Can you work while processing a residency application?
Aug 14, 2025
Can you work while processing a residency application for "arraigo"?
The concept of "arraigo" in Spanish immigration law allows foreigners to regularize their situation in Spain after having resided in the country for a certain period. However, a common doubt arises: can you work while processing an application for "arraigo"? In this article, we will address this question from a legal and practical perspective.
What is "arraigo"?
"Arraigo" is a residence permit for exceptional circumstances that can be requested for three main reasons:
- Social "arraigo": For those who have resided in Spain for at least three years and have family or work ties.
- Labor "arraigo": For those who have been in the country for at least two years and have worked irregularly.
- Family "arraigo": For those who have direct relatives in Spain and have resided in the country.
Working during the "arraigo" process
Legal situation
While the application for "arraigo" is being processed, it is important to highlight that the applicant does not hold a residence or work permit. This means that, in legal terms, they are not authorized to work. Immigration regulations establish that a permit is required to prove the regular status of the foreigner in order to work in Spain.
Exceptions and considerations
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Social "arraigo": If the application is accepted and the permit is obtained, one will be able to work legally in the country. However, until the application is resolved, no labor activity can be conducted.
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Irregular work: Some individuals may choose to work irregularly during this period, but this comes with significant legal risks, including fines and the possibility of expulsion from the country.
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Documentation: It is crucial to keep all documentation in order and ensure that the "arraigo" application is being managed correctly. This can help avoid complications in the event of a potential labor inspection.
Consequences of working without permission
Working without the proper authorization can have serious consequences:
- Fines: Employers may face financial penalties for hiring a worker without permission.
- Expulsion: The worker may be subject to expulsion procedures for being in an irregular situation.
- Future difficulties: Working without authorization can affect future applications for residency or "arraigo".
Conclusion
In summary, one cannot work legally while processing an application for "arraigo" in Spain. The lack of a work permit means that any labor activity performed is considered irregular and can lead to negative consequences. Therefore, it is advisable to wait for the resolution of the application before starting any legal work activity.
Written by:
Javier Dominguez
Expert immigration lawyer
Publication date: August 14, 2025
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