HOW TO GET A RESIDENCE PERMIT IN SPAIN

“ME QUEDO — I'M STAYING” OR HOW TO GET A RESIDENCE PERMIT IN SPAIN

The content of the article:

• 3 types of residence permit: social, working, family
• Persons who can obtain a residence permit for settlement
• Rules for obtaining a residence permit
• Extension of residence permit for settlement

Every year, Spain attracts a huge flow of tourists from different countries. Major cities: Madrid and Barcelona are becoming the center of a gathering of people of different cultures and nationalities. And this is not surprising. A Spanish residence permit provides a number of advantages: to travel visa-free in the EU and Schengen countries, to be serviced by banks (loans, loans, mortgages) on an equal basis with the indigenous population, to legalize family members (spouse, children) in the country, to receive social and medical assistance, to apply for scholarships and budget places in state universities of the country, and also subsequently obtain permanent residence and a passport of a Spanish citizen. According to the latest data from Eurostat, Spain ranks second (after Germany) among European countries in terms of the number of migrants arriving in the country. They stay in the Kingdom on different terms. But it is in Spain that it is possible to obtain a residence permit for settlement, which is divided into three types. 

Residence permit for the social type of settlement (Arraigo social):

• the period of residence in the country (including illegal) is 3 years. You cannot leave the country for more than 120 days during these years. To confirm, you must provide a number of documents that will prove the fact of residence in Spain for 36 months: a residence permit, receipts from stores, medical certificates, bank statements (providing information on the movement of funds in the country). 
• an employment contract for a period of at least one year. At the same time, at the time of filing the application, the company must be operating and have no problems with taxes: no arrears in taxes and social benefits. The applicant can work for different companies, the main thing is that the total number of hours of his employment should be at least 30 hours per week. 
• the presence of a Spanish relative — a citizen of the country or a resident with a residence permit in Spain. This may be one of the spouses, parents or adult children (confirmation will be a joint residence permit). If the applicant has no family ties, he must prove that he is socially adapted. In some provinces, they may request a certificate of knowledge of the regional language at a conversational level (Catalan, Valencian).
• in the absence of an employment contract, for example, the applicant has his own business and is financially independent, a residence permit will be issued without the right to work. However, it is not easy to obtain such a residence permit and it is almost impossible without the help of a competent lawyer. Even if the applicant is supported by his citizen spouse, it is necessary to document this, again, after consulting with an expert.  
   

Residence permit for the working type of settlement (Arraigo laboral) — residence permit based on work activity:

• the period of residence in this case is at least two years, while you can travel outside the country for no more than three months in total during this period. It is important to pay attention to the duration of the visa — crossing the border with an expired visa can close entry to Spain forever. 
• the work activity is documented (by an administrative decision of the Labor and Social Insurance Inspectorate). The applicant needs to work 30 hours a week for 6 months in the same company. 
• the applicant should not have any problems with the law.

It is very difficult to obtain a residence permit for Arraigo laboral, since Spanish companies cannot formalize an employment contract with illegal immigrants. This threatens with a heavy fine for both the employer and the applicant, who may also be deported.
 

Residence permit by family type of settlement (Arraigo familiar):

• it is issued to a parent whose child was born on the territory of the Kingdom from a Spanish citizen or to children whose parents have Spanish citizenship
• there are no requirements for the duration of residence
• the applicant is immediately issued a work permit
• income with this type of residence permit is also not necessary to indicate

The main requirement for obtaining a residence permit for family settlement is the mandatory provision of a child's birth certificate as proof that he was born in Spain, or a statement from the parents, to which documents on their citizenship are attached. 

Regardless of the type of residence permit, the applicant must meet the general requirements:

• Not to be a citizen (or a close relative of a citizen) of the European Union, the countries of the European Economic Area, as well as Switzerland;
• Provide information about the absence of a criminal record in Spain and the previous country of residence for the last 5 years;
• Do not have a ban on entry to Spain and the countries of the Schengen area;
• To reside in the territory of the Kingdom for the period specified in the legislation of the country (two or three years);
• Meet all the established requirements for obtaining a residence permit by type of settlement (having a spouse with Spanish citizenship or a signed contract with an employer);
• Specify the sources of income (not required only by family type). The income must be constant and cover the basic needs of the applicant and his family members.

All materials are provided exclusively in Spanish. The translated documents must be certified by the Legalization Department of the Consulate General in Spain, or they must be translated by a sworn translator licensed in Spain. At the same time, government-issued papers must be legalized (applies to countries that have not signed the Hague Agreement) and apostilled (if documents are from countries that have signed the Hague Agreement).

When all the necessary documentation has been collected, you need to apply to the Extranjeria branch in the region where the applicant directly resides. If he is a minor or incapacitated, then his legal representative does it. 
Usually, the application is considered within three months, but in the absence of complaints, the procedure may take no more than 4 weeks. 

After all the documents have been studied and verified, the applicant will be invited to an interview. During the interview, an immigration officer will check the applicant's knowledge and understanding of the Spanish language. By the way, this is an important criterion for obtaining a residence permit. It is quite possible to reach the A2 level in Spanish in 2-3 years. The applicant must understand what he is being asked about, be able to answer the questions asked in detail, and communicate on everyday topics. For example, they may be asked why they left their country, why they chose this city or area (the applicant's place of residence). They may ask you to name representatives of the city administration, list the sights of the province, etc. It is better to prepare in more detail for such issues in advance. After the interview, the applicant will be given documents confirming his integration, and within a month from the date of the decision, he can obtain a residence permit. To do this, he must personally report to the local police department for foreigners, submit biometric data, pay a state fee (38.28 euros — for settlement) and fill out an application for a foreigner's identity card. The term of such a residence permit can be from one year to five years, depending on the type of document. After this period has expired and the grounds for residence in Spain have been preserved, a foreigner can apply to the Immigration Department to extend a residence permit (it can be extended 2 times, for two years), and having lived in the Kingdom for 5 years with a residence permit, he has the right to apply for permanent residence. After 10 years of legal residence, an immigrant can apply for citizenship in accordance with the general naturalization procedure. 

Note: despite the fact that it is possible to obtain a residence permit in Spain, it is still a rather risky business. Illegal stay in Spain is considered a serious violation, for which a fine of €500 to €10,000 is provided. Needless to say, it is quite difficult for illegal immigrants to find a job and find an apartment for permanent residence. In addition, such immigrants are deprived of basic social benefits: unemployment, pregnancy and childbirth, disability. Therefore, we recommend that you still legalize in Spain legally. Write in the comments, what ways do you know about obtaining a residence permit in the Spanish Kingdom? Which ones would you like to know more about?