Residence permit for intra-company transfer
14 February, 2023duguech
The Intra-company Transfer Residence Permit is a permit granted for three years to workers posted to Spain by multinational companies.
Once the initial term has expired, the Intra-company Transfer Residence Permit may be renewed for two more years, provided that the regulations of the collective bargaining agreement in the worker’s country of origin and in Spain are complied with.
This renewal automatically extends the period of stay of the worker, which means that at no time will he/she be in an irregular situation.
Types of visas for intra-company transfers
Residence authorization for intra-company transfer ICT EU
Refers to temporary movements to perform work as a specialist, manager, or to carry out some training from a company with headquarters outside the EU to an entity of the same company established in Spain. This authorization is requested when for:
- Management personnel and executives who are going to manage a division or department in the Spanish headquarters.
- Employees who need to carry out training activities in Spain to integrate into the activity of the company.
- Specialists who must move to Spain to train others and make their experience available to the team.
National authorization of residence for intra-company transfer
This authorization is granted once the maximum duration of the transfer foreseen in the first authorization has elapsed, which, depending on the type of professional, is from one to three years.
Also, for the cases not contemplated in the previous authorization, such as the movement of workers for the execution of a contract or a specific professional relationship with the company.
Basic requirements to apply for the Residence Permit for Intra-company Transfers.
- The transferred worker must have a higher degree. Master’s degree or doctorate. Otherwise, he/she must demonstrate a minimum of 3 years of professional experience in his/her area of work.
- The company to which the employee is transferred in Spain must be part of the same business group from which he/she comes.
- Demonstrate that the business activity in the country of origin is real. That is to say, that the company is operative and in operation.
- The worker must have at least three months of seniority in one or more companies of the business group.
- Detailed justification of the transfer.
- The application for the Residence Permit for intra-company transfer is made at the Large Companies Unit (UGE) and must be submitted by the company transferring the worker. It can be done telematically through the web page of the UGE, or by sending all the documentation to any Public Registry of the Subdelegation of the Government.
- The request must be made at least 90 days before the trip to Spain. Although it can also be done if the worker is in Spain in a legal situation.
- The response usually takes 20 to 30 days.
- If the application has been approved, the worker must apply for the corresponding visa at the Spanish consulate in his/her country of origin if he/she is not in Spain.
- The Residence Permit for intra-company transfer can be applied for jointly with family members (spouse or domestic partner, minor children, or dependents).
In Duguech&Dip we have more than ten years of experience providing legal advice to companies and workers for intra-company transfers. If you need more information, schedule an appointment with us and we will study your case. Call us.
Since legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing on this article should be used as a substitute for the advice of competent legal counsel. The content on this article is offered only as information. And does not constitute solicitation or provision of legal advice. You should always consult a suitably qualified lawyer regarding any specific legal problem or matter.
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