Arraigo familiar in Spain: requirements, documents and how to apply

What arraigo familiar is and who it suits

Arraigo familiar is one of the five types of arraigo set out in the Reglamento de Extranjería (Real Decreto 1155/2024). The permit is granted to the parent or guardian of a minor who is a national of another EU state, the EEA or Switzerland. The condition in article 127.e: you live in Spain and either provide for the child and live with them, or fulfil your parental duties [1]. The second group: a person who supports a disabled national of these countries in exercising their legal capacity, if they are a relative, provide for them and live with them [1]. Under SEM instruction 1/2025, only one relative may use the second ground [4].

The permit is issued for five years; for other types of arraigo the period is one year [1]. Overview of all types: what arraigo is in plain words and types of arraigo.

Which regime to choose: a table by the child's nationality

The child’s nationality determines the procedure. A mistake here costs months.

If you are an EU citizen yourself, your situation is governed by Real Decreto 240/2007, not by arraigo. Parents of a child with Spanish nationality: residence permit for a relative of a Spanish citizen. For a foreign child: residence permit for a child in Spain.

The Tribunal Supremo ruling of 8 July 2026 struck out the phrase in article 94.1.f requiring the parent-child relationship to be established under Spanish law. The ministry’s information sheet of April 2026, published before the ruling, still contains this phrase [7][6].

General requirements and point h

Besides the special conditions, you must meet the general requirements of article 126 [1]:

• you are in Spain and are not an applicant for international protection;
• you have no criminal record in Spain or in the countries where you lived during the last five years before entering, for offences that exist in Spanish law;
• you are not a threat to public order, security or public health;
• the fee is paid;
• you do not hold a stay or residence permit and are not involved in a procedure for one. This letter h was added by Real Decreto 316/2026 [2].

There is no minimum period of stay for arraigo familiar: article 126, letter b, expressly excludes it [1]. So it is enough to be in Spain when you apply. A parent with a valid student card or a pending renewal on another ground cannot apply until that procedure is over. Do not give up your current status until a legal professional has checked the consequences: withdrawing from a case may have consequences of its own.

Which documents you need for arraigo familiar

The ministry’s information sheet (Hoja 31, April 2026) lists the following documents [3]:

• the EX-10 application form, signed by you;
• a full copy of your valid passport;
• criminal record certificates from the countries where you lived during the last five years before entering Spain;
• the child’s birth certificate showing their relationship to you and the child’s nationality, or a guardianship document;
• an identity document of the child as a national of the EU, the EEA or Switzerland;
• proof of payment of the fee (modelo 790, código 052, item 2.3.1).

Criminal record certificates from third countries are not needed if you have lived in Spain for the last five consecutive years. The oficina checks your Spanish record itself [1]. Foreign public documents must be apostilled or legalised, and the Spanish translation must be done by a sworn translator [3]. How to get this done for documents from Russia and the CIS: apostille on Russian documents, criminal record certificate from Russia.

The law requires proof that you provide for the child and live with them, or that you fulfil your parental duties. Hoja 31 does not list such evidence, so the reasonable set below is our own suggestion: a collective registration certificate (padrón), the child’s school and medical documents, and, if you live apart, a court order on child support and payment records. What the oficina de extranjería accepts in your case is for it to decide, not us.

How to apply: step by step

1. Check the child’s nationality from their passport or ID. Being born in Spain does not in itself give Spanish nationality: it arises, for example, if one of the parents was also born in Spain, or if the law of neither parent’s country passes their nationality on to the child (article 17 of the Código Civil) [8].
2. Check letter h: make sure you do not have a card, a renewal or any other open procedure [2].
3. Order the criminal record certificates, the apostille and the sworn translation. This is the longest part, so it is best to start with it.
4. Gather evidence that you provide for the child and live together, or that you fulfil your parental duties.
5. File the application with the oficina de extranjería of the province where you live, or electronically through Mercurio. Under article 130.1 the foreign national files the application in person; filing through a representative is possible under article 197.4 (a notarised power of attorney or an apud acta power in the electronic register, or through members of a convenio or the Registro de Colaboradores); whether you need one in your case is for a lawyer to decide [1]. With electronic filing the fee is paid at the time of filing; with in-person filing, within ten working days [3][9].
6. If you receive a requerimiento, reply within the stated deadline: it is no longer than 15 days, otherwise you will be treated as having withdrawn the application [1].
7. The articles of the Reglamento set no deadline for the decision: the ministry’s information sheet gives three months, and silence counts as a refusal. After approval you must apply for the TIE in person within one month [3][1].

The permit gives you the right to work as an employee and as self-employed throughout Spain [1].

Families from Russia, Belarus, Ukraine and Kazakhstan: what to look out for

Arraigo familiar is most often needed by a family where the child has EU nationality through the other parent or by birth in another EU country, while you yourself are from Russia, Belarus, Ukraine or Kazakhstan. Check three things. First: the child has a valid passport or identity card of an EU country, because that document is what shows nationality [3].

Second: you need criminal record certificates from the countries where you lived during the last five years before entering Spain, and each must be apostilled and sworn-translated [1][3]. Third: for Ukrainians with temporary protection, additional provision 19 expressly names article 125 among the available procedures, but we found no guidance on how it relates to letter h [2].

Common mistakes

• Confusing the child’s nationality. You need an EU passport or ID as documentary proof, and being born in Spain does not make a child Spanish [8].
• Applying for arraigo familiar instead of the regime for family of a Spanish citizen. If the child is Spanish, the procedure is different and free of charge [1][6].
• Not checking letter h. A pending renewal of a student stay blocks the application [2].
• Bringing only the birth certificate. It proves the relationship, but not that you provide for the child or live together.
• Ordering criminal record certificates from the wrong countries. You need the countries where you lived during the last five years before entering Spain [1].
• Overlooking the third transitional provision. If you had arraigo familiar or an EU citizen family member card through a Spanish relative before 20 May 2025, you keep your residence as long as you meet the conditions of the regime for family of a Spanish citizen [1].

What happens after five years and when you need a lawyer

Under SEM instruction 2/2025, holders of arraigo familiar who have lived in Spain for the required time under the rules of title X of the Reglamento can apply for larga duración, that is, “permanent residence” [5]. More on the calculation: permanent residence in Spain: how to count the five years.

You need an individual review if you live apart from the child, there is no court decision on custody, the child has several nationalities, you have an old procedure or a refusal, or your status as a parent is disputed. What suits you depends on your case.

How we can help

The ReloVictory team determines which regime applies based on the child’s nationality, checks letter h, helps gather documents from Russia and the CIS and prepare them for filing, and puts the file together; the filing is done by the team’s lawyer under a power of attorney or by you, as set out in the contract. We are not responsible for how long the authorities take to reply. To book: consultation, section arraigo. The whole route step by step is in the arraigo route card, and family regimes in the family route card. The general procedure after moving: residence permit in Barcelona.

Frequently asked questions

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ReloVictory · Sources reviewed 02.10.2026 · Not a substitute for individual legal advice.