Types of settlements in Spain before and after May 20, 2025
The Spanish immigration system offers various ways to regularize the status of foreigners who, for various reasons, have been unable to renew their residence permit or have never applied for one.
One of the most common formulas to obtain residency is the rooting, a procedure that allows you to apply for an exceptional residence permit based on personal, work-related or family circumstances.
In this article we explain the different types of roots valid until May 2025, how to know which one best suits your personal situation and, above all, what Key changes apply from May 2025, which are essential if you are considering starting this process soon.
Residence for exceptional circumstances in 2025
Before going into detail about the types of roots, it is important to understand that applications for residence by foreigners without ties to EU citizens are governed by the general immigration system in Spain.
This regulatory framework is composed of:
- La Organic Law 4 / 2000, on the rights and freedoms of foreigners in Spain and their social integration (LOEx).
- El Immigration Regulations, approved by Royal Decree 557 / 2011 (RLOEx).
- And the reform introduced by the Royal Decree 629 / 2022, which updated key aspects of the procedure and requirements.
According to this regulation, a person who is in an irregular situation can regularize their situation requesting a residence permit for exceptional circumstances, commonly known as rooting.
This figure is included in the Article 31.3 of the LOEx and Articles 123 and following of the RLOEx.
What type of residence is arraigo?
Rooting is a temporary residence permit, granted for one year (except for family status), which allows those who are already in Spain and meet certain personal, social or family requirements to regularize their situation.
Existed four types of roots, which we will detail in the following section, and each one responds to a specific situation.
Common requirements for applying for a residence permit in Spain
Regardless of the type of rooting requested, there are general requirements that every person must comply with:
- Be in irregular situation in Spain.
- Not being a citizen of a member country of the European Union, from the European Economic Area or Switzerland, nor family members of citizens of these countries to whom the community regime applies.
- Have no criminal record in Spain and in previous countries of residence during the last five years, for crimes classified under Spanish law.
- Not be banned from entering Spain or listed as a prohibited person in countries with which an agreement exists.
- Having resided Continuously in Spain for a minimum period, which will vary depending on the type of residence requested.
Types of settlement in Spain: documentation and procedures
Once the general requirements have been verified, the next step is Identify what type of roots best suits your personal situation.
This analysis will depend on factors such as:
- Your family ties in Spain
- The length of time you have been residing in the country
- The existence of employment relationships (formal or informal)
- Your willingness to undertake training to improve your integration
El Immigration Regulations It included four main types of residence permits based on roots. Each had its own specific requirements and its own procedure.
Employment roots: regularization for work performed (NOT CURRENT)
El labor roots was regulated in the Article 31.3 of the LOEx and the Article 124.1 of the RLOEx.
This modality allowed those who had maintained a residence to apply for residency. employment relationship in Spain, even if they were in an irregular situation.
Requirements for employment roots:
- Continuous residence in Spain for at least two years, with no absences exceeding 90 days in total.
- Existence of an employment relationship during that period, that met the following criteria:
- It must have had a minimum duration of six months.
- It must have occurred within the last two years.
- Must have been legal, whether it's:
- for others: with a minimum working day of 30 hours per week for 6 months or 15 hours for 12 months.
- On their own: with a continued activity of at least six months.
What if the employment relationship was irregular?
When the employment relationship did not meet the required legal conditions (for example, due to not being registered with Social Security), It was still possible to request this rooting if proven conclusively.
El Article 127 of the RLOEx allowed irregular work to be proven by:
- An judicial resolution favorable.
- An administrative resolution that would confirm a violation report issued by the Labor and Social Security Inspection.
However, report the employer It was a sensitive step that could generate additional difficulties, so it is appropriate evaluate each case with legal advice.
Labor roots have been replaced by social and labor roots.
Social roots (CURRENCY WITH UPDATES): requirements and applicable regulations
La application for social roots was regulated in the Article 31.3 of Organic Law 4/2000 (LOE) and in the Article 124.2 of the Immigration Regulations (RLOE).
This figure allowed access to a temporary residence permit for exceptional circumstances, provided that certain specific requirements are met.
Continued stay in Spain
It was necessary to prove continuous residence in Spanish territory for at least three years.
The regulations considered that residence was continuous when absences from the country did not exceed 120 days in total during this period.
Employment contract or sufficient financial means
To apply for social roots, the following must be presented:
- Un employment contract that met the following conditions:
- It should be signed by the worker and the employer.
- Should guarantee at least the Interprofessional Minimum Wage (SMI).
- I had to have one minimum duration of one year.
- I had to prove a minimum working day of 30 hours per week, 20 hours per week in the cases provided for by the regulations.
- The employer had to prove financial means and capacity for contracting.
It was also allowed to include a suspensive clause which makes the start of the employment relationship conditional on obtaining a residence permit.
It was also possible to present several employment contracts that as a whole meet the established requirements.
- Alternatively, if there was no employment contract or self-employment activity, the Autonomous Community or Local Corporation I could prove the existence of sufficient financial means.
Family ties or roots report
They could be justified family ties with legal residents in Spain, including:
- Spouse or registered partner.
- Direct line ancestors or descendants.
If no family link was proven, it was necessary to present a social roots report, issued by the Autonomous Community or the City Council of the place of residence.
This report was not binding for the resolution of the procedure, but must contain relevant information such as:
- Length of stay in Spain.
- Participation in integration programs or community activities.
- Level of sociocultural adaptation to the environment.
- Knowledge of the language and constitutional values.
Social roots have not been replaced, but they have undergone updates worth considering.
Family roots (CURRENCY WITH UPDATES): residence due to ties to Spanish citizens
El family roots was regulated in the Article 31.3 of the LOEx and the Article 124.3 of the RLOEx, and it was an exceptional way of regularization based on the existence of family ties with Spanish citizens.
Unlike other types of rooting, It did not require (nor does it require in its update) a minimum period of stay in Spain, which made it/makes it a flexible option for those who meet the family requirements.
Family roots requirements:
To obtain this residence permit, one of the following situations had to be proven:
- Being the father or mother of a minor with Spanish nationality.
- Be a spouse or registered partner, as well as a relative in a direct ascending or descending line (parents or children) of a Spanish citizen.
- Being the son or daughter of a father or mother who was originally Spanish.
This type of roots granted a temporary residence permit for one year, which may be renewed or give way to other authorizations depending on the applicant's subsequent situation.
Family roots have not been replaced by another, but they have undergone updates worth considering.
Roots for training: residence linked to an educational commitment (NOT CURRENT)
El roots for training It was the most recent form of this legal figure, introduced by the reform of the Immigration Regulations Through the Royal Decree 629 / 2022.
It was an authorization that allowed foreigners in an irregular situation to remain in Spain. in exchange for a commitment to undertake employment-oriented training.
This type of permit did not include authorization to work in its initial phase, although it offered a direct path to residency with a work permit upon successful completion of training.
Two phases of the procedure:
- First phase: A was granted temporary residence permit for exceptional circumstances, limited to the duration of the training program.
- Second stage: Once the training was completed, the applicant could access a residence and work permit.
Requirements for rooting for training:
- Continuous residence in Spain for at least two years, with no absences exceeding 90 days during that period.
- Commitment to enroll in training for employment, which had to meet the following characteristics:
- Regulated vocational training of the educational system
- Programs to obtain professional certifications or approvals
- Continuing university training linked to employment
- The training should have Face-to-face modality (100% online training is not accepted)
The formative roots have been replaced by the socio-formative roots as of May 20, 2025.
RLOE Update in 2025
The entry into force of Royal Decree 1155 / 2024, November 19, has meant a substantial modification of the Immigration Regulations (RLOE), which regulates the application of the Organic Law 4/2000, of January 11, Over the rights and freedoms of foreigners in Spain and their social integration.
This new regulatory framework redefines and expands the types of roots available, introducing criteria more adapted to the current social and economic reality.
It also establishes Clearer conditions for processing applications for residence due to exceptional circumstances, con el objetivo de facilitate the regularization of foreign persons and promote its full integration into Spanish society.
La New version of the RLOE coming into force on May 20, 2025, marks a significant advance in immigration policy in Spain.
What are the most significant changes in this new law?
- Simplification and streamlining of procedures.
This is intended to reduce waiting times and improve the stability of applicants.
Furthermore, Minimum stay times have been reduced (in all cases they will be two years) and the validity of the renewals is extended to four years.
- New forms of rooting.
Specifically, there are five:
- Social roots.
- Socio-labor roots: It unifies the previous separate applications for social and labor status. The advantage is that it reduces the minimum stay established for social roots, and facilitates the procedures provided.
- Family roots.
- Socio-formative roots: It replaces the previous training-based residency permit and introduces a partial work permit from the beginning, with social ties being mandatory.
- Second chance roots: It allows people who have lost their residence permit in the last two years to renew it. It does not require work, social or family ties, as it only focuses on the permit history. The main requirement is to have had a previous authorization.
In addition, the new Royal Decree introduces changes in the issuance of visas, facilitating the search for employment and family reunification.
Graduate in International Relations and Master's in Advanced International and European Studies.
