Arraigo sociolaboral in Spain: contracts from 20 hours and work rights

What arraigo sociolaboral is and who it suits

Arraigo sociolaboral is one of the five types of arraigo, that is, a residence permit for exceptional circumstances for people who are already in Spain. Legal basis: Article 127.b of the Reglamento de Extranjería (Real Decreto 1155/2024) [1]. It suits someone who has an employer and a specific job offer but no right to work: the contract becomes the “ground” that replaces a visa. Comparison of all types: types of arraigo.

The general conditions of Article 126 are the same as for the other types: two years without interruption before applying, clean criminal records, the fee paid and, from 16 April 2026, no other stay or residence permit and no open procedure for one [1][2]. How to count the two years: how many years you need to live in Spain for arraigo. The Tribunal Supremo judgment of 8 July 2026 and the Auto of 1 September 2026 did not annul Articles 127.b and 130.5 [6].

What contract you need for arraigo sociolaboral

Article 127.b sets three contract parameters: pay, working hours and number of contracts [1].

The SMI for 2026 is €1,221 a month over 14 payments, i.e. €17,094 a year for full-time work. For 20 hours, the share of full time under your contract is calculated, and if the convenio pays more than the SMI, the convenio sets the benchmark. The arithmetic depends on the standard working week, the hours and the number of payments, so it is best to work out the figure for your contract with a gestor before signing [1].

Arraigo sociolaboral cannot be obtained through self-employment: Article 127.b does not allow this activity, as SEM Instruction 1/2025 confirms [3]. For self-employed people with income there are other grounds, for example social arraigo if Article 84 is met: arraigo social.

What the employer must comply with

Article 127.b refers to Article 74, and the instruction specifies that two conditions are meant: the employer meets its tax and Seguridad Social obligations, and it has the economic, material or human resources for the project and the obligations under the contract [1][3]. Employer documents according to the ministry’s information sheet: NIF; for a company, its incorporation documents, to show who is entitled to sign the contract; and proof of solvency through an IRPF, IVA or corporate tax return or through the company’s employment history report (VILE) [4].

Before signing, check the actual place of work, the schedule and the employer’s ability to pay. Two contracts that qualify on paper may clash over shifts, and a contract that cannot be performed does not help your case. Do not buy a “contract for arraigo”: if a permit is obtained with forged or sham documents, it can be terminated (Article 200.2.b) [1]. What to look for in a contract in general: employment contract in Spain, and for the employer the article an employer hires a foreign national is useful.

Can you work while the application is being processed?

Yes, but not from the moment you click “submit”. From 16 April 2026 Article 130.5 states that once an application under Article 127.b has been admitted for processing and until the decision, the applicant is temporarily entitled to live in Spain and work as an employee, and this must be stated in the notice that processing has begun [1][2]. So you should start work after receiving that notice, not on the strength of the fee payment receipt or a screenshot of your submission.

Article 130.5 does not say explicitly what happens to the temporary right if the application is refused. For another ground (Article 97.5) the Reglamento links refusal to loss of the temporary right and requires the employer to be informed of the decision [1][2]. We have not found such a provision for sociolaboral, so it is better to tell your employer about the decision straight away, and what to do about the job after a refusal is for a lawyer to decide.

Documents for the application

According to the ministry’s information sheet, you submit [4]:

• form EX-10 and a full copy of your passport;
• proof of two years in Spain: proof of residence;
• a criminal record certificate from the countries where you lived in the five years before entering Spain, with apostille and sworn translation [4][5];
• the contract or contracts signed by the employer and the employee;
• employer documents: NIF, the company’s incorporation documents, proof of solvency;
• documents on your qualifications and, for regulated professions, recognition of the qualification in Spain [4].

The fee under modelo 790, código 052, item 2.3.1: when you apply online through Mercurio it is paid at the time of filing (Orden PJC/617/2025, Article 2.3); the ten working days apply to in-person filing (Article 2.5) [4][7]. Under Article 130.1 the application is filed by the foreign national in person; filing by a representative is possible under Article 197.4 (notarial power of attorney or apud acta in the electronic register, or through convenio participants or the Registro de Colaboradores); whether you need one in your case is for a lawyer to decide [1]. The Reglamento does not set a decision deadline; the ministry’s information sheets give three months and treat silence as refusal [4].

Step-by-step procedure

1. Check your two years of residence and that you have no other permit or procedure [1][2].
2. Agree the contract with the employer: hours, pay, duration and start date. Ask the employer for the documents in the list above.
3. Order criminal record certificates with apostille and sworn translation, and gather proof of residence.
4. File form EX-10 at the oficina de extranjería of your province and pay the fee: when applying online, at the time of filing [4].
5. Wait for the notice that processing has begun, with the note on your temporary right to work, and only then start work [1].
6. After the decision, the employer registers you with Seguridad Social within one month, otherwise the permit will not take effect. Book your TIE in person within one month [1].

What happens after the first year

The permit is valid for one year. To renew it you need to show an active job search and registration with the employment service (with an exception for illness, disability and retirement age) [1][2]. The second option is a change of status to an ordinary residence and work permit under Article 191; the ministry’s information sheet expressly mentions it at the end of sociolaboral [4]. If the job and conditions remain the same and the requirements of Article 80 are met, a new permit, if granted, may be issued for four years [1]. Whether this route suits you depends on the contract and income. The years later count towards permanent residence: how to count the five years.

Common mistakes

• Starting work before the notice of admission. The right arises from admission, not from submission [1].
• A contract of under 20 hours or lasting up to 90 days. The hours and duration conditions are not met [1][3].
• Two jobs with the same shifts. On paper the hours add up; in practice the contracts cannot be performed.
• No employer documents. Without proof of tax and social security payments and of solvency, the file is incomplete [3][4].
• The employer did not register the alta. Without registration within one month the permit does not take effect [1].
• Relying on instructions from before April 2026. They do not cover the temporary right to work under Article 130.5 [2].

When you need an individual review

If the contract is fixed-term and short, the employer has only just started the business, you have several jobs, the profession is regulated, or the work is done through a platform rather than under a contract. Here the contracts and the employer need to be assessed by a lawyer before signing. We do not give opinions on specific cases: check with a lawyer or a gestor.

How we can help

The ReloVictory team in Barcelona checks the contract and the employer’s documents against Article 127.b and prepares your residence timeline and file. Booking: consultation; the overall plan is in the arraigo route card.

Frequently asked questions

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