The Entrepreneurs Law aims to eliminate bureaucratic obstacles in attracting talent to the Spanish business sector, promote the presence of foreign companies in Spain and vice versa, thereby improving the competitiveness of the Spanish economy. To this end, it facilitates the movement of foreigners to Spain within the framework of a labor, professional, or vocational training relationship with a company or group of companies established in Spain or another country.
Spanish regulations offer two alternatives for the intra-company transfer of non-EU foreigners:
- EU ICT Intra-Company Transfer Authorization For temporary transfers of executives, specialists, or university-educated trainees from a company outside the EU to an entity of the same company or group of companies established in Spain, with a maximum duration of three years for executives or specialists and one year for trainees. Holders of an EU ICT Intra-Company Transfer authorization issued by Spain can enter, reside, and work in other EU Member States after notifying or requesting authorization from those States. Entities established in other EU states can transfer holders of an EU ICT Intra-Company Transfer authorization to Spain during the validity of the authorization, after notifying the Large Companies and Strategic Groups Unit in Spain.
- National Intra-Company Transfer Authorization In cases not covered by the EU ICT Intra-Company Transfer Authorization, such as the transfer of workers for the execution of a contract or a professional relationship, or once the maximum duration of the EU ICT Authorization has expired, companies or groups of companies established in Spain or another country that transfer one or more foreign citizens to Spain within the framework of a labor, professional, or vocational training relationship, can apply for a national intra-company transfer residence authorization.
These two types of residence authorization allow for residence and work and are valid throughout the national territory. Additionally, the authorization process includes the spouse and children. In any case, the applicant must have public or private health insurance with an entity operating in Spain, demonstrate a clean criminal record, and prove sufficient economic means for themselves and their family members during their stay in Spain.
Moreover, it will be necessary to submit documents proving the existence of a real business activity and, where applicable, the business group, a higher education degree or equivalent, or, where applicable, a minimum professional experience of 3 years and a prior and continuous labor or professional relationship of 3 months with one or more of the companies in the group. The appropriate documentation proving the transfer to Spain must also be provided.
Contact us if you wish to obtain more information; we have extensive experience in advising both companies and individuals in these types of procedures.
With the appropriate assistance, it is a simple process with visas resolved and notified within 10 business days and residence authorizations resolved within 20 days.