In short: after RD 1155/2024, arraigo familiar is limited to two cases: being the parent or guardian of a minor who is a national of another EU/EEA/Swiss state (having them in your care and living together, or meeting your parental obligations), or being a family member who supports an EU/EEA/Swiss person with a disability (in your care and living together). No minimum stay in Spain is required (Hoja 31, inclusion.gob.es).
In person or by representative? Filed personally (legal representative for minors/persons with disability — SEM 1/2024): at your provincial Immigration Office or online via Mercurio.
Important: what if the child is Spanish? Parents of a Spanish minor have their own regime: residence as a family member of a Spanish citizen (not arraigo familiar). This page covers minors who are nationals of another EU/EEA/Swiss state.
Requirements (Hoja 31):
- Be in Spain and not be an international-protection applicant; not an EU/EEA/Swiss citizen. No minimum stay: the only arraigo without the 2-year rule.
- Minor route: prove you reside in Spain, have the minor in your care and live together, or are meeting your parental obligations. Disability route: be a family member of the EU/EEA/Swiss person, have them in your care and live together.
- No criminal record (Spain + countries where you lived during the 5 years before entering Spain); pay the fee.
Documents (Hoja 31): form EX-10; full copy of your passport; criminal-record certificates (countries where you lived during the 5 years before entering Spain); and per route: the minor's birth certificate (showing the tie and nationality) or guardianship document; or proof of the disability, care and cohabitation + the EU citizen's ID document. Foreign documents need a sworn translation and apostille/legalisation. Fee: form 790 code 052.
Decision: 3 months; no reply = rejected by silence (what to do). The arraigo familiar permit lasts 5 years (arts. 125.2 and 132.1 of RD 1155/2024). After approval: the TIE card in person within 1 month.
Official source: Information sheet 31 — inclusion.gob.es · RD 1155/2024 · DGM Instructions 8/2020.
Informational only; check the official source and a professional for your specific case.
