How can I get a residence permit in Spain if I’m undocumented?

By Visal Immigration Lawyers

With the new immigration regulation set to come into force in May 2025, the legal landscape for foreign nationals residing in Spain without authorization will change significantly. This reform introduces important developments, and one of the most notable is the transformation of the traditional "social rooting with contract" into a much more accessible and flexible figure known as social and labor rooting.

Social and labor rooting is positioned as the main administrative regularization channel for thousands of immigrants living in the country in an irregular situation. This procedure, framed within the authorizations of residence under exceptional circumstances, aims to respond to the reality of the labor market and the living conditions of many foreigners in Spain.

What is social and labor rooting and what is its purpose?

Social and labor rooting allows a foreign national who has resided continuously in Spain for at least two years to apply for a residence permit if they can prove they have been working and have a job offer. This mechanism seeks to recognize the integration of these individuals into society and the Spanish productive framework, facilitating their transition from informality to a legal situation.

Previously, this authorization was processed under the name of social rooting, requiring three years of residence in Spain, a full-time employment contract, and a social integration report issued by local social services. However, these requirements had become entry barriers for many foreigners.

Key updates introduced by the new regulation

One of the most significant changes is the reduction of the required period of residence. Now, it is enough to have lived in Spain for two years, a more reasonable and realistic timeframe considering the circumstances of many immigrants. In addition, the obligation to have a full-time employment contract is eliminated. A contract of at least 20 hours per week will suffice, which better aligns with the realities of the Spanish labor market, where part-time work is common in several sectors.

Another substantial improvement is the elimination of the social integration report, which was previously required to demonstrate the applicant's integration. This document, which depended on each municipality, could take up to eight months to be issued, generating unjustified delays. With its removal, the process is streamlined, and greater legal certainty is granted to the applicant.

It is also worth noting that the new regulation allows the time spent as an asylum seeker to count towards the required residence for social and labor rooting. This is a major advantage for individuals whose asylum applications are not approved but who still wish to remain in the country.

Practical implications for foreigners

These changes represent a real revolution in the field of immigration law, as they allow a much larger number of people to access a legal residence permit. The possibility of regularizing one’s status with a part-time contract and without a social report opens the door to immigrants who were previously forced to live irregularly for years.

The reality is that many foreigners already work in the informal sector under part-time contracts or precarious conditions. The new regulation recognizes this situation and facilitates their path to legality. Moreover, this reform could encourage employers to formalize the status of their foreign workers without needing to offer full-time contracts, which is often not feasible.

Criticisms and areas for improvement

Despite the progress this reform represents, there are some criticisms. Some experts, such as lawyer Vicente Marín, argue that social and labor rooting should not be the main entry and regularization route. From his perspective, the government should have strengthened mechanisms such as hiring at origin, allowing workers to legally come to Spain from their countries of origin.

The risk of continuing to rely on rooting as the primary means of regularization is that it perpetuates a prior irregular status, which may last at least two years, and in many cases exposes immigrants to labor exploitation and undignified conditions. Additionally, it may create a false perception that living in an irregular situation is a valid strategy to obtain documents, when in fact it entails risks and vulnerability.

Common questions a foreigner might ask

1. Can I access social and labor rooting with only a 20-hour weekly contract? Yes, the new regulation states that a job contract with a minimum of 20 hours per week is sufficient to apply for this residence authorization.

2. Do I need to wait three years to regularize my situation through rooting? No, one of the main changes is that now it is enough to have continuously resided in Spain for two years.

3. Is the social integration report still necessary? No, this report is no longer required for access to social and labor rooting, which speeds up the application process.

4. Does the time spent as an asylum seeker count towards the two required years? Yes, the new regulation allows the time spent as an asylum seeker to count toward the residence requirement.

5. What documents do I need to prove my stay in Spain? You can submit census registration (empadronamiento), bills, remittance receipts, medical records, school certificates, or any official documents that demonstrate your continuous stay in the country.

Tips for applicants

At Visal Immigration Lawyers, we recommend that all individuals interested in accessing social and labor rooting begin preparing their documentation in advance. It is essential to gather proof of continuous stay in Spain for at least two years, such as empadronamientos, bills, medical or school records, and witness statements.

Likewise, one should seek an employer willing to offer a job contract of at least 20 hours per week. Although a permanent or full-time contract is not required, it must be genuine and comply with legal standards.

Finally, having the support of a lawyer specialized in immigration law is crucial to avoid mistakes that could lead to a rejected application. At Visal Immigration Lawyers, we are committed to providing professional and personalized assistance throughout the process.

Do you have questions about your case?

Don’t hesitate to contact us to assess your situation and offer you the best legal strategy. Call us at 618 702 253 or visit our website: www.visalimmigration.com. We’ll be happy to help you achieve your goal of living legally in Spain.