Living in Spain Without a Residence Permit: Legal Options in 2026

By Nodisea Legal Team·February 6, 2026·6 min read

Updated: 15 October 2026

If you are living in Spain without a valid residence permit, you may still have a legal route to residence. The right route depends on your time in Spain, previous permits, family relationships, employment and personal circumstances. An expired visa or an irregular stay does not, by itself, establish eligibility for a particular permit.

This guide reflects the Spanish immigration rules in force in October 2026.

Which arraigo route might apply?

Most arraigo routes require at least two years of continuous presence in Spain. Absences during that period must not exceed 90 days. Time spent as an applicant for international protection while the application is pending generally does not count towards this period. Arraigo familiar is an exception to the two-year requirement.

Arraigo sociolaboral: you have a qualifying job offer

This route requires one or more signed employment contracts amounting to at least 20 hours a week in total. Pay must meet the applicable minimum wage or collective agreement in proportion to the hours worked, and the employer must meet the relevant requirements.

Past work for six months is not, by itself, the requirement for arraigo sociolaboral. Where someone has worked in an irregular situation, a separate route involving cooperation with the labour authorities may be relevant in specific, properly evidenced cases.

Arraigo social: family ties or social integration

This route may apply where the applicant has qualifying ties to a legally resident family member and sufficient financial means. Where those family ties cannot be shown, a favourable social integration report may establish the required integration. The financial evidence must also meet the rules for the particular case; self-employment is possible in certain circumstances.

A job offer is not a universal requirement for arraigo social. If the application relies on an employment contract, arraigo sociolaboral may be the route to assess instead.

Arraigo socioformativo: qualifying education or training

This route combines the required period in Spain with enrolment in, or a commitment to undertake, one of the training programmes permitted by the regulations. A social integration report is also required. The residence authorisation normally lasts one year and, once granted, permits employed work for up to 30 hours a week, subject to the applicable pay requirements.

Not every course qualifies, so check the precise programme before enrolling for immigration purposes.

Arraigo de segunda oportunidad: you previously held residence

This route may apply if you held a residence authorisation other than one granted for exceptional circumstances during the two years before applying and it was not renewed for reasons that meet the regulatory conditions. Merely having overstayed a tourist visa does not meet this requirement.

What if you have a Spanish or EU family member?

Arraigo familiar now covers specific situations involving, principally, the parent or guardian of a minor citizen of another EU, EEA or Swiss state, or a qualifying relative supporting such a citizen with a disability. It does not require two years of prior presence in Spain.

A qualifying parent, spouse or other family member of a Spanish citizen should instead check the separate residence authorisation for family members of Spanish nationals. Depending on the family relationship, a relative of another EU citizen may fall under the EU family member rules. These routes have different conditions, forms and filing procedures; they should not be treated as one interchangeable permit.

Other exceptional residence routes

Residence on humanitarian grounds

Some people in an irregular situation may qualify for residence on specific humanitarian grounds. These include certain crime-related circumstances, serious illness arising in Spain that meets the regulatory conditions, or situations where travelling to the country of origin or provenance to apply for a visa would endanger the applicant or their family.

Each ground has specific conditions and evidence requirements. Check the Ministry’s guidance on humanitarian residence.

Residence and work authorisation for victims of gender-based violence

Foreign women who have experienced gender-based violence in Spain may qualify for a specific residence and work authorisation, regardless of their immigration status. Provisional and definitive authorisations have different conditions and evidence requirements.

Check the Ministry’s guidance for foreign women who are victims of gender-based violence. This route requires its own legal assessment.

What documents and steps should you expect?

Identify the correct route first. Check your dates in Spain, any absences, previous residence authorisations, pending applications and family or employment evidence.
Prepare the documents required for that route. Arraigo applications commonly involve a valid full passport, proof of presence in Spain and, where required, criminal record certificates from relevant countries of previous residence. Foreign public documents may need an apostille or legalisation and a sworn translation. The Immigration Office checks the Spanish criminal record through the official register.
File through the appropriate procedure. Arraigo generally uses form EX-10 and is filed with the relevant Immigration Office or electronically through Mercurio. The residence procedure for a family member of a Spanish citizen uses EX-24 and has its own rules about who can apply from Spain.
Check the decision and next steps. The ordinary decision period for arraigo is three months; a lack of notification after that period can be treated as a refusal for the purpose of administrative silence. After approval, the applicant must request the foreigner identity card (TIE) within one month. In an arraigo sociolaboral case, the effectiveness of the approval is also tied to Social Security registration within the applicable period.

What happened to the extraordinary regularisation in 2026?

Spain’s extraordinary regularisation process had a separate application window, which ended on 30 June 2026. It should not be confused with the ordinary arraigo routes described above. Someone who did not apply during that window should have their current options assessed individually.

Need help choosing the right route?

At Nodisea, we can review your immigration history and documents, identify the route that fits your circumstances and assist with the application. Book an immigration consultation to discuss your case.

Legal review: Francisco Javier Theuer Carmona, immigration lawyer and member of the Granada Bar Association (ICAGR 7984).

Last reviewed: 15 October 2026