Social roots

RESIDENCE AUTHORIZATIONS DUE TO EXCEPTIONAL CIRCUMSTANCES
 
SOCIAL ROOTING
 
Foreigners who prove continuous stay in Spain for a minimum period of three years may obtain an authorization.
 
In addition, you must cumulatively meet the following requirements:
 
a) Have no criminal record in Spain and in your country of origin or in the country or countries in which you have resided during the last five years.
 
b) Have a proposed employment contract signed by the worker and the employer at the time of the application for a period that is not less than one year: Said contracts must be based on the existence of a single contract, except in the following assumptions:
    • In the case of the agricultural sector, it will be possible to present two contracts, with different employers and linked together, each of them with a minimum duration of six months.
    • In the case of activities in the same occupation, working partially and simultaneously for more than one employer, the presentation of several contracts will be accepted, all of them with a minimum duration of one year and the sum of which must represent a weekly working day of no less than thirty. hours in the global computation.
 
c) Have family ties with other resident foreigners or present a settlement report that certifies their social integration, issued by the Autonomous Community in whose territory they have their habitual residence.
For these purposes, family ties will be understood to refer exclusively to spouses or registered de facto partners, ascendants and descendants in the first degree and direct line. 
 
* The body that issues the report may recommend that the foreigner be exempt from the need to have an employment contract, as long as he or she proves that he or she has sufficient financial means.
 
In order to prove social roots, the interested party must present:
 
    • Application form on official EX-10 model in duplicate, duly completed and signed by the foreigner.
    • Complete photocopy of the passport, travel document or registration card valid for at least four months.
    • Criminal record certificate issued by the Authorities of the country or countries in which you have resided during the last five years prior to entering Spain.
    • Documentation proving the required family ties (marriage certificate or couples registry, birth certificate or other documents), or, social insertion report issued by the Autonomous Community of the applicant's habitual residence.
    • Documentation accrediting livelihoods.
    • Employment contract signed by the employer and worker.
    • Copy of the NIF and, where applicable, the company's deeds.
    • Copy of the training and, where applicable, the professional qualification legally required for the exercise of the profession.
    • Accreditation that the company guarantees the necessary solvency, through: the personal income tax, or VAT, or Corporate Tax declaration or the company's working life report (VILE). Likewise, a descriptive report of the occupation to be performed must be provided. 
If the contract is not presented, the means of living may be accredited if the municipal report on the social integration of the foreigner indicates so and recommends exempting the applicant from said requirement. In that case it is necessary to provide: 
    • Documentation that proves that you have sufficient means of life to support yourself 
    • In cases where you intend to carry out an activity on your own, the following documents must be presented: 
      • In retail commercial activities and provision of the services listed in the Annex to Royal Decree 19/2012, which are carried out in permanent establishments, whose useful surface is equal to or less than 300 square meters, responsible declaration or prior communication (under the terms of article 69 of Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations and, where appropriate, proof of payment of the corresponding tax.
      • In the rest of the activities and provision of professional services, a list of the authorizations or licenses required for the installation, opening or operation of the planned activity or for professional practice, indicating the situation in which the procedures for its implementation are found. achievement, including, where appropriate, the application certifications before the corresponding organizations.
      • Copy of the documentation that proves possession of the training and, where applicable, the professional qualification legally required for the exercise of the profession.
      • Accreditation that there is sufficient economic investment, or commitment to support from financial or other institutions. 
      • Establishment project or activity to be carried out, indicating the planned investment, its expected profitability and, where appropriate, jobs whose creation is expected. 
You may submit an assessment report issued by one of the following organizations: 
    • National Federation of Business and Workers Associations (ATA)
    • Union of Professionals and Self-Employed Workers (UPTA) 
    • Intersectorial Confederation of the Self-Employed of the Spanish State (CIAE) 
    • Organization of Professionals and Self-Employed (OPA) 
    • Union of Associations of Self-Employed Workers and Entrepreneurs (UATAE) 
 
On the other hand, every foreign public document must be previously legalized by the Spanish Consular Office with jurisdiction in the country in which said document was issued or, where appropriate, by the Ministry of Foreign Affairs and Cooperation, except in the case in which said document has been apostilled by the competent Authority of the issuing country according to the Hague Convention of October 5, 1961 and unless said document is exempt from legalization under the International Convention. 
 
Procedure 
 
Subject entitled to submit the application: the foreigner personally, or his legal representative in the event of being a minor or incapable. 
 
Place of presentation: Immigration Office of the province in which the foreigner has established domicile. Information on the address, telephone numbers and opening hours can be consulted at 
 
 
Temporary residence fee due to exceptional circumstances: it will be accrued at the time the application is accepted for processing, and must be paid within ten business days, it is: 
 
Model 790 code 052, section 2.5 “Temporary residence authorization due to exceptional circumstances”: to be paid by the foreigner. 
 
The form can be downloaded from the Internet portal of the Secretary of State for Public Service: 
 
https://sede.administracionespublicas.gob.es/pagina/index/directorio/tasa052 
 
    • Application resolution period: 3 months from the day following the date on which it was entered in the registry of the competent body for processing. Once this period has elapsed without the Administration having carried out the notification, it may be understood that the request has been rejected due to administrative silence. (When it has not been possible to notify the resolution, it will be announced on the Single Edictal Board (TEU) https://boe.es/tablon_edictal_unico. If electronic notification has been chosen or if you are legally obliged to use that means, the resolution will be notified by publication in the electronic office. If the resolution is not accessed within 10 business days from its publication, it will be considered notified). 
    • The granting of the residence authorization entails an authorization to work as an employed or self-employed person in Spain during its validity, if the accredited means of living derive from an activity as an employed or self-employed person. 
    • Within a period of one month from the notification of the granting of the residence authorization due to exceptional circumstances, the affiliation and/or registration of Social Security must be carried out, if applicable, by the same company that appears in the contract that appears in The file. Once the condition is met, the authorization will begin its validity period. 
    • In the event that the economic means do not derive from activity as an employee or self-employed person, the validity of the authorization will begin from the notification of the granting of the authorization. 
    • Within a period of one month from the notification of the granting of the residence authorization due to exceptional circumstances, the foreigner must personally request the Foreigner Identity Card, at the Immigration Office or Police Station of the province where the residence permit has been processed. authorization. To see where to go, the schedule and if you have to make an appointment, you can consult at:  
https://sede.administracionespublicas.gob.es/icpplus/
    • At the time of the fingerprint process, the applicant will show his passport or travel document or registration card to prove his identity and will provide: 
      • Application for a Foreigner's identity card, in official model (EX-17) available at http://extranjeros.mitramiss.gob.es/es/modelossolicitudes/mod_solicitudes2/17-Formulario_TIE_FEB19.pdf
      • Proof of payment of the card fee. It can be downloaded at the following Internet link: https://sede.policia.gob.es/Tasa790_012/ 
      • Accreditation of registration in Social Security. 
      • Three recent color photographs, on a white background, passport size.
    • The authorization granted will be valid for one year and upon expiration, a residence permit or a residence and work authorization may be requested.
Types of integration reports.
 
Rooting report.
 
The roots report is necessary for foreign citizens who, residing in the Community of Madrid, are going to apply to the Government Delegation in Madrid for a temporary residence authorization due to exceptional circumstances of social roots (In general, this report is not applicable in work or family roots procedures).
 
Requirements and places of presentation.
 
The foreign person must have resided in Spain for at least 3 years and be registered in the Community of Madrid at the time of processing the report request, as well as have sufficient financial means.
 
Regarding the submission of applications:
 
1. For people who reside in the municipalities of Madrid and Parla, they will preferably request the report at the registry located at c/ Manuel de Falla, 7, Madrid.
 
2. For people who reside in other municipalities, they will preferably go to their respective City Councils, who will prepare the respective report.
 
 
Integration effort report.
 
The integration effort report is issued by the Community of Madrid at the request of a foreigner who wishes to:
 
• Renew your non-lucrative temporary residence authorization
• Renew your temporary residence authorization for family reunification.
• Renew your temporary residence and self-employed or self-employed authorization.
 
This report will be presented when any of the requirements required when renewing the authorization are not met.
 
The foreign person must be registered in the Community of Madrid at the time of requesting the processing of the report.
 
To prepare the report, the active participation of the foreigner in training actions aimed at knowledge and respect of the constitutional values of Spain, the values of the Statute of Autonomy of the Community of Madrid, the values of the European Union, human rights, the public freedoms, democracy, tolerance and equality between women and men, as well as learning the official languages of the place of residence.
 
Preferably, applications will be submitted to the registry located at c/ Manuel de Falla, 7, Madrid.
 
 
 
Housing adaptation report.
 
The housing suitability report is necessary for foreign citizens who reside in the Community of Madrid and are going to appeal to the 
 
Government Delegation in Madrid (Immigration) any of the following procedures:
• Family reunification (initial temporary residence authorizations).
• Renewal of the previous ones when there is a change of address.
 
Requirements and places of presentation.
 
The foreign person must be registered in the Community of Madrid at the time of requesting the processing of the report.
 
The applicant for the report must have adequate housing that allows them to satisfy their needs and those of their family, providing legal title that enables them to use the home (property deed, lease contract or others that may be considered sufficient).
 
Regarding the submission of applications:
 
1. For people who reside in the municipalities of Madrid, Parla, Coslada or San Fernando de Henares, they will preferably request the report at the registry located at c/ Manuel de Falla, 7, Madrid.
 
2. For people who reside in other municipalities, they will preferably go to their respective City Councils, who will prepare the respective report.
 
 
Rafael Reyes Pulido