Arraigo sociolaboral in Spain: 20 hours contract and work

What is arraigo social and who it fits

Arraigo sociolaboral is one of five types of arraigo, i.e., residence permits for those already in Spain, based on article 127.b Reglamento de Extranjería (Real Decreto 1155/2024) [1]A person who has an employer and a specific offer but no right to work is suitable: the contract becomes a "foundation" that replaces the visa. Arraigo species.

The general conditions of article 126 are the same as those of other types: two years without interruption before submission, clean certificates, paid fees and, since 16 April 2026, the absence of another residence permit and its open procedure [1][2]How to count two years: How many years do you have to live for arraigo?III. The decisions of the Tribunal Supremo of 8 and 29 July 2026 did not repeal articles 127.b and 130.5 [6].

What kind of contract is needed for arraigo social

Article 127.b sets three parameters of the contract: wages, workload, number of contracts [1].

SMI 2026: 1,221 I per month for 14 payments, i.e. 17,094 I per year for full employment. 20 hours count as a share of the full rate of your contract, and if convenio pays more than SMI, the target is conveio. [1].

Arraigo sociolaboral cannot be obtained through self-employment: Article 127.b does not allow such activity, this confirms the instruction SEM 1/2025 [3]There are other grounds for self-employed persons, such as social arraigo, in the implementation of article 84: arraigo social.

What the employer must accomplish

Article 127.b refers to article 74 and the instruction specifies that two conditions are envisaged: the employer fulfils tax obligations and obligations to the Seguriidad Social and has economic, material or human resources for the project and the obligations under the contract [1][3]IRF, IRF, IVA or profit tax, or the company ’s employment report (VILE) [4].

Check before signing the actual place of work, schedule and ability of the employer to pay. Two formally suitable contracts may not be combined by change, and a contract that cannot be performed is not helpful. Do not buy an "arraigo contract": if a permit is obtained by forged or forged documents, it may be terminated (art. 200.2.b) [1]What is the treaty as a whole: Employment contract in SpainThis article is useful to the employer. The employer employs an alien.

Can work while the application is being considered

Yes, but not from the time you pressed "send." Since 16 April 2026, article 130.5 states that when the application under article 127.b is admissible and pending a decision, the applicant is temporarily entitled to live and work, and the notice of commencement of the examination must state that [1][2]So, the job should start after receiving such a notice, not on a fee receipt or on a filing screen.

What would become of temporary law if a case was dismissed would not be expressly stated in article 130.5. [1][2]We didn't find a point for sociolaboral, so it's better to tell the employer what to do at the moment, and what to do with the job after the refusal is decided by a lawyer.

Documents for submission

Ministry reference sheet [4]:

• EX-10 form and full copy of the passport;
• The following two years in Spain: proof of residence;
• Certificate of independency from the countries of residence five years before entry into Spain, with apostille and a jury [4][5];
• A contract or contracts signed by the employer and the employee;
• Employers ’ documents: NIF, company charters, proof of payment;
• The Spanish legal system is the first to be established by the Spanish State. [4].

Modelo 790, code 052, paragraph 2.3.1: when electronically delivered via Mercury, it is paid at the time of delivery (Orden PJC/617/025, article 2.3), 10 working days are effective at face-to-face delivery (article 2.5) [4][7]The application under article 130.1 shall be made by the alien himself; the application by the representative may be made under article 197.4 (notary power or apud acta in the electronic registry, or through the participants in the convenio or Registro de Colaboradores); whether the request is required in your case, it is decided by the lawyer. [1]. Reglamento does not specify a deadline for the decision; the ministry's reference sheets call three months and consider silence to be a waiver [4].

Action on steps

1. Check two years of stay and no other authorization or procedure [1][2].
2. Agree with the employer on the contract: hours, payment, time and date of commencement.
3. Order accusatory and jury reports, collect confirmations of stay.
4. Give EX-10 to your province and pay the fee: on electronic delivery at the time of delivery [4].
5. Wait for the notice of the commencement of the examination with a provisional right to work, and only after that do you go to work [1].
6. After the decision, the employer will make you available to the Seguridad Social within a month, otherwise the permit will not come into effect. [1].

What happens after the first year

The permit is valid for a year. [1][2]. Second possibility: change of status to the usual residence and work permit under article 191; the reference list of the Ministry directly calls it at the end of the sociolaboral [4]If the work and conditions are the same and the requirements of article 80 are met, a new permit may be granted, with a favourable decision, for a period of four years. [1]Whether this is the way, depends on the contract and the income, and the years later, the MJP thinks: How to count five years.

Typical Errors

• They start working before they get notified. The law arises from acceptance rather than dispatch [1].
• The contract is less than 20 hours or for up to 90 days. Conditions by hour and deadline not fulfilled [1][3].
• Two jobs with the same shifts. On paper, hours are added, contracts cannot actually be executed.
• No employer's papers. Without confirmation of tax and social payments and capacity to pay, the package is not complete [3][4].
• The employer has not processed the alta. No permit shall enter into force without registration within one month [1].
• They take instructions until April 2026. They don't know about the temporary right to work under article 130.5 [2].

When Individual Review Is Needed

If the contract is fixed-term and short, the employer has just started a business, you have multiple jobs, regulated or run through a platform, not through a contract, and you need to evaluate the contracts and the employer by a lawyer before signing, and we don't make a determination on specific cases: check with a lawyer or a gestor.

What can we help you with?

The NEXO team in Barcelona is checking the employer's contract and documents with article 127.b and preparing a stay history and a package. Consultation; general scheme in Arraigo route.

Frequent issues

Related materials

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