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Immigration Lawyers Spain Peralta Rojas Abogados · Online

Arraigo familiar in Spain: who qualifies under the new regulations and how we apply online

Spain's residence route through family ties (arraigo familiar) changed in May 2025. It now covers parents and guardians of children from another EU country, and relatives who support an EU national with a disability. We check whether your case fits here or under the separate permit for relatives of Spanish nationals, and we file the application electronically.

At a glance

03.10.2026
Previous time in Spain
No minimum stay required
Length of permit
5 years
Work
Employed and self-employed, anywhere in Spain
Decision period
3 months; no reply means refusal
Form
EX-10, fee form 790 code 052

01What it is and who it is for

Arraigo familiar is a temporary residence permit granted on exceptional grounds to people who are in Spain without legal status but have a family link here that the law protects. It is set out in Article 127.e) of Royal Decree 1155/2024, the Immigration Regulations that came into force on 20 May 2025 and replaced Royal Decree 557/2011.

Much of what you may read online about arraigo familiar is out of date. Under the old rules it was the route for parents of Spanish children and for children of a parent who was Spanish by origin. The new regulations moved both groups into a dedicated permit for relatives of Spanish nationals (Articles 93 to 99): parents of a Spanish child now apply under Article 94.1.f) and children of a Spanish-born parent under Article 94.1.h).

Arraigo familiar now covers two situations only. You are the mother, father or legal guardian of a child who holds the nationality of another EU country, the European Economic Area (Norway, Iceland, Liechtenstein) or Switzerland. Or you are the relative who supports a person with a disability of one of those nationalities in exercising their legal capacity. It is the only arraigo route with no minimum period in Spain, and the only one granted for five years rather than one.

02Requirements

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03Documents

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04How we handle it online

  1. Case review

    We look at the child's or relative's nationality and at your situation. First we check whether you would be better served by the permit for relatives of Spanish nationals or by the EU family member regime.

  2. Document checklist

    You receive an exact list of documents, including which foreign certificates need an apostille and a sworn translation.

  3. Evidence check

    We make sure that living together, custody or support obligations are properly evidenced, which is where most requests for further information arise.

  4. Online filing

    We file the application on your behalf through the government's Mercurio platform with the immigration office for your province. You do not need to book an appointment.

  5. Follow-up

    We monitor the file, answer any request for missing documents within the deadline and tell you the outcome.

  6. After approval

    We explain how to book the appointment for your foreigner's identity card (TIE) and what to bring.

05Timescales and validity

The authorities have three months to decide from the date the application is registered. If no decision is notified within that time, the application is treated as refused (negative administrative silence) and you can appeal.

The permit is granted for five years and allows you to work as an employee or self-employed anywhere in Spain. It can be extended in the two months before it expires, or within three months afterwards with a possible fine, provided the family situation behind it continues. Five years of continuous legal residence can also lead to long-term residence.

06Do I need to attend anything in person?

We file the application electronically. You need to attend in person once: after approval you have one month to apply for your TIE at the police station or immigration office that covers your address, where your fingerprints are taken. Criminal record certificates from your home country can often be obtained remotely, but that depends on the country.

07Common mistakes and reasons for refusal

  • Applying for arraigo familiar as the parent of a Spanish child. Since May 2025 the correct route is the permit for relatives of Spanish nationals, and the wrong form leads to refusal.
  • Failing to prove that you live with the child, or that you meet your obligations if the parents are separated.
  • Applying while still an asylum applicant. Whether to withdraw the asylum claim must be assessed first.
  • Having another immigration application still open. Since Royal Decree 316/2026 you cannot apply for arraigo while another procedure is pending.
  • Criminal record certificates without an apostille or legalisation, without a sworn translation, or out of date.
  • In the disability route, not showing that you are the person who provides support and that you live together.

08Frequently asked questions

My child is Spanish. Is arraigo familiar the right route for me?

No. Since 20 May 2025 parents of Spanish children have their own permit as relatives of a Spanish national (Article 94.1.f of the regulations). It also lasts five years and allows you to work. In July 2026 the Supreme Court struck out the requirement that the parent and child relationship must have been established under Spanish law.

My father was Spanish by origin. Can I apply for arraigo familiar?

Not under this route. Children of a parent who is or was Spanish by origin now apply under Article 94.1.h), within the permit for relatives of Spanish nationals. It is also worth checking whether you can claim Spanish nationality, which is sometimes the better option.

How long do I need to have lived in Spain?

There is no minimum. This is the only arraigo route without one. You must be in Spain when you apply and must not be an asylum applicant.

My son is Italian but does not live with me. Can I still apply?

Yes, if you are up to date with your obligations towards him, such as maintenance payments and contact arrangements. What matters is being able to prove it with documents.

Can I work with this permit?

Yes. Once granted, it allows you to work as an employee or self-employed anywhere in Spain and in any sector for the full five years. There is no provisional right to work while the application is pending.

What if my application is refused?

You can file an administrative appeal for reconsideration (recurso de reposición) within one month, or go to the administrative courts within two months of notification. We review the grounds and tell you plainly whether an appeal or a fresh, better-documented application makes more sense.

09Legal basis

  • Royal Decree 1155/2024, Articles 124 to 126, 127.e), 130, 131 and 132
  • Royal Decree 1155/2024, Articles 93 to 99 (relatives of Spanish nationals)
  • Royal Decree 316/2026 of 14 April, amending Royal Decree 1155/2024
  • Organic Law 4/2000, Article 31.3
  • Secretary of State for Migration Instructions 1/2025, seventh instruction
  • Supreme Court judgment of 8 July 2026 (BOE-A-2026-19632)

Information reviewed on 03.10.2026 against the law in force. This page is for general information and is not a substitute for advice on your own case.