Family roots: what it consists of and what are the requirements to apply for it

Family roots (“arraigo familiar”) is a special residency permit, relatively easy to obtain if all the requirements are met.

It is a temporary residence authorization based on exceptional circumstances, which can be granted to foreigners residing in Spain who are either the parent or legal guardian of a minor with Spanish nationality, the child of a father or mother who were originally Spanish, or the spouse or registered partner of a Spanish citizen, or of the spouse’s registered partner.

If you need more information to apply for family roots residency, the Immigration Department at CINC Asesoría can help guide you through the process.

The family roots residency permit is governed by the following legislation:
• Organic Law 4/2000, of January 11, on the Rights and Freedoms of Foreigners in Spain and their Social Integration (article 31.3).
• Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011, of April 20 (articles 123 to 130).
• DGM Instructions 8/2020 on the residence in Spain of parents, nationals of third countries, of minors who are citizens of the Union, including Spaniards.

To apply for family roots residency, you must meet the following requirements:

1. Not be 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 Union citizen regime applies.

2. Have no criminal record in Spain or previous countries of residence for offenses recognized under Spanish law.
3. Not be banned from entering Spain and not be listed as inadmissible in countries with which Spain has signed such agreements.
4. Not be under a commitment of non-return to Spain if the foreigner has voluntarily returned to their country of origin.
5. Fall under one of the following cases:
   • Be the father, mother, or legal guardian of a minor with Spanish nationality, provided that the applicant has custody of the minor, lives with them, or is up to date with parental obligations. Also, be a person who supports a Spanish national with disabilities in exercising their legal capacity, provided the applicant has custody of the disabled person and lives with them. In this case, a five-year authorization is granted that allows working both as an employee and self-employed.
   • Be the spouse or registered partner of a Spanish citizen. Also, be an ascendant over 65 years old, or under 65 years old dependent, a descendant under 21 years old, or over 21 years old dependent, of a Spanish citizen or their spouse or registered partner. A five-year authorization is granted allowing work as an employee or self-employed.
   • Be a child of a father or mother who were originally Spanish.

As we have seen, if you meet the requirements, family roots residency is a straightforward process to obtain a residence permit.

If you wish to start this process, don’t hesitate to contact the Immigration Department at CINC Asesoría, and we will help you obtain your residence card.