RELEVANT GOVERNMENT ENTITIES
SOURCES & CONFLICTS OF LAW
BUSINESS IMMIGRATION
SPONSORS
COMMON ISSUES OR CONCERNS FOR BUSINESS IMMIGRATION
DEPENDENTS
SETTLEMENT & CITIZENSHIP
PRESENT CLIMATE & FUTURE LEGISLATION

RELEVANT GOVERNMENT ENTITIES

Large Company Units (Unidad de Grandes Empresas), dealing with permits under the Local Immigration Government Offices, dealing with processes regulated under the Standard Immigration framework (RD557/20111)

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SOURCES & CONFLICTS OF LAW

SOURCES OF LAW

• General Immigration Regime regulated by Organic Law 4/2000 of January 11, concerning the rights and freedoms of foreigners in Spain and their social integration, and Royal Decree 557/2024 of April 20, which approves the Regulations of Organic Law 4/2000.

• EU Regime regulated by Royal Decree 240/2007 of February 16 governing the entry, free movement, and residence of citizens of the Member States of the European Union and other States that are party to the Agreement on the European Economic Area.

• Entrepreneurs Act 14/13 of 27 September, of support to entrepreneurs and their internationalization

CONFLICTS OF LAW

There is no such a conflict in relation to the source of law, but in practice, there may exist differences depending on the region.

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BUSINESS IMMIGRATION

UNSPONSORED BUSINESS-RELATED IMMIGRATION

Remote work

Permits allowing to work in Spain do require as general rule sponsorship of a Spanish company, except in the event of Digital Nomad visa, in which case the worker remains employed by their employer outside Spain while residing in Spain.

Investors

In relation to the investment, the applicant does evidence their own economic reliability and can work based on their permits as investors.

Entrepreneurs & self-employment

Permits for Entrepreneurs and self-employees do not either require sponsorship.

Digital nomad

A visa and residence permit for international teleworkers is being regulated through the Entrepreneurs’ Act to allow them to stay in Spain to carry out a work or professional activity at a distance for companies located outside the national territory, by means of the exclusive use of computer, telematic and telecommunication means and systems.

In the event of exercising an employment activity, the holder of the permit for international teleworking may only work for companies located outside the national territory.

In the event of the exercise of a professional activity, the holder of the international teleworking permit may work for a company located in Spain, provided that the percentage of such work does not exceed 20% of his total professional activity.

Specific requirements have to be met to be eligible to this type of visa / permit:

• It applies to qualified professionals who are graduates or postgraduates from renowned universities, professional training, and renowned business schools or with a minimum of three years’ professional experience.
• It requires the existence of a real and continuous activity for at least one year of the company or group of companies with which the worker has an employment or professional relationship.
• Documentation evidencing the work or professional relationship can be carried out remotely shall be provided.
• In case of an employment relationship, it is required to evidence its existence between the worker and the company not located in Spain for at least the last three months prior to the submission of the application, as well as documentation proving the company allows the worker to carry out the work activity remotely.
• In case of existence of a professional relationship, it must be proven the worker has had a business relationship with one or more companies not located in Spain for at least the last three months, as well as documentation accrediting the terms and conditions under which the professional activity will be carried out remotely.

In relation to the procedure:

If the foreign national is not in Spain:

It is possible to apply for the Visa for international teleworking, which shall be processed within 10 days and can be issued with a validity up to one year.

If the foreign national is in Spain and holds a visa for international teleworking:

It is required to apply for the residence permit for international teleworking within sixty days prior to the expiration of the visa, which shall be processed within 20 working days and granting an initial residence permit validity up to three years, renewable as long as the conditions that generated the right are maintained.

If the foreign national is in Spain and does not hold a visa for international teleworking:

It is required to apply for the residence permit for international teleworking during the foreign national’s legal stay/ residence. The processing time and validity are the same as indicated in the prior point.

In the event of foreign nationals as employees for Spanish company, in case they would like to work remotely, a review from a labor perspective shall be undertaken for compliance.

In relation to citizenship, the holder of a residence permit for international teleworking has the right to apply for while fulfilling the requirements established by the General Immigration framework based on the actual residence.

SPONSORED BUSINESS-RELATED IMMIGRATION

Currently, the route that is mainly used to apply for permits allowing to work is the Entrepreneurs’ Act 14/13.

There are two main categories, among others to highlight:

• Highly Qualified Professionals
• Intra-Company Transferees

Highly Qualified Professionals

Applicable regulation

The article 71 of the Spanish Act 14/2013 “Ley de Emprendedores y su internacionalización” regulates the residence permits for Highly Qualified Professionals hired by companies to cover job positions requiring high qualification.

Features of the permits for Highly Qualified Professionals:

• The Initial permit will have the same duration as the employment contract with a maximum validity of three years.
• The permit will have national scope.
• The permit might be cancelled if the conditions that led the initial approval are not maintained. According to the current criterium the modification of employer is ground of cancellation.
• The permit can be renewed for maximum consecutive periods of up to two years each, while maintaining the conditions that led to the initial approval.
• Dependents of the employee (spouse/partners, minor children, children of legal age not having created an independent family unit and depending financially on the principal and parents of employee and spouse depending financially on the principal) can apply for a residency permit depending on the worker. Dependent permits allow to work.

Categories of residence permit for Highly Qualified Professionals

There are two categories under this type of permit:

• National residence permit for Highly Qualified Professionals:This permit is applicable to Highly Qualified Professionals covering a high job position with a nationwide scope within Spain.
• Residence permit for Highly Qualified Professionals holders – EU Blue Card:This permit allows its holder to benefit from EU mobility within EU Member States while complying the formalities of the applicable formalities of the U Member State to move to.

Additionally, holders of an EU Blue Card issued by a Member State can move to Spain:

• Move up to 90 days in any 180-day period: it will not be required to apply for an authorization to undertake activities except the EU blue card issued by the EU Member State.
• Beyond 90 days: it is required to apply for the EU Blue card in Spain.

 Intra-Company Transferees

Applicable regulation 

The article 73 of the Spanish  Act 14/2013, of 27 September, on support for entrepreneurs and their internationalization regulates the residence permit for Intra-Company Transfers allowing the assignment of foreign nationals to Spain, within the framework of an employment or professional relationship, or for professional training from a foreign country to carry out the aforementioned activity in Spain, in a company belonging to the same group or with which an agreement for provision of services has been signed.

Features of the Intra-Company Transfer permit 

• During the assignment, the assignee shall be subject to the employment/professional agreement, the Social Security system, and salary/payments of the sending company.
• The assignee shall not be employed by the Spanish host company during the assignment.
• The permit shall have a national geographic scope.
• The sending company must ensure compliance with provisions of the Act 45/99 on the assignment of employees within the framework of a transnational provision of services. It sets forth certain minimum conditions for salary, holidays and working hours among others.
• Dependents of the assignee (spouse/partners, minor children, children of legal age not having created an independent family unit and depending financially on the principal and parents of assignee and spouse depending financially on the principal) can apply for a residence permit depending on the worker. Dependent permits allow to work.

Categories of the Intra-Company Transfer permit 

There are two categories under this type of permit:

• EU-ICT permit: This permit is applicable in case of a foreign worker being assigned to Spain, on an employment relationship, from one company established outside of the EU, to a company in Spain belonging to the same group, to work as a manager, specialist or trainee for a period longer than 3 months.

• National ICT permit: This permit is applicable in case of a foreign worker assigned to Spain:

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SPONSORS

REQUIREMENTS FOR SPONSORS

The Spanish company sponsoring the entity should be registered at the Spanish Social Security system and Tax Office, be up to date with their obligations with social security and tax administrations and be reliable to hire employees in case of local employees.

On the other hand, whilst there is no specific legal obligation or prescribed format for a Right to Work Check, it is implied that employers must conduct such a check since it is illegal to employ someone who does not have eligibility to work. The employer should ensure the foreign national has the corresponding valid permit allowing to work as deemed appropriate. In case of transferees, in addition of the permit, it is required the foreign national to be duly covered either by their home origin social security system through the social security coverage certificate or be registered in the Spanish Social Security system failure of existence of such a certificate.

SANCTIONS, CIVIL & CRIMINAL PENALTIES FOR SPONSORS

Hiring foreign workers without holding the appropriate work and residence permit is considered a very serious offence, according to Article 54.1 of Organic Law 4/2000, with fines ranging from 10,001€ to 100,000€ for each hired foreign worker, provided that the act does not constitute a more serious offense.

Also, Section 37 of Royal Decree 5/2000 regarding Labour Infringements and Penalties Law establishes that it is considered to be a very serious breach to use foreign workers without having obtained the mandatory work permit, or its renewal, by committing an infringement for each of the foreign workers who have been employed. This is sanctioned with fines from 6,250€ to 187,515€ per employee.

Section 311.2 of the Criminal Code states 6 months to 6 years imprisonment and fines of 6 to 12months applicable for individuals who simultaneously hire a number of workers without obtaining the relevant work permit, where the number of workers involved is at least:

• twenty-five percent, in companies or places of work employing more than one hundred workers.
• fifty percent, in companies or places of work employing more than ten and not more than one hundred workers.
• all of the workforce, in companies or places of work employing more than five and not more than ten workers.

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COMMON ISSUES OR CONCERNS FOR BUSINESS IMMIGRATION

BUSINESS ACTIVITIES

Individuals can engage in limited business activities during short stays of up to 90 days within a 180-day period. However, there are strict restrictions on what constitutes “business activities” as opposed to work that would require a formal work permit. The visitor status allows for limited, non-remunerated business activities. Any business that involves hands-on work, employment, or direct service provision in Spain will require a work permit.

Some allowable business activities under visitor status:

• Attending business meetings
• Conferences, seminars, and trade fairs
• Networking and business development
• Market research
• Contract negotiations

Despite of the ambiguity of the definition and limitation of work activities under business status, there are some exceptions:

• Work activities related to audiovisual sector can be undertaken under business status if carried out for a period up to 90 days in a 180-day period. If exceeding this period, a permit allowing to work is required to be applied for.
• EU-UK Trade and Cooperation Agreement (TCA)

When the activities to be performed in Spain fall within one of the categories of allowed activities listed in the TCA under business visitor status and the duration of the assignment does not exceed 90 days in any 180-day period, there is no need to apply for a work/residence permit.

EU-UK Trade and Cooperation Agreement (TCA) includes in the Annex 21 a list detailing the activities allowed under short term business visitor status and it permits a broader range of activities than are typically allowed for business visitors, subject to certain conditions and reservations, which vary from some EU countries to another.

The activities Short-term business visitors are permitted to engage in are:

• Meetings and consultations: natural persons attending meetings or conferences, or engaged in consultations with business associates.
• Research and design: technical, scientific and statistical researchers conducting independent research or research for a legal person of the Party of which the Short-term business visitor is a natural person.
• Marketing research: market researchers and analysts conducting research or analysis for a legal person of the Party of which the Short-term business visitor is a natural person.
• Training seminars: personnel of an enterprise who enter the territory being visited by the Short-term business visitor to receive training in techniques and work practices which are utilized by companies or organizations in the territory being visited by the Short term business visitor, provided that the training received is confined to observation, familiarization and classroom instruction only.
• Trade fairs and exhibitions: personnel attending a trade fair for the purpose of promoting their company or its products or services; L 149/1596 EN Official Journal of the European Union 30.4.2021.
• Sales: representatives of a supplier of services or goods taking orders or negotiating the sale of services or goods or entering into agreements to sell services or goods for that supplier, but not delivering goods or supplying services themselves. Short-term business visitors shall not engage in making direct sales to the general public.
• Purchasing: buyers purchasing goods or services for an enterprise, or management and supervisory personnel, engaging in a commercial transaction carried out in the territory of the Party of which the Short-term business visitor is a natural person.
• After-sales or after-lease service: installers, repair and maintenance personnel and supervisors, possessing specialized knowledge essential to a seller’s contractual obligation, supplying services or training workers to supply services pursuant to a warranty or other service contract incidental to the sale or lease of commercial or industrial equipment or machinery, including computer software, purchased or leased from a legal person of the Party of which the Short-term business visitor is a natural person throughout the duration of the warranty or service contract.
• Commercial transactions: management and supervisory personnel and financial services personnel (including insurers, bankers and investment brokers) engaging in a commercial transaction for a legal person of the Party of which the Short-term business visitor is a natural person.

Thus, visitors should ensure that their activities fall within the permitted scope to avoid violating immigration regulations. This area remains quite grey if the applicant is not under the visa-waiver program, a visa application may be made to the Spanish consulate with jurisdiction over the traveler’s place of residence.

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DEPENDENTS

ENTREPRENEUR’S ACT

For the Highly Qualified Worker and Intra-Company Transfer permits, dependents such as the applicant’s spouse (same- or opposite-sex), unmarried partner (same- or opposite-sex), and children aged 17 years or younger may accompany the applicant to Spain. The spouse or partner is eligible to work in Spain, and children can enroll in school or pursue studies. Children who are 18 years or older and parents may also be eligible for dependent status if a genuine dependency on the main applicant can be proven.

GENERAL IMMIGRATION FRAMEWORK

In the case of a Transnational Permit, the applicant’s spouse (same- or opposite-sex), unmarried partner (same- or opposite-sex), and children aged 17 years or younger, or disabled children aged 18 or older, may accompany the applicant and enroll in school or pursue studies in Spain. However, dependents under this permit type are not eligible to work in Spain unless they are regrouped.

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SETTLEMENT & CITIZENSHIP

In Spain, foreign nationals can pursue settlement (permanent residence) and citizenship through different pathways, each with its own set of requirements and timelines.

SETTLEMENT (PERMANENT RESIDENCE)

A foreign national can apply for permanent residence in Spain after residing there continuously and legally for 5 years.

Permanent residents are allowed to live and work in Spain under the same conditions as Spanish citizens.

SPANISH CITIZENSHIP

Foreign nationals may become Spanish citizens through different routes, most commonly through residence, naturalization, or descent.

Spanish citizenship by residence

Foreign nationals can apply for Spanish citizenship after residing legally in Spain for a specified number of years, depending on their nationality and circumstances:

• General Rule: 10 years of continuous legal residence.
• Reduced residence periods:
  • 5 years for refugees.
  • 2 years for nationals from Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, Portugal, and Sephardic Jews of Spanish origin.
  • 1 year for:
    • Individuals married to a Spanish citizen for at least one year (and not separated legally or de facto).
    • Widows or widowers of a Spanish national.
    • Children or grandchildren of Spanish nationals born in Spain.
    • Those born in Spain or who have lived under the care of a Spanish citizen or institution for at least two years.

  Spanish citizenship by naturalization

  Naturalization is an exceptional process granted at the discretion of the Spanish government. It is often awarded in cases of special contribution to Spain or under humanitarian circumstances.

  Spanish citizenship through law of democratic memory

  This law benefits individuals born outside Spain to parents or grandparents originally Spanish citizens, children of Spanish women who lost their nationality due to marrying foreigners before the 1978 Constitution, as well as children of legal age of Spanish citizens who were recognized the right to obtain originally the Spanish nationality as established by this law or Law of Historical Memory.

  Dual citizenship

  Spain has dual citizenship agreements with some Ibero-American countries such as Argentina, Colombia, Dominican Republic, Honduras, Costa Rica, Ecuador, Bolivia, Nicaragua, Peru, Paraguay and Chile.

  Furthermore, nationals from Andorra, the Philippines, Equatorial Guinea, and Portugal are not required to renounce to their citizenship once acquired the Spanish nationality.

  Nationals from other countries must typically renounce their original citizenship to obtain Spanish nationality, although this is not always strictly enforced in practice.

  LONG-TERM RESIDENCE VS. CITIZENSHIP

  Long-term Residence: Grants permanent residence and work rights but not full citizenship rights (e.g., voting in national elections).

  Citizenship: Full rights, including the right to vote, run for office, and obtain a Spanish passport.

  Each pathway requires meeting residence, integration, and legal requirements, and the process can vary depending on individual circumstances.

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  PRESENT CLIMATE & FUTURE LEGISLATION

  PRESENT CLIMATE & TRENDS

  According to surveys, immigration is considered one of the main problems by society.

  FUTURE LEGISLATION

  In relation to the standard general framework, a modification of RD 557/2011 is being prepared, which will come into effect by the first quarter of 2025 at the latest, and the Entrepreneurs Act 14/2013 may be amended to remove some categories of visa/residence authorization for investment, such as Real Estate, and modify others.

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