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Legal residence in Spain

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    What is Spanish residency?

    Legal residence in Spain refers to the immigration status that allows a foreigner to live legally in Spain for a specified period of time, subject to the country’s immigration laws and regulations. Legal residence is granted through different types of visas or residence permits, and is subject to certain conditions and requirements established by the Spanish authorities.

    There are several types of legal residence in Spain, including, among others:

    Residence for work

    For foreigners who have an employment contract in Spain, either on behalf of another (employee) or on their own (own-account or self-employed worker).

    Residence for study

    For foreigners who wish to study in Spain, either in undergraduate, postgraduate or professional training programs.

    Residence by rooting

    For foreigners who can prove social, work or family roots in Spain, complying with the requirements established by Spanish legislation.

    Residence for family reunification

    For foreigners who have a direct family member residing in Spain, such as spouses, dependent minor or older children, and dependent ascendants.

    Non-profit residence

    For foreigners who have sufficient economic resources and wish to reside in Spain without carrying out a work activity.

    Benefits of obtaining legal residence in Spain

    Right to live and work legally in Spain

    Legal residence allows foreigners to live and work in Spain legally, complying with the country’s immigration laws and regulations.

    Access to public and social services

    Legal residents in Spain have the right to access public and social services, such as health care, education, social security and other services available to Spanish citizens.

    Legal protection and labor rights

    Legal residents in Spain have legal protection and can access labor rights established in Spanish law, such as minimum wages, job security, employment rights and other labor benefits.

    Possibility of family reunification

    Legal residence in Spain may allow the possibility of family reunification, since some types of legal residence, such as residence for family reunification, allow immediate family members to join the holder of the residence in Spain.

    Access to study and training opportunities

    Legal residents in Spain can access study and training opportunities at Spanish educational institutions, which can open doors to a wide range of academic and professional options.

    Freedom of movement in the Schengen Area

    Spain is part of the Schengen Area, which is an area of ​​free movement of people that includes several European countries. As a legal resident in Spain, you can enjoy freedom of movement within the Schengen Area, which allows you to travel to other countries in the area without the need for additional visas.

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    Ways to acquire legal residence in Spain

    How do you obtain Spanish residency?

    Community family residence

    Community family residence is a type of residence that applies to direct family members of citizens of the European Union (EU), the European Economic Area (EEA) or Switzerland residing in Spain. This type of residence allows family members of EU citizens to live and work in Spain by virtue of the right to free movement and residence in EU countries.

    Family members eligible for community family residency include:

    Spouse or registered partner: Spouses or registered partners of EU citizens.
    Children: Children under 21 years of age, dependent children over 21 years of age and children of legal age with disabilities.
    Ascendants: Parents and grandparents who are dependents of the community citizen.

    General requirements

    To obtain residence by a community family member in Spain, the community citizen must be residing in Spain legally and exercising their right to free movement and residence in the EU. The family member applying for community residence must present the required documentation, which may include the passport or identity document of the community citizen, proof of family relationship, proof of residence of the community citizen in Spain, and other specific documents.
    Residence by community family member allows family members to live and work in Spain for a determined period, renewable periodically. It can also lead to obtaining long-term residence in Spain after a certain period of time.

    Residence by domestic partner

    Unmarried couple residence refers to a type of residence that allows two people who are not married, but who maintain a stable and registered relationship as a common-law couple, to obtain a residence permit in Spain.

    This type of residence applies to common-law couples, both heterosexual and homosexual, who can demonstrate a long-lasting and stable relationship, similar to that of a marriage, through the civil partnership registry in a competent public entity.

    General requirements

    In order to obtain residency as a civil partnership in Spain, applicants must meet the requirements established by the Spanish authorities, which may vary depending on the autonomous community or municipality where the civil partnership registration is carried out. In general, proof of stable and long-term cohabitation is required, such as a joint rental agreement or deed, joint bank accounts, joint life or health insurance, among other documents.
    It is important to keep in mind Keep in mind that residence by a common-law partner does not automatically grant Spanish nationality, but rather allows you to obtain a residence permit in Spain for a determined period, renewable periodically. It can also lead to obtaining long-term residence in Spain after a certain period of time.

    Residence by rooting

    Residence by roots is a type of residence permit in Spain that allows foreigners to obtain a residence authorization in cases in which they can demonstrate “roots” or significant integration into Spanish society.

    This option is designed for those immigrants who are in an irregular situation in Spain but who meet certain requirements established by the Spanish authorities.

    There are several types of roots that can lead to a residence application in Spain, such as:

    Social roots

    This type of arraigo applies to people who can demonstrate social integration in Spain through their active participation in the local community, such as having Spanish children under their care, being victims of gender violence, being minors and have resided in Spain for at least one year, or have a recognized disability.
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    Labor roots

    This type of arraigo applies to people who can demonstrate a previous employment relationship with an employer in Spain, through an employment contract, and who have worked in Spain continuously for at least two years.
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    Family roots

    This type of arraigo applies to people who are direct relatives of Spanish citizens or other foreigners residing in Spain, and who can demonstrate the existence of a genuine and dependent family relationship.
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    Rooting for training

    The arraigo for training in Spain is a residence permit that is granted to foreigners who wish to reside in the country to carry out training activities, such as courses, internships or academic studies. This permit is regulated by the Immigration Law in Spain.
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    Frequently asked questions

    How to obtain legal residence in Spain?

    How long does the residence card for a community family member take?
    When we submit a residence application for a community family member, the immigration office has a period of 90 days to respond, however, on occasions the waiting time may be shorter or longer.
    Who can apply for the community family card?
    Any foreign person who meets the necessary requirements, specifically, a foreigner married to a European citizen, a domestic partnership made up of a foreigner and a Community citizen, as well as the ascendants and descendants of the foreign citizen.
    What rights does the de facto couple have in Spain?
    The most important thing is the right to apply for residence because you are a relative of a citizen of the European Union. On the other hand, in the event of the death of one of the members of the couple, one may be entitled to a widow’s pension, in addition to facilitating a possible acceptance of inheritance.
    What documents do I need to apply for the community card?

    The necessary documents are the following:
    a) Form EX19, filled out and signed by both members of the couple.
    b) Copy of DNI or NIE of the EU citizen.
    c) Full passport, of the foreign citizen (copy of all pages inside).
    d) Certificate of Marriage translated into Spanish, and registered in the country of the EU citizen and/or certificate of civil partnership registration. (Updated, less than 3 months from the date of issue).
    e) Coexistence register flyer or individual register, processed at the town hall where the person is registered. partner. (Updated less than 3 months from the date of issue)
    f) Economic means of the EU citizen (employment contract, self-employment registration, tax return , income tax return (IRPF), and/or certificate of ownership and account balance of a Spanish bank account, with a minimum amount of €10,000).
    g) Only in the case of unmarried couples, < strong>certificate of singleness of both members of the couple. Duly legalized and apostilled, and where appropriate translated into Spanish. (Updated less than 3 months from the date of issuance)
    h) Authorization of representation, provided it is presented by a third party.

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    Excellent advocate. Very fast service and quite friendly. Speaks good English as well. Highly recommend Henry for all your legal procedures.

    Jephin Alex

    Henry is the best in town. Despite my difficult situation, he worked with my family to help us work everything out quickly. Henry knows the system here in Spain inside and out and we truly appreciate his help. I know countless other friends that have gone to Henry and always come back with their issues solved. Give Henry a call.

    Rob

    Un gran profesional, me ayudo con la nacionalidad, aún nacida en españa, tuve muchos problemas que solo él soluciono de manera fácil y rápida! Además a distancia ya que yo vivo en el Pirineo 👍🏽 Lo recomiendo al 100%

    Shana Adachi

    Lawyer Henry, exemplary professional, great availability to answer questions. Very kind, with cordial treatment, thanks to his good work I got my community residence card. Thank you so much!

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