Arraigo familiar in Spain
The current regulations are very different from the previous ones. We explain who can apply for arraigo familiar today, what the requirements are, and when you should instead look into the residence authorization for family members of Spanish citizens.
Important if you have read older information: current arraigo familiar is not defined simply as “having a Spanish child” or “being the child of a Spanish citizen by origin.” Family members of Spanish citizens now have a separate, specific authorization.
Who can currently apply for arraigo familiar?
The current Guidance Note 31 sets out two main categories. If your case does not fall into either one, you will probably need to consider another authorization.
Parent or guardian of a minor who is an EU, EEA or Swiss citizen
You may be eligible if you are the parent or guardian of a minor who is a national of another European Union Member State, a European Economic Area country or Switzerland .
- You must be residing in Spain.
- You must have the minor in your care.
- You must live with them or be up to date with your parental obligations.
Family member providing support to a person with a disability
A family member may be eligible if they provide the support needed for a person with a disability who is a national of another EU or EEA country, or Switzerland, to exercise their legal capacity.
- The required family relationship must exist.
- The person with a disability must be dependent on you.
- You must live together.
Unlike Arraigo social, Arraigo sociolaboral or Arraigo socioformativo, the current Arraigo familiar does not require you to have lived in Spain for two years .
Is your family member a Spanish citizen?
If so, do not assume that you should apply for Arraigo familiar.
The current regulations include a specific temporary residence authorization for family members of Spanish citizens .
This is the first route you should check if your right to reside in Spain arises from your family relationship with a Spanish citizen.
See the guide for family members of Spanish citizensSpecific family circumstances currently linked to certain EU, EEA or Swiss nationals.
Specific authorization for certain foreign nationals who have a family relationship with a Spanish citizen.
What you need to meet to apply for Arraigo familiar
In addition to qualifying under one of the two family circumstances described above, you must meet the general requirements of the procedure.
You must not be a citizen of the EU, EEA or Switzerland.
You must be in Spain.
You must not be an applicant for international protection when you submit the application or while it is being processed.
You must have no criminal record in Spain or in the countries where you have lived during the previous five years, as required.
You must not be listed as inadmissible where applicable.
You must not be subject to a commitment not to return to Spain, where applicable.
You must not pose a threat to public order, security or public health.
Compatible immigration status. You must not hold a stay or residence authorization or be an interested party in certain procedures for granting, extending, renewing or changing one.
You must meet the specific family circumstance on which the application is based.
Pay the applicable fee.
Documents for Arraigo familiar
Form EX-10 duly completed and signed.
Full passport, registration certificate or valid travel document recognized as valid in Spain.
Criminal record certificate as required by the procedure.
Identification document of the EU, EEA or Swiss citizen on whom the case is based.
Documents issued abroad: may require an official translation and, unless an applicable exception applies, legalisation or a Hague Apostille.
How to apply for arraigo familiar
Complete Form EX-10
This is the form used to apply for residence authorization on exceptional grounds under an arraigo route.
Gather the documents
Include the general documents and specific evidence of the family relationship on which your application is based.
Submit the application
You can submit it in person to the Immigration Office in the province where you live or online through Mercurio.
Pay the fee
Form 31 indicates that the fee is paid by the foreign national using Form 790 Code 052, item 2.3.1 , within the applicable payment period.
Processing time, TIE, work and duration
Decision period
The official processing period is counted from the day after the application is received by the competent authority’s registry.
Administrative silence
If the deadline passes without notification, the application may be deemed refused due to administrative silence.
TIE application
Once residence authorization is granted, the foreign national must apply in person for a Foreigner Identity Card (TIE) within the established period.
Duration of arraigo familiar
Unlike other ordinary arraigo routes, the residence authorization under arraigo familiar is valid for five years .
Authorization to work
Residence authorization on exceptional grounds also grants authorization to work, subject to the exceptions provided for by law.
Arraigo familiar is not the same as family reunification or residence as a family member of a Spanish citizen
Specific circumstances
It currently covers the two specific circumstances explained in this guide.
Separate authorization
If the relationship giving rise to your right is with a Spanish citizen, you should first check the specific authorization in Form 18.
See the guide for family members of Spanish citizensForeign national already residing in Spain
This is a separate route for certain family members of a foreign national who already resides legally in Spain.
Check the requirements before applying
This page is based on the current regulations and information sheets. Always check your specific circumstances before starting the application process.
Questions about arraigo familiar
How many years do I need to have lived in Spain to apply for arraigo familiar?
The current arraigo familiar route does not require a minimum period of prior residence in Spain. You must meet the relevant family circumstances and the other applicable requirements.
Can I apply for arraigo familiar because I have a Spanish child?
You should not automatically apply the former regulations. There is now a specific authorization for family members of Spanish citizens, which should be considered first when the family relationship is with a Spanish citizen.
Does being the child of a Spanish citizen by birth now qualify me for arraigo familiar?
This circumstance was covered by the previous regulations. The current Regulations provide a specific regime for family members of Spanish citizens, so you should check that route.
Does arraigo familiar require an employment contract?
This route is not based on having an employment contract. The key is to meet one of the specified family circumstances and the general requirements.
How long is arraigo familiar currently valid for?
The arraigo familiar authorization is valid for five years, unlike other ordinary arraigo authorizations, which have a different initial validity period.
How long does the Immigration Office take to decide?
Form 31 sets a decision period of three months from the day after the application is entered in the register of the competent authority.
What happens if there is no response after three months?
The official information sheet states that administrative silence is deemed to be a refusal. A lack of response should not be interpreted as automatic approval.
Can I submit an arraigo familiar application online?
Yes. Form 31 allows applications to be submitted online through the Mercurio platform, as well as to the competent Immigration Office.
First check which family immigration regime applies to you
Arraigo familiar, residence as a family member of a Spanish citizen and family reunification are different procedures. Choosing the correct route is the first step.