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Two years in Spain without papers: what you can do now

With two years of continuous stay you can apply for an arraigo permit. Which one fits depending on whether you have a contract, family or training.

By — Experto en Extranjería de ResiLegal

5 min read

With two continuous years in Spain you can already apply for a residence permit through settlement (arraigo), without leaving the country and without a visa. Which arraigo fits depends on what you can provide today: a job contract, enrolment in training, or family ties and integration.

This guide sorts the options in the Immigration Regulation (Royal Decree 1155/2024, articles 124 to 132) by situation and tells you what to prepare so you do not lose months.

First: do you meet the common requirements?

Every arraigo that requires two years shares these conditions (article 126):

  • Two years of continuous stay immediately before applying.
  • Not being an applicant for international protection when filing or during processing. Time spent as an asylum seeker does not count towards the two years either.
  • No criminal record in Spain or in the countries where you lived in the five years before entry.
  • No other stay or residence permit and no other immigration procedure pending.
  • No entry ban, and the fee paid.

If one of these fails, no arraigo will succeed however good the rest of the file is.

Choose your route by what you have

What you can provide Route What it allows
Contract(s) adding up to at least 20 hours a week Arraigo sociolaboral Employed and self-employed work; provisional authorisation from admission
Close relatives with residence, or an integration report, plus financial means Arraigo social Employed and self-employed work
Enrolment in recognised training and an integration report Arraigo socioformativo Study and work up to 30 hours a week
You held residence in the last two years and did not renew Second-chance arraigo Employed and self-employed work

All last one year. Two cases do not require the two years: being the parent of a Spanish or other EU minor, and being the spouse or partner of a Spanish citizen. If that is you, see residence as the parent of a Spanish or EU child and partner or spouse of a Spanish citizen.

How to prove the two years

This is where most applications fall. Stay is proven with documents bearing your name and a date, spread across the twenty-four months:

  • Historical padrón (municipal registration) certificate. The strongest evidence and the first thing the office looks at.
  • Health card, medical appointments and reports, prescriptions.
  • Course enrolments, certificates from social organisations, your children's schooling.
  • Bank statements, money transfers, rental contracts, bills in your name.
  • Named transport passes, entry stamps in your passport.

Ideally you can show at least one item every few months, with no long gaps. Details in how to prove your stay in Spain.

What to request now, even before filing

  1. Criminal record from your country, legalised or apostilled and translated. It often takes weeks or months and has limited validity: plan the date. Full guide in criminal records, apostille and legalisation.
  2. Valid passport. If it has expired or is about to, renew it at your consulate.
  3. Integration report, if you are going for arraigo social or socioformativo: the authority has one month to issue it.
  4. The contract and the employer's documents, for sociolaboral.

If you have not reached two years yet

Do not file early: a premature application is refused and gains nothing. Use the time to:

  • Register on the padrón as soon as possible if you have not. Town halls must register anyone who habitually lives in the municipality.
  • Keep every document with your name and a date in order.
  • Train: language and vocational courses count as integration effort.
  • Avoid leaving Spain unless essential: absences can break continuity.

Common mistakes

  • Claiming asylum "to buy time". That time does not count for arraigo, and while the claim is live you cannot apply.
  • Filing with evidence only from recent months.
  • Paying for a fake contract or padrón. Submitting false documents is grounds for refusal and may have criminal consequences.
  • Letting the criminal record expire before filing.

Frequently asked questions

Do the two years run from entry or from padrón registration?

From when you have been in Spain continuously, whether you prove it with the padrón or other documents. The padrón is not compulsory as evidence, but without it you will need more paperwork.

Can I apply if I entered as a tourist?

Yes. How you entered does not bar arraigo; what counts is continuous stay and the other requirements.

What if I have an expulsion order?

It must be examined before filing: it depends on its grounds and status. That is a case to discuss in a video call with an immigration lawyer from our team.

Can I work while I wait?

Only with arraigo sociolaboral, once the application is admitted. For the others, the right to work comes with the grant.

How long does it take?

The maximum period to decide is three months from registration of the application. With no answer it is deemed refused and can be appealed.

Your next step

Answer the free test: with your entry date and what you can provide, it tells you which arraigo fits today and which will fit in a few months. And if a question comes up at eleven at night, Resi is awake.

General information: every case is different and the rules change. Check the update date.

Who writes this

Antonio F., Experto en Extranjería de ResiLegal. Every article is based on the legislation in force and on the cases we handle every day.

Meet the team

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