The information below has been collected by the Citylife team via intense research in collaboration with Proyecto Océano, one of Madrid’s most known legal associations. Please keep in mind that we are not directly related to any legal or government departments and the information may be subject to change.
[Haz click aquí para le versión en Español]
What is a Residence Permit for Highly Skilled Workers?
The residence permit for highly skilled workers is an authorization for highly qualified, non European workers, who will hold management positions at a Spanish company.
What are the Advantages?
The main advantages of the highly skilled worker residence permit over a regular work permit include:
1. The national employment rate is not taken into account. The company can request the work permit without having to prove that the worker is more qualified than other applicants of Spanish and European nationality.
2. The time to process the visa is 20 business days from the day the permit is submitted.The permit is approved if there is a positive silence. This means that if the Ministry of Employment does not request any other documents during the 20 days, the visa is considered approved.
3. The permit request is submitted via electronic registry on the UMI website, with a certified digital signature of an authorized authority figure signing on behalf of the company. As a result, only scanned, and not original copies of all documents are required.
4. It is possible to simultaneously apply for a residency permit for family members: this includes spouse, civil union companion, children, and legal guardians. The authorization for family members gives them the right to live and work in Spain as a freelancer or employee.
5. The work permit has a duration of 2 years, (depending on the length of the contract), with the possibility of renewal. If the contract is less than two years the permit is valid only for the duration of the contract.
What are the Disadvantages?
The disadvantage of this work permit is that it does not alloy for a change in employer. Therefore, any future employer would need to apply for a new work permit.
Who Qualifies for the Highly Skilled Worker Permit?
- Graduates or postgraduates in his/her home country, (proof of diploma is not necessary unless required by the profession). For example: in order for a lawyer to present in court it is necessary to show proof of a law degree. In addition to a university degree, it is also required to have prior managerial experience.
- An applicant without a university degree, but one that has prior director experience, or a previous position with high responsibilities. He/she can still apply for the work permit, so long as it is with a large company*.
*What is Considered a Large Company?
In order for a company to be considered large it must meet several of the below criteria:
1- Average number of employees must exceed a minimum of 250 workers.
2-Annual net turnover in Spain, of 50 million euros; or having funds or a higher net worth, in Spain, of 43 million euros.
3- Average annual growth investment abroad of at least 1 million euros during the three years prior to the application of the permit.
4- Company with a stock value exceeding 3 million euros.
How Can I Apply?
There are two ways to apply for the residence permit:
1. Presenting the documentation while in Spain as a tourist or on business for a maximum of 90 days. Similarly, a student, with a student visa in Spain, can apply for the highly skilled worker permit, as long as, he/she can prove previous work experience in his/her home country.
2. Presenting the documentation in one’s country of residence. In this case, once the permit is approved, you must apply for a residency visa at the local Spanish Consulate. The processing time for the visa is 10 business days
What are the Next Steps?
Once in Spain with the approved work permit, it is necessary to make an appointment to obtain a foreign residency card. If the work permit is under 6 months, the employee does not have the right to obtain a residency card, but is able to renew if all legal requirements are met.
Do you still have questions or other legal topics you need answered?
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