International mobility is becoming more and more frequent in today’s business world. Do you find yourself in this situation and your destination is Spain? You will probably be interested in knowing more about the residence permit for business relocation, which is essential to regulate your stay in the country. This document is essential to regulate your stay in the country. Do you want to know exactly what it consists of and how it can affect your plans? Read all the details!
What does the intra-company transfer residency in Spain consist of?
The business transfer residence permit allows foreign workers to be posted to Spain by foreign companies. This visa authorizes residence and work for three years.
Regulated by the Spanish Entrepreneurs Law, this permit applies to training, management or services at the Spanish headquarters.
Likewise, the business transfer implies that the employee is already employed, maintaining the contract in his or her country of origin. The company manages salaries and legal obligations.
This case presents a peculiarity, since the worker is not registered in Spain. Instead, he/she keeps the contract in the country of origin, being the company responsible for transferring wages, paying contributions and complying with legal obligations.
It is essential to note that transfers between companies of the same group are also valid. So there are two options for intra-company transferees, both for non-EU citizens. The choice depends on the type of employee the company plans to transfer.
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Types of residence permits for business relocation
The two types of visas for intra-company transfers are divided into:
Residence Authorization for Intra-Company Transfer ICT EU
This visa is required when transferring three types of workers to Spain:
- Workers in training at the Spanish headquarters (continuing their salary).
- Specialists with valuable knowledge.
- Executives and managers assuming roles at the Spanish headquarters.
The maximum duration is 1 year for training and 3 years for other cases. A key advantage is mobility within the EU.
2. National Residence Authorization for Intra-company Transfers
It applies when the previously established maximum duration of the business transfer has ended. Or for situations such as contract performance transfers (CSS) or professional relationship transfers (IPs).
How to request the transfer authorization? Who is responsible?
The request for a business transfer is initiated by the company, not by the employee. Being the multinational the one that manages the permission before the worker arrives in Spain.
The application is then made at the Large Companies and Strategic Sectors Unit in Spain. Either in person or online.
Is the worker still in the country of origin? The company can submit the application at a Public Registry of the Subdelegation of the Government. Or online through the UGE platform.
After a positive resolution in approximately 20 days, the worker applies for the visa at the Spanish consulate. Subsequently, he/she travels to Spain and obtains the physical residence card with the NIE.
Companies eligible for business relocation must meet requirements such as:
- Average workforce size greater than 250 employees, completed during the three months prior to application.
- Annual net revenues in Spain in excess of 50 million euros.
- Net worth of assets in Spain in excess of 43 million euros.
- Average annual gross investment of not less than 1 million euros in the three years prior to application.
- Value of shares in Spain in excess of 3 million, according to the Foreign Investment Registry.
- For small and medium-sized companies, operating in strategic sectors for the socioeconomic development of the country.
Once the requirements have been met, the company can register in the UGE fast-track, facilitating future procedures.
Once the requirements have been met, the company can register with the fast-track CGU to facilitate future applications.
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What do you need to apply for your business relocation residence permit?
Complying with all the requirements and presenting the proper documentation is essential when applying for any type of residence permit in Spain.
Below, we detail both the general requirements applicable to all visas. Also the specific requirements for the business relocation residence authorization:
Now let’s look at the requirements for non-EU citizens:
It is important to note that all documents submitted during the application process must be legalized and certified. Always according to the requirements of the Hague Apostille, in addition to being legally translated into Spanish.
What are the advantages of this business relocation residence permit?
Holders of this residence permit may enter, live and work in one or more EU countries. However, they must notify or apply for permission to the local authorities according to the laws of those countries.
This is in accordance with Directive 2014/66/EU of the European Parliament. This concerns the conditions of entry and residence of third-country nationals. Specifically in the framework of intra-company transfers.
Companies from other EU states can transfer to Spain foreigners who have an ICT EU business transfer authorization.
This visa offers several advantages, such as:
- Joint application with family members (spouse, children, dependent parents).
- Rapid resolution (usually 20 days).
- It can be applied for as a tourist in Spain.
- It does not consider national unemployment status, making it easier to obtain the permit.
- Concession for 3 years, unlike residences under the general regime.
- Possibility to enter, reside and work in any EU member state with the ICT-EU typology.
How does the renovation work?
Renewal must be requested 60 days before or 90 days after expiration. It can be renewed for up to 3 years, provided that the conditions and limitations of the collective bargaining agreements are maintained, both in the country of origin and in Spain.
The maximum duration of the transfer varies according to the category: managers and specialists up to 3 years, and trainees up to 1 year. This particularly affects the EU ICT, as the national transfer authorization allows for a longer renewal.
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If you still have doubts about the residence permit for business relocation in Spain, do not hesitate to contact us.
Our professional team is here to guide you through the whole process of applying for this residence permit. Request today a personalized legal advice to clarify all your doubts through our email email@example.com.