In September 2013, the Spanish government passed a law to encourage foreigners to invest for residency purposes, the Law 14/2013, of September 27th, of support to entrepreneurs and their internationalization. The new law allows for employees subjected to intra-company transfers to apply for a residency permit through their contracting company, called Golden Visa Intra Company.
Specific requirements for the application for the Golden Visa Intra-Company Transfer:
- Existence of real business activity, when applicable, of the group.
- Superior or equivalent degree or minimum professional experience of 3 years.
- Employment or professional relation, previous and continuous, of 3 months with one or various companies of the group.
- Documentation of the company that attests the relocation.
Different modalities of the procedure for the application for the Golden Visa Intra-Company Transfer:
Intra-Company Transfer Authorisation ICT EU:
Temporal displacement to work as a manager, specialist or for training. They have to come from a company established outside of the EU to an entity of said company or corporation in Spain.
The residence permit will have a maximum duration of 3 years in case of managers and specialists. One year in case of trainees.
Holders of the authorization for displacement as per ICT UE can enter, reside and work in one or various EU member states. This requires previous communication or request for authorization to the authorities of the respective state.
National intra-company transfer authorisation:
In cases not contemplated in the previous procedure and once the maximum duration for the ICT UE authorization has lapsed.
Procedure and visa processing time:
The Intra-Company Transfer Authorisation must be applied for by the host company before the Large Business and Strategic Collectives Unit.
- The Large Business and Strategic Collectives Unit resolves the application for the authorisation within a maximum of 20 working days from the submission of the application. If it is not resolved within this period, the authorisation will be considered approved through positive administrative silence.
In case the employees are outside Spain on the day of the application, and in case of a favorable resolution, they will have to apply for the corresponding visa before the Spanish Consulate according to their place of residence.
- Spanish Consulates resolve and notify visas within 10 working days.
During the period of one month after having arrived in Spain, the employees have to submit, personally, their application for the Foreigner Identity Card at the Immigration Office or Police Station competent.
There are other ways to get a Golden Visa besides the golden visa intra-company transfer, do you know them already?
If you would like to discover more about this, get in touch with our lawyers. We can help you!