Living in Spain

Sheet 31 - Authorization of temporary residence for exceptional circumstances. Arraigo familiar

* The content of this page is for guidance only. Only the provisions of the regulations in force at the time of submission of the application are applicable. 

Last Updated: April 2026

Index of contents 

  • Type of Authorization
  • Basic regulations
  • Requirements
  • Exigible documentation
  • Procedure

TYPE OF AUTHORISATION 

It is a temporary residence permit for exceptional circumstances that may be granted in the following cases:

  1. In the case of a father or mother, or guardian of a minor, a national of another Member State of the European Union, of the European Economic Area or of Switzerland, provided that when applying for proof of residency in the national territory, he/she is responsible for the minor and lives with the minor or is aware of his/her parent-child obligations. 
  1. Be the person who provides support to a person with a disability, who is a national of another Member State of the European Union, of the European Economic Area or of Switzerland, for the exercise of his legal capacity, provided that the applicant is his family member, is in charge of the person with a disability and lives with him.

BASIC REGULATIONS 

  • Organic Law 4/2000, of 11 January, on the rights and freedoms of foreigners in Spain and their social integration (art. 31.3)
  • Royal Decree 1155/2024, of 19 November, approving the Regulations of Organic Law 4/2000, of 11 January, on the rights and freedoms of foreigners in Spain and their social integration (articles 124 to 127 and 130 to 132).
  • Instructions DGM 8/2020 on the residence in Spain of parents, third-country nationals, of minor citizens of the Union, including Spaniards.

REQUIREMENTS 

  • Not to be a citizen of a State of the European Union, of the European Economic Area or of Switzerland.
  • Lack of criminal record in Spain and in the countries where he has resided for the last five years, for crimes existing in the Spanish legislation.
  • Not to appear as rejectable in the territorial space of countries with which Spain has signed an agreement in this regard.
  • Not to be found, where appropriate, within the period of commitment of no return to Spain that the foreign person has assumed when voluntarily returning to their country of origin.
  • Do not pose a threat to public order, safety or public health. 
  • Not to be the holder of a residence permit or to hold the status of a person interested in procedures aimed at the granting, extension, renewal or modification of residence permits.  
  • To be in Spain and not to have the status of applicant for international protection at the time of submission of the application or during its processing.

An applicant for international protection shall mean a foreign person who has made an application for international protection on which no final decision has been taken in an administrative, and, where appropriate, judicial, office.

  • No minimum stay in the national territory will be required.
  • To be the father or mother or guardian of a minor who is a national of another Member State of the European Union, of the European Economic Area or of Switzerland, provided that when applying for proof of residency in the national territory: 
  • To be in charge of the minor and to live with him, or to be acquainted with the obligations of the parents in respect of the minor.
  • Be a person who provides support to a person with disabilities who is a national of another Member State of the European Union, of the European Economic Area or of Switzerland or who requires support measures for the exercise of his legal capacity: 
  • To be in charge of the person with disabilities, or who requires support measures for the exercise of their legal capacity, and to live with them.
  • Pay the fee corresponding to the processing of the procedure.

EXIGIBLE DOCUMENTATION 

Note: in general, copies of the documents must be provided and the originals must be displayed at the time of submitting the application. 

  • Full copy of the passport, registration card or travel certificate in force, recognized as valid in Spain
  • Criminal record certificate issued by the authorities of the country or countries in which you have resided during the last five years prior to entry into Spain.
  • In the case of father, or mother or guardian of a minor who is a national of another Member State of the European Union, of the European Economic Area or of Switzerland: 
  • A birth certificate of the minor, stating the family link and the nationality of the minor, or, where appropriate, a legal document of guardianship of the minor.
  • In the case of person providing support to a national of another Member State of the European Union, of the European Economic Area or of Switzerland with a disability:
  • Documentation proving the disability of the national of another Member State of the European Union, of the European Economic Area or of Switzerland, or of the need for support measures for the exercise of their legal capacity, as well as to be in their charge and to live with it.
  • Identification document of the national of another Member State of the European Union, of the European Economic Area or of Switzerland

Important note: when documents are provided from other countries they must be translated into Spanish or co-official language of the territory where the application is submitted by an official translator.  

List of sworn translators.

On the other hand, any foreign public document must be previously legalized by the Consular Office of Spain with jurisdiction in the country in which the document has been issued or, where appropriate, by the Ministry of Foreign Affairs, European Union and Cooperation except in the case where the document has been apostilled by the competent authority of the issuing country in accordance with the Hague Convention of 5 October 1961 and unless the document is exempt from legalization under the International Convention.

Information on translation and legalization of documents. 

PROCEDURE 

  • Subject legitimated to submit the application: the foreign person personally, or his legal representative in the case of being a minor or a person with disabilities.

Information sheet on legitimated subjects. 

  • Place of presentation:
  • Presencialmente, en la Oficina de Extranjería de la provincia en la que la persona extranjera tenga fijado el domicilio.

Address information, telephone numbers and hours of service to the public. 

  • Corresponding fee: it will accrue at the time of submission of the application, and must be paid within ten working days:
  • Form 790 code 052, section 2.3.1. “authorization of temporary residence due to exceptional circumstances due to rooting”: to be paid by the foreign person.

The subscription form can be downloaded from this page.

  • Deadline for the resolution of the application: three months from the day following the date on which it entered the register of the competent body for processing. Once this period has elapsed without the Administration having made the notification, it may be understood that the application has been dismissed by administrative silence. (When it has not been possible to notify the resolution will be announced in the Single Edictal Board (TEU) . If you have opted for electronic notification or if you are legally obliged to use that medium, the resolution will be notified by publication in the electronic headquarters. If the resolution is not accessed within ten calendar days of its publication, it will be given as notified). 
  • Within one month of notification of the granting of the residence permit due to exceptional circumstances, the alien must personally apply for the alien identity card at the competent police station or police services in his/her place of residence.

The documentation to be provided in the application for the alien identity card can be consulted at the following link:

https://sede.administracionespublicas.gob.es/procedimientos/index/categoria/34