Second-chance arraigo (arraigo de segunda oportunidad)

Who it is for

Article 127.a) of the Regulation puts it this way: having held a residence permit not granted for exceptional circumstances, in the two years immediately before the filing date, whose renewal did not take place for reasons other than public order, security and public health.

Each piece of that sentence filters cases, so it is worth taking apart:

• Having held a residence permit: residence and work as an employee or self-employed, non-lucrative residence, a student who moved to residency, family member of an EU citizen. Any under the general or ordinary regime counts.
• Not for exceptional circumstances: a previous arraigo does not serve as the basis. Nor does a humanitarian permit.
• In the two years immediately before: the window is short. If the permit expired three years ago, this route is closed.
• Renewal not taking place for reasons other than public order: that is, if you did not renew because you lost your job, lacked means or missed the deadline, you fit. If you did not renew because of a public order problem, you do not.

The Regulation adds an important proviso: it may be requested where there is a judgment refusing the charge, dismissal of proceedings or acquittal. Criminal proceedings that ended without conviction do not close the door.

Specific documents

• Previous foreigner identity card, even if expired, or the decision granting that permit.
• Up-to-date employment history, which besides proving the track record helps prove time in Spain. It downloads in two minutes with a certificate: how to get the employment history report.
• Proof of why it was not renewed, where a document exists: decision ending the permit, refusal of renewal, or simply the absence of a decision if the application was never filed.
• If there were criminal proceedings, the dismissal decision, the acquittal or the judgment refusing the charge.
• Criminal record certificate from your home country if five years of continuous stay in Spain is not proved.

How the procedure works

A permit for exceptional circumstances requires no visa and is applied for in person before the competent body, except for minors or people who need support to exercise their legal capacity, where their legal representative may file it.

With the application you provide a full copy of your valid passport, registration card or travel document valid in Spain; the signed employment contract where required; and the documents proving the specific situation claimed. For arraigo you also provide the criminal record certificate from the country or countries where you lived during the five years before entering Spain. The immigration office requests the Central Criminal Records report and the police report ex officio.

There are two cases where third-country records need not be proved: having stayed continuously in Spain for the five years immediately before the application, or having proved it in a previous application within those five years without having left since.

If the documents are incomplete, the administration requests correction with a deadline that cannot exceed fifteen days. If it is not corrected, the file is closed as withdrawn. That is by far the most frequent reason for the lost files that reach this gestoría.

Tracking the file needs no phone calls: see how to check the status of an immigration file. Once the permit is granted, there is one month from notification to apply in person for the foreigner identity card.