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Rooted

Foreing social rooting

What does social roots mean in Immigration? Technically, it is called a residence permit for exceptional circumstances and involves obtaining residence in response to a series of particularities and requirements that advise that it makes sense to guarantee the permanence of foreign citizens in Spain.

The applicant must irrefutably prove their permanence or continuous residence of at least 3 years in Spanish territory. This requirement is considered met if the total absences are less than 120 days.

Furthermore, not only is continued permanence important, but they must prove that during this time their integration into Spanish society has taken place.

Knowledge of the co-official language or languages, knowledge of and respect for the legal system and social norms are basic for the applicant to be considered integrated.

Obviously, for this reason you must have no criminal and police record in Spain, which we at Extranjeros Aema help you to cancel, and in your previous country(ies) of residence, as well as to comply with the payment of the fee.. Depending on the way of demonstrating social integration, we will find ourselves in one or another type of roots: work, family or social.

Differences between social, work and family roots

Social roots is the basic assumption included in the regulations whose requirements, common to the rest, are: having a favorable social report and/or proof of family ties with a resident foreigner(s) or Spanish/EU citizen who does not enter of the cases established by the Immigration Regulations for the residence of a community family member..

The rooting will be of a family nature when said ties require legal obligations in which, for example, the best interests of a minor born or born in Spain or of Spanish parents in origin, parent-child relationship, concur.

The economic means are a key aspect because for its concession they must be 250% for a family unit of 3 members. Everything related to proving family ties must be processed before thecivil registry for a birth certificate, marriage… Consequently, an employment contract is usually the most used means for this purpose, but it is possible to obtain social roots without an employment contract. .

However, sometimes the bad faith of the employer prevents the work from being carried out on a regular basis without having the legally required coverage. Under this premise, the Labor Settlement is granted to foreigners who in the last 2 years prior to their application have had an employment relationship of at least 6 months.

To do this, it will be necessary to denounce the situation, which can be resolved amicably or by going to court. Obviously, in the situation in which there is a willingness to collaborate on the part of the Company, the procedure for registering with Social Security is streamlined.

It should not be forgotten that this assumption is rare due to the high amount of penalties that the company would have to pay. In addition to the costs associated with the trial and the requirement to reliably demonstrate the employment relationship.

Social arrangement procedure

Once the fulfillment of the requirements has been verified, we will proceed with the presentation of the documents at the immigration office corresponding to the applicant’s address.

We help you in cases where additional information or documentation is required. This permit enables you to have a work authorization that with the renewal, if the employment relationship continues, will give rise to a temporary residence.

Regarding the resolution term, it is 3 months with negative silence. The validity of the residence card is one year and the employer and the foreigner must be registered with Social Security