Roots for Training

The roots for training permit, introduced by Royal Decree 629/2022 of July 26 and recently clarified by Immigration Instruction SEM 1/2022, represents an innovative form of temporary residence authorization under exceptional circumstances in Spanish immigration law. Its primary objective is to facilitate the labor market integration of foreigners in irregular situations, combat precarious employment, and align the hiring of immigrant workers with the needs of the labor market.

Requirements for Roots for Training in Spain

What is Roots for Training in Spain?

Roots for training, also known as “roots for studies,” is a legal framework regulated under Article 124 of the Immigration Regulations. It allows foreigners in irregular situations to obtain a temporary residence authorization for twelve months, provided they meet the following requirements for a training-based roots residency.

Requirements for Roots for Training

These are the main requirements to apply for roots for training:

1. Proof of Continuous Residence: The applicant must demonstrate uninterrupted residence in Spain for at least two years.
2. No Criminal Record: The applicant must not have a criminal record in Spain, their country of origin, or any countries of residence during the last five years.
3. Commitment to Training: The applicant must commit to completing regulated training for employment, obtaining a professional certificate, or pursuing education leading to technical certification or professional qualification. University-level continuing education courses are also valid. Enrollment must be formalized within three months of receiving the residence authorization.
4. Not an EU Citizen: The applicant must not be a citizen of an EU member state or prohibited from entering Spain.
5. Payment of Fees: The corresponding fees must be paid within the established timeframe.
6. Commitment to Enrollment: The applicant must formally commit to undertaking regulated training for employment or obtaining a professional certificate.

The initial authorization is granted for one year and can be extended for an additional year if the training exceeds twelve months or cannot be completed within the initial timeframe. Applicants must already be in Spain and meet all requirements for training-based roots residency. Compliance with the enrollment commitment is essential.

Benefits of Roots for Training

This new type of residency benefits not only irregular migrants but also the Spanish labor market by integrating qualified individuals and addressing labor demands in specific sectors. Applicants can apply the skills acquired during their training and must meet all requirements outlined above.

Documentation for Roots for Training

To process the application, the following documentation is required:

• Application Form: Official form EX-10, completed and signed in duplicate by the applicant.
• Copy of Passport: A complete photocopy of the passport, travel document, or registration card with a minimum validity of four months.
• Proof of Continuous Residence in Spain: Documents demonstrating uninterrupted residence in Spain for at least two years. Valid examples include:
  • Registration certificates.
  • Records of hospitalization or public healthcare consultations.
  • Documentation issued by municipal, regional, or state authorities.
  • Bills, receipts, etc.
• Criminal Record Certificate: Issued by the authorities of the countries where the applicant resided during the five years prior to entering Spain.
• Training Commitment: Included in the official application form or as a written declaration specifying the type of training, program details, institution, duration, and expected enrollment date.

Note: Documents issued outside Spain must be translated into Spanish or the co-official language of the region where the application is submitted. They must also be legalized or apostilled, and translations must be completed by a sworn translator.

Eligible Training and Courses for Roots Residency

The instructions detail the various training options that applicants can undertake to meet the commitment requirements. These include:

1. Regulated Training in the Vocational Training System:
   • Professional Certificates, Specialization Courses, Vocational Training Titles, and Competency Certificates.
   • Training must be official and provided by an accredited institution.
2. Training for Technical Certification or Professional Qualification:
   • Aimed at obtaining certifications required for specific occupations.
3. Training Promoted by Public Employment Services:
   • Must be included in the Catalog of Training Specialties.
   • Applicants must register as job seekers, which is possible once the roots residency is authorized, and the N.I.E. is obtained.
4. Official Master’s Degrees and Continuing Education at Universities:
   • Courses for professional skill development and training in the university field.

Course Requirements for Roots for Training

These are the valid courses and conditions to be considered for training-based roots residency:

• Must be at least 200 hours in duration.
• Must be employment-oriented.
• Can be in-person or hybrid formats.
• Must begin within 90 days of submitting the application.
• Cannot exceed two years in duration, as the permit can only be renewed once.

Steps to Submit the Roots for Training Application

If you are wondering how to apply for roots for training, follow these detailed instructions for submission:

1. Choosing a Course That Meets Requirements

The first step is to select a course from the options mentioned earlier and prepare a declaration using an immigration form committing to complete the chosen training. It is important to note that you DO NOT need to enroll or pay for the course at this stage (especially if choosing a private school). Instead, provide details such as the course name, hours, code, location of the training center, and class schedule.

2. Submitting the Roots for Training Application

Applicants can submit their roots for training application either online through the Mercurio Platform or in person (by appointment) at the Immigration Office corresponding to their residence. The application must be submitted by the foreigner personally or by their legal representative if they are a minor or incapable. Applicants must be at least 16 years old.

3. Approval and Obtaining the TIE

Once the roots for training authorization is approved, it is time to schedule an appointment for fingerprinting and later collect the Foreign Identity Card (TIE) for training-based roots residency at the immigration police office.

4. Enrollment Process After Approval

After the residence authorization is granted and the training commitment is assumed, the applicant must present proof of enrollment within three months of the notification of approval at the Immigration Office. If the enrollment does not meet the requirements for training-based roots residency or is not submitted within the deadline, the Immigration Office may revoke the authorization. Therefore, it is crucial to complete this step and ensure that the process is not considered final until enrollment proof is submitted following the exceptional authorization approval.

For enrollment in a Level 1 Professional Certificate program, no prior academic or professional qualifications are required, making it accessible for individuals without validated or homologated degrees.

Work Permit During Roots for Training

After completing the training and while the residence authorization is still valid, the individual can apply for a residence and work permit at the Immigration Office. This application must include a work contract guaranteeing at least the minimum wage and proof of successfully completing the prescribed training. In such cases, the Immigration Office will grant a two-year authorization allowing the individual to work.

It is crucial to note that failing to fulfill the training commitment or not submitting the required documentation within the stipulated deadlines may result in the termination of the residence authorization.

Can You Work with Roots for Training?

Upon successfully completing the training, the individual may apply for a work and residence permit by presenting proof of training completion and a work contract that guarantees at least the minimum wage for the specific field of training. For example, if you complete vocational training in automotive repair, you would not qualify for a work permit in administrative roles.

What Kind of Contract Do I Need for Roots for Training?

According to Instruction 1/2022, the contract must be in the same professional field as the training completed and must guarantee compliance with the applicable sector’s minimum wage standards. While the instruction does not specify a minimum contract duration, it is generally expected to cover at least one year.

Contracts must comply with all labor law requirements and can include various contractual modalities, such as permanent, fixed-discontinuous, or temporary contracts, as long as they ensure compliance with the minimum wage on an annual basis. Contracts must also meet the minimum weekly working hours requirement: 30 hours per week, or 20 hours per week in specific cases, such as when the worker is responsible for minors or individuals requiring support for the exercise of legal capacity.

Changing Roots for Training to a Work Permit

The main procedure for obtaining a residence and work permit through roots for training is the modification of the roots for training permit to a residence and work permit. To apply for this modification, the following primary requirements must be met:

• Certificate of Successful Training Completion: Proof that the training has been completed satisfactorily.
• Pre-Contract for Roots for Training: A work contract in the same professional field as the training completed.

Renewal of Roots for Training in Spain

The renewal of roots for training in Spain can be extended under certain circumstances, such as when the training exceeds 12 months and cannot be completed within the initial period or if, after not passing the initial studies, the applicant proves re-enrollment in the same course to complete it. The renewal or extension of roots for training in Spain lasts an additional year. You can find more details in our article on the renewal of roots for training.

If you are going to apply for the extension of roots for training, keep in mind that you will need to present the criminal record from your country of origin again to be granted a new renewal for roots for training.

Frequently Asked Questions About Roots for Training

We answer all the questions regarding the roots for training requirements that our clients have asked:

1. Can I take the training at any center for the roots for training in Spain? The training must be done at accredited centers recognized by the competent authority. Both public and private centers offer a catalog of courses for roots for training where you can take these courses and be granted the residence permit for training.
2. Differences between roots for training and roots for work? Roots for training requires a commitment to training, while roots for work needs a work contract of at least six months during the stay or residency period. Both require a stay in Spain for at least two years, which must be demonstrated with evidence. With roots for work, a residence permit with work authorization is obtained, whereas with roots for training, only a residence permit WITHOUT work authorization is granted.
3. Can I enroll with just a passport if I am applying for roots for training in Spain? It is necessary to present the temporary residence authorization, the provisional NIE for roots for training, and the passport for public centers (such as SEPE). However, in private centers, it is possible to enroll and choose valid courses for roots for training.
4. Can I enroll with just primary education for roots for training? It depends on the type of training requested. Generally, no prior academic requirements are necessary for many free courses for roots for training, so anyone can access this program.
5. Minimum duration of courses for roots for training: The course must last at least 200 hours. It is also recommended to choose training that provides adequate preparation, such as professional certification.
6. Can I interrupt the training if I get a job contract? No, you must complete and pass the training before applying for a work and residence permit. The work contract must be related to the type of training you are pursuing. Specifically, the pre-contract must be in the same professional family as the course you are doing.
7. Does roots for training count toward applying for Spanish nationality? Yes, it is considered a legal residence permit, which is useful for later applying for nationality by residence.
8. Can I travel with roots for training in Spain? In principle, yes, although there is no specific information in the official instructions. Once the process is resolved favorably, traveling should be possible.
9. If I complete two years in Spain next month, can I apply for roots for training? No, you must have been in the country for at least two complete years.
10. How long does it take for Extranjería to process the roots for training application in Spain? The usual processing time is a maximum of 90 days to resolve applications. This timeframe respects the deadlines set by the regulations.
11. What happens if, after being granted roots for training, I don’t enroll in the course? Will they withdraw my NIE? Yes, the administration will revoke the permit if they do not receive proof of enrollment within three months of the application, officially notifying you of the cancellation.
12. Can I change schools once the permit has been granted? Yes, you can change training centers once the roots for training permit is granted. There may be several reasons for doing so, such as the course starting too late or no available spots in the initially chosen school.
13. Can I take a different course for roots for training once the permit has been granted? Yes, if it is in the same professional family, there would be no problem. If it’s in a different professional family, Extranjería may reevaluate the case.
14. How many times can I renew roots for training in Spain? You can only renew it once, and the reason for the renewal must be that the studies last longer than one year. The residency permit can be renewed for another 12-month period only once.
15. What can I study for roots for training? To apply for roots for training in Spain, you can choose from various study modalities that are officially recognized. This includes enrolling in vocational training programs, where you can choose courses from basic to advanced levels, as well as university studies, including undergraduate and master’s degrees.
16. Can I work with roots for training? With roots for training, you cannot work immediately. This type of residence permit is granted to allow foreigners to study in Spain, and generally, you can only work once you obtain the corresponding residence permit, either through a modification or other exceptional circumstances, which must be met as part of the requirements for residence for training.
17. Are there free courses for roots for training? Yes, there are free courses for roots for training that can help you meet the requirements for roots for training in Spain. These courses are generally offered through institutions like the State Public Employment Service (SEPE) and various vocational training institutions.
18. Does roots for training allow you to work? No, roots for training does not allow you to work. You must complete the training and then request a residence modification that includes work authorization.
19. What are the courses for roots for training? The residency for training allows foreigners in irregular situations in Spain to regularize their status by completing training courses aimed at improving their employability. The requirements for roots for training include having resided continuously in Spain for at least two years, committing to training that leads to a professional certification, having no criminal record, and not being an EU citizen. The valid courses for roots for training must be in-person or hybrid, with a specified duration, and focused on obtaining an officially recognized professional qualification in order for the studies to qualify for roots for training.