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IMMIGRATION PROCEDURES

Foreigner Identity Number (NIE)

Legalization

When a person becomes in an non autorizado stay situation either for having entered as a tourist and having stayed more than 90/180 days Schengen without permission or for not having submitted any of the possible extensions or renewals within the deadline timeframe or presented within the deadline but not meeting the requirements for its renewal.

In these cases not all doors are closed, this situation can be regularized with the legal figure of the Arraigo (we would translate as TIE). These contemplate a series of requirements to legalizee the people who request it, being the common denominator, to prove the permanence in Spanish territory for X time and not to have a criminal record neither in the country of origin nor in Spain.

—Arraigo through studies

2 years of stay in Spain and commitment to enroll in a course of at least 200 hours that leads to obtaining a professional degree. Residence permit is granted without work authorization for the period of 1 year, during which the training must be completed and after its completion obtain a job offer in relation to the degree obtained.

—Arraigo through work

2 years of stay in Spain and prove at least 6 months of work employment paying into spanish social security system as employed or employee.

—Arraigo through social means

3 years of stay in Spain and present either means to cover their expenses in Spain during the term of their concession or a job offer covering the same period.

A 1-year residence permit is granted with a work permit, except in the case of having presented economic means and no job offer.

—Arraigo through family ties

—Spanish parent or guardian

—Person providing support to a Spanish disabled person

—Spouse or accredited common-law partner of Spanish, ascendant over or under 65 years of age and descendants under or over 21 years of age

—Children of an originally Spanish father or mother

—Humanitarian reasons

—Being a victim of an offence under articles 311 to 315, 511.1 and 512 of the Criminal Code: offences against workers' rights

—Being a victim of crimes in which the aggravating circumstance of commission for racist, anti-Semitic or other types of discrimination has concurred regarding the ideology, religion or beliefs of the victim, the ethnicity, race or nation to which he belongs, his sex or sexual orientation, or the illness or disability he suffers.

—Being a victim of crimes for violent behavior exercised in the family environment, provided that a judicial resolution has been issued that ends the judicial procedure in which the condition of victim is established.

—Suffer a serious illness that requires specialized health care, not accessible in their country of origin, and that the fact of being interrupted or not receiving it poses a serious risk to health or life. Exceptionally, it will not be necessary to be supervened in the event of extending the stay of a foreign minor temporarily displaced to Spain for medical treatment, once the possibility of extending the situation of stay has been exhausted and the stay is essential for the continuation of the treatment.

—That their transfer to the country from which they originate or come from, for the purpose of applying for the corresponding visa, implies a danger to their safety or that of their family and that they meet the rest of the requirements to obtain a temporary residence or residence and work authorization.

Students

1. Student Visa
2. Student residency permit

Are you a non-EU citizen and you are considering the possibility of studying in Spain?
The student permit is the authorization that allows non-EU citizens to stay in Spain while they study in public or private education centers, carry out research or participate in some type of training in Spain.

General regime

1. Non-lucrative residency. Residency permit with no work purposes which requires proving enough income or funds for the perod granted. Granted for 1 year, renewable
2. Residency and initial work authorization. Company in Spain willing to offer a 1 year contract to a non european country citizen can follow this process to offer a job to a worker living abroad
3. Family reunification. Immigration process available for those resident in Spain that are willing to apply to reunite their direct family members in Spanish territory
4. EU long-term residence. Granted to those long term residents that once they have a stable job can apply for in order to one Day being an option to transfer residency to another EU country
5. Long-term residence of a citizen with an EU long-term permit in another Member State. Process followed by long term resident in other EU Country willing to transfer long term resideny to Spain

European regime

1. Citizen of an EU country
2. Familiar de ciudadano de la Unión

This regime is applicable to citizens that hold nationality of a country in the European Union and their family when nationals of third countries

Extensions and renewals

1. Extensions of stay
2. Extensions of residence permits
3. Renewals

Modifications

1. Modification of the regime
2. Modification of the type of authorization

Return authorization

Are you in a period of extension or renewal of your residence permit and need to travel outside Spanish and Schengen territory? If your residence card is expired or about to do so, you can request a return authorization that allows you to travel outside Spain for a period not exceeding 90 days with a return authorization.

Appeals

1. Administrative appeal
2. Court appeal

It is our philosophy to study case by case the viability of each procedure with the aim of achieving a favorable resolution. We believe in the advantage of administrative appeals - those that are presented directly to the immigration office for resolution - as the most appropriate way to appeal an unfavorable decision. If you have received a notification closing your file or an unfavorable resolution, study the viability of the administrative appeal against the court claim, as well as other possible options for procedures.