Social Arraigo in Spain: Is it possible with Police Background?
The social security is a legal figure in Spain that allows foreigners to obtain a temporary residence permit under exceptional circumstances. However, one of the key requirements for access to this modality is the lack of criminal record in both Spain and the country of origin. But what if you have a police record? Here we explain how this can affect your application.
Police background: An Obstacle?
Police records are not the same as criminal records. While the former concern complaints or reports without conviction, the latter are records of crimes that have been tried and punished. According to recent case law, the mere existence of a police record does not always imply an automatic denial of the authorization of social arraigo.
Relevant jurisprudence
Recent judgments of the High Court of Justice have established that police records should only be considered as grounds for refusal if they are serious or repeated and represent a risk to the public policy. If the background is isolated and does not involve a criminal conviction, there is a possibility that the application will be accepted.
Steps to Follow to Request Social Arraigo
- Collect the necessary documentation: Prepare all documents that prove your stay in Spain and social links, such as registration certificates, employment contracts, or family letters.
- Consultation with a specialized lawyer: Legal advice is fundamental. An immigration lawyer can help you assess your situation and prepare a solid defence in case of police history complications.
- The application: Go to the relevant alien office and submit your application, making sure you include all the necessary documentation.
- Preparation for possible rejection: If your application is denied due to a police record, you have the right to appeal. This is where a lawyer's experience can make a difference.
Conclusion
Although having a police record can complicate the process of obtaining social protection in Spain, it does not mean that it is impossible. The key is to understand the nature of these backgrounds and to have adequate legal support. If you need advice on how to advance your migration situation, do not hesitate to contact our team of immigration lawyers.
