If there is one important measure the last Spanish Immigration Law Update brought and that is making it much easier to obtain a work permit in Spain, that is undoubtedly the one you will read about in this article.
A path that will help foreigners under an irregular situation find a job in the country after obtaining professional training.
We are talking about the new type of arraigo: the arraigo for training or studies; and in this post you will find out everything you need to know about it. Documents, requirements, possibility to work with it and much Don’t miss what’s coming next!
The reason behind the new arraigo to study
In Spain there are many key sectors of the economy with jobs that are currently difficult to fill with the existing labor force in the country.
This lack of labor required a solution, and foreigners could certainly provide it.
Thus, the new immigration law update is currently solving this situation through its available mechanisms. In this case, through the most recent type of arraigo that will help the emergence of new skilled workers to fill all these positions.
This new type of training arraigo constitutes an “agreement” that helps both parties:
- On the one hand, foreigners under an irregular situation will have a much easier time obtaining residency and subsequently their work permit
- On the other hand, the Spanish economy will benefit from this new qualified workforce for specific positions
What will this new type of residence for exceptional circumstances consist of and how it works? Let’s take a look at it.
What exactly is the arraigo for studies?
The arraigo for training or studies is a new type of residency for exceptional circumstances of a duration equivalent to 1 year, which will allow the foreigner under an irregular situation (without residency) to obtain a residence permit to study in Spain.
This new arraigo is granted to all those immigrants who have been in an irregular situation for at least 2 years and who intend to start a regulated training or course that will allow them to obtain a valid title after completing those studies; a title that should allow them to practice in the corresponding profession.
Nevertheless, bear in mind that obtaining this permit is not as simple as enrolling in any type of course, as not all courses are valid.
Later in this article, we will look at what professional courses and studies are valid for your application.
Is it possible to work with the training arraigo?
We have already received many inquiries from our clients asking if they, once they get their arraigo for training and start their studies, will also be able to work for a company.
The truth is that they cannot. It is not possible to work with the “arraigo para la formación”.
This residence for exceptional circumstances will only allow you to study (without carrying out any type of economic activity).
However, after finishing the 12 months of this permit, you will be able to obtain a work permit much easier (in case you don’t continue studying).
Do you have any doubts so far? Read on for more information or contact our team of immigration lawyers and let us help you with your application:
Duration of the arraigo for training purposes
As we have already mentioned, the arraigo for studies will initially be granted for 12 months.
However, as long as the studies that the foreigner starts last for more than one year, the holder of this arraigo may renew this residence for exceptional circumstances for up to 1 extra year.
Or, conversely, if she finds a job offer, she can move to a residence and work permit as an employee, as we will see below.
If I want to apply for the training arraigo, what requirements do I have to meet?
The following list details them. It will be essential that you carefully read them to ensure that you comply with all of them.
Continuous residence in Spain
First of all, and in the same way that happens with any of the 3 existing figures of arraigo, you must demonstrate a minimum of continuous residence (although in an irregular situation) in Spain.
In this case, we are talking about 2 years, and to do so you must use any valid proof.
We are talking about, for example, the empadronamiento certificate (we recommend you get it as soon as possible), your passport detailing when you left and re-entered Spain, tickets or receipts from different purchases, electricity or gas bills, membership cards of different clubs, etc.
In that sense, it will be essential to make sure your exits do not amount more than 90 days in total during those 2 years.
No criminal records
If there is something that all the residence authorizations have in common in Spain, is that they require to demonstrate a lack of criminal records.
Thus, to be able to apply for the training arraigo you must prove that you do not have any criminal or police record during the last 5 years, either in Spain or in any other country where you have lived.
These records must be valid for a maximum of 6 months.
In the case of being able to demonstrate that you have been in Spain for 5 years continuously or that you have made a previous application for another residence permit, it will not be necessary to provide a criminal record.
Commitment to start your studies
Finally, and as the most important point, the foreigner under an irregular situation must commit himself to starting his studies in Spain.
It is important to clarify this point: the foreigner must COMMIT, but it is not necessary that she has already started her studies for this authorization to be granted.
However, 3 months after the foreigner has obtained the arraigo for training, she must have enrolled in a center and provide proof of this; otherwise she will lose her arraigo.
And, finally, as for the commitment to start his studies, we must consider the following:
- The foreigner must commit himself to initiate training that must be regulated
- This training must allow the attainment of official certification of professional qualifications that are within the Catálogo Nacional de Cualificaciones Profesionales in the labor administration field
- This training must certify a specific technical aptitude
- And it must be training that enables and is necessary to be able to exercise a specific occupation
In addition to the above requirements, you must include within your application the EX-10 form specifying the type of training you will begin.
What type of training or courses are valid?
Here you can find the 4 different types of courses that are valid for this procedure:
- First of all, regulated training for employment or a certificate of professionalism, taught by authorized centers which must be registered in the registry of regional centers. You can find the courses and authorized centers here.
- Training that leads to obtaining a certificate of technical aptitude or professional qualification that is necessary for the exercise of a specific occupation. This training must be given by a center authorized by the competent department.
- Training promoted by the Public Employment Services. You can find these training courses in the following two catalogs of training specialties:
- Courses to broaden or update competencies and training or professional skills in the field of continuing education at universities, as well as other continuing education courses.
In addition, bear in mind that the training can last, at most, 18 months (so you would get a permit for 12 + 12 months to complete it in case it is extended over this total).
And, finally, it must be classroom-based training (it can’t be online).
How to renew the study arraigo
As we have seen, the initial 12-moth duration of this residence authorization can be extended or renewed.
More specifically, you will be able to extend the arraigo for training as long as:
- The duration of the studies is longer than 12 months
- You have enrolled in a training course but have not successfully completed the course for which you had enrolled, and you are still enrolled in it to complete it during the following year
From “arraigo for training to work permit
This new figure of arraigo would not make sense without the corresponding and subsequent modification to residence and work authorization.
That is to say, after completing the studies for which you have obtained the study arraigo, the foreigner is able to obtain a work permit valid for 2 years (with the possibility to renew afterwards).
Thus, in order to carry out this procedure, the arraigo holder must find a company willing to hire her, and a valid job offer.
We do not yet know if all jobs will be valid for this modification, but what we do know is that the following 2 requirements must be met:
- First, the job position must be related to the studies completed
- The minimum gross salary must be at least € 1,000 per month (the equivalent of the minimum interprofessional salary in Spain)
- Demonstrate successful completion of the training, which must be done through a report from the educational center.
If you have any doubts (something normal given so many novelties), do not hesitate to contact our expert team of immigration lawyers. We will help you out no matter your case: