LAWS REGULATING SOCIAL EMBEDDEDNESS
- Organic Law 4/2000 of January 11, on Rights and Freedoms of Foreigners in Spain and their social integration (art . 31.3)
- Regulation of the Organic Law 4/2000, approved by Royal Decree 557/2011, of April 20 (Articles 62 to 66 and 123 to 130 )
- Royal Decree Law 19/2012, of 25 May, on urgent measures to liberalize trade and certain. Law 30/1992 of November 26 on the Legal Regime of Public Administrations and Common Administrative Procedure.
Type of residence to get with social embeddedness
It is a temporary residence permit for exceptional circumstances which may be granted to foreign citizens who are in Spain and either has family ties in Spain or is socially integrated.
Requirements to get the Social Embeddedness Residence Permit
1. Not to be a citizen of a State of the European Union, the European Economic Area or Switzerland, or family of citizens of these countries, who would be applying for the system of citizen of the Union.
2. No criminal record in Spain and previous countries of residence for offenses under Spanish law.
3. Not to be prohibited from entry into Spain and not to appear as reprehensible in the territorial space of countries with which Spain has signed an agreement to that effect.
4. Not to be found, where applicable, within the period of commitment of not returning to Spain that the foreign person has made when returning voluntarily to his or her country of origin
5. Having remained a continuing basis in Spain for a minimum period of three years. It means continuous stay if absences have not exceeded 120 days.
6. Having Family ties (spouse or registered partner, ascendants or descendants in the first degree and direct dial) with other foreign residents or Spanish , or a report attesting to their social integration issued by the Autonomous Community (or municipality if the Autonomous Community has authorized), in which he has his habitual residence. In case the report has not been issued within 30 days, a circumstance that will have to be duly accredited by the applicant, this requirement may be justified by any evidence allowed by law.
7. Having an employment contract signed by the worker and employer, for a period not less than one year. The company or employer must be registered in the Social Security and have to be familiar with their tax obligations and Social Security. The company shall also ensure continuous activity; have economic or personal means, materials to meet their business project and the obligations under the contract. If it is an individual person, he or she must prove, after deducting the payment of the agreed salary, 100% of the IPREM if there are no dependents (532.51 euros per month in the year 2015). If the household includes two members, 200% (1065, 02 euros in the year 2015).
If the household includes more than two people, it must be added to the amount above, the 50% of the IPREM for each additional member (1065.02 + 266.26 euros). In the agricultural sector, it may be submitted two contracts with different employers and concatenated, with a minimum duration of six months for each of both. The presentation of several contracts is also supported in the same occupation, working simultaneously for more than one employer , all minimum duration of one year and whose sum must represent a working week not less than 30 hours in aggregate. In the case it is established that there are sufficient financial resources or that they derive from self-employment, and whenever recommended by the social integration report issued by the Autonomous Community, it may be exempted from submission of the contract.
DOCUMENTS TO BE SUBMITTED:
Note: it must be presented copies of documents and display the originals at the time of application.
- Application form on the official version (EX -10) in duplicate duly completed and signed by the foreigner.
- Complete copy of the passport, travel document or registration certificate valid for at least four months.
- Proof of continuous stay in Spain for a minimum period of two years. The documentation provided should contain information identifying the applicant; it should preferably have been issued and / or registered by a Spanish Public Administration. For example, the registration documents will be considered at a hospital, a medical consultation in public health, and any municipal, regional or state documentation supporting the presence in Spain.
- Criminal record certificate issued by the authorities of the country or countries where it has resided for the last five years prior to the entry into Spain.
- Proof of family ties required (marriage certificate or registered partnership, birth certificate or other documents), or social insertion report issued by the Autonomous Community of the habitual residence of the applicant.
- Proof of livelihood: - Employment contract with the required characteristics, signed by the employer and worker. They must also submit the following documents:
- Copy of NIF and, where appropriate, of the writings of the company.
- Copy of training and, where appropriate, the professional qualifications legally required for the exercise of the profession.
- Proof that the company guarantees the necessary solvency through: the tax declaration or VAT or corporate income tax or the report of the working life of the company (VILE ) .
It should also be provided a report describing the occupation to perform. - In case of not submitting the contract, it may be credited livelihoods components if the municipal report on the social integration of foreigners confirms it and recommends the exemption of this requirement. In this case, it is necessary to provide:
· Proof of sufficient means to support themselves
· If self-employed person, it must be submitted the following documents:
a) Retail trade activities and provide the services listed in the Annex to Royal Decree Law 19/2012, which are made in permanent establishments, whose effective area is equal to or less than 300 square meters, prior notification or sworn statement ( in terms of Article 71.bis of Law 30/1992 ) and, where appropriate, evidence of payment of the tax. In all other activities and performance of professional services, relationship of authorizations or licenses required for installation, opening or operation of the planned or for professional practice, indicating activity, the situation in which they find the procedures for achievement, including, where appropriate, the certification application to the appropriate agencies.
b) A copy of the documentation proving own training and , where appropriate , the professional qualifications legally required for the exercise of the profession.
c) Proof of sufficient economic investment or commitment of support from financial institutions or other.
d) Establishment project or activity to be performed, indicating the planned investment, its expected profitability and, where appropriate, jobs whose creation is foreseen.
Important note: all foreign public document must first be legalized by the Consular Office of Spain with jurisdiction in the country where the document was issued and the Ministry of Foreign Affairs and Cooperation except that the document has been apostille by the competent authority of the issuing country according to the Hague Convention of October 5, 1961 and unless the document is exempt from legalization under International Convention.
Information on the procedure of Social Roots
- Subject entitled to file the application: the foreign person, or his legal representative in the case of being underage or incompetent
- Place of presentation: Aliens Office of the province in which the alien has fixed home. The address information , telephone numbers and opening hours the public can be consulted on: http://www.seap.minhap.gob.es/servicios/extranjeria/extranjeria_ddgg.html
- Rate of temporary residence for exceptional circumstances: will accrue at the time of admission of the request, and must be paid within ten working days; is: o Model 790 code 052, section 2.5 " temporary residence permit for exceptional circumstances " payable by foreign person .....................36,78 euros. The forms for the payment of fees can be downloaded from the page: www.seap.minhap.gob.es/es/servicios/tasas.html
- Term resolution of application: 3 months from the day following the date on which it came registry entry of the competent body for processing. After that time if the Administration has not practiced the notification, it will be understood that the request has been rejected by administrative silence. (When not been able to notify, the decision will be announced on Aliens Resolutions Edictal TEREX ) http://explotacion.mtin.gob.es/terex/busqueda.do.After 20 calendar days from the publication of the notice it means that the resolution has been notified, with that procedure fulfilled and the process is continued).
The granting of residence permit, entails a work or self-employed permit in Spain during the term of the former, if the means of livelihood submitted are derived from an empleoyed or self- employed activity. Within one month of the notification of the granting of residence permits in exceptional circumstances, the affiliation and/or registration in the Social Security must be done by the same company as set out in the contract work on the record. Fulfilled the condition, the authorization will begin its term. In the event that the financial means are not derived from paid or self employment, the validity of the authorization will start from the notification of the granting of the authorization.
Within one month of the notification of the granting of residence permits in exceptional circumstances, the foreigner must apply personally Identity Alien Card in the Aliens Office or in the Police of the province where the authorization is processed. To see where to go, the schedule and if you have to make an appointment, you may consult: http://www.seap.minhap.gob.es/servicios/extranjeria/extranjeria_ddgg.html
The applicant will exhibit at the time of processing fingerprint, the passport or travel document or registration certificate to prove their identity and will provide:
1. Request Foreign identity card , on the official form (EX -17) available in http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/
2. Proof of payment of the rate card amounts to 15.45 euros
3. Certificate of Registration in the Social Security
4. Three recent colour photographs, white background, card size. The authorization will be valid for one year and may be requested term residence permit or a residence permit and work.
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