ICEX-INVEST IN SPAIN

Residence Programme. Entrepreneurs Law

Intra-Corporate Transferees

Companies or corporate groups located in Spain or in another country transferring to Spain non EU foreign nationals within the framework of an employment or professional relationship or for professional training purposes, may apply for a residence authorization for intra-corporate transferees.

At the time of application, foreign nationals may be abroad or in Spain in a regular situation. If they are abroad, they must apply for the relevant visa at the Spanish Consulate.

• A single authorization for living and working valid anywhere in Spain, including relatives if they meet the expected age in labour regulations.

• No labour market test required.

• Free movement within the Schengen member states.

• Streamlined processing: 10 days for visas and 20 days for residence authorizations, procedures can be arranged through a representative.
• Combined processing for family members.

• The application for a residence permit will extend the validity of the residence or stay of the permit holder in Spain until the end of the procedure.

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

The Spanish migration framework offers two options for non EU intra-corporate transferees:

1. EU Intra-Corporate  transfer residence authorization (EU ICT)

Temporary transfers of managers, specialists or university graduates employees to carry out a professional training, from companies outside the EU to an entity of the same company or corporate group in Spain, for a period of up to three years in the case of managers or specialists and of one year for trainee employees.

Holders of an EU intra-corporate transfer residence authorization issued in Spain may enter, reside and work in other EU Member State provided they previously inform or apply for authorization to the authorities of those States.

Entities based in other UE Member States may transfer holders of an EU intra-corporate transfer residence authorization issued by those states to Spain during the period of validity of the authorization provided they previously inform and ask for authorization to the Unit for Large Companies and Strategic Sectors in Spain.

2. National intra-corporate transfer residence authorization

In cases not included in the EU intra-corporate transfer residence authorization (EU ICT), such as the transfer of workers to manage a contract or under a professional relationship, or once the maximum duration of the EU intra-corporate transfer residence authorization has expired, companies or corporate groups located in Spain or in another country, posting one or more foreigners to work or to carry out a professional training in Spain, may apply for a national intra-corporate transfer 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

• Evidence of a real business activity and, where applicable, that of the corporate group.

• The foreigner must have higher education qualification or a minimum professional experience of three years.

• The existence of a previous and continuous employment or professional relationship of three months with one or more companies of the group.

• Company documentation confirming the transfer to Spain.

PROCESS

1º APPLICATION FOR AN INTRA-CORPORATE TRANSFER RESIDENCE AUTHORIZATION

WHO: Application may be submitted by a representative.

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

DOCUMENTATION (translated into Spanish):

Application form:

• Application form for the intra-corporate transferee. Click here to download the application form*. Please find translations to help you filling the official Spanish form here

• Application form for family members, where applicable. Click here to download the application form*. Please find translations to help you filling the official Spanish form here

• Fee. Click here to download the application form

General documents: Click here to download information

Specific documents for intra-corporate transfers: Click here to download information

Documents for family members: Click here to download information.

INTRA-CORPORATE TRANSFERS OF GROUPS OF PROFESSIONALS. SIMPLIFIED PROCEDURE.

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 fulfil 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 asests 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, Industry and Competitiveness.

• SMEs belonging to a strategic sector, certified by the Directorate General for Trade and Investment.

Compliance with these requirements shall be certified just once and will be registered by the Unit of Large Companies and Strategic Sectors (UGE-CE) for three years on a renewable basis, provided the requirements are maintained.

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

• 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 bea 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.

Any modification to the requirements must be notified to the Unit for Large Companies and Strategic Sectors within a 30-day period.

2º APPLICATION FOR A VISA FOR AN INTRA-CORPORATE TRANSFEREE

Candidates who are abroad must apply for a one-year visa submitting to the Spanish Consulate the intra-corporate transfer residence authorization issued by the UGE-CE to the company in Spain.

WHO: Application may be submitted by a representative.

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

DOCUMENTATION: Information at the Consulate.

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 translations to help you filling the official "MI-TIE" Spanish form here.)

• Passport.

• Copy of residence authorization.

• Three photographs.

• Payment of fees: residence card.

4º RENEWAL OF RESIDENCE AUTHORIZATIONS

The renewal may be applied for 60 calendar days prior to the expiration of the permit or within 90 calendar days thereafter, without prejudice to the initiation of the corresponding sanctions proceeding.

WHO: Application may be submitted by a representative.

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

DOCUMENTATION:

Application form:

• Application form for the authorization holder: Click here to download the application form *. Please find translations to help you filling the official Spanish form here

• Application form for relatives: Click here to download the application form *. Please find translations to help you filling the official Spanish form here

• Fee: Click here to download the application form.

Documentation required for renewals: Click here to download information.

- Model of sworn statement of maintenance of the family bond: Click here to download model

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. 


*Download brochure in PDF, editable format, does not work with all versions of browsers. More information.


Last updated: 08|02|2018

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