Arraigo in Spain 2026: how many years to live

Arraigo Spain 2026: How many years to live

For arraigo, it takes at least two years of continuous stay in Spain immediately before the application is made, which is the rule of article 126, letter b, Reglamento de Extranjería: it is common to the four arraigo species and no minimum period of time is required for arraigo familia. [1]The period of 2026 was not changed. [2].

Overview of species: What is arraigo? and Arraigo species; for the parents of a child from another EU country: arraigo familiar.

"Continuing" stays and permissible departures are considered

Reglamento only requires that a person "permanecido en territo Nacional de forma continua" be at least two years before delivery [1]What is considered a breakup explains SEM 1/025: absence in Spain should not exceed 90 calendar days in two years [4]The same criterion repeats the Hoja Reference Sheet 28 [3]This is the position of the agency, and there is no number in the Reglamento text, and as the courts are concerned with this limit, we have not checked.

You can store all the trips, not look at the longest one, and we count the two-year window back from the delivery date.

The visits confirm tickets, boarding tickets, passport stamps and banking operations in other countries.

What periods are not taken into account

Not counting the time you were a complainant for international protection, and it's the only one that's directly named [1]Details:

• The time limit for the consideration of a defence application before the final decision (administrative and, if any, judicial) is not included [1];
• The applicant's status begins when you have declared your wish to seek protection, not formal application [4];
• If you refuse an application, you cease to be an applicant and the deadline begins or resumes [4];
• The time that you have to prove your data documents will not be counted in practice.

The regulation does not resolve the question of whether, in the last two years, you have had a residence permit, as in segunda reportunidad. [1]How the oicina de extrandjería combines these checks, we have no formal explanation.

What documents confirm the duration of residence

The Ministry's reference list requires documents containing your data that are better issued or registered by the Spanish administration: registration certificates for the padrón, hospitalization, admission to public medicine, any municipal, regional or public documents confirming the presence in Spain [3]. Generalitat for informe de integración calls "volant d'empadronament històric" or any other admissible evidence. [6].

If there are gaps in the registration, SEM 4/025 lists as replacement documents private personal documents: medical and educational, money transfers, billing movements, contracts and receipts for communications and electricity, lease agreement [5]Since the Padron in Barcelona is available and without a residence permit, start with: How to register as a residentI. Detailed list by type of evidence: How to collect evidence of residence.

What changed in 2026

Real Decreto 316/2026 of 14 April came into force on 16 April, with three effects on the duration of residence [2]:

• Article 126 introduced paragraph (h): you cannot apply if you have a residence permit or participate in the procedure for such a permit;
• The transitional rule of five, under which the denial of protection opened the way to arraigo after six months of illegal stay (its deadline had expired in May 2026), was repealed;
• The application for arraigo, submitted from 20 May 2026 until 16 April 2026, is now assessed on the basis of an easy criterion: sufficient time to be in Spain until 1 January 2026 and to meet the conditions of additional provision 21 [2].

Separate procedures of 2026, for applicants for international protection until 1 January 2026 and "arraigo extraordinario", received statements until 30 June 2026. [2]III. The decisions of the Tribunal Supremo of 8 and 29 July 2026 do not affect articles 125-127 [7]The Gendertat page on informe de integración, updated in September 2026, still describes the order of 20 May 2026, which is no longer valid [6][2].

Method of step application

1. Check the status of whether you have a residence permit and open procedures (art. 126, para. (h)) [2].
2. Select arraigo and collect special documents: contract for sociolaboral, confirmation of ties and funds or informe for social, confirmation of enrolment and informe for socioformativo [1].
3. Collect evidence for two years and a table of departures in that time [3][4].
4. Request a criminal record from the countries where you lived in the last five years before your entry into Spain, with apostille and a jury, and a certificate from other countries is not necessary if you have lived in Spain for the last five consecutive years: the Spanish criminal record of anicina itself is checked by the Spanish authorities. [1].
5. For social and socialformativo, ask informe de integración in advance: it is valid for six months from the date of issue [5].
6. Apply for EX-10 in the form of an EX-10 in the official form of an ecina de extrandjería or electronically via Mercury. The application for article 130.1 is made by the alien himself; the application by the representative is possible under article 197.4 (notary power or apud acta in the electronic registry or through the participants in convenio or Registro de Colaboradores); it is for the lawyer to decide whether it is necessary in your case; [1]. The supply (modelo 790, code 052) when supplied through Mercury is paid at the time of delivery (Orden PJC/617/2025, article 2.3), 10 working days are effective when delivered in person [3][8].
7. If a requerimiento has arrived, answer in the time limit that the notice has given: it does not exceed 15 days, otherwise you will be considered as having refused the application. [1].
8. Reglamento does not specify the time limit for the decision; the Ministry ’s reference lists are three months and consider silence as a refusal [3]Once approved by TIE, you must order it in person within a month. [1].

Typical errors in the calculation of the time frame

• They count from the first Padron. The period is based on actual stay, and the padrón is only one of the evidence [3].
• They're looking at the longest trip, not the amount. Three trips of 35 days already over 90 [4].
• They serve early. If two years come after a week, the week is better to wait: the condition is checked for the delivery day. [1].
• Does not include paragraph h. Open student renewal procedure blocks arraigo [2].
• They take out obsolete instructions. The transitional rule texts, fifth and until 20 May 2026, do not reflect the cancellation of 16 April [2].
• Informe is over six months old. Date of issue to be six months before delivery [5].

When Individual Review Is Needed

A simple answer "receives or not" will not be available if you have more than 90 days of absence, gaps in the padrón, past defence application, previous authorization, open expulsion proceedings or recently exhausted card. For Ukrainian citizens with temporary protection, a separate rule, additional provision 19, explicitly refers to article 125 among available procedures. As it relates to paragraph h, we have not found any explanation. The lawyer decides on your papers, not the table in the article.

What can we help you with?

The NEXO team in Barcelona is building a timeline for your stay on documents and tickets, checking h and absences, collecting documents and preparing a package; the application is made by the attorney of the proxy team or by yourself, which is defined in the contract. The deadline for the responses of the agencies is not our responsibility. Consultation, section arraigo. The entire route by steps is shown in Arraigo routeGeneral order after moving in the section Residence permit in Barcelona.

Frequent issues

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