Intra-company transfer residence authorization in Spain

Intra-company transfer residence authorization in Spain

Intra-company transfer residence authorization in Spain

The intra-company transfer residence authorization is an important topic for non-EU workers who wish to move to Spain for work. This permit facilitates the mobility of professionals within multinational companies and provides a legal framework that protects their rights and sets out their obligations in the country.

In this article, we’ll take an in-depth look at how to apply for this authorization, the requirements and the application process. We’ll also cover the available types and the possibility of bringing your family with you during the transfer.

What is an intra-company transfer residence authorization?

The intra-company transfer residence authorization in Spain is a permit that allows non-EU workers to transfer to a company within the same group or to another closely related company. This type of authorization is particularly relevant for professionals looking to broaden their work experience in a new environment.

This permit is essential for those who wish to work in Spain, as it gives them the legal right to reside and work in the country for a specified period. It also ensures that workers’ rights are protected under Spanish law.

Workers who are outside Spain must apply for a national visa once they have obtained the authorization. For those already in the country, the application must be handled by the company hiring them, which must ensure that all legal requirements are met.

What are the requirements for applying for an intra-company transfer residence authorization?

To apply for the intra-company transfer residence authorization, you must meet a number of general and specific requirements:

  • Employment relationship: The worker must have been employed by the company requesting the transfer for a minimum period, generally at least six months.
  • Worker’s qualifications: The applicant must have the qualifications required for the position to which they will be transferred.
  • Company’s activity: The company must be legally registered and operating in Spain.
  • Supporting documents: Submit documents such as the employment contract, transfer letter and other requirements, which may vary depending on the type of authorization applied for.

It is important to note that the application must be handled by the company hiring the worker, which is responsible for providing all the necessary documents to facilitate the process.

What is the application process for an intra-company transfer residence authorization?

The process for applying for the intra-company transfer residence authorization can be divided into several key stages:

  1. Gathering the documents: The company must collect all the documents needed to demonstrate the employment relationship and compliance with the requirements.
  2. Submitting the application: Once all the documents are ready, the application is submitted to the relevant Immigration Office.
  3. Assessment by the authorities: The authorities will review the application and, if necessary, may request additional information.
  4. Notification of the decision: If the application is approved, the authorization will be issued, allowing the employee to begin their transfer to Spain.

The company is advised to stay in regular contact with the authorities to help ensure the process runs smoothly. Legal advice can also help clarify the requirements and prevent errors when submitting the application.

How long can an employee stay in Spain with an intra-company transfer permit?

The duration of the intra-company transfer residence authorization may vary depending on the employee’s profile:

  • Managers and specialists: They may obtain permits for up to three years, allowing them to stay in the country for an extended period.
  • Trainees: They have a more limited permit, generally valid for one year.

This timeframe allows companies to manage their human resources effectively and employees to gain work experience in a new setting. Extensions may also be requested under certain conditions, which could extend the stay in Spain.

What types of intra-company transfer residence authorization are available?

There are two main types of intra-company transfer residence authorization:

  • EU ICT: This type is for employees of companies based outside the EU and allows mobility within the European Union.
  • National: This refers to employees transferring within the same company who do not meet the criteria for EU ICT.

Each type has its own requirements and benefits, so companies should assess which is best suited to the employee’s profile and the type of transfer.

Can I bring my family with me when applying for intra-company transfer residence authorization?

Yes. Employees granted intra-company transfer residence authorization may include their family members in the application. Spanish regulations allow family reunification for people who hold a work permit.

The family members who may be included are:

  • Spouse
  • Minor children
  • Dependants

To complete the family reunification process, you must submit the relevant documents proving the family relationship. This is essential to ensure that employees can not only work in Spain but also have the support of their loved ones.

Related questions about intra-company transfers

What is an intra-company transfer?

An intra-company transfer is the movement of an employee from one company to another within the same corporate group, either nationally or internationally. This arrangement is designed to make efficient use of talent and resources in multinational companies.

The transfer may be temporary or permanent. Its purpose is to support the employee’s professional development and encourage the exchange of knowledge between the company’s different locations.

What is an intra-company transfer work permit?

An intra-company transfer work permit is a document that allows an employee to move to another country to work at a subsidiary, branch or company within the same group. This type of permit is essential to legalize the employee’s stay and work in the host country.

The company must apply for the permit, which is subject to meeting certain requirements set out in the immigration laws of the country concerned.

What does intra-company transfer mean?

An intra-company transfer involves moving employees within the same company or corporate group to a different location. Specific regulations govern this arrangement, allowing employees to maintain their employment relationship while working at different branches or subsidiaries.

This type of transfer benefits both the employee, who can gain new skills and experience, and the company, which can optimize its operations across different markets.

How long does a residence authorization take?

Processing time for an intra-corporate transfer residence authorization can vary, but it is generally estimated to take between one and three months. This timeframe depends on several factors, including the workload of the immigration authorities and the complexity of the case.

To avoid delays, the company should submit all the required documents completely and accurately and stay in contact with the authorities to check the application status.

General information

This content is for informational purposes only and does not replace professional legal advice or information provided by the competent authorities.

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