Permit as a Highly Qualified Worker in Spain

Discover how to obtain one of the most advantageous work visas and residence permits if you are a foreigner with higher education and have received a job offer as a manager or in a technical position. We will show you all the requirements, the necessary documentation, and the step-by-step application process to obtain the work permit as a highly qualified worker in Spain.

What is the Highly Qualified Worker Visa?

The Highly Qualified Professional Visa (PAC Visa) is a highly specialized residence authorization that allows non-EU citizens to live and work legally in Spain, provided they have a job offer from a Spanish company in a qualified or technical position, or as a manager with staff under their supervision.

There is no single rule applicable to all cases for the initial residence authorization for highly qualified professionals. Depending on how the requirements are met, a professional’s profile may qualify for this highly specialized residence permit.

What Are the Requirements for a Professional to Be Considered Highly Qualified?

To be considered a highly qualified professional in Spain, you must meet at least one of the following requirements for the highly qualified professional visa in Spain:

1. Higher Education Qualification: You must hold higher education credentials, such as a university degree, bachelor’s degree, or master’s degree. This education must provide the necessary qualifications to perform a high-level profession or engage in advanced research programs.
2. Professional Experience: You must have at least three years of professional experience in the position or activity for which the highly qualified professional visa is being requested.
3. Technical and Specialized Activity: You must engage in a professional activity requiring technical and specialized knowledge.

Categories of Highly Qualified Professionals

The list of highly qualified professionals eligible for the highly qualified professional visa in Spain is divided into two main categories:

1. Professionals Working in Spain: These professionals will perform labor or professional activities in Spain.
2. Professionals Engaged in Training, Research, or Development: These individuals will participate in training, research, or development activities in Spain.

Meeting these requirements does not automatically guarantee the issuance of a residence and work permit. The final decision depends on an individual evaluation conducted by the relevant authorities.

List of Professions Considered Highly Qualified in Spain

Below is a detailed list of professions considered highly qualified in Spain, grouped according to the National Classification of Occupations (CNO-11). To hire a Highly Qualified Professional (PAC) in Spain, the position must fall under Groups 1 and 2 of the aforementioned classification:

GROUP 1: Members of the Executive, Legislative Bodies, and Managers

• Members of the executive and legislative bodies: Presidents, ministers, deputies, senators, mayors, councilors, etc.
• Senior public administration officials: General directors, secretaries of state, undersecretaries, etc.
• Heads of small municipalities: Mayors of small towns.
• Leaders and administrators of specialized organizations: NGO directors, professional associations, etc.
• Company directors: General directors, department heads (production, operations, marketing, finance, etc.).
• Business managers: Area managers, project managers, etc.

GROUP 2: Scientific and Intellectual Professionals

• Physical, chemical, mathematical, and engineering professionals: Physicists, chemists, mathematicians, statisticians, engineers (civil, industrial, computer, etc.).
• IT professionals: Systems analysts, programmers, software developers, etc.
• Architects, engineers, and related professionals: Architects, technical engineers, draftsmen, etc.
• Biological sciences professionals and other disciplines related to living organisms: Biologists, biochemists, pharmacists, veterinarians, etc.
• Doctors and related professionals (excluding nursing and midwifery): Specialists, dentists, clinical psychologists, etc.
• Senior nursing and midwifery personnel: Specialist nurses, midwives, etc.
• Education professionals: University professors, secondary school teachers, primary and preschool teachers, etc.
• Other scientific and intellectual professionals: Business organization and management specialists, lawyers, economists, archivists, librarians, documentalists, social scientists, writers, artists, priests, etc.

This list of highly qualified jobs in Spain is a general guide and may vary depending on updates to the CNO and specific labor market needs. If you have doubts about whether your profession is considered highly qualified, we recommend consulting an immigration expert, such as Lexmovea, for personalized advice.

Advantages of Hiring Through the Highly Qualified Professional Permit

The Entrepreneurs Support Act offers significant advantages for companies wishing to hire highly qualified professionals from non-EU countries in Spain:

• Faster Processing: Residence authorization is processed within 20 days, and the visa within 10 days, streamlining the integration of foreign talent.
• Age Flexibility: No maximum age limit for applicants, allowing access to experienced professionals.
• National Residence and Work Authorization: Workers can reside and work anywhere in Spain.
• Processing from Abroad: Professionals can apply while in their country of origin or legally residing in Spain.
• No Hard-to-Fill Occupation List Requirement: It is not necessary to prove that the position cannot be filled by a national or resident worker.
• Family Applications: Residence authorizations for spouses and children can be processed simultaneously or at a later time if needed.

These benefits make the Entrepreneurs Support Act an attractive tool for companies looking to attract international talent and enhance their global competitiveness.

Benefits for Highly Qualified Workers in Spain

Holding a Highly Qualified Worker Visa provides several additional advantages:

• Schengen Mobility: Free movement within Schengen countries.
• Family Reunification: Joint applications allow you to bring your family.
• Path to Citizenship: Time spent under this permit counts toward eligibility for Spanish nationality.
• Nationwide Work Authorization: Work anywhere in Spain.
• Application from Spain: Obtain the visa directly while in Spain as a tourist.
• Validity Across the EU: Recognized in 25 of 27 EU countries (except Denmark and Ireland).

Key Requirements for the Highly Qualified Worker Visa

Obtaining a job offer is just the first step. Meeting the requirements for a highly qualified professional visa involves a more comprehensive process. Here are the key conditions for both the professional and employer:

Requirements for the Highly Qualified Professional

1. Legal Residence: Be in regular immigration status in Spain or begin the application process from your home country.
2. Non-EU Nationality: Not be a citizen or family member of a citizen from the EU, EEA, or Switzerland.
3. Legal Entry and Stay: No entry bans into Spain or countries with agreements with Spain.
4. Clean Criminal Record: No criminal history in Spain or any country of residence in the past five years.
5. Payment of Fees: Pay the required fees for the residence and work authorization process.
6. Professional Qualifications: Possess the qualifications and training required for the job. Foreign degrees must be officially recognized in Spain.

Educational Background

A strong academic profile is crucial. Many applications are denied due to a lack of degrees from prestigious universities or recognized business schools.

• Recommended Degrees: Master’s or doctoral programs from reputable institutions accepted by the UGE.
• Relevance of Studies: Your tasks at the hiring company must align with your field of study.
• Alternative Experience: If you lack higher education, demonstrate three years of professional experience in a similar role.

Employer Requirements

1. Employment Contract: A signed contract ensuring:
   • Continuous activity during the authorization period.
   • Conditions that comply with Spanish labor laws and applicable collective agreements.
   • An annual gross salary exceeding 1.5 times the average salary for the profession.
2. Financial Solvency: Sufficient economic, personal, or material resources to meet business and worker obligations.
3. Social Security Registration: Registered with the appropriate Social Security system.
4. Tax Compliance: Up-to-date on all tax and Social Security obligations.

Job Description and Tasks

The worker’s tasks must meet the criteria for a highly qualified position:

• Management Role: Occupying a managerial position.
• Specialized Tasks: Performing technical or specialized work, clearly outlined in the job description submitted to authorities.

Minimum Salary Requirements

Spanish immigration law specifies minimum salary thresholds for highly qualified professionals:

• Managers/Directors: €54,000 per year.
• Scientific/Intellectual Professionals: €40,000 per year.

Additional Notes:

• Variable salary components are excluded from the calculation.
• For workers under 30, a 25% salary reduction applies.
• Benefits in kind (e.g., housing) cannot exceed 30% of the total salary.

Job Offers from Universities or Government Institutions

Job offers from public institutions (e.g., universities, government) for research, teaching, or technical work also qualify for the Highly Qualified Worker Visa, without requiring an offer from a private company.mbién puedes solicitar esta visa trabajador altamente cualificado España. No necesitas una oferta de una empresa en este caso.

Documentation for Obtaining Residency as a Highly Qualified Worker

The application for residence and work authorization for highly qualified professionals must be accompanied by the following documentation:

General Documents:

• Copy of the employment contract or professional relationship between the employer and the employee.
• Detailed description of the job profile.
• CV of the highly qualified professional.
• Passport of the highly qualified professional.
• Criminal record certificate of the highly qualified professional.
• Public or private health insurance contracted with an authorized insurer in Spain.
• Documentation proving sufficient financial resources to support oneself and one’s family during the stay in Spain.

Specific Documents:

In addition to the general documents, the following documents must be provided to demonstrate the type of employment contract the company is offering:

• For companies with a high turnover: Information about the company’s revenue and business volume.
• For companies in a strategic sector or developing a project of general interest: Report from the General Directorate of Trade and Investments certifying this.
• For graduates and postgraduates from prestigious universities and business schools: Academic title of the highly qualified professional.

Important Considerations for Document Submission

Important: All foreign-language documents must be accompanied by a sworn translation into Spanish. It is also crucial to demonstrate the availability of sufficient financial resources to cover the stay in Spain, both for the professional and their family.

Submitting complete and correct documentation is key to speeding up the process and increasing the chances of success in the application.

Step-by-Step Application Process for Highly Qualified Worker Permit

Now that you know the required documentation and the requirements to meet, the next question is: What exactly is the process? How can you obtain your work permit in Spain as a highly qualified worker?

1. Obtaining a Job Offer in Spain: You not only need a job offer, but it is the company offering the job that must initiate the process and submit your application.
2. Application Form: The company needs to submit the application form.
3. Accepted Application: If the application is accepted and you are in Spain at that time, you can directly apply for your three-year residence permit, as long as your status in the country is regular. If you are in your home country, you will first need to apply for a one-year visa at the Spanish consulate. The application is typically processed within two weeks.
4. Residence Permit: Before the visa expires, you can apply for a three-year residence permit. You will need to go to a police station where your fingerprints will be taken, and your residence card should be ready in about a month.
5. Renewal: You can renew the highly qualified residence permit as long as the conditions are still met, for up to five years.

Where to Submit and Send the Required Documents?

The Unit for Large Enterprises and Strategic Collectives (UGE-CE) is the institution responsible for validating that you indeed have a highly qualified position. This unit is part of the General Directorate of Migrations. This permit can be requested either directly from Spain or through a visa from the corresponding Spanish Consular Office in your home country.

You will need to send them your CV and the job description. If you meet the specific requirements, you will receive a “residence authorization for highly qualified professionals.”

Can You Include Your Partner and Children in Your Application as a Highly Qualified Professional?

Yes, you can make a joint application. This means that the primary applicant can obtain a residence permit in Spain for their family (spouse and children). Both the spouse and children must submit the same application and documentation as they would if they were family members of an investor.

How to Manage the Process If You Already Have a Job and Are Simply Relocating to Spain Within the Same Company

If you already have a job in your home country that meets the highly qualified criteria and the company you work for wants to transfer you to its branch in Spain, you will need to apply for an intra-company transfer residence permit.

The application process is different and has its own particularities. The advantage is that this type of visa is prioritized in processing, so if you meet the requirements, you can obtain it more quickly.

This applies both to individuals working in multinational companies who are transferred from one country to another (Spain in this case), as well as to those transferred to another company within the same corporate group.

Renewal of the Highly Qualified Worker Visa

As mentioned earlier, for highly qualified workers, this residence authorization is valid for three years. Below, we will cover the most important aspects to consider when renewing this permit and continuing to live in Spain in the long term.

It is essential that during these three years, you have worked for the same company and performed the same duties that justified the initial authorization.

When the card is close to expiring, you must start the renewal process within 60 days before the expiration date or up to 90 days after that date. However, it is recommended to renew within the 60 days before expiration to avoid possible penalties from the Unit for Large Enterprises.

Renewal Requirements:

1. Initial Requirements: You must prove that you continue to meet the conditions that led to the initial authorization. The UGE will verify this through the SILCON platform, checking the contribution base and time worked to ensure you are receiving the minimum salary set.
2. Additional Documentation: Submit all necessary documents proving that the employment relationship continues, including evidence that you are still working for the same company under the same conditions, salary, functions, and position.

Changing Company for Highly Qualified Professionals in Spain

Changing companies for highly qualified professionals in Spain involves a careful process, as the work permit of these professionals is usually linked to their current employer. Before making any changes, it is essential to review the conditions of your authorization. If the permit is specific to one company, you will need to apply for a new authorization for the new employer, ensuring that they meet the hiring requirements set by law.

To apply for the new work authorization, the professional must submit several documents, including a signed employment contract with the new company, proof of their professional qualification, and documentation supporting their identity and immigration status, such as the NIE and residence card. It is crucial that the professional does not start working for the new company until they have obtained the appropriate authorization, as doing so without authorization may result in the loss of their immigration status.

Since the process can be complex and varies depending on the professional’s situation and the type of employment they seek, it is advisable to seek legal counsel. A lawyer specialized in immigration law can help navigate the necessary procedures and ensure all documentation is in order. Changing companies can offer new professional growth opportunities, especially in expanding sectors where demand for international talent is high.

What Happens If I Change Companies After Already Having My Residence Card?

Although it is not common, it may happen that you change companies while maintaining a similar position. In this case, and if you wish to keep your card as a highly qualified worker, you must notify the change to the Unit for Large Enterprises and Strategic Collectives as outlined in the seventh additional provision of law 14/2013 of September 27.

To remain the holder of the authorization, you will need to submit a new application. This new application will grant you an initial authorization for the full duration if you continue to meet the criteria for being considered highly qualified.

In cases of a company change within the same corporate group, you must also submit a new application. If it is a company merger or absorption, the residence authorization will be renewed for the remaining time of the initial authorization, as set forth in Article 44 of the Workers’ Statute.

What Is the Minimum Salary for a Highly Qualified Worker?

The minimum salary required to obtain residence authorization as a highly qualified professional in Spain varies depending on the occupation group. For executives or managers, the minimum is €54,142 annually, while for technical and scientific professionals, the minimum is €40,077.

Salary for Highly Qualified Workers Under 30 Years Old

The salary requirement can be reduced to €30,500 for professionals under 30 years old or if the hiring company is a SME in a strategic sector. It is crucial to meet this salary requirement, as the Unit for Large Enterprises (UGE) evaluates it rigorously, and non-compliance may result in the rejection of the application.

From Student Visa to Highly Qualified Worker Permit

If you have been studying in Spain (master’s, bachelor’s, or doctorate) for at least one year on a student visa, you can obtain your highly qualified worker permit more easily. The job requirements are the same as those discussed, but the procedures will be less complex.

Do I Need to Consider the National Employment Situation to Apply for a Work Permit as a Highly Qualified Professional?

No, unlike other work permits, the application for residence as a highly qualified professional does not require consideration of the national employment situation. This means that the company does not have to demonstrate that no Spanish citizen is willing to fill the position, which greatly simplifies the process for both the foreign worker and the hiring company.

What Is the Difference with the EU Blue Card?

Many foreigners tend to confuse both permits, but in reality, they are two distinct cards. The EU Blue Card is a work permit that, with the same requirements, allows you to work in any EU country. On the other hand, the highly qualified worker visa only allows you to work in Spain.

Key Differences:

• Scope: The EU Blue Card allows you to work in any EU country, while the highly qualified visa is exclusive to Spain.
• Salary Requirements: The EU Blue Card requires a salary between 1 to 1.5 times the average gross annual salary of the country you wish to work in, while the highly qualified visa in Spain requires a salary of over €50,000 annually.
• Educational Requirements: Both permits require university-level or higher qualifications as a common condition.

These differences make each card suited to specific profiles, and depending on your needs and situation, one may be more appropriate than the other.

Applicable Legal Framework

The work permit for highly qualified professionals in Spain is regulated by law 14/2013 on Support for Entrepreneurs and Their Internationalization, specifically in Article 71. Therefore, the main feature of this permit is that it is not regulated by the general immigration law, and all applications are managed by the UGE (Unit for Large Enterprises in Spain), where this highly qualified work permit is applied.

Comprehensive Services for International Talent Recruitment at Lexmovea

At Lexmovea, our immigration law experts offer comprehensive services to facilitate the hiring of highly qualified foreign professionals and research/teaching personnel for your company.

Comprehensive Management of Highly Qualified Worker Visa in Spain

We take care of the entire process of applying for a highly qualified worker visa in Spain from start to finish, including:

• Advising on identifying the appropriate professional profile.
• Analyzing the applicable regulations and specific requirements.
• Preparing and submitting the residence and work authorization application.
• Following up on the application and managing any potential issues.
• Assisting with the visa process and the worker’s arrival in Spain.

Advice and Consultancy for Highly Qualified Worker Permits

In addition to comprehensive management, we offer advisory and consultancy services to support your company in international talent recruitment projects:

• Analyzing your company’s needs and designing recruitment strategies.
• Evaluating the feasibility of hiring and the legal requirements.
• Training your HR team on international hiring matters.
• Resolving questions and concerns about legal and practical aspects.

Collaboration and Outsourcing:

We work closely with your HR team, offering a flexible and adaptable service tailored to your needs to successfully obtain the highly qualified worker visa. We can act as an external immigration department, handling all legal and administrative aspects related to international talent recruitment.

Trust Lexmovea to Attract and Retain the Best Talent:

Our goal is to facilitate the integration of highly qualified professionals into your company by streamlining the processes and ensuring compliance with current regulations. With Lexmovea, your company can access a global talent pool and strengthen its competitiveness.

Frequently Asked Questions About Highly Qualified Worker Permits in Spain

1. What Is the Salary for Highly Qualified Workers in Spain? In Spain, the minimum salary required for a worker to be considered highly qualified and eligible for residence and work authorization under the Entrepreneurs’ Law is as follows:
   • Group 1: Executives and Managers: Minimum annual salary of €54,142.
   • Group 2: Technicians and Scientific/Intellectual Professionals: Minimum annual salary of €40,077.
2. What Is the Best Way to Hire Qualified Foreign Workers? The best way to hire qualified foreign workers involves clearly defining the job profile and searching international job platforms such as LinkedIn and Indeed, as well as considering collaboration with recruitment companies experienced in international talent. It is essential that the job offer specifies that international candidates are welcome and that visa assistance will be provided. Once the candidate is selected, the visa process must be managed to ensure the worker has the necessary permits to work in Spain. Offering relocation support, such as help finding housing and adjusting culturally, can also be a great incentive. Finally, it is crucial for the qualified worker to comply with labor and immigration laws, including formalizing the employment contract and fulfilling tax and labor obligations to ensure a smooth and successful process.
3. What Are the Family Requirements for Highly Qualified Workers/Highly Qualified Worker Visa in Spain? The family requirements for the initial residence authorization for family members of highly qualified workers include applying for temporary residence through family reunification. This includes the spouse, common-law partner, children under 18 years old, or dependent adult children of the professional. To meet visa PAC requirements, a completed application form, valid passport, criminal record certificate from the last five years, medical certificate proving the absence of serious diseases, and documentation proving the family relationship (such as marriage or birth certificates) must be submitted. Additionally, one of the requirements for the highly qualified professional is to demonstrate that they have sufficient financial means to support their family and provide an adequate residence. The application can be submitted at the same time as the professional’s application. These requirements are essential for successfully obtaining the highly qualified worker visa in Spain.
4. What Are the Highly Qualified Professions in Spain? In Spain, highly qualified professionals are those who hold key roles in strategic sectors such as technology, engineering, or medicine. With higher education and experience, they often qualify for expedited work permits in Spain through the UGE due to their economic impact.
5. Can I Obtain the PAC Visa if I Am Not a Qualified Worker? One of the most common questions about this permit is what it means to be a non-qualified worker. If you are a non-qualified worker, you can also access opportunities in Spain, but the conditions are different. Generally, you need a job offer from sectors included in the Difficult-to-Fill Occupations Catalogue or through origin-based recruitment agreements. Although the process may take longer, it is possible to obtain work permits by meeting the requirements set by immigration regulations.
6. What Is the Difference Between a Qualified and Non-Qualified Worker? The difference between a qualified and non-qualified worker lies in the required education. Qualified jobs in Spain involve technical or academic preparation for specialized tasks, such as engineers or doctors, while non-qualified workers perform general roles, such as cleaning or construction. Qualified workers generally have more opportunities, especially in immigration processes like highly qualified worker visas.
7. Is It Possible to Obtain the PAC Visa for Non-EU Doctors? Yes, non-EU doctors can obtain the visa for highly qualified professionals (PAC) in Spain if they meet certain PAC visa requirements: having a job offer in Spain, having their degree recognized, and being registered with the relevant professional association. This visa allows them to reside and work in Spain as qualified healthcare professionals.
8. Where Can I Obtain the Initial Highly Qualified Worker Residence? The highly qualified worker (PAC) permit is requested through the Unit for Large Enterprises (UGE-CE). The company submits the application, demonstrating that the position meets the requirements. Once approved, the visa is collected from the consulate, and the residence in Spain is managed.
9. Can I Change Companies if I Am a Highly Qualified Worker? Yes, if you have a residence permit as a highly qualified worker (PAC), you can change companies, but it is important that the new position meets the permit’s requirements. To change companies, you must notify the Unit for Large Enterprises (UGE-CE) and submit the documentation justifying that the new job aligns with the criteria for highly qualified workers. Failing to do so could affect your immigration status.