The most comfortable and helpful way to obtain regular residence in Spain is what is known as social roots. It is the main formula for immigrants to regularize their employment situation in our country and obtain the relevant authorization to be able to reside without any problem.
Therefore, social roots is a permit that is granted to foreign citizens who are in our country and who have family, work ties or who, for their part, are socially integrated. In this sense, the roots may be family, work or social, depending on each case, the latter being the most frequent and demanded of all, and regulated in article 124.2 of the Immigration Regulations.
The next step to consider is what are the procedures that have to be carried out to request social roots. There are three different ways: private, through immigration lawyers or through immigration managers. All three are equally valid, but have their own nuances and criteria.
In the case of having the necessary training to process the application individually without depending on someone external, the private route is the least expensive alternative. Of course, the user runs the risk that, if he makes a mistake during all the procedures, he will not be granted the root.
In the event that there are lawyers specialized in immigration matters, they will help with the process, with the counterpart that the price to pay is usually quite expensive. And, ultimately, immigration agents will help you in the same way that lawyers can, although the fees they usually receive are somewhat lower.
The person who carries out the procedure must be the person who presents the documentation, or their legal representative in case of disability or being a minor. This application must be delivered to the Immigration Office of the province where the domicile is established. The presentation of the documentation is linked to a fee that must be paid within a maximum of 10 working days and that is currently around 36.78 euros.
The resolution should take a maximum of three months. If after this period no news has been received, it should be assumed that the application has been rejected. On the other hand, if the news is received that it has been accepted, then we will have a maximum period of one month to register with Social Security in the same company that appears in the file, since all applications are always linked to an employment contract. Also, within the same period of one month, the Foreigner Identity Card (TIE) must be requested.
And what is needed to be able to obtain social roots? Which are the requirements? Mainly, a series of characteristics provided for in article 124.2 of the Immigration Regulations, which we mentioned earlier, must be met.
Which are? First, not being a citizen of a state belonging to the EU, the European Economic Area or Switzerland. On the other hand, lack a criminal record in Spain and in previous countries of residence for crimes existing in the Spanish legal system.
In addition, having remained a minimum period of 3 years in Spain continuously. In order to meet this requirement, absences in the country during these years cannot exceed 120 days. The best way to prove this continued stay will be through the registration certificate. Likewise, entry into Spain should not be prohibited.
To all this we must add having family ties with other resident foreigners or with Spaniards; or have a report that shows that, truly, there is social integration. This report must be issued by the autonomous community in which the domicile of the interested party is located.
Finally, have a signed employment contract for a minimum period of one year. In addition, the company or employer must be registered with Social Security and be aware of their obligations.