Employment arraigo: requirements, contracts and documents

The employment arraigo is a residence authorisation on exceptional grounds for people who are in Spain and can provide one or more employment contracts. A job offer is only part of the application: the length of stay, immigration status and the employer’s ability to hire are also assessed.

At TRALIF, we review the whole case and the applicant’s and employer’s documents to prepare an application consistent with your circumstances.

Employment arraigo requirements

• Be in Spain and, as a general rule, prove two years of continuous stay before the application.
• Not be an applicant for international protection when applying or while the application is being processed. Time spent as an asylum applicant does not count towards this ordinary arraigo route under the terms of the regulation.
• Not hold a stay or residence authorisation, and not have an ongoing application for the grant, extension, renewal or modification of such authorisations.
• Meet the conditions relating to criminal records, public order, entry bans and, where applicable, any commitment not to return.
• Provide suitable contracts and pay the relevant fee.

Your historical municipal registration record helps prove your stay, but it is advisable to gather other dated evidence for periods when you were not registered. Absences from Spain and periods linked to asylum require an individual calculation. Do not withdraw an application for international protection solely to apply for arraigo without first reviewing the consequences.

Is a 20-hour weekly contract sufficient?

The combined working hours must total at least 20 hours per week. Pay must comply with the statutory minimum wage or the applicable collective agreement, proportionately to working hours. Gross pay, hours, job duties and the agreement must be checked; a monthly amount alone does not show whether the contract meets the requirements.

Several contracts are accepted for simultaneous part-time jobs with different employers and, in the cases provided for, successive seasonal contracts. Contracts must be signed. A verbal offer, a promise of employment or paying to obtain a contract does not replace the required documentation.

Personal and employer documents

• Form EX-10, a complete valid passport and proof of payment of the fee.
• Documents proving continuous stay.
• Foreign criminal record certificates where required. The exemptions in Article 130, legalisation or apostille, and translation must be checked.
• One or more signed contracts and documents identifying the employer.
• Documents showing who represents the company and evidence of its financial capacity: business activity, tax returns or other suitable supporting documents.
• Proof of qualifications or recognition of qualifications if the profession requires it.

The employer must meet their tax and Social Security obligations and have the capacity to fulfil the employment commitments. For domestic work, the hiring person’s resources are also assessed. The specific document list varies with the employer and occupation.

How to apply and when you can work

1. Check the requirements and organise your evidence before starting the application.
2. Apply to the Immigration Office responsible for your place of residence through an accepted channel, including Mercurio where applicable. Keep the submission receipt.
3. Check notifications and respond to requests for additional documents within the stated deadline.
4. Check the notice confirming that your application has been accepted for processing: Article 130.5 provides provisional permission to reside and work as an employee. A submission receipt alone is not equivalent to that notice.
5. After approval, check registration with Social Security within one month and apply for the TIE within the prescribed period.

The authorisation is initially valid for one year. Before it expires, consider whether a modification or extension is appropriate and which documents you need to maintain your residence.