Labor arraigo in Spain is a way to be able to legally work in the country after being in an irregular situation. There are different types of arraigo and each of them have benefits and disadvantages. To get to know what is labor arraigo keep reading.
What is labor arraigo?
Labor arraigo is an immigration procedure that would grant foreigners to legally work in Spain after being living here for 2 years without a valid permit. The other item you need to fulfil is have been working for the last 6 months. So, you need to have been living and working illegally in Spain in order to get this labor arraigo. You will need to prove you have been working for, at least, 183 days.
The idea of this kind of arraigo is to eradicate labor exploitation. But here there is the trickiest part of it: you need to denouncing your employer. You must be aware that you have to report your employer and a labor inspection will take place. The end of it, if everything goes as planned, is the exploiter being sanctioned and you getting the work permit for 12 months. After this time, you will ask for a regular work permit in the country.
Since 2021, there are some more cases of people who can apply for labor arraigo. Now, people who have been working legally in Spain but lost their legal residence can apply too. The requirement is proving the person has been working for 6 months.
Main differences with social arraigo
The similarities are clear: both procedures are an opportunity to legally live in the country after being in an irregular situation. However, the differences are huge.
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Social arraigo requires 3 years of irregular living in the country, labor arraigo 2.
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Social arraigo asks for evidence of integration in the society, whereas labor arraigo demands just the proof of being working for, minimum, 6 months in the territory.
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Social arraigo calls for an employer willing to hire the person. Without that promise, arraigo is not possible. In labor arraigo, you do not need the promise of a legal contract.
However, this last option is important, because some people prefer to work illegally one year more in order to avoid exposing the employer if he or she is willing to make a legal contract one year later. This way, is easier to ask for social arraigo.
Nevertheless, every situation has its own shape, so you should talk to a lawyer to get to know which may be the best option for you.
Main benefits from labor arraigo
The main benefits from labor arraigo are quite clear: you will have a way to legally live and work in the country for a year.
Requirements from labor arraigo
But there are some requirements too. Those are the next:
- You cannot have any criminal records at all. Neither in Spain, nor in your country of origin. Even wherever you may have lived in the last 5 years.
- You cannot be a EU citizen. This way, you will be able to legally live and work in Spain without this procedure.
- You should not have relatives in Spain. In this case, you will prefer to ask for family arraigo.
- You must demonstrate you have been working illegally for, at least, 6 months in Spain.
- You also have to prove that you are in a irregular situation in the country.
You will have to also present some more documents such as:
- Copy of your passport.
- NIE number.
- “Empadronamiento” or “padrón”. This is the public document that will prove you have been living in Spain for 2 years.
- Payment of the fee.
- Form EX-10.
It is recommended you add to the list above any other evidence of your stay in the country. Any documents given by the Public Administration will be welcome.
Application procedure step by step
Once you have all these documents, you need to go to the immigration office. It can take up to 90 days to have an answer.
If the answer is “yes”, you have 1 month to get your documents and you can live in Spain for 1 year.
How can I demonstrate the labor relationship?
We have said several times you have to have been working in the country for 6 months minimum. You also need to have being working, at least, 30 hours per week. But the question is: how can you demonstrate the labor relationship?
The easiest way to prove it is with a contract your employer had given to you. Without it, it gets more difficult to prove it. The same happens if you want to apply for labor arraigo as a self-employed. However, do not lose faith. We are here to help you. Talk to us and we will find a way for you for living and working in Spain!
