Since arraigo for studies (or arraigo para la formación in Spanish) has been included in the immigration regulation, it has now become much easier to obtain a work and residence permit in Spain if you are under an irregular status.
The new arraigo by training represents an important change for non-European citizens in an irregular situation, since it will allow them to study or train for jobs that would benefit the Spanish economy in the future.
In this article we will explain everything about the formative arraigo: from requirements and the application process, to valid courses and if it allows you to work.
So, don’t miss what comes 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, which 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 (extendable for up to 2), 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?
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 they receive a job offer, they can move to a residence and work permit as an employee, as we will see below.
Arraigo para la formación requirements
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.
But, before anything, keep in mind that all documents must be translated into Spanish or the co-official language of the autonomous community by a sworn translator.
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, for which you must provide valid proof.
These could be: 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 to more than 90 days in total during those 2 years.
However, it should be noted that you should not have been prohibited from entering Spain. Nor should you appear as objectionable in the territorial space of the countries that Spain has signed an agreement for this purpose.
No criminal records
If there is something that all the residence authorizations have in common in Spain, is that they require you 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 from the last 5 years, both in Spain or in any other country where you have lived in.
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 commi to starting their studies in Spain.
It is important to clarify this point: the foreigner must COMMIT, but it is not necessary that they have already started their studies for this authorization to be granted.
However, 3 months after the foreigner has obtained the arraigo for training, they must have enrolled in a center and provide proof of this; otherwise they will lose their arraigo.
And, finally, as for the commitment to start their studies, we must consider the following:
- The foreigner must commit to starting regulated training
- This training must allow the attainment of the 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
- This training must enable, and be necessary 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?
As you can see, the course you select will be the base and key for a successful application.
And, in that sense, NOT all courses are valid.
Which ones are?
Here you can find the 5 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
- Micro-credentials, which are short-term courses for all educational levels
The course can be face-to-face, or a hybrid of face-to-face and online.
In addition, bear in mind that the course be extended to, at most, 2 years.
It is also possible to change courses without notifying the Foreign Office, as long as the new course is in the same professional family. However, if it’s from a different professional family, you will have to have this request approved by legal authorities.
How to renew the study arraigo
As we have seen, the initial 12-month 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 or passed the said course, thus enrolling again to retake the course and pass in the following year
From arraigo for training to a 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 €1,134 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.
Book a consultation with one of our lawyers and solve all your doubts: