Residence permit for highly qualified personnelduguech
The Residence Authorization for Highly Qualified Personnel is a permit granted to citizens from outside the European Union to work in a technical position; as a manager or manager with teams in charge, or with a very specific work experience.
Unlike the regular work permit, the visa for highly qualified workers is regulated by the Entrepreneurs Law which seeks to attract foreign talent with some facilities.
The visa application can be made in the country of origin or in Spain, if the applicant is in a legal situation. That is to say, he/she has a visa to stay for studies, a tourist visa or a non-profit residence permit.
In any case, this work permit is processed by the hiring company. In other words, it is the company that is responsible for preparing the initial documents and sending them to the competent authorities.
There may also be a contractual relationship between the company and the professional if what the freelancer receives from the company accounts for 75% of his or her income.
After a specific evaluation of the position and its characteristics, the Residence Authorization for Highly Qualified Personnel (PAC) is linked to the company making the application. In other words, it is granted to the company so that you can work there.
Which companies can apply for the Residence Authorization for Highly Qualified Personnel?
- A large or multinational company.
- A company within a group of companies.
- An SME within a strategic sector for the Spanish economy.
- A company developing a project of general interest.
- Non-EU citizens completing their higher education studies at a prestigious university or business school.
Validity of the initial authorization and renewal
The initial authorization allows to reside and work in Spain for two years. If the period of employment with the company is shorter, it is processed so that the case is equalized.
The Authorization for highly qualified personnel may be renewed for two more years. After the third renewal, the long-term residence permit may be applied for.
Does the application include the family?
If you have a spouse or common-law partner, minor children or dependents, you can make a joint application and arrive in Spain together. They can also travel once you are settled.
About the job
The job is the most important requirement of this application. A detailed explanation of the characteristics of the position to be filled within the company, the specific tasks and responsibilities, who the superiors will be, salary, etc. must be submitted. The Large Companies Unit (UGE) will determine whether the position is sufficiently qualified or not.
Is it possible to change jobs?
If you are laid off, find another more suitable job offer or want to resign, you will lose your visa as a highly qualified worker. In this case, you have 30 days to notify the UGE and look for other options to stay legally in Spain.
At Duguech&Dip we design the strategy for your legal process in Spain. If you need advice on the application for the Residence Authorization for Highly Qualified Personnel we can help you, make an appointment with us.
This information does not constitute under any circumstances legal advice, serving only for informational purposes. In case you need professional services in Global Immigration and Mobility, please contact us.
* It should be taken into account that the regulations of any of the countries analyzed, as well as the established procedures, may change at any time and without prior notice.
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