Social-Formative Roots

The recent reform of the Immigration Regulation, approved in November 2024, introduces a series of important changes that affect the processes of obtaining residence permits for foreigners in Spain. Among the most notable modifications is the name change from “arraigo por formación” to “arraigo socioformativo.” This new designation reflects the intention to simplify procedures and expedite the processes for applicants.

One of the main objectives of the new regulation is to optimize administrative management by eliminating duplications and reducing bureaucracy, which will help avoid situations of irregularity and ensure better social and labor integration for immigrants in Spain.

Furthermore, the regulation also focuses heavily on combating fraud and the exploitation of the rights of foreigners. Through this approach, the goal is to balance the needs of the Spanish labor market with the protection of immigrants.

What is Arraigo Socioformativo?

Arraigo socioformativo is a type of temporary residence permit aimed at foreigners who have lived in Spain for at least two years. This permit allows immigrants to regularize their situation by undertaking studies or professional training in Spain, promoting their integration both socially and in the workforce.

How to apply for Arraigo Socioformativo

To qualify for this residence permit, the applicant must meet the following requirements:

• Residence in Spain for the two years prior to the application.
• Enrollment in a training course or a commitment to do so, providing proof of enrollment within three months following the notification of the resolution of the authorization.
• Social integration report in Spain.

Requirements for Socioformative Residency

A temporary residency permit through socioformative roots can be granted under the circumstances established in the previous article, provided that the foreigner cumulatively meets the following general requirements:

• Be present in Spain and not be a seeker of international protection at the time of the application or during the process.
• In this case, a person seeking international protection is defined as a foreigner who has submitted a protection request for which a final resolution, either administrative or judicial, has not yet been issued.
• Have resided continuously in Spain for at least the two years preceding the application. In this case, if the foreigner was a seeker of international protection, the time spent in Spain during the processing of such a request will not be counted until a firm resolution, either administrative or judicial, is made.
• Family roots will not require any minimum period of stay.
• Not pose a danger to public order, security, or public health.
• Not have criminal records in Spain or in countries where the foreigner has resided in the last five years before entering Spain, for crimes punishable under Spanish law.
• Not be listed as undesirable in countries with which Spain has such agreements.
• Not be under an obligation to refrain from returning to Spain.
• Have paid the corresponding fee for the processing of the procedure.

The following specific requirements are essential:

• Enrollment in a Course or Commitment to Studies

• You must be enrolled in a course or commit to completing specific studies or training.

Social Integration Report in Spain

A social integration report is also required.

Stay in Spain

For socioformative roots, you will need to prove a minimum stay of two years in Spain.

You can submit any document that demonstrates your presence in the country, such as invoices, money transfers, old registration certificates, among others.

Studying in Spain

This type of residency card is designed for foreigners to study and train in Spain.

You can pursue studies in:

• Vocational Training
• Specialized Courses
• Training aimed at obtaining a level 2 or 3 Professional Certification

This training can be:

• In-person
• Blended (with at least 50% of the training being in-person).

Types of Training Allowed Under Socioformative Roots

Socioformative roots allow for a variety of courses, including:

• Post-Obligatory Secondary Education, in either in-person or blended mode (with at least 50% of the classes in-person).
• Professional Certification in Vocational Training (FP) at levels 1, 2, or 3, both in-person and blended.

It is important to note that university studies are not considered under this modality, as individuals with this type of education can apply for other types of residence permits.

One of the great advantages of this new modality is that applicants can be enrolled in their training at the time of the application, without needing to wait to start new courses, as was previously required for training-based residency applications.

Enrollment Process

To apply for socioformative roots, the applicant must present their enrollment at the immigration office within three months following the notification of the favorable resolution. If the course has an official enrollment deadline, the residency application must be submitted at least two months before that deadline.

Social Integration Report for Socioformative Roots

One of the updates introduced by the reform is the requirement to submit a Social Integration Report, which was not previously necessary.

What is the Social Integration Report?

This report is a document issued by the Autonomous Community that certifies the applicant’s social integration in Spain. It covers aspects such as:

• Duration and locations of the stay in the country.
• The applicant’s family ties with other residents in Spain.

Some argue that this requirement represents a step backward. Many local councils and municipalities are overwhelmed, causing significant delays in obtaining these reports. Requiring this report only adds further delays to the process, making it more complicated.

Although the Social Integration Report demonstrates integration in the country, for foreigners who have been in Spain for more than two years, the desire to receive training in the country is already an indication of integration.

Despite the regulations allowing for integration to be proven with other documents, it is still unclear whether applications will be accepted without this report.

Working with Socioformative Roots

One of the major updates, and something highly requested, is that those who obtain this permit will be able to work up to 30 hours per week, which was previously not allowed.

Additionally, it has been established that the minimum salary must be at least the minimum interprofessional wage or the salary specified in the applicable collective agreement at the time of the application.

The extension of the Socioformative Residence Permit will depend on the report from the educational institution where the training is conducted, certifying that the student has benefited from the course. If the training ends before the year is up, the extension will be conditioned on proof of the obtained qualification and, if applicable, the existence of an employment relationship or, if not, the active job search status according to the current regulations.

Legal Framework for Socioformative Roots

Royal Decree 1155/2024, of November 19, regulates in detail the procedure for granting temporary residence permits for roots, including socioformative roots, in accordance with Article 54 of the Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration.

This regulation establishes the requirements and procedures for accessing various types of residence permits in Spain, with the aim of ensuring the integration of foreigners in the country through measures that promote their education, stability, and participation in social and economic life. In particular, socioformative roots are one of the modalities for foreigners seeking to regularize their situation through studies or specific training.

Applicable Regulations:

• Organic Law 4/2000, of January 11: Establishes the fundamental rights of foreigners in Spain, including their right to integration, and regulates the procedures for residence and work permits.
• Royal Decree 1155/2024, of November 19: Regulates the specific aspects of socioformative roots, the general requirements, and the procedures for obtaining residence permits, as well as conditions for extending permits, working during training, and additional requirements such as the social integration report.
• Immigration Regulations: Royal Decree 1155/2024 develops the legal framework of Organic Law 4/2000, ensuring its adequacy and update to the current needs of social integration and training for foreigners in Spain.

Entry into Force of the Immigration Regulation Reform for Socioformative Roots

The reform of the Immigration Regulation sets an implementation period of six months, meaning the new regulations will begin to apply on May 20, 2025. This gives us several months to apply for this permit.

Frequently Asked Questions about Socioformative Roots

1. Can I work with the Socioformative Root? Yes, the socioformative root allows holders to work up to 30 hours per week in Spain. The minimum salary must be equal to the minimum interprofessional wage (SMI) or the salary specified in the applicable collective agreement, proportional to the hours worked.
2. Can the Socioformative Root be extended? Yes, this residence permit can be extended for an additional year in the following cases:
   • If the course lasts more than a year.
   • If there is an employment relationship during the training period.
   • If the applicant is actively searching for a job (registered as a job seeker with SEPE).
3. What happens if I change courses during the training period?
   • It is possible to change courses, but it is essential to:
   • If the new course belongs to the same professional family: Notify the change and continue with the training.
   • If the new course does not belong to the same professional family: Prove that the new enrollment meets the requirements of the Socioformative Root and complete the enrollment within three months from the granting of the authorization.
4. What happens if I don’t meet the requirements of the Socioformative Root? If you do not meet the requirements, you will not be able to access this type of residence permit. It is advisable to consult with an immigration lawyer to explore other available options.