Spain is a popular destination for international corporate businesses due to a combination of economic, geographical, and technological reasons. Well positioned for international trade in Europe, Africa and the USA makes it an ideal hub for international trade and business operations. Spain also enjoys a well-developed infrastructure, including modern transportation networks, high-speed rail systems, advanced telecommunications, and extensive port facilities. Together with being recognised as a hub for innovation and technology.
As part of expansion programmes, international corporate businesses will from time to time require to move a key employee to Spain from within the wider company or group of companies or from company with a contract for the provision of services to a Spanish company. The intra-corporate transfer (ICT) visa is a key legal mechanism facilitating such movements.
Andreu Marin commented "it is crucial for international businesses to be able to transfer key employees to support their Spanish operation to ensure that the company's global strategies and operations are implemented consistently and effectively across all locations. Existing employees bring expertise, company culture, and specific knowledge that might not be readily available in the local market." Andreu further commented "such employees can help establish new branches, manage projects, and integrate the Spanish operations with the global headquarters. As well as overseeing the training of local staff and ensure that the company's standards and procedures are upheld."
Legal Framework
The ICT is regulated by Law 14/2013 and there are two ways that an employee can be granted the visa provided the criteria is met.
- ICT-UE - The applicant is a member of a management team such as a CEO, CFO or a COO or a specialised professional or trainee. Individuals in this category are may work and live in any EU country and be transferred within the company or group of companies during the period of theauthorisation of the visa.
- National residence authorisation – This applies to individuals who are a) not eligible for the ICT-UE or b) it is the route for an employee who has already obtained an ICT-EU visa an requires to extend their residence.
Advantages of the Visa
The ICT-UE visa provides a number of benefits to the holder:
- Free movement within the Schengen area
- The potential to transfer to another EU country (only ICT-UE visa).
- The applicant's immediate family – spouse/partner, children under the age of 18 years and dependent children over the age of 18 years.
- The time during the extent of the validity of the visa counts as residency for the purposes of Spanish citizenship applications
Information and Documentation required
The Company
- The business activity of the parent company
- Accreditation confirming the business activity of the company - registration
- Proof of the applicant's position in the company or provision of services
- A letter from the parent company justifying the need for the transfer signed by the applicant
Social Security
- Documentation confirming that the applicant is covered by the social security of their country of origin
- Confirmation of health insurance
- In the absence of an agreement between Spain and the country of origin the parent company can assign a legal representative in Spain to assume that responsibility
Employee information
- A valid passport
- Curriculum Vitae
- The payment of the administration fee
- Proof of expertise and training in the industry sector concerned such as a degree or three years' experience
- Evidence of at least three months' employment with the company such as a contract, the last three payslips. The working relationship can be with any of the companies with a group of companies
- Criminal record check from the country of domicile for a period extending from the last two years
Depending on the method of application an ICT-EU is granted for three years with the exception of trainees who have a maximum duration of one year without the opportunity to renew. With regard to the National residence authorisation this is granted for the duration of the employee's assignment up to three years, whereupon it may be renewed for a further two years.
How to make an application
- The application must be submitted online by the parent company to the Unit of Large Companies and Strategic Sectors in Spain UGE
- If the applicant has legal status in Spain the application can be made in Spain
- If the applicant is resident in another country an application must be made at the Spanish Consulate in their country of residence once the UGE has approved the residence permit
- Residence authorisation must be dealt with within 20 working days
- Visa applications must be dealt with within ten working days
The visa is granted in direct relation to the job, the company and the particular needs for the transfer. Should the applicant find a new job or the necessity to transfer to Spain is no longer applicable, the residence permit cannot be renewed by the applicant. Giambrone & Partners' immigration team have a wealth of experience in assisting foreign nationals to obtain a wide range of visas required for working in Spain. Our lawyers can manage any issues or complications arise during the application process, such as requests for additional information or interviews.
Andreu has extensive experience in immigration matters, from obtaining visas (non-lucrative, Golden Visa, student or Schengen visas) to applications for EU family members, deportations and Spanish citizenship.
He has also successfully acted in a wide range of criminal proceedings, assisting foreign nationals with extraditions, EAW (European arrest warrant) and at hearings with defendants, amongst other matters.
Andreu Marinis well-regarded by his clients for his comprehensive understanding of their needs and objectives which enables him to advise them and provide the best legal solution to their problems. He is able to create a strategy for his clients to achieve their objectives that can be adapted when necessary to meet other issues that may arise.
Andreu has successfully obtained non-lucrative visas for all the British clients he has assisted through the consulates in London, Manchester and Edinburgh since joining the firm in October 2022.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.