit.

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