Arraigos: Types and Requirements

1. Introduction to the New Immigration Regulatory Framework

The recent approval of Royal Decree 1155/2024 replaces the previous regulation and represents a reform to simplify procedures, provide legal certainty and defend fundamental rights. The arraigo (social/family ties) now becomes the primary regularisation mechanism, eliminating duplication and facilitating integration.

2. The 5 Types of Arraigo under the Current Regulation

Royal Decree 1155/2024 structures the arraigo into five technical modalities that allow foreign nationals to access a residence and work authorisation:

• Social Arraigo (Arraigo Social): For those who can prove integration ties in Spanish society.
• Socio-Labour Arraigo (Arraigo Sociolaboral): Specifically designed for insertion into the national labour market.
• Family Arraigo (Arraigo Familiar): A reinforced protection for ties with Spanish citizens or residents.
• Socio-Educational Arraigo (Arraigo Socioformativo): Conditional on commitment to undertaking regulated training to facilitate future employability.
• Second Chance Arraigo (Arraigo de Segunda Oportunidad): Introduced as a new mechanism in the 2024 reform, broadening the ways to recover or stabilise the legal situation of those who previously had ties to the system.

3. Characteristics and Validity of Authorisations

The reform standardises the validity periods of authorisations to avoid administrative precariousness. While the general rule for initial authorisations is one year, the legislator has provided a significant exception in the family context:

Technical note: Subsequent renewals of these authorisations will generally be extended to four years, providing unprecedented stability for residents and employing companies.

4. General Requirements and Procedures for the Application

• Submission and Territoriality: The application must be submitted in person by the foreign national, with exceptions maintained for minors or duly accredited displacement circumstances.
• Simplification and "Double-Check" Ban: The double-checking of requirements is explicitly prohibited. The administration may not request documents already in its possession or validated in previous stages of the process.
• Consular TIE Management: As a major procedural innovation, the Foreign National Identity Card (TIE) can now be delivered at Spanish consular offices in the country of origin for applicants not yet in Spain.
• TIE Update: The document is personal and non-transferable. Any substantial change in the holder's employment or legal situation requires the issuance of an updated card.

5. Family Arraigo: Special Protection

• Reunification of Descendants: The age of reunifiable children has been significantly extended to 26 years.
• Independent Resident Requirement: To prevent system abuse, foreign nationals who obtained their residence through prior reunification must achieve independent resident status before being able to exercise the right to reunify other family members.
• Established Couples: The right of unregistered couples is recognised, provided a stable affective relationship is clearly proven.
• Protection against Vulnerability: A special residence regime is granted to children and parents of victims of human trafficking, sexual violence or gender violence.

6. Considerations on the Sanctions Regime and the Arraigo

Regularisation through arraigo is the ideal technical route to avoid the serious consequences of the sanctions regime under Organic Law 4/2000. The system classifies offences according to their severity:

1. Minor Offences: Fines of up to €500. Includes minor delays in notifying changes of address or marital status.
2. Serious Offences: Fines of €501 to €10,000. This category includes being in Spain irregularly, either without a permit or with a permit expired for more than three months without having applied for renewal.
3. Very Serious Offences: Fines of €10,001 to €100,000. Primarily linked to threats to national security or participation in activities contrary to public order.

Expulsion as the Maximum Sanction: In the case of serious or very serious offences, the Administration may opt for expulsion from the territory instead of a financial fine. This measure entails a re-entry ban of between three and ten years. For this reason, the new arraigo routes are essential for foreign nationals to mitigate this legal risk and achieve a status of full legal certainty.