The Arraigo for studies is a temporary residence authorization for exceptional circumstances that may be granted to foreign citizens who are in Spain and have been in Spain continuously for two years, allowing them to obtain an authorization to carry out training, subject to obtaining the residence and work authorization upon completion of the training and the presentation of an employment contract.

Proof of enrollment

The applicant, within a period of 3 months from the notification of the resolution granting the authorization, must provide proof of enrollment. In cases where enrollment is subject to specific enrollment periods, proof of enrollment must be submitted to the Aliens Office within a maximum period of 3 months from the end of said period.

The requirements are as follows:

• Not to be a citizen of a State of the European Union, the European Economic Area or Switzerland, or a family member of citizens of these countries to which the Union citizen regime is applicable.
• Not have a criminal record in Spain and in their country of origin or in the country or countries in which they have resided during the last five years.
• Not to have been banned from entering Spain and not to be considered as inadmissible in the territorial space of countries with which Spain has signed an agreement in this regard.
• Not being, if applicable, within the period of commitment not to return to Spain that the foreigner has assumed when returning voluntarily to his/her country of origin.
• To have remained continuously in Spain for a minimum period of two years prior to the application for the authorization. It is understood as continuous permanence if the absences have not exceeded 90 days in the last two years.

Commitment to carry out a training:

• Regulated for employment or to obtain a certificate of professionalism, or training leading to obtaining the certification of technical aptitude or professional qualification necessary for the exercise of a specific occupation or one promoted by the Public Employment Services and oriented to the performance of occupations included in the Catalog referred to in article 65.1 (Catalog of occupations of difficult coverage, you can consult it by clicking here).
• or, in the field of continuing education of the universities, to commit to the realization of courses to expand or update training or professional skills and competences, as well as other continuing education courses.

For these purposes, the enrollment must have been carried out within three months from the notification of the resolution granting the residence permit.

The corresponding fee for the processing of the procedure must have been paid.

It is relevant to mention that the temporary residence authorization may be renewed only once for another twelve-month period, in those cases in which the duration of the training exceeds 12 months or exceeds the validity of the first authorization granted. After completing the training and obtaining the corresponding residence and work permit, the applicant will be able to work legally in Spain during the period in which the authorization is valid.

Modification of Arraigo for studies?

Once you have completed the training and obtained the degree, you may apply for a Residence and Work Authorization as an employee, as long as you have a job offer that guarantees a salary equivalent to at least the Minimum Interprofessional Wage.

It is important to note that the application for the Autorización de Residencia y Trabajo por Cuenta Ajena must be made during the validity of your autorización de arraigo para la formación. If granted, you will receive a residence and work authorization valid for two years.

From Leynver Abogados, we recommend that you consult with a specialist in foreigners to avoid complications in your application for Arraigo for training.