Updated: 7 October 2026
Arraigo familiar, sometimes translated as the family roots residence permit, is a Spanish residence route for certain non-EU parents, guardians and relatives providing support to EU, EEA or Swiss citizens. Its scope changed when the new Immigration Regulation took effect on 20 May 2025.
If your family member is Spanish, start with our residence guide for family members of Spanish citizens. Marriage to a Spanish citizen is not, by itself, a basis for a new arraigo familiar application under the current rules.
Who can apply for arraigo familiar?
Article 127(e) of Royal Decree 1155/2024 provides two categories. The applicant must be a non-EU, non-EEA and non-Swiss national in Spain and meet the general requirements below.
| Family situation | Conditions to establish |
|---|---|
| Parent or legal guardian of a minor who is a citizen of another EU country, an EEA country or Switzerland | Residence in Spain and responsibility for the child; living together or fulfilling the relevant parental obligations. The child must also reside in Spain. |
| Relative supporting a person with a disability who is a citizen of another EU country, an EEA country or Switzerland | A family relationship, support for the exercise of the person’s legal capacity, responsibility for that person and living together. |
For example, a non-EU parent living in Spain with a French minor may fall within the first category. The child’s nationality and birth certificate are only the starting point: the application must also address care responsibilities and the parent’s immigration position.
For the disability-support category, being a paid caregiver is insufficient without the required family relationship. Instruction SEM 1/2025 limits this category to one qualifying relative supporting the person.
Arraigo familiar or the EU family member residence card?
These are separate legal procedures. Arraigo familiar addresses the specific care and support situations above. The EU family residence regime has its own family categories and residence conditions.
A spouse joining a German citizen should assess the EU family route rather than assume that any EU family connection qualifies for arraigo familiar. Our EU family member residence card guide explains that procedure.
Choose the route before ordering certificates or filling in an application. If more than one legal basis appears relevant, review the complete circumstances rather than relying on the everyday label “family visa”.
General requirements in 2026
The current rules require the applicant to:
- Be in Spain, without being an applicant for international protection when applying or during processing.
- Have no criminal record in Spain or the relevant countries of residence during the five years before entering Spain, for offences recognised under Spanish law.
- Not pose a threat to public order, security or public health.
- Not be listed as inadmissible in the relevant countries with which Spain has an agreement.
- Not be subject to an unexpired voluntary-return commitment, where applicable.
- Not hold a stay or residence authorization or be an interested party in a pending procedure for its grant, extension, renewal or modification. This restriction was added in April 2026.
- Pay the application fee.
Arraigo familiar does not require a minimum prior period in Spain. The two-year residence condition applicable to other ordinary arraigo categories does not apply here. A job offer or an integration report is not a general requirement for this route.
Documents to prepare
Use the current EX-10 from the Ministry’s official application forms. Organise the supporting file around the category you are applying under.
| Document or evidence | What it should establish |
|---|---|
| Completed, signed EX-10 and a complete copy of the valid passport or accepted travel document | The applicant’s identity and requested procedure. |
| Foreign criminal record certificates, where required | The relevant countries of residence during the five years before entry into Spain. Statutory exemptions should be checked individually. |
| Birth certificate or legal guardianship document, plus nationality evidence | The relationship to the minor and the child’s qualifying nationality. |
| Address and care records | Residence in Spain, shared address or fulfilment of parental obligations, as applicable. |
| For disability-support cases: identity, family, disability and support documentation | The person’s qualifying nationality, the family relationship, legal-capacity support, responsibility and cohabitation. |
| Evidence of payment of the relevant fee | Payment for the residence application. |
Where parents live separately, prepare records explaining custody, maintenance and actual compliance with the relevant arrangements. A short declaration from the other parent may leave the evidence incomplete. The Valencia Immigration Office’s published guidance discusses this situation specifically.
Check whether foreign public documents need an apostille or diplomatic legalisation and an accepted official translation. Exemptions can apply depending on the country and document. Consult the Ministry’s legalisation and translation guidance.
Before filing, compare names, dates of birth and nationality across the passport, certificates and form. Make the link between each supporting document and the relevant eligibility condition clear.
How to apply
1. Confirm eligibility and the correct office
This is an application made from Spain to the Immigration Office for the province where the applicant lives. Review nationality, the family relationship, care arrangements and any existing permit or pending application first.
2. Submit EX-10 and the supporting documents
The Ministry lists in-person submission and electronic filing through Mercurio. Follow the applicable identification and representation arrangements and retain the filing receipt and complete submitted file.
3. Pay the fee and monitor notifications
The residence application uses Modelo 790, code 052, item 2.3.1. The published procedure requires payment within ten working days of submission. Check the amount on the official fee portal.
Monitor notifications and respond to any request for further documents within the deadline stated. Keep proof of each response.
4. Complete the residence-card formalities
After approval, request the Foreigner Identity Card (TIE) within one month of notification. Follow the police instructions for the appointment, biometrics and card documentation.
How long does the decision take?
The published decision period is three months, counted from the day after the application enters the competent authority’s register. If no decision is notified within the applicable period, the application may be treated as refused by administrative silence. Silence is not automatic approval.
Document preparation, requests for additional evidence and TIE appointments can affect the overall timeline. Keep the legal decision period separate from the time needed to complete every practical step.
Permit validity and work rights
An arraigo familiar authorization lasts five years and permits employment and self-employment in Spain, subject to the legal working age.
Submitting the application alone does not provide automatic provisional work authorization under this route. Check any separate work entitlement before starting employment while the application is pending.
Keep your approval, residence records and evidence of relevant changes. Before the permit expires, assess the appropriate next authorization and any eligibility for long-term residence.
Frequently asked questions
Can I apply if my stay in Spain is irregular?
An irregular stay does not, by itself, prevent this application. You must still meet the specific family category and all other requirements, including the rules on existing authorizations and pending procedures.
Does my EU-national child need a CUE before I apply?
The Valencia Immigration Office’s guidance says that the child’s EU registration certificate is not an indispensable prior condition for this application. You must establish the child’s nationality, your relationship and the relevant care arrangements. The child’s own residence formalities should be assessed separately.
What if I already hold an older arraigo familiar permit?
Review the original decision, the family member’s nationality and the permit’s expiry date before choosing the next procedure. The correct next step may differ from the rules for a new application described here.
Legal review: Francisco Javier Theuer Carmona, immigration lawyer and member of the Granada Bar Association (ICAGR 7984).
Last reviewed: 7 October 2026
Discuss your application with Nodisea
Nodisea can review the appropriate family residence route, identify gaps in the evidence, organise the application and assist with the subsequent TIE formalities.
Book a free 15-minute immigration consultation to discuss your family situation and the documents you already have.
Official sources
- Royal Decree 1155/2024, consolidated text: Articles 125–127 and 130–132; Articles 93–99 for Spanish-citizen relatives.
- Royal Decree 316/2026: April 2026 amendment, including Article 126(h).
- Ministry of Inclusion, Sheet 31: arraigo familiar requirements and procedure.
- Instruction SEM 1/2025: Seventh instruction, disability-support category.
- Valencia Immigration Office: 2026 procedural guidance: arraigo familiar section, printed pages 45–46. Read alongside the current consolidated regulation.
- Official application forms, including EX-10.
- Legalisation and translation guidance.
- Mercurio electronic submission portal.
- Official fee portal.
Share this article: Facebook LinkedIn X WhatsApp
Got questions?
Reach Out for Answers and Guidance
Book a free 15-minute consultation with our immigration advisers.
Table of contents
Got questions?
Reach Out for Answers and Guidance
Book a free 15-minute consultation with our immigration advisers.