Residence on the Basis of Exceptional Circumstances
June 22, 2023
Residence based on social integration in Spain is known as residence based on exceptional circumstances and is granted to foreigners who are in Spain without a residence or work permit, have family ties, or are socially integrated. This type of permit is valid for one year and comes with an authorization for self-employed or employed work.
Social integration is a permit through which many individuals can regularize their administrative status in our country. This authorization for residence based on exceptional circumstances can be processed whether you've never had a residence permit before, or if you had one but couldn't renew it.
The authorization for residence based on exceptional circumstances due to social integration is a temporary residence permit that can be granted to foreign citizens who are in Spain and either have family ties in Spain or are socially integrated.
This permit can be for residence only, or for both residence and work, either as an employee or as a self-employed individual. It's valid for one year, and as its expiration approaches, we can renew it to continue staying in Spain entirely legally.
REQUIREMENTS TO APPLY FOR "RESIDENCE BASED ON SOCIAL INTEGRATION"
The required conditions, which apply to all types of social integration, are:
- Not being a citizen of a European Union state, the European Economic Area, or Switzerland.
- Having no criminal record in Spain, your country of origin, and your previous countries of residence for the past five years, for offenses recognized in Spanish law.
- Not being prohibited from entering Spain and not being listed as rejectable in the territorial space of countries with which Spain has a signed agreement to that effect.
- Not being, if applicable, within the commitment period of not returning to Spain that the foreigner has assumed when voluntarily returning to their country of origin.
The specific requirements for obtaining this type of residence and/or work permit, in addition to the common ones, are:
- Documenting continuous presence in Spain for a minimum period of three years.
- Having family ties with other resident foreigners (spouses or registered partners, first-degree ascendants and descendants) or providing an integration report that confirms social integration. This report is issued by the Autonomous Community of residence, and if it hasn't been issued within 30 days, this requirement can be justified through any legally accepted means of proof.
- Having a work contract signed by the worker and the employer at the time of application, for a period not less than one year. This employment must be based on a single contract, except in cases of:
- Agricultural sector: presentation of two contracts is possible, with different consecutive employers, each lasting a minimum of six months.
- Engaging in the same occupation, working partially and simultaneously for more than one employer, in which case the presentation of multiple contracts is acceptable, all lasting a minimum of one year, with a combined weekly workload not less than thirty hours.
If you do not have a job offer or any employer willing to provide you with such a work contract, you can apply for social integration without a work contract. In this case, you have two options:
1. Social Integration as Self-Employed
This can be done by creating your own business and working as a self-employed individual in Spain. For this, you'll need to provide:
- A Business Plan, specifying your target clientele, the detailed activities you will undertake, estimated income, anticipated expenses, etc.
- Proof of sufficient economic means to invest and start your business (the amount varies depending on the type of business).
- Evidence of economic resources to support yourself in Spain (at least 100% of the monthly IPREM, which amounts to 579.02 euros per month).
- Compliance with legal requirements for opening and operating your chosen business activity, including required qualifications or relevant professional experience and, if necessary, registration with relevant professional associations.
2. Social Integration with Own Resources
Another option is to demonstrate that you have sufficient personal financial resources or those of a family member. In this specific case, the granted authorization will only cover residence and will not include a work authorization.
Please note that for any type of social integration application, whether self-employed or with personal financial resources, it is mandatory to submit an Inclusion Report recommending the approval of Social Integration along with the rest of the documentation.
We are available to discuss measures that may be of interest to individuals, self-employed individuals, or companies. You can reach us through email at legalidad@legalidad.eu or by phone at +34910601422, and we will be happy to assist you without any obligation.
Legal Disclaimer: The content of this document cannot be considered in any case as recommendations or legal advice on any matter.