The roots for training ruling in Bizkaia. Specific criteria

1. General principles

The “arraigo para la formación” is a new concept among the existing “arraigo”, applicable as of August 16, 2022 and included in article 124.4 of RD 629/2022 which modifies the previous immigration regulation.
Once granted, this authorization is valid for an initial period of 12 months, extendable, once only, for another period of 12 months, in cases in which

• (i) the duration of the training exceeds 12 months, or
• (ii) its duration exceeds the term of the first authorization granted.

This figure can only be used once and must wait for three years to be able to apply for it again.

2. Requirements 

The requirements established in the reform of the immigration regulations in this type of “arraigo” are as follows:

• To be a foreigner and to prove a continuous stay illegally in Spain for a minimum period of two years. These two years can be prior to August 16.
• To lack a criminal record in Spain (same regulation as in the Basque Country).
• No criminal record in the country of origin or in the country where he/she has resided in the last 5 years.
• Sign a commitment to take a regulated training course.
• To have paid the fee of 38 euros at the time of application.

3. Type of training allowed

• High and intermediate Professional formation-training.
• Certificates of professionalism and regulated training from authorized centers.
• Professional qualification required for the exercise of a specific occupation or one promoted by the Public Employment Services (in our case in Bizkaia, including Lanbide) and oriented to the performance of occupations included in the Catalogue referred to in article 65.1. At this point we can highlight professional qualifications such as gas installer or truck drivers.
• Courses to broaden or update training or professional competences and skills, as well as other permanent training courses, within the scope of the universities’ permanent training. This point does not refer to university degree courses.

4. Procedure

Enrolment must be made within 3 months from the notification of the granting of the residence permit, providing a copy to the Immigration Office.
In cases where enrolment is subject to specific enrolment periods, proof of enrolment must be sent to the Immigration Office within a maximum period of 3 months from the end of said period.
Both the EX10 form and the responsible declaration available on the Ministry’s website must be included and signed.
Once the training has been completed and during the term of the stay authorization, the following must be submitted:

• (i) a residence and work authorization before the Foreigners Office together with an employment contract (minimum of 30 hours per week and with an indefinite contract related to the training carried out).
• (ii) The work to be carried out must be related to the training, although it is true that the spirit of this “arraigo” is to make it possible and allow the entry to work of people who have completed training related in some way to the job.
• (iii) proof of having passed the training.

5. Specific characteristics in Bizkaia

The criteria included in this article were shared by the Bizkaia Immigration Office with the lawyers’ bar association in November 2022.
The main difference with the rest of the State is that in Bizkaia, even before this figure of the “arraigo para la formación”, the prior registration of an irregular foreigner as a “training applicant” (not a job applicant) in Lanbide, was already allowed, as it is today.
This prior registration has always allowed the training of irregular persons (even prior to the entry into force of the regulation).
Therefore, in the cases in which the foreigner is already “registered” in Lanbide, unlike in other autonomous communities, it will not be necessary to register first as a “training applicant or pre-job seeker”, do the application and get back to the office to be able to be listed as “training seeker”. This will allow to enter formations and apply without the need to wait for the resolution of the authorization.

6. Specific procedure in Bizkaia

• The application for authorization can be admitted once the course has already started and the enrolment has been completed. This criterion is radically more beneficial and different from the one followed in the rest of Spain, where first the training commitment must be made and then the enrolment.

• Courses recommended and managed by LANBIDE are admitted (The minimum duration of the course is 200 hours and it must be face-to-face).

• The training itineraries that include training and work practices managed by LANBIDE are admitted.

• The completion of high school courses (not further university) is allowed.

• If the course has not started, several trainings signed commitments can be presented in the application (i.e. the commitment to take three different courses, while waiting to find out in which one the student has obtained a place).

• The single 12-month extension may also be requested if the course has not been successfully completed (i.e., it has been suspended).

• The criminal record of the last five years of the country of residence or the previous five years is understood as the criminal record of the country of residence prior to entry into the Basque Country (and those five previous years). This crucial document must be translated by a sworn translator and legalized with the Hague apostille.

• The way to prove the minimum residence of two years is of vital importance. For this any means of proof is admitted: Historical certificates of census, movements of bank accounts, Barik card, cards of libraries or sport centers, among others.

If you want to review the documentation of your roots for training or want us to manage and present it on your behalf, do not hesitate to write to us through our form.