ICEX-INVEST IN SPAIN

Residence Programme. Entrepreneurs Law

Intra-Corporate Transferees

Intra-Corporate Transfer of Groups of Professionals. Streamlined process.

Intra-Corporate Transferee ICT UE Residence.

Intra-Corporate Transferee National Residence.

Intra-Corporate Transfer of Groups of Professionals. Streamlined process.

Companies or corporate groups may apply for an Intra-Corporate Transfer of Group for management staff and highly qualified professionals on the basis of a temporary quota provided they 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 registered 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.

Upon application, companies or corporate groups will be exempt to provide evidence of the following requirements:

• There must be a real business activity and, if applicable that of the corporate group.

• The foreigner must have a graduate degree or a minimum of three years professional experience.

• There must be a previous and continuous labour or professional relationship over a three-month period with one or more companies of the group.

• Documents from the company confirming the transfer to Spain.

Nevertheless, fulfilment of the above requirements may be checked by the Authorities and the Company must have the corresponding documentation.

Intra-Corporate Transferee ICT UE Residence.

Temporary transfers of management staff, experts or for professional training, from companies outside the EU to an entity of the same company or corporate group in Spain, workers holding a bachelors degree, for a period up to three years in the case of management staff or experts and of one year for professional training.

Holders of an Intra-Corporate Transferee ICT UE Residence authorization issued in Spain may visit, reside and work in another EU Member State after communicating or applying for authorization from those States.

Entities based in other UE Member States may transfer to Spain holders of an Intra-Corporate Transferee ICT UE Residence authorization during its period of validity, after communication to the Unit for Large Companies and Strategic Sectors in Spain.

Intra-Corporate Transferee National Residence.

In cases not considered by the Intra-Corporate Transferee ICT UE Residence authorization or once the authorization period has expired, companies or corporate groups located in Spain or in another country transferring to Spain one or more foreigners to work or to carry out a professional training may apply for an Intra-Corporate Transferee National Residence authorization in the framework of the Law 14/2013 on Support of the Entrepreneurship and its Internationalization.

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.

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

• No Economic Needs Test is applied.

• Free movement within the Schengen member states.

• Streamlined processing: 10 days for visas and 20 days for residence authorizations, combined processing for family members.

• Residence permit procedures centralised at the Large Business and Strategic Sectors Unit.

• Foreign employees of companies that do business abroad and whose operations are based in Spain may renew their residence permits even when they are absent for periods exceeding six months, provided that these are duly justified.

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

• There must be a real business activity and, if applicable, that of the corporate group.

• The foreigner must have a graduate degree or a minimum of three years professional experience.

• There must be a previous and continuous labour or professional relationship over a three-month period with one or more companies of the group.

• Documents from the company confirming the transfer to Spain.

PROCESS

1º APPLICATION FOR AN INTRA-CORPORATE TRANSFER RESIDENCE AUTHORIZATION

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 or entity hiring the foreign professional.

DOCUMENTATION (translated into Spanish):

• Application form for the applicant. 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 valid for a maximum of six months must submit the background check of the country or countries of residence in the last five years.

Specific documents:

Documents certifying:

• A real business activity and, if applicable, that of the corporate group.

• Foreigner’s graduate degree or a minimum of three years professional experience.

• A previous and continuous labour or professional relationship over a three-month period with one or more companies of the group.

• The company’s confirmation of the transfer to Spain.

2º APPLICATION FOR A VISA FOR AN INTRA-CORPORATE TRANSFER RESIDENCE

Candidates who are abroad must apply for a visa once the entity has obtained the Intra Corporate Transfer residence authorization 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:

• Intra Corporate Transfer residence authorization issued by the UGE-CE.

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 

 

 


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Last updated: 29|11|2016

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