If you are a highly qualified professional or executive (HQP), or a graduate or postgraduate from prestigious universities or business schools, and have a job offer in Spain, you can benefit from the HQP residence regime.
If you are outside of Spain, the company or entity wishing to hire you must first apply online for the corresponding authorization before applying for a national visa to enter Spain.
If you are already in Spain legally, the company or entity must also submit the authorization request online.
Information for companies
- If you’re looking to hire an HQP who is not from the EU, Switzerland, or the EEA, you can benefit from the HQP residence regime if:
- You are a large company or a group of companies.
- You are a small or medium enterprise (SME) in a strategic sector.
- You are developing a business project of general interest.
- Additionally, if you want to hire a graduate or postgraduate from prestigious universities or business schools as an HQP, you can benefit from this regime regardless of the company’s size, sector, or activity.
What are the job requirements?
To assess whether the worker qualifies as highly skilled, the position will be analyzed to determine if its functions match Groups 1 or 2 of the National Classification of Occupations 2011 (CNO-11). This will be reviewed against the job profile, the employment contract, professional classification, and the applicable collective agreement. However, even jobs not listed in these categories may be eligible for authorization if factors such as remuneration, sector, or qualifications are considered.
The residence authorization for highly qualified professionals requires that foreign workers intending to carry out professional activities hold a degree comparable to at least Level 1 of the Spanish Framework for Higher Education Qualifications, which aligns with Level 5A of the Spanish Qualifications Framework for Lifelong Learning. Alternatively, a minimum of three years of professional experience can serve as proof of qualifications.
Who submits the application?
The company or entity hiring the HQP, or a representative duly accredited by the company, must submit the application. At JTEXPAT, we assist with the entire process.
What are the requirements?
For the highly qualified professional:
- Must be legally present in Spain (you can also apply from your home country).
- Must not be a citizen or family member of an EU, EEA, or Swiss state.
- Must not be barred from entering Spain or any country that has a border agreement with Spain.
- Must have no criminal record in Spain or the countries where they have lived in the past five years.
- Must pay the relevant fees for the temporary residence and work authorization.
- Must have the legally required qualifications or professional certifications.
For the employer:
- Must provide a signed employment contract, ensuring the worker:
- Continuous activity for the duration of the authorization.
- Conditions that comply with current regulations and the applicable collective agreement for the job’s category and location.
- A gross annual salary of at least 1.5 times the average wage for the job.
- Must have sufficient economic, personnel, and material resources to meet business and employee obligations.
- Must be registered with the relevant Social Security system.
- Must be up-to-date with all tax and Social Security obligations.
What type of authorization is required?
An HQP residence authorization will be requested, valid for up to two years or the duration of the contract if it’s less than two years.
Is there a minimum salary?
Yes. The job offer must meet a minimum salary threshold, evaluated by the UGE. If the salary doesn’t meet this requirement, the application will be directly rejected.
The exact amount depends on the occupational group registered with the National Classification of Economic Activities in Social Security. There are two options:
- For executives or managers, the minimum annual salary is €54,142.
- For scientific, intellectual, and technical professionals, the minimum starting salary is €40,077 annually.
In some cases, the required salary may be reduced by 0.75% if:
- The application is made by an SME in a strategic sector, meaning the worker will be employed in such a company.
- The applicant is a young professional under 30 years old, in which case the minimum salary required is €30,500 annually.
Can the authorization be requested if the foreign worker is in Spain?
Yes, as long as they are in a legal situation. If they are outside Spain when the application is made, they must apply for a visa once the residence authorization is approved.
Renewal of the Highly Qualified Worker Visa
As previously mentioned, the Highly Qualified Worker Visa is initially granted for a period of three years. If you wish to extend your stay in Spain beyond this period, it is essential to understand the renewal process and its requirements.
To ensure a smooth renewal, it’s important that throughout the three-year validity of your initial authorization, you have continued working for the same company in the same position and under the same conditions that were originally approved for your visa.
Renewal Timeline
You must initiate the renewal process either 60 days before or within 90 days after your visa expires. However, it is highly recommended to begin the renewal process during the 60 days prior to expiration to avoid any potential penalties, as the Large Business Unit (UGE) has the authority to sanction those who let their visa expire before renewal.
Key Requirements for Visa Renewal
To successfully renew your highly qualified worker visa, you must meet the following requirements:
- Proof of continued eligibility: You must demonstrate that you still meet the same conditions that were required for your initial visa. The UGE will review your contributions to Social Security through the SILCON platform to confirm you have received the minimum salary required.
- Documentation of employment: You must submit proof that your employment relationship remains unchanged. This includes verifying that you are still working for the same company, with the same job functions, salary, and position as when you were originally granted the visa.
Changing Employers: What You Need to Know
In some cases, foreign workers may change companies while maintaining a similar role, or the company they work for may go through a merger or acquisition. Here’s how to handle those situations:
If you change employers but wish to retain your highly qualified worker visa, you must notify the Large Companies and Strategic Collectives Unit (UGE) according to the regulations outlined in Law 14/2013, Seventh Additional Provision.
After the change, you will need to submit a new visa application, which, if approved, will grant you a fresh two-year visa authorization as long as you continue to meet the requirements for highly qualified workers.
In cases where you change companies but both belong to the same corporate group, you must still submit a new application. However, in this case, the residence authorization may be renewed for the remaining time on your current visa.
If the company undergoes a merger or acquisition, your visa will be renewed for the remaining duration, as specified in Article 44 of the Workers’ Statute.
Can family members accompany the highly qualified professional?
Yes, at any time, family members can apply for authorization or, if needed, a visa. Family members include:
- Spouse or registered partner.
- Minor children or adult children financially dependent on the HQP.
- Ascendants in the worker’s care.
Key Benefits of the Highly Qualified Worker Visa
Beyond granting you the right to live and work legally in Spain, the Highly Qualified Worker Visa offers several additional advantages:
- Freedom of movement: You can travel freely within the Schengen Area.
- Family reunification: You can bring your family to Spain through a joint application.
- Path to citizenship: The years under this residency count toward Spanish citizenship.
- Nationwide employment: You are allowed to work in any region of Spain.
- Apply from Spain: It’s possible to obtain this visa while in Spain as a tourist.
- EU access: The visa is valid in 25 of the 27 EU countries (except Denmark and Ireland).
How is it Different from the EU Blue Card?
While both the Highly Qualified Worker Visa and the EU Blue Card target professionals with specialized skills, they are distinct in several ways.
The EU Blue Card grants the ability to work across various EU countries under the same conditions, whereas the highly qualified worker visa limits employment to Spain.
Another key difference lies in the salary requirements:
- The EU Blue Card requires a salary of 1 to 1.5 times the average gross annual salary of the EU country where you plan to work.
- For the highly qualified worker visa, the minimum salary threshold is €50,000 annually.
Despite these differences, both permits require applicants to hold university-level degrees or higher qualifications.
Requirements for the Highly Qualified Worker Visa
Securing a job offer in Spain is just one step in the process. Meeting the criteria for the highly qualified visa is another challenge. But how can you ensure your profile aligns with Spanish immigration laws?
Here are the primary requirements and profiles considered under the Entrepreneur’s Law:
Academic Background
One of the most critical factors in obtaining this visa is your educational background.
Many visa applications are rejected because the applicant’s qualifications do not meet the standards set by the Spanish immigration authorities. To increase your chances of approval, it’s highly recommended to have completed a master’s degree or Ph.D. from a reputable university or a recognized business school.
Additionally, the role you will perform in Spain should be closely related to your area of study, ensuring that your qualifications match the job offer.
At JTEXPAT, we specialize in managing residence permits for highly qualified professionals. Whether you’re an individual, a company, or a family member, feel free to schedule an appointment or contact us for assistance.
