Entrepreneurial Support Act of 27 September 2013 (Ley14/2013)- Intra-company transfer
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
The Spanish migration framework offers two options for intra-corporate transferees of third country nationals (non EU):
1. EU Intra-corporate transferee (ICT-UE) residence permit for managers, specialists and trainee employees.
2. National residence permit for intra-corporate transferee for other categories, such as the transfer of workers to manage a contract (CSS), the transfer of workers under a professional relationship.
The request for one residence permit or another depends on the category which intends to be transferred to the company or group of companies established in Spain.
1- What are the differences between the residence permits?
Intra EU mobility. The holders of a valid EU ICT Intra-corporate transferee residence permit can enter, reside and work in one or several EU Member States provided they previously notify or apply for a permit, where applicable, to the authorities of those States in accordance with their legislation in application of Directive 2014/66/EU.
The companies established in other UE Member States may transfer managers, specialists and trainee employees who hold an EU ICT intracorporate transferee permit to Spain, provided that (they previously notify the Unit for Large Companies and Strategic Economic Sectors.
2- Who can apply ?
The host entity must apply or an agent of such company or entity duly accredited.
3- Where does the host entity apply for the residence permit?
To the Large Business and Strategic Groups Unit (Unidad de Grandes Empresas y Colectivos Estratégicos (UGE-CE)). Visit: http://extranjeros.empleo.gob.es/es/UnidadGrandesEm presas/
4- What documents does the host entity need to submit?
- Health insurance documents
- Background checks
- Certification of the company: Evidence of real business activity
- Higher education qualification or equivalent or a minimum professional experience of 3 years.
- The 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 proving the intracorporate transfer.
- Documentation proving the relationship with Social Security
There is a fast track for registered companies
5- If the transferred professional is in Spain, can the host entity apply for the residence permit?
Yes, as long as the migrant is in a regular situation in Spain. If the transferred professional is abroad at the time of the application, he or she must apply for a visa at the Spanish Consulate, once the residence permit has been awarded.
6- How long does the permit last?
The intra-corporate transferee permit is valid for the duration of the transfer with a maximum of 2 years.
Coste del servicio 1,21 €/min fijo, 1,57 €/min móvil. +18 años impuestos incluidos. Responsable del Servicio Vicente Marín – Abogado Colg 4954 ICAGR Avenida Fernando de los Ríos 11, Portal 5, Oficina 22. 18100 Armilla – Granada