Family Roots Residence in Spain: requirements, types and how to apply (Updated 2025)

Family roots residence (“arraigo familiar”) is one of the most requested residence permits in Spain by foreign nationals who, even if they are in an irregular situation, have direct family ties with citizens of the European Union, including Spaniards. It is a temporary residence authorization for exceptional circumstances that allows you to live and work in Spain, with the possibility of renewal or transition to another type of residence depending on your situation.
In this article, you will find the updated requirements as of May 2025, the situations in which it is granted, the necessary documentation and practical advice to make your application successful.

What is family roots residence?

Family roots residence is a residence permit under exceptional circumstances, regulated by Royal Decree 1155/2024 and Organic Law 4/2000. It is granted to foreigners who maintain direct family links with EU citizens, which justifies their stay in Spain, even if they do not meet other residency conditions.
Since the 2025 update, this authorization focuses on two main scenarios, making the process clearer and more straightforward.

Who can apply for family roots residence in 2025?

Currently, only the following cases are eligible:

• Parent or legal guardian of a minor EU/EEA/Swiss citizen
  You must prove that you live with the minor, that you are responsible for their care or that you comply with your parental obligations.
  Example: A Colombian mother with a Spanish child born in Madrid can apply for family roots residence even if she is in an irregular situation.
• Person providing support to a disabled EU/EEA/Swiss citizen
  This applies to those who assist a family member who needs support to exercise their legal capacity, living with them and being responsible for their care.
  Example: A brother who supports his sister with physical and mental disabilities, who is an EU citizen, may access this authorization if he proves cohabitation and care.

❌ Important: Marriage with a Spanish citizen, children of Spaniards by origin, and dependent ascendants or descendants are no longer included. These cases are managed through other legal channels.

Requirements for applying for family roots residence

The basic requirements are:

• Not be a citizen of the EU/EEA or Switzerland.
• Be in Spain and not be an applicant for international protection.
• Not be subject to a return ban after voluntary return to your country.
• Not pose a threat to public order, security or public health.
• Have no criminal record in Spain or in the countries where you have resided in the last five years.
• Provide proof of family link or caregiving relationship with official documentation.
• Pay the corresponding administrative fee.

💡 Practical advice: Many applications are denied for not providing sworn translations of foreign documents or for not legalizing/apostilling them. At LAITOM Abogados we make sure to review all your documentation so that it is complete and correct before submission.

Required documentation

The usual documentation includes:

• Completed and signed application form (EX–10 model).
• Valid full passport or travel document recognized in Spain.
• Criminal record certificates from the last five years in the countries of residence.

For parents or guardians of minors (EU/EEA/Swiss citizens):

• Child’s birth certificate proving kinship and nationality, or guardianship document.

For persons supporting disabled relatives (EU/EEA/Swiss citizens):

• Documentation proving disability and need for support, as well as evidence of cohabitation and care.

All foreign documents must be translated into Spanish or a co-official language and legalized or apostilled as appropriate.

Duration and effects of family roots residence

According to Royal Decree 1155/2024, these authorizations for exceptional circumstances have an initial duration of 1 year, renewable depending on the personal and professional situation. During this time, it allows you to work in Spain either as an employee or self-employed, without the need for additional procedures.
At the end of the initial period, you can apply for an extension or change to another type of residence, depending on your family and work circumstances.

Step-by-step procedure

1. Prepare documentation: gather passport, certificates and other legalized documents.
2. Submit the application:
   • In person at the Immigration Office of the province of residence.
   • Online through the electronic platform (Mercurio system).
3. Pay the fee: form 790, code 052, within 10 business days after admission of the application.
4. Resolution: the Administration has 3 months to respond. If no notification is given, the application is considered rejected due to administrative silence.
5. Fingerprinting and residence card (TIE): once granted, apply for the TIE at the relevant police station.

📌 Important: Although the legal period is 3 months, in practice it may take longer. Having legal assistance speeds up the process and avoids mistakes.

Difference between family roots and other residence types

• Family roots residence: based on family links with EU/EEA/Swiss citizens. It does not require a minimum stay and allows you to work from the first day. It does not require social service reports or proof of financial means.
• Other residence permits (social roots, socio-labour, socio-educational roots): granted after 2 years of residence in Spain, and depending on the case, require an employment contract, enrolment in an educational program, integration reports, among other requirements. They also have an initial duration of 1 year.

👉 If you meet the family requirements, family roots residence is always preferable because it is more advantageous.

Frequently Asked Questions

Do I need a job contract to apply?
No, a prior contract is not required. Once granted, you can start working.

Can I apply from outside Spain?
No, the application must be submitted while in Spanish territory.

What happens if I stop living with the person I care for?
This may affect the authorization. It is advisable to consult a lawyer before making any changes.

Summary

Family roots residence is a fast and safe way to regularize your situation in Spain when you have family ties with EU citizens. Although it is a temporary authorization, it allows you to work from the first day and opens the door to other permits in the future.
At LAITOM Abogados, we are immigration lawyers in Malaga who specialise in family-based residency and immigration law. We review your case, prepare your documentation and accompany you every step of the way to maximise your chances of success.

📞 Contact us now and take the first step towards obtaining residency in Spain.