Arraigo familiar in Spain: conditions, documents, procedure for submission

What is arraigo familiar and who it fits

Arraigo familiar is one of the five types of arraigo that is allocated to Reglamento de Extranjería (Real Decreto 1155/2024), the parent or guardian of a minor citizen of another EU State, EEA or Switzerland. [1]. the second group: the person who helps to realize the legal capacity of the citizen of these countries with a disability, if he keeps it and lives with him <x id="8" / id . the second, the second, the consular period of the transfer of the state citation does not cover the last 12 years of the contract , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Third, if you choose additional services yourself. [1]According to SEM 1/2025, only one relative can use the second ground [4].

Authorization is granted for five years, for other arraigo species one year [1]II. Overview of all types: What is arraigo in simple words and Arraigo species.

What mode to choose: the table on child citizenship

The child's citizenship determines the procedure. The error here is worth months.

If you are an EU citizen yourself, your situation is regulated by Real Decreto 240/2007, not arraigo. Residence permit for a relative of a Spanish citizenFor a foreign child: a residence permit for a child in Spain.

The Judicial Decision of the Tribunal Supremo of 8 July 2026 reversed the phrase in article 94.1.f that the relationship between the parent and the child must be established under Spanish law. [7][6].

General conditions and paragraph (h)

In addition to special conditions, the general requirements of article 126 must be met [1]:

• you are in Spain and are not listed as an applicant for international protection;
• You have no criminal record in Spain or in the countries where you have lived for the last five years before entry, according to the Spanish law;
• You do not pose a threat to public order, safety or health;
• The duty is paid;
• This paragraph h added Real Decreto 316/2026 [2].

No minimum period of stay for arraigo familiar: article 126, letter b, expressly excludes [1]It is sufficient to be in Spain at the time of submission, so that a parent with a valid student card or open extension on another basis may not file until such procedure has been completed, and do not relinquish the status until the lawyer has checked the consequences: the dismissal may have some consequences.

What documents are needed for arraigo familiar

Ministry's Reference List (Hoja 31, April 2026) calls such a set [3]:

• a statement on EX-10 form, signed by you;
• A complete copy of the current passport;
• Criminal record reports from the countries where you lived the last five years prior to your entry into Spain;
• A child ’s birth certificate, which indicates the link with you and the child ’s nationality or custody document;
• Document identifying the child, EU citizen, EEA or Switzerland;
• - a certificate of duty (modelo 790, code 052, paragraph 2.3.1.).

A third-country criminal record is not needed if you have been living in Spain for the last five years in a row. [1]Foreign public documents must be apostille or legalized and translation into Spanish must be made by a juror [3]How to collect this for documents from Russia and the CIS: apostille on Russian documents, certificate of indecent conviction from Russia.

The law requires you to prove that you are maintaining a child and living with it or that you are fulfilling parental duties. It's not us.

How to Pick Up: Order by Steps

1. Check the child ’s citizenship by passport or ID. The birth in Spain does not give Spanish citizenship in itself: it arises, for example, if one of the parents is born in Spain, and if no parent has a child ’s nationality transferred by law (art. 17 Códigio Civil) [8].
2. Check item h: do you have a card, extension or other open procedure [2].
3. Order a criminal record, apostille and a jury transfer.
4. Collect evidence of child maintenance and of living together or of parental responsibilities.
5. Apply to the region where you live or electronically via Mercury. Article 130.1 is submitted by the alien himself; the application by the representative is possible under article 197.4 (notarized power or apud acta in the electronic registry or through members of the convenio or Registro de Colaboradores); it is for the lawyer to decide whether or not it is necessary in your case. [1]I'm paid on the electronic application at the time of delivery, at the time of the 10 working days ’ face time [3][9].
6. If the requerimiento comes, answer within the said time limit: it does not exceed 15 days, otherwise you will be considered as having refused the application. [1].
7. The deadline for the decision is not specified in the articles Reglamento: the Ministry's reference list indicates three months, silence is considered as a waiver. Once approved by TIE, order in person within one month [3][1].

The permit gives the right to work independently and independently throughout Spain [1].

Families from Russia, Belarus, Ukraine and Kazakhstan: What to Look at

The most common need is arraigo familiar, where the child has EU citizenship through a second parent or by birth in another EU country, and you yourself are from Russia, Belarus, Ukraine or Kazakhstan. Check three things. First, the child has an existing passport or a EU country card because it is the document that shows citizenship. [3]. Second, criminal records are required from countries where you lived in the last five years before entering Spain, and each must pass an apostille and sworn translation. [1][3]Third: For Ukrainians with temporary protection, additional provision 19 explicitly refers to article 125 among available procedures, but how it relates to paragraph h, we have not found any explanation [2].

Typical Errors

• The child's citizenship is on the run. The EU passport or ID is required to document, and the Spanish birth does not make a Spanish child. [8].
• They serve arraigo familiar instead of the Spanish family. If the child is Spanish, the procedure is different and free of charge. [1][6].
• Not check item h. Open student stays are blocking the application [2].
• Only the birth certificate is provided. It confirms the connection, but not the child's maintenance or the life together.
• They're ordering criminal records from the wrong countries. We need the countries where you lived in the last five years before you entered Spain. [1].
• The third transitional provision is not taken into account. If you had an arraigo familiar or a family card of an EU citizen in connection with a Spanish until 20 May 2025, you will keep the residence while you meet the conditions of the Spanish family. [1].

What happens after five years and when you need a lawyer?

According to the instruction SEM 2/2025, the owners of the Arraigo Familiar who have lived the right time under the rules of section X Reglamento may request larga Duración, i.e. "JMC" [5]More detailed on the calculation: PMTCT in Spain: How to count five years.

You need an individual review, if you live with a child separately, there is no court decision on custody, there are several nationalities, you have an old procedure or a refusal decision, or your parent status is controversial. Which is appropriate for you, depending on the case.

What can we help you with?

The NEXO team determines which regime is appropriate for the child's citizenship, checks item h, helps to collect and prepare documents from Russia and CIS countries and prepares a package; the application is made by the attorney of the proxy team or by yourself, it is defined in the contract. The deadline for the responses of the departments is not answered. Consultation, section arraigo. The entire route by steps is shown in Arraigo route, and the family regimes in Family questionnaireII. General arrangements after relocation: Residence permit in Barcelona.

Frequent issues

Related materials

The source is viewed on 02.10.2026 · NEXO · Drafting Draft · Sources do not replace individual legal advice.