There are some cases in which a foreign person can have residence in Spain in an extraordinary way. This is the case of what is known as “social roots”. What does this mean?
Basically, it is a temporary residence authorization for exceptional circumstances that may be granted to foreign citizens who are in the country for a minimum period of three years and have an employment contract or contracts and, or, have family ties in Spain or are socially integrated.
According to the current regulations, there are a series of assumptions by which the individual could adhere to the residence and work authorization due to social roots. Firstly, it is necessary not to be a citizen of a State of the European Union, the European Economic Area or Switzerland, or a family member of citizens of these countries to whom the Union citizen regime applies.
In addition, they must not have a criminal record in Spain and in their previous countries of residence for crimes existing in the Spanish legal system, and not be prohibited from entering the national territory, together with not appearing as rejectable in the territorial space of countries with which they that the country has signed an agreement to that effect.
On the other hand, not being, where appropriate, within the commitment period of non-return to Spain that the foreigner has assumed when returning voluntarily to their country of origin. And, likewise, having remained continuously in Spain for a minimum period of three years. For this requirement to be met, absences in the country during this period cannot exceed 120 days.
Another essential characteristic is having family ties with other resident foreigners (spouse or registered common-law partner, ascendants or descendants in the first degree and direct line) or submitting a rooting report that certifies their social integration issued by the Autonomous Community (or the City Council if the Autonomous Community has authorized it), in whose territory you have your habitual residence.
In the event that the report has not been issued within 30 days, a circumstance that must be duly accredited by the interested party, this requirement may be justified by any means of proof admitted by law.
Have an employment contract signed by the worker and employer, which guarantees at least the minimum interprofessional salary or the salary established, where appropriate, in the applicable collective agreement.
And what documentation is needed for the residence and work authorization for social roots? First of all, it is necessary to fill in the application form in official model (EX-10) in duplicate, duly completed and signed by the foreigner. Attached, a complete copy of the passport, travel document or registration document with a minimum validity of four months is required.
Likewise, it is necessary to add the documentation accrediting the continued stay in Spain for a minimum period of three years.
As can be seen on the website of the Ministry of the Interior: "The documentation provided must contain the identification data of the applicant, preferably it must have been issued and/or registered by a Spanish Public Administration".
By way of example, documents related to registration, hospitalization, a medical consultation in public health, as well as any municipal, regional or state documentation that justifies presence in Spain will be taken into consideration.
You will need to incorporate the criminal record certificate issued by the Authorities of the country or countries in which you have resided during the last five years prior to entering Spain.
And, finally, the supporting documentation of the required family ties (updated marriage certificate or couples registry, birth certificate or other documents), or, alternatively, a social integration report issued by the Autonomous Community of the applicant's habitual residence. .
