Residence Program for Business Transfer
On September 27, 2013, the Law to support entrepreneurs and their internationalization was approved, which introduced a new framework for qualified immigration, which favors the international mobility of highly qualified professionals and is intended to attract talent and foreign investment.
Non-EU foreigners who travel to Spain within the framework of an employment or professional relationship or for professional training reasons, with a company or group of companies established in Spain or in another country, can apply for a visa or residence authorization.
The residence authorization for intra-company transfer will have two modalities:
Residence authorization for intra-company transfer ICT UE: This authorization will proceed in the event of temporary trips to work as a manager, specialist or for training, from a company established outside the European Union to an entity belonging to the same company or group of companies established in Spain.
For these purposes it will be understood by:
Executive, one whose functions include the management of the company or a department or subdivision thereof.
Specialist, who has specialized knowledge related to the activities, techniques or management of the entity.
Worker in training, a university graduate who is posted in order to obtain training in the techniques or methods of the entity and to receive remuneration for it.
National residence authorization for intra-company transfer. This authorization will proceed in the cases not contemplated above or once the maximum duration of the transfer foreseen in the ICT UE intra-company transfer has elapsed.
Types of permits, conditions and duration
Residence authorization: when the applicant is legally in Spain, he / she will obtain a permit for 2 years or for the duration of the contract if it is less, to reside and work throughout the national territory.
Residence authorization for intra-company transfer ICT UE: The maximum duration of the transfer will be 3 years in the case of managers or specialists and one in the case of workers in training.
National residence authorization for intra-company transfer: The maximum duration of the transfer will be 2 years or the contract period if it is less, renewable.
Where to submit the residence application?
Residence authorization: in the Large Companies and Strategic Groups Unit. UGE-CE
General documents: consult General Information.
Specific documents for the Highly Qualified Professional: Documents that certify:
The existence of a real business activity and, where appropriate, that of the business group.
Higher or equivalent qualification or, where appropriate, a minimum professional experience of 3 years.
The existence of a labor or professional relationship, prior and continuous, of 3 months with one or more of the group companies.
Documentation of the company that proves the transfer.
In the case of residence authorization for intra-company ICT UE transfer:
Holders of a valid EU ICT intra-company transfer residence permit, issued by Spain, may enter, reside and work in one or more Member States after communicating or requesting authorization, where appropriate, to the authorities of said States in accordance with its regulations in application of Directive 2014/66 / EU of the European Parliament and of the Council, of May 15, 2014, regarding the conditions of entry and residence of third-country nationals in the framework of intra-company transfers.
Entities established in other Member States of the Union may, after notifying the Large Companies and Strategic Collectives Unit, move to Spain foreign holders of an ICT UE intra-company transfer authorization during the validity of said authorization.
Exceptions from the EU ICT
The General Directorate of Migration may object, in a reasoned manner, to mobility within a period of 20 days from the request, in the following cases:
When the conditions set forth in this article are not met.
When the documents presented have been fraudulently acquired, or have been falsified or manipulated.
When the maximum duration of the transfer has elapsed. In the event of opposition by the General Directorate of Migration, the first State will allow the re-entry without further formalities of the displaced foreigner and his family. If the displacement to Spain had not yet occurred, the refusal resolution will prevent the same