How to obtain a residence permit in Spain through social integration?

The process of obtaining a residence permit on social grounds in Spain

This article discusses the process of obtaining a residence permit on social grounds in Spain. We will examine the key aspects and requirements that foreign citizens must consider when seeking to legalize their status in this country.

Categories for obtaining a residence permit

First, it is worth mentioning that there are several different categories under which one can apply for a residence permit:

• For family members of European Union citizens;
• For students and interns;
• For individuals who have purchased real estate or made investments in the economy;
• For entrepreneurs;
• For digital nomads.

However, the most attractive way to obtain a residence permit based on social ties is for those who have lived in Spain for at least three years, even if this was done while being an undocumented immigrant. It is important to note that during this time, the total number of days absent from the country should not exceed 120.

Legislative foundations of the process

The process of obtaining this permit is governed by Articles 31 and 68 of the Immigration Act, as well as the provisions of Royal Decree No. 557. The main requirements for applicants are as follows:

• Not to be a citizen of the European Union or the European Economic Area, including Switzerland;
• Not being a family member of an EU citizen;
• Absence of criminal records in Spain and other countries of residence;
• The absence of a ban on entry into Spain;
• Permanent residence in Spain for at least three years.

Documents for proof of residence

To confirm the fact of residence in Spain, various documents will be taken into account. The list of documents may include:

• Stamps in the passport about entry;
• Registration declarations;
• Travel documents;
• Boarding passes;
• Invoices for services received in the territory of the kingdom.

It is also required for the applicant to demonstrate their financial stability. At this point, it is sufficient to provide documents confirming the availability of funds for living, corresponding to the minimum subsistence level (IPREM), which for 2023 is600 eurosper month.

Confirmation of financial capability

Possible confirmations of financial capabilities include:

• Labor contracts for a term of more than one year;
• Documents confirming business operations (business plans, tax returns, licenses);
• Evidence of passive income;
• Bank statements indicating sufficient funds.

Social connection with Spain

In addition, it will be necessary to confirm the connection to Spain. This is done through a certificate of social integration issued by local authorities, such as the city hall or the council of the autonomous community where the applicant resides.

This process allows you to apply for residency directly from Spain, avoiding visa complications.

Personal meeting and interview

The first step in submitting the application will be a personal meeting at the local town hall. At this stage, the candidate will need to prepare to talk about their life, the reasons for their decision to move, their level of Spanish language proficiency, their knowledge of the culture, and also mention any social connections they have established in Spain.

The interview results should be known within15 daysThus, the process of obtaining a residence permit on social grounds requires serious preparation and careful attention to gathering the necessary documentation.

Obtaining a document on social integration

In the event that your application is successfully processed, you will be issued a document confirming your social integration, called an informe arraigo. At the next stage, in order to continue the process of obtaining a temporary residence permit, the applicant must contact the immigration service to submit a formal request.

Necessary documents

A complete list of the documents required for submission can be found on the official website of the Spanish immigration service. It is important to understand that all documents issued in other countries must be translated into Spanish and legalized at the Spanish consulate in the country where they were obtained, or certified with an apostille.

Confirmation of stay

It is necessary to keep documents that confirm your stay in Spain in recent times, particularly over the last three years. These could include, for example:

• Utility bills
• Subscriptions to cultural institutions

Deadlines for reviewing and obtaining a resident card

The wait for a response to your application can take up to three months. Within a month of receiving a positive decision, you should contact the local police to apply for a resident card (TIE) and, for workers, register with the social security service.

Temporary residence permit

A temporary residency based on settled status is issued forone yearAfter this period, you will have the opportunity to switch to another status, for example:

• Labor migrant
• Entrepreneur
• Individuals with financial independence

Category of community card

There is also a special category of residence permit called tarjeta comunitaria, intended for relatives of European Union citizens. This type of long-term residence permit is issued:

• Spouses and civil partners of citizens of Spain and the European Union
• Children under 21 years old
• Dependent parents

It should also be noted that the right to this type of residency extends to other family members, but only upon providing evidence of their cohabitation and dependence on the EU citizen.

Requirements for applicants

The main requirements for applicants are as follows:

• It is necessary to live with a European Union citizen in Spain for at least three months.
• It is important to prove close family ties with an EU citizen.
• Marriage should be legal, and cohabitation should be registered in the municipal registry.
• A EU citizen being addressed must be a resident of Spain, which means they must have been in the country for more than 183 days within a calendar year.

Financial viability

A EU citizen wishing to reunite with their loved ones is required to confirm their financial stability and have sufficient funds to ensure a decent living for themselves and their family. The calculation of the necessary finances is based onminimum established living wageper person. Possible sources of income can be both earned and passive.

Medical insurance

In addition, it is required to have health insurance that will be valid for the entire period for which the residence permit is requested. This is necessary to cover potential medical expenses and ensure health safety.

Application for a residence permit

To apply for a residence permit (VNZH) in Spain, you need to visit the nearest immigration office within 90 days of arriving in the country. The entire process of reviewing your application can take up to three months.

Residence permits, as well as work permits for family members, are usually issued for a period of five years with the possibility of extension if there are legal grounds. For example, if a European Union citizen who is responsible for their relatives decides to leave Spain or starts living separately from them, this will lead to the cancellation of the residence permit. It is also important to consider that if the residence permit holder leaves the country for more than six months, their temporary residence permit may be revoked.

Getting up-to-date information

To obtain up-to-date information regarding the application process and the list of required documents, it is recommended to visit the official website of the Ministry of the Interior of Spain.

Student residence permit

Special attention should be paid to the possibility of obtaining a student residence permit (visado de estudiante). One of the grounds for its issuance can be enrollment in state-accredited language courses that must last at least six months.

During their studies, students are allowed to work, which can include both internships and paid jobs, but it is important that the number of working hours does not exceed 20 per week. The total study load should not exceed 40 hours per week.

Main requirements for submitting an application

• Confirmation of enrollment in an educational program at an accredited institution.
• Documents for payment of tuition fees;
• Proof of housing during the study period (rental agreement or property ownership certificate);
• Confirmation of financial means to reside in Spain at the level of the minimum subsistence — for the year 2023, this amount is 600 euros per month.

Additional requirements for adult students

Adult students need to provide a certificate of no criminal record for the last five years, issued by the authorized authorities of the country where they reside. To travel to Spain, it is necessary to obtain a national type D visa at the Spanish consulate. This visa is valid for three months.

Upon arrival in Spain, you need to submit the documents for obtaining a residence card within one to two months. The appropriate procedure is carried out by appointment at the police station that handles foreign affairs.

The validity period of the student residence permit

A student residence permit is issued for a period of up to one year; however, to extend it, you will need to provide a certificate of enrollment in the next level of education. It is important to note that this residence permit does not count towards the total work experience required for obtaining permanent residency (PR).

It should be noted that after three years of living in Spain on a student residence permit, there is an opportunity to switch to a residence permit that allows for employment.

Introduction

Graduates of educational institutions have received a unique opportunity to change their status to a residence permit, which will open doors for them to search for suitable jobs. This residence permit is issued for a period of up to one year, during which newcomers to the profession can define their career goals or start their own business. It is also important to pay attention to personal stories about moving to Spain for studies, which address issues of preparation, adaptation, and admission to higher education institutions.

New opportunities in legislation

In 2018, a new direction appeared in the legislation regarding obtaining a residence permit for professional internships. This became possible due to changes in the entrepreneurship law.

Labor reform and internship

Since the introduction of the new labor reform in Spain in 2022, the maximum duration for which an internship agreement can be arranged has been reduced to one year. There is only one opportunity to extend this permit, which means that the total time spent in the country under this status cannot exceed two years.

After completing the first or second year, it is possible to change your residency status, which gives you the opportunity to continue legal employment in Spain, provided that your job is officially arranged based on a labor contract agreement.

Investing in real estate as a way to obtain residency.

One option for obtaining residency in Spain, which also allows for employment, is to invest in real estate or make a significant capital injection into the economy. To obtain a residence permit through property acquisition, it is necessary to invest at least500 thousand eurosin residential or commercial real estate. This can be either new or secondary property located in any region of the country.

According to the program's conditions, the properties that were purchased must be owned for at least five years. It is important to note that the acquired real estate can also be used to generate income, whether through long-term or short-term rentals.

The right to work for investors and their families

All individuals who have received a visa, as well as their family members, have the right to work in Spain. It is worth noting that this status applies not only to the main applicant but also to their immediate relatives — spouses, children, and dependents. This provides the opportunity for both the investor and their family to be employed in the country.

Golden visa

The initial "golden visa" is issued for a period of two years, after which it can be renewed for five years, with no limit on the number of renewals, as long as the property is maintained. After the five-year period following the issuance of the visa, the investor and their family members can apply for permanent residency, and after ten years, they can apply for citizenship.

Visa for entrepreneurs

There is also a category called "residence authorization for entrepreneurs," aimed at business owners. This program allows those who are already running a business in Spain, along with their families, to obtain residency. An important point is the absence of a strictly defined minimum investment threshold or obligations to create jobs.

Applicants need to demonstrate that their activities make a significant contribution to the economy of Spain or to the development of local communities. Aspects such as the following are evaluated:

• potential profitability,
• the possibility of creating new jobs,
• uniqueness and innovativeness of the business idea.

Startups in the IT sector are particularly promising for the implementation of this program.

Requirements for applicants

Among the main requirements for applicants, it is necessary to present a business plan that demonstrates the viability of the idea and a detailed description of the project.

Introduction

If you intend to live in Spain and are already 18 years old, you should be a citizen of a country that is not part of the European Union. One of the key requirements is the absence of criminal convictions that could lead to penalties under Spanish law in the last five years.

Moreover, you should not have any violations of immigration regulations both in Spain and in the countries with which Spain has agreements.

Preparation for submitting an application

Before submitting an application for a residence permit (RP), you will need to obtain health insurance that is valid for the entire duration of the RP application process. Financial stability is also an important aspect.

• It is necessary to show a balance of €2130 per month for the applicant themselves;
• €532 for each dependent family member.

Obtaining a business visa

If a foreigner is outside of Spain, they first need to obtain a business visa, which is valid for one year. After arriving in Spain with this visa, the foreigner will be able to start their business activities.

If the company's performance meets the previously established criteria over the course of a year, it will be possible to apply for a residence permit for an additional two years for the applicant and their relatives, with the option for further extension for the same period.

After living in Spain for five years, one can apply for permanent residency and then for citizenship.

Visa for digital nomads

It is also worth noting the new visa for digital nomads, known asInternational Teleworking Visawhich was implemented on December 23, 2022. The main requirements for obtaining this visa include:

• Providing documents that confirm remote work for a company located outside of Spain, using a computer or phone;
• Proof of the required professional skills, such as diplomas from higher education institutions or at least three years of work experience;
• The employer must have been in the market for at least a year.
• The applicant must work at this company for at least three months.
• Provide an employment contract for a period of no less than one year;
• Confirm the availability of sufficient funds for comfortable living in Spain.

Financial requirements

To confirm the financial status, it is necessary to provide the relevant documentation. The minimum amount in the bank account must be:

• At least €25,000 (200% of the minimum wage in the country);
• Plus €9441 for each additional family member (75% of the minimum wage in Spain).

It is also important to arrange health insurance for the entire period of applying for a residence permit and to provide a certificate of no criminal record.

Work with a residence permit

It is important to note that according to the terms of this visa, the holder of the residence permit can work for a Spanish company, but only if the income from this source does not exceed 20% of their total earnings.

The process of obtaining resident status

You can obtain resident status in two ways: first, you need to apply for a digital nomad visa at the consulate of your country of citizenship for a period of one year.

Conclusion

The conclusion I want to present summarizes the importance of understanding the different types of residence permits in Spain, especially for those interested in legalizing their status in this country. As we discussed in the article, the existence of categories such asresidence permit based on social tiesandcommunity cardprovides numerous opportunities for foreign citizens wishing to build their life in Spain.

Residence permit based on social tiesIt opens doors for those who have managed to integrate into Spanish society, even if their stay in the country was not initially legal. This status allows them to legally spend time in Spain and later apply for more stable living conditions. When preparing for interviews and gathering all the necessary documents, it is important not only to consider the requirements but also to understand that each situation is unique, and preparation requires careful attention to detail.

Exactly the same,community cardIt significantly simplifies the process of reunification with loved ones, which is very important in light of globalization and migration processes. This type of residence permit allows families to stay together and enables children and elderly parents to integrate into Spanish society, which undoubtedly emphasizes the support of family values.

Important points in the process of obtaining a residence permit

• Thorough preparation for the interview.
• Gathering all the necessary documentation.
• Following changes in legislation.
• Consultation with experienced lawyers.

The process of obtaining these types of residence permits may seem complicated; however, with proper preparation and understanding of the necessary steps, it can become a reality. I advise future applicants to stay informed and closely monitor changes in legislation to avoid unpleasant surprises. Having reliable sources of information and consulting with experienced lawyers can significantly improve the chances of successfully obtaining the desired status.

Ultimately, trying to legalize your status in another country is not just a legal process, but also a step towards a new life full of opportunities and challenges. Stay focused on a positive outcome, utilize all available resources, and don't hesitate to seek help when needed.