It is possible to grant temporary residence in Spain due to Arraigo Familiar, that is, certain exceptional circumstances related to family ties. Specifically, this applies when the foreigner in Spain is the parent of and lives with a Spanish national minor, or when they are the children of Spanish nationals by origin.
In addition to these initial conditions, immigration rules determine that potential beneficiaries of family roots must not be citizens of any European Union State or relatives of citizens from these countries. They must also lack criminal records in Spain or in the countries where they previously resided for crimes defined by the Spanish legal system and be within the commitment period of not returning to Spain that the foreigner had assumed when voluntarily returning to their country of origin.
The application for temporary residence based on exceptional circumstances of arraigo familiar can be submitted personally by the foreigner or through their legal representative, in the case of minors or incapacitated individuals, at the Immigration Office of their residence.
This is the pathway to legal residence for descendants of Spanish nationals by origin who have not been able to opt for nationality within the legal period established by the Civil Code, or for parents of minors with Spanish nationality who live together in Spain or, even if not living in the same house, fulfill their parental obligations.
This case does not require any period of residence in Spain and can be requested during a tourist stay, provided that the following are available:
In the case of being the parent of a minor with Spanish nationality:
- Birth certificate of the minor, where the family link is accredited.
- Family registration at the local council (empadronamiento).
- Criminal record certificate from the applicant’s country of origin, duly legalized and translated if necessary.
In the case of being the child of a parent originally Spanish:
- Birth certificate of the applicant, duly legalized and translated if necessary.
- Birth certificate from the Spanish Civil Registry, where the nationality of the parent originally Spanish is recorded.
- Criminal record certificate of the applicant, duly legalized and translated if necessary.