Regularising Your Domestic Worker in Spain: Arraigo Social

What is arraigo social?

Arraigo social is a temporary residence permit granted on exceptional grounds, designed for non-EU nationals who have already been living in Spain irregularly for some time. It grants residence and authorisation to work (whether self-employed or for an employer) for one year, renewable.

One point to clarify from the outset: you cannot 'do the papers' on your own. It is the worker who submits the application; the employer (the family, not the agency) provides the job offer and proves their financial standing. Maids & Co handles the legal hiring, but the employer remains the family.

What changed with Spain's new Immigration Regulations (2026)

Royal Decree 1155/2024 repealed the old Regulations (Royal Decree 557/2011) and completely reorganised the various arraigo categories. Royal Decree 316/2026 (published in the Official State Gazette (BOE) on 15 April 2026) then opened an extraordinary regularisation. These are the changes that most affect anyone wanting to regularise their domestic worker:

• The required continuous residence drops from 3 years to 2.
• Absences from Spain may not exceed 90 days over that period (the previous threshold was around 120).
• Arraigo social no longer requires an employment contract: it is based on family ties or an integration report, plus sufficient financial means.
• For the contract-based route there is now a dedicated category, arraigo sociolaboral, granted with a contract of at least 20 hours per week that guarantees the SMI.
• Royal Decree 316/2026 enabled an extraordinary regularisation in 2026, with provisional permission to work from the notice that processing had started; its application window closed on 30 June 2026 and new applications are no longer accepted.

Requirements for the domestic worker (the applicant)

• Not being a citizen of the EU, the EEA or Switzerland, nor a family member of one covered by the EU free-movement regime.
• Having no criminal record in Spain or in the countries where she has lived, for offences recognised under Spanish law.
• Not being banned from entering Spain, nor subject to a non-return commitment.
• Having stayed continuously in Spain for at least 2 years, with absences not exceeding 90 days in total.
• For arraigo social, proving family ties with other foreign nationals who hold a residence permit (spouse or registered partner and first-degree relatives) or, if there are none, providing a favourable social integration report issued by the regional government (Comunidad Autónoma).
• With family ties, also proving financial means of at least 100% of the IPREM, available in Spain, which may come from those relatives.

Employer requirements and financial means

For arraigo sociolaboral, the contract-based route, you as the employer must be up to date with the Tax Agency (Hacienda) and Social Security (Seguridad Social), and prove enough financial standing to pay the agreed salary and support your own family.

The minimum salary you must offer in 2026

The contract must guarantee, as a minimum, the Spanish minimum wage (SMI) set by Royal Decree 126/2026 (a 3.1% rise, backdated to 1 January 2026):

Once the application is approved, you will need to formalise the contract and register your worker with Social Security's Special System for Domestic Workers (Sistema Especial de Empleados de Hogar) from her very first hour of work and, at the latest, within one month of notification: without registration, the permit does not take effect (Article 130.5 of Royal Decree 1155/2024). We explain how in our guide to registering with Social Security.

Documents and pre-contract

The employer usually provides: a copy of their ID document (DNI or NIE), a job offer or pre-contract signed by both parties, recent payslips or a bank certificate proving their financial standing, their latest income tax return, and certificates confirming they are up to date with the Tax Agency (Agencia Tributaria) and Social Security.

If you opt for the contract-based route (arraigo sociolaboral), the pre-contract must meet several requirements: a working week of at least 20 hours, a salary at or above the SMI, and a suspensive clause making the start of the employment relationship conditional on the permit being granted. You can read what the pre-contract must contain in our dedicated guide.

Timelines, cost and administrative silence

The legal deadline for resolving an arraigo application is 3 months from the date the complete application is submitted. If the authorities do not respond within that period, negative administrative silence applies (the application is deemed refused), although in practice it is advisable to wait for an express decision. Actual processing times vary by immigration office (oficina de extranjería) and can run longer.

As for cost, the immigration fees (form 790, code 052) and the subsequent foreigner's identity card (TIE) are modest; the main expense is usually professional advice if you decide to delegate the procedure.

Arraigo social vs arraigo sociolaboral

If your worker has been in Spain for more than 2 years and you have a contract to offer her, the arraigo sociolaboral route is often the more direct option.

Extraordinary regularisation 2026 (Royal Decree 316/2026)

Alongside the ordinary arraigo routes, Royal Decree 316/2026 opened an extraordinary regularisation with a limited application window: from 16 April to 30 June 2026. That window has now closed and new applications are no longer accepted. It was open to people who were in Spain before 1 January 2026 and could prove a continuous stay of at least 5 months at the time of application. One of its major advantages was provisional permission to work from the notice that processing had started, valid throughout the country and across any sector, until the application was decided (three months at most). The permit granted lasts one year, and the holder must apply to change it during the two months before it expires.

In the meantime, keeping a domestic worker without a contract or Social Security registration exposes the family to penalties. Review the risks in our guide to employing a domestic worker without papers.

How does Maids & Co help?

At Maids & Co we support families through the legal hiring of their domestic worker: we coordinate the paperwork, the pre-contract, registration with Social Security and the payroll in line with the current SMI. Remember that the agency is not the employer (the family is), but we support you through the whole process. See our prices or get in touch if you have questions about how to regularise your worker.