The Government has approved Royal Decree 629/2022, of 26 July, which amends the Regulation of Organic Law 4/2000, on the rights and freedoms of foreigners in Spain and their social integration, following its reform by Organic Law 2/2009, approved by Royal Decree 557/2011, of 20 April.
A reform with the aim of regularising thousands of people in an irregular immigration situation with the objective of integrating them into the labour market. This new measure contemplates the figure of “arraigo por formación”, whereby a foreigner with two years’ residence in Spain may obtain residency if he or she has been trained in an economic sector in need of labour.
This reform of the Law on Foreigners also seeks to facilitate the recruitment of personnel by minimising bureaucratic procedures when hiring people. In this way, recruitment will be extended to more sectors with different degrees of qualification. Foreign students will thus be able to benefit from the measure, as they will be able to combine their training with a job, up to a maximum of 30 hours.
In order to obtain the residence permit for training, it is necessary to prove that they have been in the country uninterruptedly for at least two years and have worked for a period of six months.
Section four of article 124 establishes that foreigners who can prove that they have been in Spain continuously for at least two years can obtain a residence permit for a period of twelve months. In addition, they must fulfil, cumulatively, the following requirements:
a) Lack a criminal record.
b) Undertake to undertake regulated training for employment or to obtain a certificate of professionalism, or training leading to obtaining the certificate of technical aptitude or professional qualification necessary for the exercise of a specific occupation or one promoted by the Public Employment Services and aimed at the performance of occupations included in the Catalogue referred to in Article 65.1, or, within the scope of the ongoing training of the universities, undertake to take courses to broaden or update training or professional skills and abilities, as well as other ongoing training courses. For this purpose, enrolment must be completed within three months of the notification of the decision granting the residence permit.
It may be extended only once
This residence authorisation may be extended only once for another twelve-month period in cases where the training lasts longer than twelve months or its duration exceeds the duration of the first authorisation granted.
Once the training has been completed, and during the period of validity of the residence permit, the interested party shall submit the application for a residence and work permit to the Aliens Office together with an employment contract signed by the worker. In such cases, the Aliens Office will grant a two-year work permit.
If you need assessment to find out if you meet this criteria and wish to apply for this type of permit feel free to contact us.