This new act makes it easier for the intra company employee to obtain his work and residence permit from the spanish legal authorities.

 

 

August 2014

This new act makes it easier for the intra company employee to obtain his work and residence permit from the spanish legal authorities.

The objective of this new act is to undertake favourable reforms for growth and increased economic activity, seeking to strengthen and internationalize Spain’s business network in a long-lasting manner.

To offer more opportunities to hire international «talent», entailing a transer of IT between companies, which is essential for innovation in Spanish companies.

To encourage the internationalization of the Spanish economy and to attract investment and talent. Who does this new act benefits?

-Investors

-Entrepreneurs

-Researchers

-Highly qualified professionals

-Intra-company workers

Here is a comparison with the actual foreigners act and how the new entrepenerurs act differences from it.

 

Foreigners Act

Entrepreneours Act
Requirements

  • Confirmation of ordinary residence in the worker’s country of origin
  • 1 year’s experience in the work post
  • University degree not required
  • Employment relationship with the relocating company (at least 9 months before)

Procedure:

  • Processing before the Government Office in Las Palmas
  • Legal processing term: 3 months
  • Entitled subject: foreign company acting through an Attorney in Spain (POA)
  • Duties levied on work and residence permits (> 390 Euros)
  • Need to file an application whilst the foreigner is outside Spain / application for a visa at the Spanish Consulate / entry into Spain with a visa

Documents:

  • Services Agreement
  • Notarial Power of Attorney (POA)
  • Social Security (Contribution Account / Registration in the SS system)

Other Information

  • Specific limits on occupation and territorial scope
  • Length of the permit: 1 year + 1 year + (Bilateral Treaty limit)
  • Visas: 90 days with various entries (in general)
  • Validity of the permit: since the worker entered Spain (entrance seal)
  • Need for a card (TIE), if the permit is for more than 6 months

 

 Requirements

  • No need to confirm residence in the worker’s country of origin
  • University degree or 3 years’ experience
  • Employment or professional relationship with the relocating company (at least 3 months before)

Procedure:

  • Processing before the Directorate of Immigration/Foreigners Unit (Madrid)
  • Legal processing term: 20 days
  • Entitled subject: Spanish company through an unofficial authorisation
  • Duties: none (for the moment)
  • Option: to follow the general procedure or to file an application when the foreigner is provisionally in Spain:
    • No need to return to his country in order to apply for a visa
    • Certificate of criminal record provided with the application

Documents:

  • Services Agreement
  • No need for a POA; just the company’s Identification Certificate
  • Social Security (Contribution Account / Registration in the SS system)

Other information

  • No limits on occupation or territorial scope
  • Length of the permit: 2 years + 2 years + (Bilateral Treaty limit)
  • Visas: 1 year (5 years maximum) with 1, 2 or more entries
  • Validity of the permit: following notification of the General Directorate of Immigration’s decision.
  • TIE not required the first year.