The arraigo for studies (or ”arraigo para la formación”) was created for non-European citizens who are illegally in Spain, and would like to change from an irregular situation to a regular one. These individuals can opt to take certain courses, get this 1-year residency and then modify it to a work permit if they find a job.
This arraigo for training is one of the most recent modifications to the Immigration Law. But even more recent are the latest instructions added to this arraigo that make it an even better option.
In this article, you will learn everything you need to know about this residence permit: what it is exactly, the two phases of this arraigo’s process, all the requirements, and the valid courses.
Let’s get down to business.
The arraigo for studies (or arraigo para la formación) is a new type of residence permit for exceptional circumstances. It allows foreigners who are in an illegal situation in Spain to begin training or studying in order to live legally in the country for 12 months (renewable). It allows foreigners in an irregular situation in Spain who wish to begin training or studying to live legally in the country for 12 months (renewable).
Thus, the figures of the social, labor, and family arraigo are now accompanied by this new type of permit.
And the reason is very simple.
There are currently many jobs in Spain that are difficult to cover, and which are 100% necessary for the country’s economy.
For this reason, the government has made it easier to obtain a work permit to fill these positions for those foreigners who are in an irregular situation in the country, and for this purpose it also helps them get the required training.
Thus, although this permit allows them to legally live in the country and study, it does not allow them to work (although, as we will see later, it is the direct entry door to obtain a work permit later on).
How does arraigo for studies differ from the other arraigos?
Traditionally within the immigration law, and aside from the arraigo for studies, we already previously had the social arraigo, the labor arraigo, and the family arraigo.
All arraigo processes are geared towards those in irregular situation in Spain, usually for a certain minimum period of time.
So far there is no difference.
However, they are each applicable to different conditions depending on the type of link that the foreigner demonstrates with Spain, and its advantages also differ accordingly.
We have included a table below to give you an idea of the four types of arraigos and their differences:
How long does the arraigo for training purposes last?
One of the key points of this arraigo is its duration.
Regardless of the initial duration of the training you enroll into, the initial residence authorization will be valid for 12 months.
That is to say, even if the course lasts 9 months, the authorization you will be granted initially will be for 12 months.
And what happens if the course I sign up for lasts more than 12 months?
The arraigo for training can be extended up to 2 years.
Hence, if the course lasts more than 1 year or you have not successfully passed all the content during the first year and you re-enroll for the next one; you can renew and extend the rooting for the training for an extra 12 months.
Or, as we will see below, instead of extending your arraigo, you can also modify it to a residence and work authorization.
You can read on for more information, or you can directly ask our expert immigration lawyers here:
Requirements to apply for the study arraigo
Like any other residence permit, you will need to fill out the designated application form (Modelo EX-10) and submit a valid passport (as well as a complete copy).
Then aside from these standard documents, in order to apply for this arraigo for training purposes, 3 basic requirements must be met.
2 years of continuous residence in Spain
In the first place, and as with any type of residence due to exceptional circumstances, it will be essential to demonstrate continuous residence in Spain. In this case during the 2 years prior to the application.
You can prove it through the city hall registration (“empadronamiento”) or with your passport.
Thus, it will be important that your departures from Spain do not exceed 90 days in total.
Criminal records
On the other hand, it will be necessary to demonstrate that you have no criminal records, in Spain nor in any other country in which you have been living during the last 5 years.
However, you will NOT have to present the criminal record certificate if you have recently submitted a residency application or if you have been in Spain for 5 years continuously.
Remember, as always, official documents from foreign countries, such as this one, must be translated and legally recognized in Spain.
The course or studies
And, finally, the most important requirement and the one related to the studies. The foreigner must commit to:
- To carry out training for employment, and this training must be regulated
- To obtain an official certification of professional qualifications that is within the National Catalogue of Professional Qualifications in the field of labor administration
- To start training that allows her to obtain a technical aptitude certification
- To complete a professional qualification required to be able to work in a specific occupation
To be more specific, the foreigner must commit to one of the following types of courses:
- Regulated training belonging to the Vocational Training System
- Training to obtain a technical aptitude certification
- Training provided by universities, such as a Master’s Degree
- Training promoted by the Public Employment Services
- Training to obtain micro-credentials
You can access a complete guide on the requirements and list of courses valid for this type of arraigo here.
When applying for arraigo for studies, the foreigner does not have to have already started their studies, they simply have to commit to doing it in the near future. In all cases, the course must be part of the National Catalogue of Professional Qualifications.
After 3 months of having achieved this permit, enrollment must take place in order to start the training in the center.
If the enrollment does not take place within this period, there will be an obligation to notify the immigration office, and the arraigo will be extinguished.
The course can either be 100% in-person, or a hybrid of in-person and online.
You can also change courses without notifying authorities as long as the switch is happening within the same professional family. If it belongs to another professional family, you must notify the Immigration Office and request the change.
You can find the list of valid centers and training courses in the following 2 links:
Renewing or Modifying to the Work Permit
As we have just seen, the arraigo for training can be renewed (unlike the rest of the arraigos that require modifying to another type of residence directly).
But, we have even better news, once the studies are finished and the training is successfully completed, it will be possible to modify to a work permit for 2 years (renewable).
Thus, we see here how this arraigo has two phases. The individual will first have the residence to carry out the training, then after, the residence to work.
Hence, the arraigo for studies does NOT allow you to work, but it’s an efficient gate to obtaining a work permit.
It is important to note here that, due to this, the arraigo for studies follows its own modification process. You can only modify to a work permit as an employee (also known as residencia por cuenta ajena).
The foreigner will have to find a job offer to be able to change his residence and start working for a company, and he will have to do it during the validity of the training arraigo (and never after).
The employment contract must guarantee the minimum salary; currently €1,134 gross per month. If the individual has multiple jobs, the sum of these jobs must amount to the said minimum wage.
Of course, the job must also be related to (in the same professional family) as the training that you received.
The job cannot have a working day of less than 30 hours per week. It may be 20 hours per week in the case of having minor dependent children.
You also need to demonstrate, through a certificate of achievement, that you have passed the course successfully.
Let us help you obtain your arraigo para la formación!
As a conclusion, one of the great advantages of this arraigo is, without a doubt, that it will allow you to finally work in Spain and get your work permit.
As it is a rooting procedure, it may be complicated. Thus, if you have any questions or would like to receive personalized assistance, our expert lawyers are at your complete disposal.
Get in touch with our lawyers and let us guide you step by step:
