ICEX-INVEST IN SPAIN

Residence Programme. Entrepreneurs Law

Highly Skilled Professionals

Companies incorporating non EU foreign professionals: management staff, highly qualified professionals and graduates or postgraduates from universities and prestigious business schools for a professional or employment relationship may apply for a residence authorization for highly skilled professionals.

• A single authorization for living and working valid anywhere in Spain.

• Free movement within the Schengen member states.

• Streamlined processing: 20 days for residence authorizations and 10 days for visas.

• Combined processing for family members.

At the time of application, foreign nationals may be outside Spain or residing legally in the country. If they are outside the country, they must apply for the relevant visa at the Spanish Consulate in their country of origin or residence once the company has obtained the residence authorization.

REQUIREMENTS

PROCESS

DEADLINES

REQUIREMENTS

General requirements

• Not be in Spain in an irregular situation.

• Be over 18 years of age.

• Have no criminal record in Spain or in the countries where they have resided for the past five years, for offenses defined in the relevant Spanish legislation.

• Not be subject to an alert issued for the purposes of refusing entry in the territorial space of countries with which Spain has signed an agreement in this regard.

• Have a public or private health insurance policy with an insurance company authorised to operate in Spain.

• Have sufficient financial resources for themselves and their families during their residence in Spain.

• Have paid the visa or authorization processing fee.

The spouse or common-law partner and any children under 18 years of age or those of legal age who cannot provide by themselves and have not constituted their own family unit and parents who are dependant, who accompany or join the foreigner may apply jointly and simultaneously or successively for their authorization and, where appropriate, their visa. In this case, evidence must be provided of being in compliance with the requirements listed in the preceding paragraph.

Specific requirements

• Management staff and highly qualified professionals of a company or group of companies that fulfill any of the following requirements:

- An average staff of more than 250 employees in Spain within three months prior to the application.

- An annual net turnover in Spain exceeding €50 million.

- An equity or net assets value in Spain exceeding €43 million.

- An annual average gross investment volume from abroad of a minimum of €1 million in the three years immediately before submission of the application.

- Companies with an investment stock value over €3 million according to the Foreign Investment Registry of the Ministry of Economy and Competitiveness.

- Management staff and highly qualified professionals of SMEs belonging to a strategic sector, certified by the Directorate General for Trade and Investment.

Compliance with these requirements must be certified once and will be registred by the Unit of Large Companies and Strategic Sectors (UGE-CE) This registration will be valid for three years and can be renewed provided the requirements are maintained.

• Management staff and highly qualified professionals of a business project in Spain that represents either:

- A significant increase or maintenance of employment within the company, the activity sector or region where the activity is to be carried out.

- A significant investment with a socio economic impact in the region where the activity is located.

- Reasons in the general interest for trade policy and investment.

- A significant contribution to scientific and/or technological innovation.

• Graduates and post-graduates from universities and prestigious business Schools.

PROCESS

1º APPLICATION FOR A RESIDENCE AUTHORIZATION FOR HIGHLY SKILLED PROFESSIONALS

WHERE: The Large Business and Strategic Sectors Unit [Unidad de Grandes Empresas y Colectivos Estratégicos (UGE-CE)]. The application must be made online through the electronic site of the Ministry of Employment and Social Security. Click here to apply online (in Spanish)

WHO: The Company hiring the foreign professional.

DOCUMENTATION (translated into Spanish):

• Application form for the professional. Click here to download the application form*. Please find an English translation to help you filling the official Spanish form here

• Application form for family members, if it is the case. Click here to download the application form*. Please find an English translation to help you filling the official Spanish form here

• Fee. Click here to download the application form.

General documents:

• Identity document or passport of the applicant and family members, if it is the case.

• Public or private health insurance taken out with a company operating in Spain, except if the activity to be developed in Spain will require the registration within the Spanish Social Security System.

• Background check.

• Proof of sufficient funds to support the applicant and members of his/her family during the period of residence in Spain, if it is the case, by the corresponding labour, professional contract or training agreement.

• Authorization processing fee.

• Candidates who are legally in Spain at the time of the application: holders of a stay permit or study permit for less than six months, must submit background check of the country or countries of residence in the last five years.

Specific documents:

• Certificates of the applicant company: copy of the NIF and public document appointing the company’s representative with capacity to sign the application and his/her identity document (DNI, NIE). Power of attorney granted by the company´s representative to a legal representative if this is the case.

• Copy of the labour contract or professional relationship agreement signed by both parties.

• Job description, curriculum vitae and, when applicable, university degree or equivalent qualification.

• Documents certifying that any of the following:

- Workforce of more than 250 employees.

- Business turnover.

- Graduates and postgraduates of universities: university degree or qualification from a prestigious business school.

- Foreign investment: Foreign Investments Registry Certificate.

- Strategic Sector: Report from the Directorate- General for Trade and Investment, Ministry of Economy and Competitiveness.

- Projects considered to be of general interest: Report from the Directorate-General for Trade and Investment, Ministry of Economy and Competitiveness.

APPLICATION FOR A FAVOURABLE REPORT OF STRATEGIC SECTOR OR PROJECT IN THE GENERAL INTEREST

WHERE:

The company must fill out an application form (click here to download the form), attaching the company’s deed of incorporation and a description of the project, and apply for it to the Directorate-General for Trade and Investment (Subdirección General de Comercio Internacional de Servicios e Inversiones, Dirección General de Comercio Internacional e Inversiones) and submit it at the Registry of the Ministry of Economy and Competitiveness (Paseo de la Castellana, 162, Madrid) or at any Public Registry in Spain.

2º APPLICATION FOR A VISA FOR HIGHLY SKILLED PROFESSIONALS

Candidates who are abroad must apply for a visa once the company has obtained the residence authorization for highly skilled professionals from the UGE-CE.

WHERE: The Spanish consulate in the applicant’s country of residence. Select the Spanish office of representation of your place of residence.

DOCUMENTATION (translated into Spanish):

Visa application form: Information at the Consulate.

General documents:

• Identity document or passport.

• Background check.

Specific documents:

• Residence authorization for highly skilled professionals issued by the UGE-CE in Spain.

3º APPLICATION FOR A RESIDENCE CARD FOR FOREIGNERS

WHERE: Police station. Select the police station nearest to your address.

WHO: The residence authorization holder in person.

DOCUMENTATION:

• Application for a residence card for foreigners, for every family member if it is the case. Click here to download the application form*. Please find an English translation to help you filling the official Spanish form here

• Passport.

• Copy of residence authorization.

• Three photographs.

• Payment of fees: residence card.

DEADLINES

Decisions on visa applications will be made and notified within 10 working days, except in the case of applicants subject to prior consultation as provided for in Article 22 of the Visa Code, in which case the decision time period will be that provided for as a general rule in the mentioned Code.

The residence authorizations will be processed by the Unit for Large Companies and Strategic Economic Sectors in a maximum time delay of twenty days from the filing of the application. If after this time period, a decision has not been adopted, the authorization will be deemed to be granted due to administrative silence.

 

 


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Last updated: 29|11|2016

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