Understanding Intra-Company Transfer Permits in Spain
In the realm of international mobility, Spain offers two types of authorizations for the transfer of personnel between companies: the ICT-UE (Intra-Corporate Transfer – European Union) authorization and the National Intra-Company Transfer authorization. These permits are essential for organizations looking to move their employees across borders while ensuring compliance with Spanish immigration laws. Below, we will explore the nuances of these permits, including their features, requirements, benefits, and the application process.
ICT-UE Authorization
The ICT-UE authorization is designed for executives, specialists, and trainees who are being transferred to a company or group of companies based in Spain. This authorization stands out for incorporating the right to intra-mobility within the European Union. This means that a company headquartered in Spain can transfer its employees to other offices within the EU following simplified procedures. Furthermore, workers holding an ICT-UE authorization issued by another EU member state can be transferred to Spain with prior notification to the UGE (Unidad de Grandes Empresas).
National Intra-Company Transfer Authorization
The National Intra-Company Transfer authorization applies in situations not covered by the ICT-UE, such as the execution of a specific contract or professional relationships (IPs). The main distinction from the ICT-UE is that this authorization does not grant the right to intra-mobility in other EU countries.
Duration and Renewal
Both authorizations are valid for the duration of the transfer, with a maximum of two years. The ICT-UE authorization allows for renewal for additional periods of two years, but with a maximum limit of three years for executives and specialists, and one year for trainees.
Family Accompaniment
The family members of transferred employees can apply for residence authorization in Spain at any time. This includes the spouse or partner, minor children or dependents, and dependent ascendants.
Key Differences Between the Two Authorizations
- The ICT-UE authorization allows for intra-EU mobility, enabling Spanish-based companies to transfer executives, specialists, and trainees to their centers in other EU states according to simplified procedures.
- Companies established in another EU state can transfer individuals holding an ICT-UE authorization issued in that state to Spain with prior notification to the UGE.
- The National Intra-Company Transfer authorization does not provide the right to intra-mobility in other EU countries.
Application Eligibility
Can Foreigners Apply While in Spain?
Yes, as long as they are in a legal status. If a foreigner is outside Spain when applying, once granted the residence authorization, they must apply for a visa.
Which Companies Are Eligible for Transfer Requests?
Only those companies that meet at least one of the following criteria can apply for the intra-company transfer of highly qualified employees or managers:
- The average size of the workforce must exceed 250 employees in Spain, maintained for the three months prior to the application.
- The net annual revenue of operations in Spain must exceed 50 million euros.
- The net worth of assets in Spain must be over 43 million euros.
- The average annual gross investment must not be less than 1 million euros during the three years preceding the application.
- The value of shares in Spain must exceed 3 million euros, as reported to the Registro de Inversiones Extranjeras of the Ministry of Industry, Commerce, and Tourism.
- Small and medium-sized enterprises must operate in strategic sectors that contribute to the socioeconomic development of Spain.
Once the eligibility criteria are met, the company can register with the UGE fast-track, simplifying future applications.
Benefits of the Intra-Company Transfer Permits
The ICT-UE authorization offers several advantages, particularly for non-EU citizens:
- Simplified application process: The employee being transferred to the Spanish headquarters can be in Spain during the application process without needing a residence permit. This simplifies the process significantly, allowing the employee to address all necessary bureaucracy without worrying about the time required or their legal status.
- Optimized and expedited processing: This visa enjoys preferential status both at the consulate in the country of origin and at the Office of Foreigners in Spain. This means quicker processing times, typically taking only 7-10 days for the visa and 20 days for the residence authorization.
- No national employment conditions: The existing employment relationships remain unchanged, allowing the worker to maintain their original employment terms.
- Free movement within the Schengen Area: Once granted residence authorization as a transferred employee, individuals can travel freely across all Schengen states.
- Family reunification: Employees can bring their immediate family to Spain. Once the application is submitted, direct family members (spouse, children, and dependent parents) can submit their own applications, enabling them to live and work legally throughout Spain.
Specific Requirements
Foreigners interested in this type of authorization must meet the general requirements established by the Entrepreneurs’ Law for all authorizations:
- Must not be in an irregular situation in Spanish territory.
- Must be at least 18 years old.
- Must have no criminal record for offenses under Spanish law, both in Spain and in countries of residence over the past two years. A declaration of no criminal record for the last five years must also be presented.
- Must not be listed as inadmissible in countries with which Spain has agreements.
- Must have public or private health insurance with a provider authorized in Spain.
- Must have sufficient financial resources for themselves and their family during their stay in Spain.
- Must pay the processing fee for the authorization or visa.
Additionally, specific requirements for this authorization include:
- Documentation from the company supporting the transfer.
- Evidence of actual business activity, and if applicable, group company existence.
- Higher education credentials equivalent to at least Level 1 of the Spanish Qualifications Framework for Higher Education, corresponding to Level 5A of the Spanish Qualifications Framework for Lifelong Learning; or professional knowledge, skills, and competencies validated by at least three years of professional experience equivalent to that qualification.
- A prior and continuous employment or professional relationship of three months with one or more companies in the group.
Renewal Process
To renew this type of residence permit, the renewal request must be submitted within 60 calendar days prior to the expiration of the authorization or within 90 calendar days following its expiration. Renewals can be requested for periods of up to three years as long as the same conditions are maintained, subject to the limitations established in collective agreements of both countries—the “sending” country where the worker was initially hired and Spain.
The maximum transfer duration for certain categories affects the validity of the authorization and the possibility of renewal:
- Transfers for executives and specialists can last a maximum of three years.
- Transfers for trainees are limited to a maximum of one year.
How to Apply for Your Intra-Company Transfer Residence Authorization
At JTEXPAT, we can assist you in preparing and processing this request before the UGE-CE, managing all necessary interactions with the administration to obtain your residence for intra-company transfer in Spain. This is a complex procedure that requires meticulous attention to detail and proper handling of all aspects of the application. With our expertise, we ensure that your transition to Spain is as smooth and successful as possible.
We have experience in this type of procedure, so if you need any assistance, please do not hesitate to set an appointment or contact us.
