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In our last blog posts have been talking about the many new immigration measures that will come into force soon and that will make it much easier to get a work permit in Spain.

Thus, one of these ways will help foreigners currently under an irregular situation, allowing them to study in Spain in order to be able to fill key jobs for the economy.

We are talking about the new type of arraigo: the arraigo for training or studies; and in this post you will find out everything that we know to date about it. If you want to be prepared for the moment this new permit is live… 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 aims to solve this situation through its available mechanisms. In this case, through a new type of arraigo that will help the emergence of new skilled workers to fill all these positions.

This new type of training arraigo constitutes a “pact” 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 will it work? Let’s take a look at it.

 

How exactly will the arraigo for studies work?

 

The arraigo for training will be a new 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 will be 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 that will allow them to obtain a valid title after completing their studies; a title that should allow them to practice in the corresponding profession.

It is important to take into account that this type of arraigo is still within the new immigration law draft, and that it has not entered into force for the moment.

Thus, in this post we will update you with all the information we know to date, but bear in mind that it is totally subject to change.

 

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 extend 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.

 

Application requirements

 

If I want to apply for the training arraigo, what requirements do I have to meet?

The following are the main requirements that we know so far. However, as the weeks and months go by, this list will surely be updated, nuanced, and expanded.

 

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 to get it as soon as possible), tickets or receipts from different purchases, electricity or gas bills, membership cards of different clubs, etc.

 

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.

 

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

 

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 will be 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 of at least € 1,000 per month (the equivalent of the minimum interprofessional salary in Spain)

 

For now, this is all we know about this new residency that will come into force with the new immigration update. 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:

     

     

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