In Spain, corporate immigration processes are complex and are classified in terms of the characteristics of the Spanish company, the type of assignment and the personal circumstances of the foreign employee in question. A brief summary is provided in following of current immigration processes in Spain, which vary depending on the employee’s country of origin:
NON-EUROPEAN UNION NATIONALS
See below the most common corporate immigration categories
Local Work Permit
The foreign employee is hired under contract by a Spanish company.
Transnational Work Permit
The foreign employee is transferred to the Spanish company by the company by which they are employed in their country of origin. This Permit is may be of any of the following types:
– By internal assignment, from workplace to workplace
– For rendering services to a Spanish company
– Due to award of contract for a project to be carried out abroad
Residence non lucrative
This visa allows you to reside in Spain without engaging in any type of lucrative activities, showing proof of enough periodic income (investments, annuities, sabbaticals and any other source of income) to live in Spain without working.
A student visa is mandatory for any foreigner wishing to study in Spain for more than 90 days.
Residence for Entrepreneurs
It allows to reside in Spain for engaging entrepreneur activities in the country a minimum of 1 year, once it is previously obtained the approval certification from the Economic and Commercial Office of Spain corresponding to the applicant’s address stating that the enterprise project meets general interest or special economic interest to Spain.
Residence for Real Estate investor
It allows to reside in Spain if for a minimum amount of 500.000 Euros investments in real estate in the country.
Residence for Capital Investors
It allows you to reside in Spain if you have invested in the country a minimum amount of 1 million Euros, in
a) Shares not traded or social shares of Spanish companies: Proof of Declaration of Investments issued at the Register of Foreign Investments of the Ministry of Economy (Comisión Nacional del Mercado de Valores o del Banco de España)
b) Share listed: Certificate of the financial broker, registered at the Stock Market National Commission or at the Bank of Spain (Certificado de la entidad financiera o del Banco del España)
c) Spanish national debt bonds: Certificate issued by a financial institution or Bank of Spain that state that the applicant is the only holder of an investment of +2 million Euros for a minimum period of 5 years.
d) Bank deposits: A bank certificate that states that the applicant is the only holder of the deposits.
Residence for High Qualified Employees
The foreign employee, who holds a University Degree, is hired under contract by the Spanish company.
The foreign employee, who holds an University Degree, is transferred to the Spanish company by the company by which they are employed in their country of origin. Similar process to transnational work permits but more flexible and with less requirements.
For further details or other type of category, please do not hesitate to contact us.
EUROPEAN UNION NATIONALS
European Union citizens as well as the citizens of all other States party to the European Economic Space Agreement (Norway, Iceland and Liechtenstein) and the citizens of the Swiss Confederation, may reside and work in Spain without needing a work permit.
Nevertheless, for periods longer than 3 months, the parties in question are under the obligation of personally applying for their Registration Certificate through the Foreign Nationals Office of the province where they intend to reside or establish residence.
The family members of a citizen of a European Union Member State or of a State party to the European Economic Space Agreement who are not citizens of one of the aforesaid States, when accompanying or reuniting with said citizen, must enter with a valid passport, also being required to have the pertinent visa when so stipulated under EC Regulation 539/2001 of March 15th, by virtue of which the list is set forth of third countries whose nationals are subject to the visa obligation for crossing foreign borders and the list of third countries whose nationals are exempt from this obligation and may reside in Spain for longer than three months, being under the obligation of applying for and obtaining a “European Union citizen family member residence card”.
With the legislation that came into force in Spain in 2012, EU citizens who wish to live or stay longer than 3 months in Spain must provide evidence of sufficient financial economic means to support themselves and any dependant as well as having public or private health insurance.