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View Full Version : I'm illegal here in spain, what do i do now to get my permiso de residencia



jerry
03-20-2009, 03:18 PM
I'm jerry i live in spain(valencia) am from nigeria i have been living in spain for about 5years now, Am illegal here in spain, what do i do now to get my permiso de residencia?

Marta
03-20-2009, 04:12 PM
Hi Jerry,

If you are able to prove that you have lived in Spain for more than three years, you can request a type of permit called: “Permiso de Residencia por Arraigo Social”. Amongst many other requirements, you will need to have clean police records in Spain and in your home country, and have a job offer with a minimum duration period of one year. For more information on this permit please feel free to PM me.

jerry
03-20-2009, 04:43 PM
hello once again, i have a prof that i have lived here in spain for like 3years and half, and its called PADRONALMENTO, and a police report from my country and a contract of work for like one year, its that ok for me to put it for permiso de residencias?

jerry
03-21-2009, 08:43 AM
hello good morning!! i have my police report from my country and am clean from police here in spain, and i have my PADRONALMENTO for three(3) years now. And contract of a job for one year its that ok for me to put in for PERMISO DE RESIDENCIA? or do the need any other thing? Thanks!!!

Marta
03-27-2009, 04:07 PM
Hi Jerry,

Apart from the requirements already mentioned, there are many more which I am unable to list and explain in a post. In order to prepare a solid application I recommend, once more, to contact and engage the services of a local immigration lawyer.

jerry
04-03-2009, 09:08 AM
hello can anyone help me out with his question of my i won lottries and i dont have papers here in spain, and i want to buy a house here, i dont know if i buy the house will the government give me permiso to live in spain?

Patricia
09-24-2010, 02:25 PM
Hello Jerry,

The fact of owning property in Spain does not grant residency per se. You need to comply with many other requirements.

Regards,

Unregistered
03-29-2011, 02:32 PM
hi i also need help, just like jerry ive been staying here ilegally for 2 yrs now... but i have a different situation... ive been arrested and serve an orden de expulsion on my 1st year here but i didnt go home... can i still apply for arraigo after what happened? if so what are the documents i need to present and what are the things i need to do in order to apply for it!? how long do i need to be here the fact that im from the philippines... and is empadronamento really important coz i only got mine this year!? please help me... i want to know which office of yours i can ask for legal advice within marbella area? thanks more power....

Marta
04-02-2011, 11:22 AM
Hi,

The different ‘Sudelegaciones de Gobierno’ in each province follow different criteria. For example the Malaga office agrees to revoke the ‘orden de expulsion ‘when you fulfill the conditions to apply for arraigo.

Also note that every case is different and it also depends on why you received your ‘order de expulsion’. It is not the same to have received it for being illegally in Spain (in which case it would most probably be revoked) than for having committed any other offence.

Nadeem
05-27-2011, 01:00 PM
Hi Marta,

I am living in Seville, Sapin, before that I was living in Barcelona Spain from September 2007 illegally. In March 2010 I am shifted to Seville because I cant get job there and my cousin told me in Seville you can get job easily. I was register (PADRONALMENT) in Barcelona.

I have just asked from my friends in Barcelona that am I still register at your house. They told me that due to over registrations at house we have cancel your registration. I was angry but i cant do anything.

So I am not register at Barcelona. My question is that,

Will Immigration center consider my period from September 2007 to March 2010 for PERMISO DE RESIDENCIA? But I have no proof of Residence in Seville just my cousin support me. I have proof of registration from September 2007 to March 2010.

Thanks in Advance
Nadeem

Marta
05-27-2011, 07:35 PM
Hi Nadeen,

The empadronamiento is one of the ways you can prove your stay in Spain but not the only one. If you have a tarjeta sanitaria, a bank account, a telephone line or anything in your name, you will be able to use this in your aid.

Nadeem
05-28-2011, 10:27 AM
Thanks marta I got your answer,

Surprisingly I just have tarjeta sanitari but I never visited to Doctor from three years. I have used the mobile sim of my friend because when I came to Spain I have to contact my family so I remain that number from 3 years.

I am not a active person so I have nothing as a proof.

Please guide me, I lost many time and I am illiterate so i just rely on Pandronamiento.

Nadeem

Marta
06-30-2011, 07:29 PM
Hi Nadeem,

If you just have your tarjeta Sanitaria then you will need to use this as proof. Remember that in order to request arraigo you will also need to have a job offer.

Shiva
07-19-2011, 10:39 PM
Hello there,

I am also trying to apply for Arraigo Social. I'm lucky in one sense that for 2 out of the 3 years I have been fully legal, working and studying with a bank account, doctors receipts, tax return documents, contracts, ect. For my first year, however, I only have about 5 pieces of evidence: a doctors note, 2 certificates from a course, payment slip for another course and an exit/reentry stamp on my passport. For the entire 3 years I only have empadronamiento for 1.5 years. My lawyer recently told me that I need empadronamiento for all 3 years otherwise there is just no way I can apply. They told me that without it I simply don't stand a chance. I know that previously it's been stated that this is not the case, but I want to make sure that as of today's date: July 7, 2011, it is still not necessary to have empadronamiento for all 3 years.

Thank you very much, and if it's possible to contract your services in Madrid, please let me know. I went to the Lawbird website but only found an address for Malaga.

Marta
07-20-2011, 09:43 AM
Hi Shiva,

As far as I know in order to demonstrate that you have been in Spain for three years any official documents issued by the administration are valid. Unless this is a new 'internal rule' which the Subdelegación in Madrid are now requesting. All immigration offices follow the same procedure but sometimes an internal rule might be created locally. Obviously if this is the case, you will be able to contest it. Have a look at the newest reglamento: http://noticias.juridicas.com/base_datos/Admin/rd557-2011.t5.html#c1

Filipino Mom
01-15-2012, 05:37 PM
Hi! I am a resident of Spain and married to a Spanish national. I have 3 children who just came here to visit us for the holidays and have gone home to Philippines. We want to petition my children to get the National Visa and was given a list of requirements to be handed to the Spanish Consulate in Manila and the Ministerio de Extranjeros in Spain.

What I would like to know is if I need to present the original documents here in Spain and then send them all to the Spanish Consulate in Manila with the petitioned children? or do I need to fill up the forms of the Autorizacion de Residencia and then present all the original documents (birth certificate, health certificate, etc) to the Spanish Consulate?

Please advise. Thank you very much!

JIGAR
11-28-2014, 02:57 PM
if i completed 3 years in spain and i have all documents and someone will not give me contract of minimum period what i have to do to be legal in spain...

Unregistered
06-23-2015, 06:53 PM
hi, i live in spain for the last 3 years. i am registered in the city council (empadronamiento), but i am illegal. Then, I married my german girl friend and got a 5-year card. However, within 4 months of the marriage, we broke up. My question is: will my card get cancelled? Can I get a permanent residence or citizenship on that card? what is my status now?

Patricia
06-24-2015, 01:58 PM
Hello

I understand that you are not divorced but separated De facto, and therefore you are still legally married. Your family realtuinship has not changed then, until a divorce has been processed.

Once you are divorced, you are granted 6 months to notify the Immigration authorities about your new situation to change you regimen to General instead of Comunitario. If you renew your card before you are divorced you won´t need to notify it, as the new card will grant you permanent right of stay and the next card renewal won’t require you to prove your relationship with the EU citizen.

If you got divorced after 3 years of marriage and you had already lived as a resident in Spain for one year, you would be given the opportunity to shift to an ordinary salaried work and residence permit, providing you have a work contract in hand, you are a self-employed individual or you have sufficient financial resources to live without the need to work. Of course the new situation has to be informed to the Immigration authorities, and you are given 6 moths to do it since the new situation takes place, that is, since the divorce sentence has been issued. If at the time your card expires, you are already divorced, you won´t be able to provide with the required marriage certificate. This means you will be able to apply for the Long Stay residence card under regimen general (http://extranjeros.empleo.gob.es/es/InformacionInteres/InformacionProcedimientos/Ciudadanosnocomunitarios/hoja046/index.html), showing you are no longer married to the EU citizen.

If at the time of renewal you are still a registered marriage, you will be able to get a long term residence card without a problem. I recommend you to start gathering documentation about your financial situation, as the Immigration authorities are very strict in this regard lately. Also important is to have a good relationship with your ex-partner as if she does not collaborate providing with documentation from her side, you may be in trouble to renew your card ( you need to appear together in the empadronamiento ).

You can find more information on the Extranjeria section of the Ministry of Public Administration Website: Ciudadanos No Comunitarios- Modificar una autorizacion (http://extranjeros.empleo.gob.es/es/InformacionInteres/InformacionProcedimientos/Ciudadanosnocomunitarios/hoja076/index.html).


Regards,

Unregistered
06-25-2015, 01:45 PM
Hi Patricia,

Thanks,

If my regimen is changed to from Comunitario to General, will I be legal? As I said, I am not yet legal, and I hoped that after getting married, I would get documents. Though I am not yet divorced, and hope it wont be. Just in case she divorces me, then what would be my status? With General regimen, would I be legal and member of EU, just I am now?

Regards!

Patricia
06-25-2015, 02:28 PM
Hello

Yes, regimen comunitario and general ar two different immigration names to differentiate the rules that apply for the authorizations but they are both legal in terms of being authorized to reside in Spain.

You say that you are not yet legal? But you mentioned in your message you got a 5 year residence card. I am afraid your message is confusing, so please clarify so I can give you the correct advice.

If you divorce ( and you are a legal resident with the 5 year residence card as the relative if an EU citizen ), you can shift to a residence permit under regimen general; that is, you will still have a legal status but no longer considered under the ruling for those that are relatives of EU citizens.

Regards,

Unregistered
06-25-2015, 02:55 PM
At the moment, I am legal, and got a 5-year card after got married with my girl friend. But if she divorces me, which she said, then I would be illegal, right? Please note that I had been married for only 4 months now. I got married in February 2015, and just got a 5-year card one month ago, but now she says she will divorce me. In that case, what will be my status?

Patricia
06-26-2015, 01:42 PM
Hello

As soon as the divorce has been formalized you will no longer have the right to be considered a resident under regimen comunitario; you have the obligation to notify the divorce. If you do not divorce, your card is still valid.

You can only shift to regimen general if you have complete 3 years of marriage, being one of those years a legal resident in Spain.

Regards,

Unregistered
06-28-2015, 05:07 PM
Hello

As soon as the divorce has been formalized you will no longer have the right to be considered a resident under regimen comunitario; you have the obligation to notify the divorce. If you do not divorce, your card is still valid.

You can only shift to regimen general if you have complete 3 years of marriage, being one of those years a legal resident in Spain.

Regards,

Thanks Patricia,

One last question. After 3 years of marriage, I can shift to regimen general. So my question is: how long is the regimen general card? Is it also for 5 years? Do I need to have a job to renew the regimen general card?

Unregistered
07-01-2015, 05:07 PM
Patricia, Kindly reply to my last question:

After 3 years of marriage, I can shift to regimen general. So my question is: how long is the regimen general card? Is it also for 5 years? Do I need to have a job to renew the regimen general card?

Thanks!

Patricia
07-10-2015, 01:08 PM
Hello

If you completed 3 years of marriage and one of them being a resident in Spain, you will be able to shift to regimen general and the card will be valid for 2 years. After that you will have completed 5 years of legal residence and be eligible for the Long Stay Residence card.

You will be asked to provide with financial documentation at the time of renewal/long stay residence card application. If you do not have a job, you will have to show proof of savings or proof the unemployment benefit at least .

Regards,

Unregistered
08-16-2016, 06:08 PM
Hello. I'm not yet legal here in Spain. Just want to ask if I really need every month proof of stay for three years to be able to apply for permit. I don't think I have every month. Thanks

Regards,
Lyn

Unregistered
10-14-2016, 02:53 AM
HELLO, i am not yet legal here in spain ,just want to ask do you know any system 1 or 2 year ligality resident permit . i know if i stay 3 year then apply for resident its ok but i need any other option for early or any system i can apply for student or work permit visa i have just my passport and its valid 2021 but without no visa so do you fever any best option please.thank you

Unregistered
10-16-2016, 12:48 AM
If I came in as a tourist to spain from cental american how can I start apply for permiso de residencia without tie to spain

Unregistered
11-23-2016, 12:54 PM
i am amir my father spanish national my mother and sisiter hav residency card can i apply for familiar arraigo after 2 years ? normaily arriage time is 3years

hardikmiru
02-19-2017, 04:34 AM
Hi Marta Flores.

I am Hardik Patel. I have recently came to Spain and I am living here on illegal base. I have one question which makes me so confused. If you can give me advice on that i will be really thankfull to you.
I have read all forums and websites there is 2 types of "Permisode Residencia". 1. Arriago Social and 2. Arriago Laboral. In Arriago Laboral it says when you stayed permemamtly in Spain for 2 years and you have worked atleast 6 months than you can apply for the Resident Permit. With Police Criminal report and Work Inspection report. My question is when someone stays on illegal base how he can get letter from work inspection that shows he have worked for 6 month to 1 year in 2 years. That means do i need to work with contract or do i need to work legally with paying Tax and social contributions?

Please give me feedback.

I hope i will get good advice on this.

Thanking You.

Kind Regards,
Hardik Patel.

Patricia
02-20-2017, 11:27 AM
Hello Hardik

These are the requirements for the residence permit application based on Work settlement ( Arraigo Laboral ):

- To be a non EU citizen and not related to a EU citizen that resides in Spain.
- To have a clean criminal record certificate.
- Not to have an entry prohibition in Spain and not be listed as an individual that has been refused entry in other countries that have an agreement with Spain and that regard.
- Not to be committed to a non-return period of time in Spain due to voluntary return to home country, if applicable.
- To have remained in Spain, on a continuous basis, for a minimum period of time of two years. In order to be considered a continued stay, an absence of 90 days within the last two years will be considered an interrupted stay.
- A provable work relationship of no less than 6 months. To prove this, these are the documents accepted by the Immigration office:

- Court order or Conciliation settlement agreement recognizing it on the ongoing court case.
- Administrative Resolution confirming the Infraction record issued by the Work and Social Security Inspection body proving it.

As you can see from the above, for you to be eligible for this type of permit application, you must have been working at least for months and have a court case in process for irregular work situation; that is that your work place must have undergone a work inspection and you employer been fined for hiring a worker in an irregular situation.

You can´t work legally without a work permit. This type of permit is aimed to offer a solution to those individuals that have been fined for working in an irregular basis but have already been in Spain for 2 years.

I trust I have been able to answer your questions.

Regards,

DEB
03-25-2017, 02:50 PM
My name is Amit 55 years old from Mehasana District of Gujarat State, India. I am planning to come to SPAIN. As you know it is very difficult to get a VISa of SPAIN. Can you help me? Do you have any Contact. I am well educated person in English Medium and also completed TOFEL examination. How is job oopportunity in SPAIN ? I am alone, can you suggest where I can stay in SPAIN in budge after arrival in SPAIN. Please write to me.

Thank you

AMIT.
Gujarat, India

Unregistered
08-17-2017, 03:40 PM
Hi Jerry,

If you are able to prove that you have lived in Spain for more than three years, you can request a type of permit called: “Permiso de Residencia por Arraigo Social”. Amongst many other requirements, you will need to have clean police records in Spain and in your home country, and have a job offer with a minimum duration period of one year. For more information on this permit please feel free to PM me.

if i dont have a resident card is it a must to renew my registration at city hall or i can go there after three years to get a confirmation,
alot of my colleagues say i have to renew my Empadronamiento but i i did not understand why though as i still live in that same house and i am assured about that.

Patricia
08-18-2017, 03:24 PM
Hi,

You need to renew the empadronamiento every two years if you are in an irregular situation, and apply for settlement ( Arraigo Social ) after 3 years of continued stay in Spain. Once you are a resident you don´t have to renew the empadronamiento so often any more.

Regards

Patricia

Unregistered
01-16-2018, 06:12 PM
My friend will be resident in Spain for 3 years to gain the working permit discussed for people working illegally. Must she remain in Spain continuously for 3 years or is she able to leave the country for a two week visit to see family in her home country. She will still maintain the property that she resides in .

I have read most of this thread and understand a lot about what has been said but would greatly appreciate any help in answering this because she is worried about a family member.

David

Patricia
01-17-2018, 02:19 PM
Hello David

A continued stay must be proved to be able to apply for that type of permit, which means the person has established Spain as her residence country. They can be out of Spain for no more than 120 days within the three years period. Temporary absences for holidays are allowed.

Regards,

Unregistered
01-27-2018, 09:52 AM
Hello David

A continued stay must be proved to be able to apply for that type of permit, which means the person has established Spain as her residence country. They can be out of Spain for no more than 120 days within the three years period. Temporary absences for holidays are allowed.

Regards,

That is great to know I will explain this to my friend :-))

Bruno
02-09-2018, 12:49 PM
Hi, I would like to ask and to know regarding my papers in Spain. I am immigrant but 5 years ago my employer apply me for a work in Estepona last 2014 but unfortunately they went back to belgium so i left with nothing. But i have same papers here from Ayuntamiento de Estepona, ministerio de trabajo y asuntos sociales, Ministerio de Empleo Y Seguridad social, and Misterio del interior Dirección General de la Policía Cuerpo nacional de policia. I still have these papers. I’d like to ask if there’s any chance you can help me to get legalised and get a residence permit? I hope to hear from you soon, feel free to contact or call me and i hope that you will help me with these and i am willing to cooperate. Thank you!