Arraigo de segunda oportunidad 2026: who can apply, requirements and documents
The arraigo de segunda oportunidad (second-chance residence) is for people who, in the two years before applying, held a residence permit in Spain that they could not renew, because they were too late or because they did not meet the requirements. It asks for two years in a row here and no criminal record, but not financial means, a job contract or an integration report. You apply with the EX-10 form, without a visa, and it gives one year of residence with a work permit.
Updated on 14 October 2026
The arraigo de segunda oportunidad is one of the five arraigos in Spain's Reglamento de extranjería (immigration regulations: Real Decreto 1155/2024, art. 125.1), applicable since 20 May 2025; the SEM 1/2025 Instructions (from the State Secretariat for Migration) call it a «newly created» route. It is for people who lived in Spain with a residence permit, lost it because they did not renew it, and are still here. You apply from Spain, without a visa (art. 130.1).
2 years
in a row in Spain, without absences adding up to more than 90 days
No means test
and no job contract or integration report
3 months
for a decision; with no answer, it can be taken as refused
1 year
of residence with a work permit, extendable
Who it is for
«For the arraigo de segunda oportunidad, having held a residence authorisation, not granted on exceptional grounds, in the two years immediately before the date the application is submitted, and whose renewal did not take place for reasons other than public order, public security and public health. However, it may be applied for if there is a judgment of refusal, a stay of proceedings (sobreseimiento) or an acquittal.»
Real Decreto 1155/2024, art. 127.a (unofficial translation)
Three conditions on the permit you held: it was a residence permit, not a stay (estancia); it was not exceptional, like an arraigo; and it was lost because it was not renewed. The SEM 1/2025 Instructions explain how: the deadline to apply for the renewal or the extension (prórroga) passed, or it was refused because you did not meet the requirements. If the office ended it (extinción) for any other reason, it does not count: only extinction because time ran out is valid (art. 200.1).
| Your situation | Arraigo de segunda oportunidad? | Legal basis |
|---|---|---|
| Your TIE (foreigner identity card) expired more than three months ago and you did not apply for renewal | Yes, if two years have not passed and you meet the rest | Art. 127.a; SEM 1/2025, segunda.1 |
| You applied for renewal and it was refused because you did not meet a requirement | Yes | SEM 1/2025, segunda.1 |
| It was refused on grounds of public order, security or public health | No, unless the case was dismissed (sobreseimiento) or you were acquitted | Art. 127.a |
| Your renewal is still being processed | Not yet: you cannot have another residence procedure open | Art. 126.h |
| You had a stay for studies | No: it was a stay, not residence | The Ministry's frequently asked questions |
| You had a card as a family member of an EU citizen (RD 240/2007) | No: that regime has no renewal | The Ministry's frequently asked questions |
| Your long-term residence was extinguished | No: there is recovery (arts. 186-189) | The Ministry's frequently asked questions |
| Your previous permit was already an arraigo or another exceptional-circumstances permit | No: its extension (art. 132.3), if you are still in time, or another arraigo | Art. 127.a |
The two years are counted backwards from the day you apply: during that time you must have held the permit. If you applied for renewal on time, the old permit stayed valid until the decision (art. 200.1).
Requirements
- Being in Spain and not being an applicant for international protection, either when you apply or while it is processed (art. 126.a).
- Two years of continuous presence before applying, with no more than 90 days abroad (art. 126.b; SEM 1/2025). The article speaks of presence (permanencia), without distinguishing whether it was with a permit or without one.
- Having held, in the two years before the application, a non-exceptional residence permit that was not renewed (art. 127.a).
- No criminal record in Spain or in the countries where you lived in the five years before you arrived (art. 126.d).
- Not being a threat to public order, not being listed as someone to be refused entry and not having a no-return commitment in force (art. 126.c, e and f).
- Not having another stay or residence permit, or an open procedure to obtain, extend, renew or modify one (art. 126.h, since 16 April 2026).
- Not being a citizen of the EU, the EEA or Switzerland, or their family member under the EU regime (information sheet 27).
- Paying the fee, the tasa (art. 126.g).
What it does not ask for: financial means, a job contract or an integration report. Those are requirements of arraigo social (residence through social ties) and arraigo sociolaboral (through a job), not of this one (art. 127; information sheet 27).
Documents
- EX-10 form filled in and signed by you.
- Full copy of your passport, travel document or registration card (cédula de inscripción).
- Proof of the two years of continuous presence. Which public documents count is set out in information sheet 28, on the arraigo social page.
- Criminal record certificate from the countries where you lived in the five years before entering Spain.
You hand in copies and show the originals. Foreign documents must be translated by a sworn translator into Spanish (castellano) or the co-official language, and legalised or apostilled, unless an agreement says otherwise (information sheet 27).
How to prove your previous permit and that it was not renewed
Information sheet 27 does not name a document for this, but the Reglamento asks for the «documentación acreditativa» (supporting documents) of your situation (art. 130.1.c). Papers you usually already have will do:
- The permit: a copy of the expired TIE, both sides, and the decision that granted or renewed it, if you still have it.
- If you never applied for renewal: the expiry date on the TIE shows that the deadline passed; that deadline ends three months after expiry (TIE renewal).
- If it was refused: the refusal decision. Its reason decides: an unmet requirement opens this route; public order closes it.
- If there were criminal proceedings: the acquittal judgment or the order dismissing the case (auto de sobreseimiento) (art. 127.a).
On criminal records, there are two useful exceptions for people who have already lived here: you do not need the certificate from other countries if you have been five years in a row in Spain, or if you already provided it in another application in the last five years and have not left since (art. 130.2). The Spanish record is requested by the office itself.
How to apply, step by step
Check the dates
Count two years back from the day you are going to apply: during that period you must have held the residence permit, without spending more than 90 days outside Spain.
Where it gets stuckApplying while a renewal is still being processed: it has to be decided first (art. 126.h).
Gather your papers
If you need the criminal record certificate from your country, ask for it first: it needs a sworn translation and legalisation or an apostille (information sheet 27). Put together the expired TIE and any decisions you still have.
Where it gets stuckForgetting the decision that refused your renewal, if there was one: it is the document that shows the reason.
Fill in the EX-10
In section 7, tick «Residencia inicial» (initial residence) and «Arraigo de segunda oportunidad (art. 127.a)». The foreign national signs.
Where it gets stuckTicking «Prórroga» (extension): that box is for extending an exceptional permit already granted.
Pay the tasa 790-052
Section (epígrafe) 2.3.1: €38.28, paid by the foreign national (Orden PJC/617/2025; information sheet 27). On paper, within the ten working days after applying; online, at the same time as you apply (art. 2 of the Orden).
Where it gets stuckChoosing section 2.4, of €16.40: that is the one for the extension.
Submit the application
At the Oficina de Extranjería (immigration office) of your province or online through Mercurio (information sheet 27). If you are a minor or need support, your representante legal (legal representative) or the person who provides that support submits it (art. 130.1; who goes in each box).
Where it gets stuckGiving a «Domicilio a efectos de notificaciones» (address for notifications) where you no longer live: that is where the decision will be sent (who receives the notifications).
Wait for the decision and apply for the TIE
The office has three months from the day after the application enters its register; with no answer, it can be taken as refused (disp. adic. 7.ª and 8.ª; silencio administrativo, when no reply counts as an answer). Once granted, you have one month to apply for the card in person, with the EX-17 form and the tasa 790-012 of €16.08 (art. 130.6; section 4.2).
Where it gets stuckLeaving a requerimiento (request for documents) unanswered: the deadline is no more than fifteen days and, if you do not fix what is missing, the application is closed (art. 130.3; how to respond).
Can I work with this arraigo?
While it is being processed, no: the provisional permission to work only exists for arraigo sociolaboral (art. 130.5). Once granted, yes: as an employee or self-employed, anywhere in Spain and in any occupation, while it is valid (art. 131; information sheet 27). If you have a job offer of at least 20 hours a week, compare it with arraigo sociolaboral, which lets you work from the moment the application is admitted.
How long it lasts and what happens after the year
| Route | When and how | What it requires | Length |
|---|---|---|---|
| Extension, prórroga (art. 132) | In the two months before it expires, with the EX-10 ticked at «Prórroga» and the 790-052 under section 2.4 (€16.40); up to three months after, with a possible fine (art. 132.3) | The requirements, and actively looking for work, registered with the public employment service, unless an illness, a disability or retirement prevents it (art. 132.2.a) | 1 year |
| Modification to residence and work (art. 191.3) | With at least one year of residence | The requirements for renewal as an employee (art. 80) or as self-employed (art. 86) | 4 years |
The exception for illness, disability or retirement was added by Real Decreto 316/2026, in force since 16 April 2026.
The most common case: a TIE that expired without being renewed
Fictional example: a TIE for work as an employee that expired on 10 March 2026. Renewal was possible from 10 January and, with a possible fine, until 10 June (art. 80.1; TIE renewal). After that window, this arraigo is what remains, and it must be submitted before two years have passed since the expiry. In the meantime there is no permit and no permission to work.
The other arraigos, in one sentence
They are all applied for with the same EX-10 and the same 790-052, section 2.3.1:
- [Social](/tramites/arraigo-social) (art. 127.c): family members with legal residence or an integration report, plus financial means (how much, in 2026).
- [Sociolaboral](/tramites/arraigo-laboral) (art. 127.b): one or more contracts adding up to at least 20 hours a week at the minimum wage or the collective-agreement wage; lets you work from the moment the application is admitted for processing.
- Socioformativo (art. 127.d): enrolment in one of the training courses provided for and an integration report; lets you work up to 30 hours a week (art. 131.b).
- Familiar (art. 127.e): being the mother, father or guardian of a minor from the EU, the EEA or Switzerland, or supporting a family member with a disability from those countries; requires no time in Spain and lasts five years.
- Hoja informativa 27 (information sheet): arraigo de segunda oportunidadinclusion.gob.es ↗Ministerio de Inclusión (Ministry of Inclusion), April 2026
- SEM 1/2025 Instructions on the arraigosinclusion.gob.es ↗13/05/2025; the second instruction
- Frequently asked questions about arraigoinclusion.gob.es ↗Ministerio de Inclusión, 2025
Links checked on 14/10/2026.
Frequently asked questions
What is the arraigo de segunda oportunidad?
A residence permit for people who, in the two years before applying, held a non-exceptional residence permit that was not renewed, because the deadline passed or because they did not meet the requirements. You apply from Spain with the EX-10 and it lasts one year (RD 1155/2024, arts. 125 and 127.a).
My TIE expired more than three months ago. Can I apply?
Yes, if two years have not passed, you have been in Spain for two years in a row with no more than 90 days abroad, you have no criminal record and that residence was not exceptional. If less than three months have passed since it expired, you can still renew.
Do I need financial means or a job contract?
No. The only specific requirement is the previous residence that was not renewed (art. 127.a); financial means belong to arraigo social, and the contract to arraigo sociolaboral.
Can I work while I wait for the decision?
No: only arraigo sociolaboral allows that (art. 130.5). Once the arraigo de segunda oportunidad is granted, you can work as an employee or self-employed anywhere in Spain (art. 131).
Does it work if I had a stay for studies?
No. That is a stay (estancia), not residence, and the Ministry expressly rules it out in its frequently asked questions about arraigo.