Transfer within the company: residence in Spain with the right to work

You just can’t miss this article! We will tell you how to get a residence permit for an intracorporate transfer (hereinafter VKP) on the basis of a long business trip in Spain.

The VKP can be claimed by:

• employees of foreign companies with a representative office in Spain;
• employees of foreign companies with commercial agreements on the basis of which the employee is sent on a long business trip

For example , your company has signed a cooperation agreement with a Spanish company in some area. Employees of the company should go on a business trip for 2 years to sunny Spain for a more detailed study of the situation or exchange of experience to provide a higher quality of services.

Spanish law provides 2 options for the movement of foreign employees :

1. Translation of managers, specialists and training personnel (ICT-EU).

Companies can transfer managers and specialists for up to three years and trainees for up to one year.

2. National authorization for VKP in cases that did not fall into the 1st paragraph or after the expiration of the maximum period for the transfer of ICT-EU.

The period of residence and work is determined by the term of the concluded contract, but not more than two years.

Of decisive importance when applying for the VKP, like for any other residence, is compliance with all requirements and the provision of documents.

The most significant are:

• Proof of real business activity by a Spanish company.
• Proof of the posted worker’s professional relationship with the company for at least the last 3 months prior to the application.
• Higher and / or equivalent degree of education, which can be confirmed, and professional experience of at least 3 years.
• Cooperation between companies (for example, a cooperation agreement or the provision of services).

What benefits does an employee receive:

• The possibility of obtaining a residence permit   both in Spain and at the consulate of the country of residence.
• Speed ​​of registration: issuing a visa in 10 and a residence permit in 20 working days.
• The national employment regulation does not apply to the worker, as the employment agreements with the sending country are maintained. Therefore, you do not become a taxpayer in Spain. Salaries, taxes and social security contributions are paid by the sending country.
• Freedom of movement in the Schengen countries.
• One residence for the whole family. How it works? For example, you independently submit documents for residences. Your spouse and children have the same rights to live and work in Spain as you do. It can be served together or sequentially.

The application for a residence permit depends on the personnel who are transferred to the Spanish organization. To clarify your case, we recommend that you contact our specialists.

Have you heard about this residence permit before?