Temporary residence in Spain due to exceptional circumstances
This temporary authorization is requested when there are “exceptional circumstances” for the interested party, a foreign citizen of a third-party State. These situations are very varied, and this is why there are different cases for accessing this type of Authorization (cases of having roots, international protection, humanitarian reasons, collaboration with public authorities, or reasons of national security or public interest).
However, all of them have a common denominator: the interested parties may process their application and remain in Spain at all times, even if they are in an “irregular” situation, without having to go to their country of origin or of last residence in order to obtain any type of visa.
Residence authorizations for having roots in Spain
In this post, we will focus on one of these “exceptional circumstances”: that of having roots. This is a temporary authorization that may be granted to non-EU citizens who are in Spain and who have family ties in our country or are socially integrated.
What types of roots does the Spanish regulations include?
The regulations differentiate between three types of roots:
Residence due to having social roots in Spain
Foreigners from third-party countries who prove their continued stay in Spain for a minimum period of three years may obtain this authorization, as long as any absences from Spanish territory do not exceed 120 days in any case.
It will be necessary to have an employment contract signed by the employer at the time of application, which has been valid for a period of more than one year.
In addition, the applicant must demonstrate that they have family ties with other foreign persons legally residing in Spain or, failing that, present a favorable report on having roots that proves their social integration, issued by the Autonomous Community in whose territory they have their habitual residence. For this report to be issued, the applicant needs to attend a personal interview prior to the application for authorization, in which they must demonstrate that they are registered locally, the economic means that they have, and their efforts to integrate into society through socio-labor and cultural insertion programs.
Residence by having family roots in Spain
This is an authorization that can be granted to non-EU foreign citizens who are in Spain and who:
- Are either the father or mother of a minor of Spanish nationality. In this group, parents of children from within the community could also request this authorization. However, at the moment there is also the possibility of requesting a residence permit for Spanish parents, which, unlike this authorization, is valid for five years.
- Or are the children of a father or mother who were originally Spanish.
Residence due to having work roots in Spain
This authorization is granted to foreign persons who demonstrate that they have had labor relations in Spain for at least six months and who have continuously resided in Spanish territory for a period of two years. This is therefore the third way to legalize the stay of a foreign person who is in an irregular situation.
The interested party, who wishes to prove that they have worked at least six months, will have to go to the Labor and Social Security Inspectorate, or to the corresponding courts, and obtain any of the documents required by the Immigration Regulations in which this recognition is reflected.
Request for temporary residence authorization due to exceptional circumstances
In all cases, this temporary residence authorization for exceptional circumstances must be requested by the foreign person from Spain and will be granted for a period of one year. The Immigration Office has three months to issue a response from the submission of said application. Within a month from the granting of the permit, the foreign person must apply for their foreign person identity card.
This authorization will allow the applicant to live and work legally for its duration. Once this first year is over, it will need to be modified into an ordinary residence permit (employed, self-employed, residence for non-profit purposes, etc.). It is very important to work during the year of this authorization, otherwise when the time comes for the renewal and consequent change of permit, the legal residence in Spain of the foreign person may be complicated since these permits require having worked for a minimum period of time (with the exception of residence for non-profit purposes).
Do you need more information about residence permits in Spain? Contact our professionals in international mobility as they can help you