Entrepreneurial Support Act of 27 September 2013 (Ley14/2013)- Highly qualified professionals
The 14/2013 Spanish Law ofSupport for Entrepreneurs and their Internationalization came into force on 28 September 2013. The aim is to encourage the entrepreneurship, to create a propitious environment to conduct an economic activity and to make easier the entry of foreign investment and talent all for the final purpose of promoting the economic growth and the employment creation.
The entrance and the stay in Spain for the foreigners who want to come into or to reside, or those who already reside in Spain will be easier, for economic reasons, if they prove to be:
c) Highly qualified professionals
e) Workers who carry to intra-company transfers within the same undertaking or group of undertaking.
1- Information for highly qualified foreign professionals
If you are interested in working in a company in Spain as a highly qualified professional (HQP) or you are a graduate or postgraduate from universities and prestigious business schools, and you have a job offer, you may be eligible to apply for a HQP residence permit
2- Information for companies in Spain
If you want to hire a third country national as a HQP, you can take advantage of the high qualified professional residence permit. For that, your company:
-Has to be a large business or corporate group
-Has to be a SME in strategic sector
-Has to develop a business project of general interest In addition to that, if you want to hire a graduate or postgraduate from universities and prestigious business schools as a high qualified professional you can also take advantage of the HQP residence permit regardless of the size of the company, the sector in which you operate or the activity developed.
3-Who has to apply for the residence permit?
The company which intends to incorporate HQP or legal representative of the company must apply for the residence permit.
4-What kind of residence permit will the professional be granted?
A HQP residence permit will be granted. This residence permit allows the high qualified professional to stay and work in Spain for up to two years (article 71 of the Entrepreneurial.
5- Where does the company apply for the residence permit?
At the Large Business and Strategic Groups Unit (Unidad de Grandes Empresas y Colectivos Estratégicos (UGE-CE)). Visit: http://extranjeros.empleo.gob.es/es/UnidadGrandesE mpresas/
6- What documents have to be provided with the application?
Certification indicating that the company is:
*A large business or corporate group
*An SME in a strategic sector: Report from? the Directorate-General for Trade and Investment.
*Developing a business project of general interest. Report from? the Directorate-General for Trade and Investment.
-Copy of the contract or professional relationship.
-HQP´s Background checks.
-In case of graduates or postgraduates: HQP´s university degree or HQP´s qualification from a prestigious business school.
7- Does the company have to submit supporting documentation every time it requests authorization for a PAC?
The company supporting documentation which must be registered in the UGE-CE, is submitted once. It is valid for 3 years, renewable as long as the requirements are maintained. Registered companies can benefit from a simplified procedure.
8- If the highly qualified professional is in Spain, can the company apply for the residence permit?
Yes, as long as the migrant is in a regular situation in Spain. If the HQP is abroad at the time of the application, once the residence permit has been awarded, he or she must apply for a visa at the Spanish Consulate.
9- Can the HQP residence permit be renewed?
Yes, the residence permit can be renewed for an additional two-year period as long as the requirements have been fulfilled.
10- Can family members join or accompany the highly qualified professional?
Yes. Family members who accompany or join the HQP may apply jointly and simultaneously or successively for their residence permit and, where appropriate, for their visa Family members are:
• The spouse or unmarried couple.
• Children who are minors or those of legal age being financially dependent on the holder.
• Parents in their charge.
11-What other benefits are there?
• With the visa and residence permit, you may live and work anywhere in Spain, including relatives if they meet the expected age labor regulations.
• Streamlined processing:
-Visas: 10 days.
-Residence permits: 20 days.
• The application for residence permits and renewals extend the validity of the stay or residence status of the applicant until the procedure is terminated.
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