If your company transfers you to work in Spain, whether to the same company or another company within the same corporate group, it is necessary to apply for an intra-company transfer residence authorization.

Index

What is Intra-Company Transfer Residence?

The intra-company transfer residence authorization is a type of work permit for 3 years, intended for workers transferred to Spain by companies with branches in multiple countries. For example, a multinational with a headquarters in the United States and another in Spain can transfer workers from one location to another using this visa, allowing these workers to legally stay in the country while performing their professional activities.

Specifically, this authorization allows the transfer of workers, executives, or specialists from one office to another to:

Complete training that requires being in Spain.
Perform their professional activities regularly at the Spanish office due to restructuring.
Lead one or more teams in the country.

Who is the Intra-Company Transfer Residence Visa For?

This authorization is designed for non-EU professionals who will be transferred to Spain by their company to work in a Spanish subsidiary or branch, or in a company with which there is a close business relationship.

Spanish regulations allow the intra-company transfer of foreign workers who are not from the EU, EEA, or Switzerland through two options: the ICT-EU authorization, aimed at executives, specialists, and workers in training; and the national authorization, applicable to other cases such as contract execution (CSS) or specific professional relationships (IPs).

What is Your Current Situation?

If you are legally in Spain: The host company in Spain must apply for the intra-company transfer authorization on your behalf.
If you are outside Spain: You will need to apply for a national visa to enter the country once the intra-company transfer residence authorization has been granted.

Related Legislation

Intra-company transfer visas are regulated under the Entrepreneurs Law 14/2013, as an initiative to encourage the presence of foreign companies in Spain and international talent, boosting the Spanish economy as a result.

A very positive aspect is that the UGE (Unit for Large Enterprises and Strategic Collectives) reviews all applications, allowing for a fast resolution.

Advantages of the Intra-Company Transfer Residence Visa

This visa offers several advantages and benefits, including:

Joint Application: You can include your family members (spouse or partner, children, and dependent parents).
Quick Resolution: Usually within 20 days.
Application from Spain: You can apply while in Spain as a tourist.
No National Unemployment Situation Consideration: Something that typically complicates the issuance of a work permit.
3-Year Duration: Granted for 3 years instead of 1, as in the general regime.
EU Mobility: Possibility to enter, reside, and work in any EU member state upon obtaining the ICT-EU type.

Requirements to Apply for the Visa and Residence

Requirements for Intra-Company Transfer Authorization Application

Both the employee and the company must meet certain requirements for the intra-company transfer application to be successful:

Employee Requirements:

Legal Status in Spain: The employee must not be in an irregular situation in Spain.
Age: The employee must be over 18 years old.
Criminal Record: The employee must not have a criminal record in Spain or in any country where they have lived during the last five years.
Legal Entry and Stay: The employee must not have been prohibited from entering Spain or considered undesirable in countries with which Spain has agreements.
Qualifications or Experience: The employee must have a higher education qualification or its equivalent, or alternatively, at least three years of relevant professional experience.
Previous Employment Relationship: The employee must have had a prior, continuous employment or professional relationship of at least three months with one or more companies within the same corporate group.

Company Requirements:

Real Business Activity: The company or corporate group must demonstrate that it has a real economic activity and is operating.
Company Relationship: The company must prove that the transfer is occurring between two companies within the same corporate group or between two companies that have a service provision agreement.
Social Security Coverage Certificate: The company must guarantee social security coverage, including healthcare, for the employee. This can be done through a coverage certificate if there is an agreement between Spain and the employee’s home country, or by appointing a representative to manage contributions if no agreement exists.
Transfer Documentation: The company must provide documentation that certifies the conditions of the employee’s transfer.
Fee Payment: The company must pay the corresponding fee for processing the authorization.

Meeting these requirements is essential for the approval of the intra-company transfer authorization application, allowing the employee to begin their professional activity in Spain legally.

Duration of the Authorization and Possibility to Bring Family Members

Duration of the Intra-Company Transfer Residence Authorization

The duration of the intra-company transfer residence authorization is linked to the transfer itself. In general, this authorization is valid for a maximum of three years, with the possibility of renewal for two-year periods if the conditions that justified the transfer remain valid.

However, there are some exceptions regarding the maximum duration of the transfer and, therefore, of the authorization, depending on the category of the worker:

Trainees: The maximum duration is one year.
Executives and Specialists: The maximum duration of the business transfer is three years.

Can I Bring My Family with Me to Spain?

Yes! Your family members can accompany you on your transfer and apply for residence authorization or the corresponding visa either jointly or later. This option extends to:

Spouse or common-law partner.
Minor children or adult children who are financially dependent on the holder or their partner and have not formed their own family unit.
Dependent ascendants in the first degree of the holder or their partner.

This option facilitates family reunification and allows your loved ones to accompany you during your stay in Spain.

Step-by-Step Application Process

This visa is an excellent opportunity for professionals who wish to move to Spain and work in a multinational company, enjoying multiple benefits and an efficient application process.

Obtaining the Job Offer : Ensure you have a job offer from the Spanish office of the multinational.
Initiating the Process by the Company: The company must initiate the process and submit the application.
Required Documentation: You must present a series of documents, including the employment contract, proof of professional qualifications, and a letter from the company justifying the transfer.
Submitting the Application: The application must be submitted to the UGE.
Resolution: The UGE will review the application and, if approved, will issue the residence authorization.

Application Process: Consular and Residence Phases in Spain

The process for obtaining intra-company transfer residence involves two distinct phases:

1. Consular Phase: Obtaining the Visa

Where to submit: Diplomatic missions and consular offices of Spain in your country of residence.
Mode: In-person only.

Check with the relevant diplomatic mission or consular office for specific details of the process before initiating the application. You can also rely on companies like Lexmovea with extensive experience in the process.

2. Residence Application Phase in Spain

Where to submit: The electronic headquarters of the Unit for Large Enterprises and Strategic Collectives (UGE-CE).
Mode: Online.

The company or entity hosting the worker in Spain must carry out this procedure.

Note that the consular phase is only required if the worker is outside Spain. If the worker is already legally residing in the country, they can proceed directly to applying for the residence authorization in Spain.

Required Documentation for the Intra-Company Transfer

To apply for the intra-company transfer residence authorization, the following documentation must be submitted:

Employee Documentation:

Passport: A complete copy of the passport with a validity of at least one year and at least two blank pages.
Criminal Record Certificate: Issued by the country or countries where you have lived in the last two years, for offenses covered by Spanish legislation. A sworn statement must also be provided confirming no criminal record in the past five years.
Qualifications or Experience: Documentation proving possession of a higher education qualification or its equivalent (legalized, translated, and if necessary, homologated), or a certificate demonstrating at least three years of relevant professional experience.
Previous Employment Relationship: Documents that prove a prior, continuous employment or professional relationship of at least three months with one or more companies in the corporate group.

Company Documentation:

Transfer Accreditation: Documents that prove the intra-company transfer.
Social Security Coverage: Documentation proving social security coverage and healthcare insurance for the worker, in case public healthcare coverage is not available.
Real Business Activity: Documents proving the existence of real business activity for both the host company and the corporate group, if applicable.

Resolution Deadlines:

Authorization: The resolution for the intra-company transfer residence authorization will be issued within 20 working days. The applying company will be notified by email.
Visa: Once the authorization is obtained, the fee is paid, and the requirements are met, the intra-company transfer residence visa will be issued within 10 working days.

Remember: It is important to submit all the required documentation completely and correctly to avoid delays or rejections in the process. If you have doubts, consult with an immigration expert for personalized advice.

Types of Intra-Company Transfer Residence Permits

ICT-EU Permit: This type of permit allows mobility within the European Union for workers transferred between the branches of a multinational company. In addition to working in Spain, you can perform your functions in other EU member states.
National Permit: This type of permit is limited to activity in Spain, allowing the transfer and work at a Spanish subsidiary of the multinational without the possibility of mobility to other EU countries.

ICT-EU Intra-Company Transfer Residence Authorization

This card is requested when one of the three types of workers is to be transferred to Spain:

Trainees: They need to carry out training activities at the Spanish branch to integrate into the company’s processes and operations, and during this time, they will continue to receive a salary.
Specialists: They have valuable knowledge and must be transferred to Spain to share it with the team in the country.
Executives and Managers: They need to manage a division or department at the Spanish office.

In these cases, the duration of the transfer can be up to 1 year for training and 3 years for specialists and executives.

One of the main advantages of this type of authorization is the mobility within the EU. Any foreign worker at a company branch in another EU country can be transferred to Spain, and vice versa, with prior notice to the UGE.

National Intra-Company Transfer Residence Authorization

This variation applies when the maximum transfer duration in the previous case (1 year or 3 years depending on the type of professional) has concluded, or for other cases such as the transfer of workers for contract execution (CSS) or professional relationships (IPs).

Why Choose Lexmovea for Your Intra-Company Transfer?

At Lexmovea, we understand the importance of efficient and hassle-free management in international talent mobility processes. Our team of expert immigration lawyers offers a comprehensive and personalized service to ensure the success of your intra-company transfer to Spain.

Advantages of Trusting Lexmovea:

Experience and Specialization: We have a team of highly qualified lawyers with extensive experience in immigration procedures and international mobility. We have in-depth knowledge of the applicable legislation and the specific requirements for each case.
Personalized Advice: We will analyze your individual situation and that of your company to provide tailored solutions and maximize the chances of success in your residence and work authorization application.
Comprehensive Management of the Process: We handle all the necessary procedures, from preparing documentation to submitting the application, tracking the case, and obtaining the visa if necessary.
Agility and Efficiency: We work diligently and efficiently to expedite the procedures and minimize waiting times, allowing you to start your new position in Spain as quickly as possible.
Peace of Mind and Security: We will keep you informed at all times about the status of your application and provide you with the peace of mind that your case is in the hands of professionals.
Commitment to Success: Our goal is to ensure that you obtain your residence and work authorization quickly and without complications, so you can focus on your professional development in Spain.

Frequently Asked Questions About Intra-Company Transfer to Spain

What is an intra-company transfer? An intra-company transfer is a permit that allows foreign professionals to work in Spain for a company related to their employer abroad.
Who can apply for it? Non-EU professionals transferred to Spain by their company.
What is the duration of the authorization? The maximum duration is three years for executives and specialists, one year for trainees, renewable if the conditions remain the same.
Can I bring my family with me? Yes, your spouse, common-law partner, dependent children, and dependent ascendants can accompany you.
What are the employee requirements? You must be in regular status, be over 18, have no criminal record, hold a higher qualification or have three years of experience, and have had a prior employment relationship of at least three months.
What are the company requirements? The company must demonstrate real business activity, a relationship between companies, social security coverage, and provide transfer conditions and payment of the fee.
How is the process carried out? Consular phase (if you are outside Spain) to obtain the visa, and residence phase (in Spain or with a visa) for the authorization.
What documentation do I need?
- Employee: Passport, criminal record, qualification/experience, and proof of previous employment relationship.
- Company: Transfer documents, social security coverage, business activity, and transfer conditions.
How long does the process take? The authorization is resolved within 20 business days, and the visa is issued within 10 business days after authorization.
What advantages does Lexmovea offer? Lexmovea offers experience, personalized advice, comprehensive management, agility, peace of mind, commitment, and success in your transfer.
How to write a work transfer letter? To write a work transfer letter, include your details, the company’s details, the reason for the transfer, the new location, and the expected date. Maintain a formal tone, express gratitude for the opportunity, and show willingness to assist with the transition. If you have doubts, consult online templates or seek professional help.
How can I transfer my company to Spain? To transfer your company to Spain, choose between opening a branch or a new entity. Register the company in the Mercantile Registry, obtain a NIF, and comply with tax and labor regulations. If you need work visas, apply for them as required. Legal advice ensures a more efficient process that complies with regulations.

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Intra-Company Transfer Residence Visa in Spain