![Can I get legal residency in Spain if I have a Spanish child? Family Roots Residence Explained [2025]](/fileuploads/blog/residencia-con-hijo-espanol_1744796071.jpg)
Can I get legal residency in Spain if I have a Spanish child? Family Roots Residence Explained [2025]
If you are in an irregular situation in Spain and have a child or close relative with Spanish nationality, you may be able to regularize your status through a legal figure known as "arraigo familiar" (family roots). This is a temporary residence permit based on exceptional circumstances, designed to protect family unity and ties with Spanish citizens.
Who can apply for the family roots permit in 2025?
This type of permit may be granted in the following situations:
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If you are the father, mother, or legal guardian of a minor with Spanish nationality, and you live with the child or are up to date with your parental obligations.
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If you provide care or support to a Spanish citizen with a disability, live with them, and are responsible for their care.
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If you are the spouse or registered partner of a Spanish citizen.
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If you are an ascendant over 65 years old (or under 65 if financially dependent) of a Spanish citizen or of their spouse/partner.
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If you are a descendant under 21 years old (or over 21 if financially dependent) of a Spanish citizen or their spouse/partner.
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If you are the child of a parent who was originally Spanish.
General requirements
To qualify for family roots residence, you must:
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Not be a citizen of the European Union, European Economic Area, or Switzerland.
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Have no criminal record in Spain or in any country where you have lived during the last 5 years.
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Not be banned from entering Spain or listed as inadmissible in the Schengen Area.
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Not be within a voluntary return agreement period that restricts re-entry into Spain.
Required documentation
Depending on your case, you will need to submit:
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Official application form EX-10 (in duplicate), signed.
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Full copy of your passport with at least 4 months of validity.
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Criminal record certificate covering the last 5 years, translated and legalized (not required if you’ve legally resided in Spain for over 6 months).
If you are the parent or legal guardian of a Spanish child:
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Birth certificate of the child showing both the relationship and the child’s Spanish nationality.
If you care for a Spanish citizen with a disability:
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Documentation proving their disability or need for legal support, and that you live with and support them.
If you are a spouse or registered partner:
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Marriage or civil partnership certificate, and the Spanish citizen’s ID (DNI).
If you are an ascendant or descendant:
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Proof of family relationship and, if applicable, proof of financial dependency.
If you are the child of a parent who was originally Spanish:
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Your birth certificate, your parent’s birth certificate, and proof of their original Spanish nationality.
Note: All foreign documents must be translated into Spanish by a sworn translator and legalized or apostilled according to the origin country.
Where and how to apply
Applications can be submitted:
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In person at the Immigration Office of the province where you are registered.
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Online, through the electronic platform of the Ministry of Territorial Policy (recommended if submitted by a registered lawyer or legal representative).
Application fee and processing time
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You must pay form 790 code 052, section 2.5 (temporary residence for exceptional circumstances) within 10 business days of your application being accepted.
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The processing time is up to 3 months. If there is no resolution after this time, the application is considered denied by administrative silence.
How long does the permit last and what rights does it grant?
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In most cases (parents of minors, partners, dependents): you’ll receive a 5-year residence permit, which authorizes you to work both as an employee or self-employed.
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In the case of children of parents who were originally Spanish: the permit is granted for 1 year, also with work authorization, and it can later be modified or renewed.
Residence card and fingerprint appointment
Once your application is approved, you must apply for your Foreigner Identity Card (TIE) within 1 month of notification.
You will need to bring:
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EX-17 form (TIE application)
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Proof of payment of the TIE fee
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Recent color photo (passport size)
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Valid passport or travel document
Conclusion
The family roots permit is a valuable opportunity to regularize your status in Spain if you have close ties to Spanish citizens. While the process involves careful preparation and the right documentation, it offers long-term residence and full access to employment.
At Visal Immigration Lawyers, we guide you through every step of the process to ensure a successful outcome. Contact us for a personalized consultation and let’s begin your application with confidence.