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Social and labor roots

With the entry into force on May 20, 2025 of the new Foreigners’ Regulation with the Royal Decree 1155/2024, of November 19, 2025, the concept of “arraigo social” is divided into two different types of “arraigo social”. Thus, on the one hand, the so-called SOCIOLABORAL ARRAIGO is created for those persons who have a job offer.

How to obtain the Arraigo Sociolaboral (Social and Labor Registration)

In order to obtain this authorization for temporary residence on the grounds of “arraigo”, the general requirements for all “arraigo”, provided for in Article 126 of Regulation 1155/2024, must be fulfilled:

a) Be in Spain and not have the status of applicant for international protection at the time of filing the application or during its processing. For this purpose, an applicant for international protection shall be understood to be a foreign person who has filed an application for international protection for which a final administrative and, where appropriate, judicial decision has not been taken.

b) To have remained in the national territory continuously for at least two years prior to the filing of the application. For these purposes, when the foreigner has been an applicant for international protection, the time spent in Spain during the processing of the application for international protection will not be computable until its final resolution in administrative and, where appropriate, judicial proceedings.

The family roots will not require any minimum permanence.

c) Not represent a threat to public order, security or public health.

d) Lack a criminal record in Spain and in the countries where he/she has resided during the last five years prior to the date of entry into Spain, for crimes provided for in the Spanish legal system.

e) Not to appear as rejectable in the territorial space of countries with which Spain has signed an agreement in that sense.

f) If applicable, not being within the period of commitment not to return to Spain.

g) To have paid the fee for the processing of the procedure.

social and labor roots
social and labor roots

Specific requirements for the Social and Labor Arraigo of Article 127

In addition, the specific requirements for social and labor roots provided for in art. 127 of the new Alien Regulation approved by Royal Decree 1155/2024 must also be met, namely:

b) For social and labor roots, the contribution of one or more employment contracts that guarantee at least the minimum interprofessional salary or the salary established, if applicable, in the applicable collective bargaining agreement, at the time of the application, in proportion to the working day, and whose sum represents a weekly working day of no less than twenty hours in global computation. More than one employment contract may be provided in the following cases:

1. In the case of seasonal work or work linked to seasonal productive activities, two or more contracts may be presented, with different employers and concatenated.

In the case of activities in the same or different occupations, working partially and simultaneously for more than one employer, the presentation of several contracts will be admitted.

The employer(s) shall comply with the requirements of Article 74 except as provided in paragraph 1.a).

Therefore, as a novelty, it should be noted that the applicant is allowed to provide one or more employment contracts, the sum of which represents a weekly working day of no less than twenty hours, whereas the previous regulation required a minimum of forty hours per week. On the other hand, the Regulation seems to return to the requirements regarding the economic means to be demonstrated by the employer, provided for in Article 74 of the new Regulation, and which had been watered down by the previous regulation.

Thus, the requirements set forth in Article 74 of the Regulations refer both to the company or employer and to the employee, and are as follows:

social and labor roots spain

Requirements of Article 74

The following specific requirements must be met for the granting of an initial authorization for temporary residence and work as an employee:

a) That the national employment situation allows the hiring of the foreign worker under the terms set forth in Article 75 or, in the event that the authorization is part of a collective management procedure for hiring at origin, under the terms established in the corresponding order.

b) That the employer presents an employment contract signed by the worker and by him/herself and that a continuous activity is established for the worker during the period of validity of the initial authorization for temporary residence and work for others.

The start date of the contract must be conditioned to the moment of effectiveness of the temporary residence and employment authorization.

c) That the conditions set forth in the employment contract comply with those established by current regulations and the applicable collective bargaining agreement for the same activity, professional category and locality.

In the case of a part-time contract, the total remuneration to be received by the applicant must be equal to or higher than the minimum interprofessional salary for full time and on an annual basis.

d) That the employer is up to date with its tax and social security obligations.

e) That the employer has sufficient economic, material or personal means for its business project and to meet the obligations assumed in the contract with the worker under the terms established in Article 76.

f) That the worker has the training and, if applicable, the professional qualification legally required for the exercise of the profession.

Contact us to obtain the Social and Labor Roots Certificate.

Lee aquí el texto completo: Política de Privacidad
Financiado por la Unión Europea. NextGenerationEU Ministerio de Industria, Comercio y Turismo Plan de Recuperación, Transformación y Resiliencia