In this case, two aspects must be proven: Continuous residence in Spain for two years and irregular employment for an employer for six months.
Given that this application for residence due to exceptional circumstances for labor roots involves reporting to the labor inspection by the worker or as a result of an inspection on the company, where a sanction is imposed; it is one of the least used roots options. However, the Immigration Regulation establishes this pathway to residence as long as one of the following documents is available:
- Judicial resolution recognizing the irregular labor relationship.
- Resolution by the Labor Inspection or Social Security, in the same sense.
With the aim of granting a temporary residence permit, the Law establishes the possibility of concurrent exceptional circumstances, specifically those referring to labor roots. The individual interested in applying for temporary residence in this manner must meet certain requirements:
- Not being a citizen of a European Union State, the European Economic Area, or Switzerland, nor a family member of citizens of these countries to whom the regime of Union citizen applies.
- Continuous residence in Spain for at least two years, meaning without absences of more than 90 days.
- Absence of criminal records both in Spain and in their country of origin.
- Proof of the existence of labor relations lasting no less than six months, either through a judicial resolution or a conciliation record in judicial proceedings that recognizes it, or an administrative resolution confirming the infraction record of the Labor and Social Security Inspection that accredits it.
Once the corresponding administrative procedure has been completed, the residence authorization for labor roots reasons grants a work authorization with the same validity as the first.