Arraigo para la Formación in Spain: How It Works

🇪🇸 Read the original in Spanish

The Arraigo para la Formación (residency for training) has established itself as one of the most effective and highly demanded pathways to regularise the administrative status of foreign citizens in Spain. This legal mechanism, which combines vocational training with labor market integration, represents a golden opportunity for those who wish to fully integrate into the Spanish productive framework legally and safely. In this guide prepared by the legal team at AbogadoAI, we analyze in depth how this procedure works, what its regulatory requirements are, and the practical steps to apply for it successfully.

What is the Arraigo para la Formación and what is its legal framework?

The Arraigo para la Formación is a temporary residence authorization for exceptional circumstances. Its main feature is that it is granted for a period of 12 months (extendable for an additional 12 months if the training requires it or if it could not be completed in the first year) to foreign citizens who commit to undertaking formal or regulated training aimed at employment.

The regulatory framework of reference

This mechanism is not an arbitrary creation, but is strictly regulated within the Spanish legal system. Its legal basis is found in:

• The Ley Orgánica 4/2000, de 11 de enero, sobre derechos y libertades de los extranjeros en España y su integración social (commonly known as the Ley de Extranjería / Immigration Law).
• The Reglamento de la Ley de Extranjería (Immigration Law Regulation), approved by Real Decreto 557/2011, de 20 de abril. Specifically, this figure was introduced through the reform carried out by Real Decreto 629/2022, de 26 de julio, which modified the regulation to adapt it to the real needs of the Spanish labor market, being codified in artículo 124 cuatro (Article 124.4) of said regulatory text.

Unlike other authorizations, the Arraigo para la Formación does not require having a prior employment contract for its initial granting, which drastically reduces the barriers to entry for applicants.

Substantive requirements to apply for the Arraigo para la Formación

For the Oficina de Extranjería (Immigration Office) to issue a favorable decision on the application, the interested party must strictly comply with a series of substantive requirements. The lack of any of them will be grounds for automatic denial.

1. Continuous stay in Spain

The applicant must prove that they have remained in Spanish territory continuously for a minimum period of 2 years (24 months) immediately prior to the date of submission of the application.

• What is considered continuous stay? Absences from Spain during this 2-year period cannot exceed 90 days in total.
• How is it proven? Mainly through the empadronamiento histórico (historical town-hall registration), although other means of proof admitted in law are accepted (medical history in the public health system, bank statements showing in-person transactions, rental contracts, etc.).

2. Clean criminal record

The applicant must have no criminal record both in Spain and in their previous countries of residence during the last 5 years. This is an indispensable public safety requirement for any regularisation due to exceptional circumstances.

3. Commitment to undertake training

This is the core of the authorization. The applicant must formally commit to undertaking training that meets the requirements established by the regulations. The types of training admitted are:

• Regulated training for employment or leading to obtaining a Certificado de Profesionalidad (Certificate of Professional Competence) or equivalent micro-credentials.
• Training leading to obtaining a certificación de aptitud técnica (technical aptitude certification) or professional qualification necessary for the exercise of a specific occupation.
• Training promoted by the Servicios Públicos de Empleo (SEPE, State Public Employment Service, or regional services).
• Undergraduate degrees, master's degrees, or specialization courses taught by university institutions.

Enrolment or registration in said training must be completed within a maximum period of 3 months from the notification of the resolution granting the arraigo.

The enrolment process: Which courses are valid?

Not just any training course is valid to obtain this arraigo. Regulations require that the training be official, regulated, and have a real impact on the applicant's employability.

Training requirements:

• Modality: Preferably in-person or hybrid. 100% online training has been subject to strict restrictions by the Dirección General de Migraciones (General Directorate of Migration), requiring that, at a minimum, it includes an evaluable practical or in-person component.
• Authorized centers: The center providing the training must be duly registered in the corresponding registry (for example, the Registro de Centros de Formación Profesional or the registry of the autonomous communities).

Step-by-step practical procedures to obtain the Arraigo para la Formación

The administrative procedure is divided into two clearly differentiated phases: obtaining residence through arraigo (training phase) and the subsequent obtaining of work authorization (labor integration phase).

Phase 1: Application for residence through Arraigo para la Formación

1. Preparation of documentation: Gather your complete passport (valid), criminal record certificate from your country of origin (duly apostilled/legalized and translated, if applicable), the padrón histórico proving the 2 years of continuous stay, and the training commitment form duly completed.
2. Electronic submission: The application must be submitted electronically through the MERCURIO platform of the Secretaría de Estado de Administraciones Públicas (State Secretariat for Public Administrations), either using your own digital certificate or through an authorized representative (lawyer or gestor).
3. Payment of the processing fee: You must pay the fee Modelo 790 código 052, subsection 2.5 (temporary residence authorization for exceptional circumstances), the current amount of which is around 38.28 €.
4. Waiting for the resolution: The Oficina de Extranjería has a legal period of 3 months to resolve the application. If no response is received after this period, it is understood to be rejected by negative administrative silence (although the administration remains obliged to issue an express resolution, and late resolutions are usually favorable).
5. Submission of proof of enrolment: Once the authorization is provisionally granted, you have a strict period of 3 months to submit proof of actual enrolment in the committed course. If it is not submitted, the authorization is terminated.
6. Fingerprinting (TIE): After validating the enrolment, an appointment is requested for fingerprinting at the police station to obtain the Tarjeta de Identidad de Extranjero (TIE, Foreigner Identity Card), after paying the fee Modelo 790 código 012 (approximately 16.08 €).

Phase 2: Application for work authorization (Modification)

Once the training has been successfully completed, the foreigner can make the leap to the legal job market:

1. Job search: The applicant must find an employer willing to hire them. The employment contract must be related to the training received.
2. Submission of the contract: The employment contract signed by both parties is submitted to Extranjería, along with the diploma or certificate proving that the training has been completed. The salary stipulated in the contract must respect the Salario Mínimo Interprofesional (SMI, Minimum Interprofessional Wage) or the applicable collective bargaining agreement.
3. Granting of work authorization: Extranjería will grant a residence and employment authorization as an employee (cuenta ajena) with a validity of 2 years, which will fully enable them to work legally in Spain.

Practical application examples

To better understand how deadlines, training, and subsequent labor integration interact, we analyze two common scenarios.

Example 1: The case of Carlos (Hospitality Sector)

Carlos arrived in Madrid in March 2022. In April 2024, upon completing 2 years of continuous and undocumented stay, he decides to apply for the Arraigo para la Formación.

• He submits his application committing to undertake a course in "Basic Kitchen Operations" (Certificado de Profesionalidad level 1) with a duration of 350 hours in person.
• In July 2024, he receives a favorable resolution.
• Carlos enrols in the approved training center before the 3-month deadline expires and submits the proof. He obtains his 12-month TIE.
• In February 2025, he successfully finishes the course. A local restaurant offers him a kitchen assistant contract with a salary of 1,134 € per month (current SMI).
• Carlos submits the contract and his study certificate to Extranjería. His application is approved, and he obtains a residence and work card valid for 2 years.

Example 2: The case of Elena (Tech Sector)

Elena has resided in Barcelona for 2 years and has prior studies from her country of origin. She applies for the Arraigo para la Formación to study "Application Development with Web Technology" of 600 hours.

• Following the approval of the arraigo, she pays the residence fee of 38.28 € and the TIE fee of 16.08 €.
• Halfway through the course, Elena realizes that the syllabus extends beyond the initial 12 months of her card due to mandatory internships in companies.
• Elena requests an extension (prórroga) of the Arraigo para la Formación for an additional 12 months, providing a certificate from the business school justifying the need to extend the training period to obtain the qualification. The extension is granted, allowing her to finish her studies legally before applying for her work authorization.

Mistakes you must avoid

The Arraigo para la Formación process is rigorous, and any procedural error can lead to the denial of the card and the loss of the time invested. Avoid the following common mistakes:

• Enrolling in non-approved courses: Undertaking online courses on platforms not recognized by SEPE or the Ministry of Education will immediately invalidate your application. Always make sure that the center and the course award an official qualification or certificado de profesionalidad.
• Exceeding 90 days of absence from Spain: If during the previous 2 years of continuous stay you have left the country for a cumulative total exceeding 90 days, your application will be denied for failing to meet the continuous residence requirement.
• Failing to submit proof of enrolment on time: You have an unextendable deadline of 3 months from the granting of the arraigo to submit proof of enrolment. If you are late by a single day, you will automatically lose the granted residence.
• Submitting an employment contract unrelated to the training: Upon completing the course, the contract you present to obtain the 2-year work permit must be directly linked to the subject you studied. You cannot study cooking and present a contract as a telecommunications installer.

Frequently Asked Questions (FAQ)

Can I work while studying under the Arraigo para la Formación?

No. The Arraigo para la Formación only grants a residence authorization, not a work permit. During the period you are undertaking your studies, you are not authorized to work as an employee or as a self-employed person. You can only work legally once you have finished the training and Extranjería approves the modification of your card after presenting an employment contract.

What happens if I fail the course or do not complete it?

If you do not pass the training or are expelled from the study center, you will lose the possibility of extending the arraigo and will not be able to apply for the 2-year work authorization. Passing the training is an indispensable and mandatory condition to be able to carry out the subsequent contract modification.

Can I apply for this arraigo if I have an active expulsion order?

No. If you have an active and decreed expulsion order, you must first resolve this legal situation before applying for any type of arraigo, including the training one, as the existence of precautionary measures or sanctions of this type blocks the granting of residence authorizations.

How much money do I need to prove I have to be granted this arraigo?

Unlike non-lucrative residence or standard student visas, the Arraigo para la Formación does not require proving the possession of minimum financial means (such as the IPREM) for its granting. However, you must keep in mind that, as you cannot work during the training year, you must have your own resources or family support to subsist in Spain during that period.

In summary

• The Arraigo para la Formación requires proving a continuous stay in Spain of at least 2 years, with maximum absences of 90 days.
• It is mandatory to commit to undertaking regulated, official training or training leading to a Certificado de Profesionalidad in an authorized center.
• Proof of course enrolment must be submitted within the strict deadline of 3 months from the notification of the granting of residence.
• The initial authorization lasts for 12 months, extendable for another 12 months if the duration of the training requires it.
• It does not allow working during the study period; to work, you must pass the course and present an employment contract related to the training received to obtain a 2-year permit.

General legal information, not personalised legal advice. For your specific situation, ask your question for free at AbogadoAI — answers grounded in Spanish law (BOE), in English.

This is general information, not legal advice. Verify on the BOE or consult a lawyer for your specific case.