Intra-company transfer in Spain: how to obtain it?

Business start-up in Spain, Legal in Spain, Living in Spain, Management Leave a comment   Published on par Jonatan Carbonell

In order to internationalize the economy, the Spanish Government has created the intra-company transfer, which allows the temporary relocation of foreigners in a multinational company located in the country. Would you like to know how to apply for this permit? Do you know what its benefits are? Continue reading this article!

What is intra-company relocation?

The Entrepreneurs Law 14/2013, of September 27, 2013, establishes special conditions that allow entry and residence to non-EU foreigners who wish to enter Spain for work reasons, or for professional training, with an established company.

For this reason, the intra-company transfer is understood as an authorization or work permit for 2 years to those workers who move to Spain within the framework of an employment relationship by a company with headquarters in one or more countries.

In fact, in most cases, these are multinationals with headquarters in a third country and another one in an Autonomous Community of Spain. Therefore, it must be initially proven that there is a real business activity by the employee.

 

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Modalities of intra-company transfers

Below, we specify which are the forms of residence authorization for intra-company transfer valid under Spanish regulations:

Residence permit for intra-company transfer ICT UE

This type of authorization applies in the case of temporary travel to work as a manager, specialist and/or training, from a company established outside the European Union to an entity belonging to the same company or group of companies established in Spain.

It is therefore intended for people who manage a company or a department, for those who have specialized knowledge related to the activities, techniques or management of the activity, or for university graduates who are seeking to obtain training and receive a salary for it.

National residence authorization for intra-company transfers

In this case, it is applied in the cases not contemplated above, once the maximum duration of the transfer foreseen in the ICT EU intra-company transfer has elapsed.

Required Documentation

Of course, successfully completing the intra-company transfer process in Spain is a process that requires the fulfillment of certain requirements, such as the following:

  • Presentation of criminal record certificate

  • Having public or private health insurance

  • Possess a university degree or equivalent, or at least 3 years of professional experience.

  • The existence of a real business activity

  • Performing a regular and continuous professional activity for 3 months with one of the companies of the group.

  • That the worker can complete training that requires a stay in Spain.

  • Manage one or more teams in the country

  • Company documentation validating the transfer

 

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Application Process

Applications to obtain this residence permit are made through the Large Companies and Strategic Collectives Unit (UGE-CE), and must be made by the company that will transfer the worker.

Therefore, to carry out the process, the aforementioned requirements must be sent through any Public Registry of the Subdelegation of the Government, or telematically, through the electronic headquarters of the UGE.

Likewise, it is indispensable to carry out the procedure at least 90 days before traveling to Spain or, in case you are already located in Spanish territory, to ensure that you are in a legal situation before starting the application.

In general, the process is usually quite fast, so it is usual that in 20 to 30 days you get a response to your case to apply for the visa at the Spanish Consulate in your country of origin (if applicable).

However, depending on each Consulate, waiting times may vary from 7 to 10 days to finally start your trip to Spain and have a Physical Residence Card (TIE).

Renewal

One of the most frequent questions related to this issue is: Can I renew my residence permit?

Taking into account that intra-company transfer permits usually last only 2 years, in certain opportunities the applicant requires to extend the term of the permit, and it is there where the renewal must be done.

For no reason is it understood that the worker will be legally in Spain, after the expiration of his authorization, if he does not carry out the request for its renewal.

In this sense, you can renew the intra-company transfer as long as you comply with the limitations of the collective bargaining agreement between the two countries.

 

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 Benefits of intra-company relocation

  • With respect to foreigners holding a residence permit for intra-corporate transfer ICT EU, they may enter, reside and work in one or more Member States upon notification or request for authorization to the competent authorities.

  • In the case of national residence authorization for intra-company transfer, a maximum duration of 2 years is allowed, renewable or equal to the contract if shorter.

  • There is the possibility of applying for residency for the applicant’s family members such as spouse, minor children, dependent children of legal age and dependent ascendants.

  • The application process is relatively quick, approximately 20 days.

  • This authorization can also be requested if you are already in Spain and an opportunity arises to validate your case.

  • Does not take into account the national unemployment situation

  • Strengthening the presence of foreign companies in the country and boosting the Spanish economy

 

If you are looking for an intra-company transfer to Spain, in TAS Consultancy we have expert lawyers in foreigners who can advise you during the process of this procedure. In addition, we have business services that you can’t miss, click here and contact us today!

 

Published on par Jonatan Carbonell

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