Traditionally, Spanish migration policy has been oriented towards the organisation of labour migration flows in accordance with the needs of the labour market, emphasising security aspects but disregarding the internationalisation of the economy. This concept, which was useful in the past, is now insufficient in the face of the new global economic reality.
Did you know that? The need to internationalize the Spanish economy, to promote the presence of foreign companies, to attract talent and foreign investment, to deseasonalise and diversify the Spanish tourism sector, as well as the need to eliminate barriers to foreign entrepreneurship and investment in business projects that have an impact on job creation, it was decided to carry out an assessment of the weaknesses and strengths of Spanish immigration regulations in 2012.
Since 2013, Spain has made a very important liberalisation effort with the International Mobility section of Law 14/2013. The new Law 14/2013, of 27 September, on support for entrepreneurs and their internationalization, establishes special procedures to facilitate the entry and residence of non-EU foreigners who come to Spain for work or professional reasons or for professional training, with a company or group of companies established in Spain or in another country.
This category includes all foreign citizens who move to Spain within the framework of a labour or professional relationship, or for reasons of professional training, with a company or group of companies established in Spain or in another country, so long as they can prove it:
- The existence of a real business activity.
- Higher degree or equivalent or, where appropriate, minimum professional experience of 3 years.
- Existence of a previous and continuous employment or professional relationship of 3 months with one or more of the companies of the group.
- Company documentation accrediting the transfer.
The authorization of Residence by Intercompany Transfer has two basic modalities that I describe next:
Residence permit for intra-company transfer ICT EU: In this case, it is a temporary transfer to work as a manager, specialist and/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. This type of authorisation allows companies based in Spain to transfer their managers, specialists and training workers to their centres and facilities.
- National residence permit for intra-company transfers: This permit is established for cases not contemplated in the previous modality, such as: the transfer of workers to develop a contract or professional relationship, or once the maximum duration of the transfer foreseen in the intra-company transfer ICT UE has elapsed..
In the case of a residence permit for an intra-corporate transfer ICT EU, the holder may enter, reside and work in one or more Member States after notifying or applying for authorisation, where appropriate, to the authorities of those States.
When the foreign citizen is legally in Spain, he/she obtains an authorisation with a validity of 2 years or equal to the duration of the contract, if less, to reside and work in all of the national territory. Residence is also possible for the applicant's family members such as spouse, minor children, dependent adults and dependent ascendants.
In the case of 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 1 year in the case of workers in training. This maximum duration conditions the possibility of renewing the authorization.
In the case of the national residence permit for intra-company transfers, the maximum duration is 2 years, renewable or equal to the contract if shorter.
It is important to have, in addition to general documentation such as a criminal record or public or private health insurance, documents that prove this:
- Existence of a real business activity, higher education qualifications or equivalent or, where appropriate, a minimum professional experience of 3 years;
- Existence of a previous and continuous employment or professional relationship of 3 months with one or more of the companies of the group;
- The reasons and reality of the move.
Note: The content of this page is merely indicative. Only the provisions of the regulations in force at the time of submission of the application are applicable.
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