Applying for Arraigo Laboral when you have worked legally in Spain

Attention! The Supreme Court has issued a very important ruling, which creates jurisprudence, and which greatly modifies the interpretation of the concept of "arraigo laboral" that has been followed until now.

As you know, the "arraigo laboral" is an authorisation for exceptional circumstances contained in our immigration regulations, which allows the applicant foreigner to obtain the right to reside and work in Spain when they can prove, basically, that they have been in Spain for the two years prior to the application, that they have no criminal record in Spain and in their country of residence for the last 5 years and, finally, that they have maintained an employment relationship of at least 6 months. The regulation itself establishes that the form of accrediting this employment relationship is limited to the presentation of a labour inspection report, a court ruling or a conciliation report, which reduces this process only to cases in which the foreigner has worked irregularly or clandestinely.

LABOUR ROOTS WHEN YOU HAVE WORKED LEGALLY IN SPAIN.

The importance of the Supreme Court's ruling lies in its analysis of the way in which the situation of employment roots necessary to obtain this authorisation can be accredited, establishing that the means of proof cannot be limited to those in which the foreigner has always worked in an irregular or clandestine situation and admitting as valid those cases in which the applicant for employment roots has worked legally and at a certain point in time has been able to become irregular. In this way, says the Supreme Court, it is possible to accredit the situation of employment roots by means of a work history report that accredits an employment relationship of more than six months.

THE SUPREME COURT HAS ALSO RULED THAT FOREIGNERS WHO HAVE BEEN REFUSED ASYLUM, REFUGEE STATUS OR INTERNATIONAL PROTECTION CAN PROVE THEIR LABOUR ROOTS.

Thus, the Supreme Court's ruling changes the situation for many foreigners who have applied for asylum, refugee or international protection status, who have been working in Spain legally with their contract, social security registration and an administrative document that allows them to do so, such as the Red Card or the so-called "Resguardo Blanco" (white receipt). In many of these cases, the Asylum Office has proceeded to deny these applications, leaving the foreigner in an irregular situation and with little recourse or means of regularisation beyond the Arraigo Social. Up to this point, of course, since the Supreme Court has endorsed the possibility of obtaining residence based on employment roots in those cases in which it is simply accredited that there has been an employment relationship for more than six months, and it is not necessary for this to have been irregular or clandestine. The means of proof is as easy to obtain as requesting an employment history report from the Social Security.

THE MEANS OF PROOF IS AS EASY TO OBTAIN AS REQUESTING A WORK HISTORY REPORT FROM THE SOCIAL SECURITY.

Thus, with this interpretation, it would be perfectly feasible to also obtain a residence permit for employment roots in cases where a foreigner who had another type of residence and work permit other than the red card, such as an employee card, a community card, a long-term residence permit, etc., and who has applied for legal residence, can access this exceptional residence permit for employment roots as long as they can prove that they have been in Spain for the last two years, have no criminal record and can prove that they have worked, legally or illegally, for at least six months.

So, we are going to keep a close eye on the scope of this very important Supreme Court ruling and see how the Foreigners' Offices begin to apply it, as it creates jurisprudence and is binding with the same rank or force as the LAW.

Here you can read the full sentence detailing how the figure of the well-known https://www.parainmigrantes.info/arraigo-laboral/ will be from now on.