On May 13, 2025, the State Secretariat for Migration published Instruction SEM 1/2025 to ensure a uniform and clear interpretation of temporary residence permits granted for exceptional circumstances due to arraigo (rooting), as regulated by the new Immigration Regulation approved by Royal Decree 1155/2024.
Instruction SEM 1/2025 explains in detail how to interpret the Arraigo cases according to the New Immigration Regulation!
This instruction is key to understanding how the different types of arraigo apply following the entry into force of the new Immigration Regulation on May 20, 2025.
New Immigration Regulation: Arraigos Instruction
Objectives of the Instruction
- Unify interpretative criteria.
- Clarify common and specific requirements.
- Facilitate administrative processing.
- Increase legal certainty for applicants.
Clarifications by Type of Arraigo
- General Residency Requirements (common to all arraigos under the New Immigration Regulation)
- Continuous residence in Spain for 2 years is required.
- Absences of up to 90 calendar days within the period are allowed.
- Asylum seekers cannot count this time as residence for arraigo purposes unless they withdraw their asylum application or their case is resolved.
- Second Chance Arraigo (notable new category)
- For those who had legal residence (not via arraigo) that they could not renew or extend due to justified causes (not related to public order or public health).
- Does not apply if the authorization expired due to causes not included in article 200.1 of the new regulation.
- Socio-Labor Arraigo
- Contracts of any type are accepted (including temporary and fixed discontinuous), but must last at least 90 days.
- Multiple consecutive contracts are allowed.
- Minimum working hours: 20 hours per week with pay according to the minimum wage (SMI) or applicable collective agreement.
- Valid only for employment contracts, not for self-employment.
- Employer must be up to date with tax obligations and have sufficient financial means.
- Social Arraigo
- Two pathways:
- Family relationship with a legal resident (spouse, registered partner, parents, or children in the first degree).
- Or, a report on integration effort issued by social services.
- Must prove 100% of the IPREM (Public Income Index) in economic means available in Spain.
- If proving family relationship and cohabitation, the family member must provide 100% of IPREM for themselves and 100% for the applicant (i.e., 200% IPREM total).
- Two pathways:
- Socio-Educational Arraigo
- Proof via enrollment, admission request, or commencement of training in programs listed in Annex II of the instruction.
- Valid training includes:
- High school (Bachillerato), intermediate vocational training (FP de grado medio), professional certificates, adult education, among others.
- At least 50% of the training must be in-person.
- Can only be granted once every three years.
- Applicant must register as a job seeker after receiving the NIE.
- Cooperation system established between immigration offices and public employment services.
- Modifications of Previous Training Arraigos
- Holders of a training arraigo authorization before Royal Decree 1155/2024 may:
- Convert it to residence and work permit if training is completed.
- Extend it if actively seeking employment and registered as job seekers.
- In some cases, switch to socio-educational arraigo to finish their training.
- Holders of a training arraigo authorization before Royal Decree 1155/2024 may:
- Family Arraigo
- For cases supporting persons with disabilities, only one family member may apply for the arraigo, according to the requirements of article 127.e) of the regulation.
- Minors
- Accompanied minors, whether born in Spain or not, must apply through specific permits in the new regulation (articles 159 and 160).
- Exceptionally, they may apply for an arraigo only with justification and prior consultation with the General Directorate of Migration Management.
Relevant Annexes
- Annex I: Economic Means
- Social arraigo with family: 100% IPREM for the family member + 100% for the applicant.
- Family reunification: 150% IPREM + increases for each additional member.
- Minors or persons with disabilities: 110% IPREM (parent + minor).
- Annex II: Valid Training for Socio-Educational Arraigo
- High school, intermediate vocational training, professional certificates (levels 1 to 3), occupational training from public services, etc.
Conclusion
Instruction SEM 1/2025 represents a decisive regulatory advance to ensure coherent and humane application of arraigos in Spain. At Guilherme Cesar Immigration Lawyer, we positively value these clarifications for the effective implementation of the New Immigration Regulation, as they provide transparency and legal certainty both for applicants and for the professionals supporting them.
If you are interested in starting a regularization process through arraigo or want legal advice on your case, contact us. We are here to help.
