Displaced Workers Management
Every year a large number of foreign employees who work for a multinational are transferred to Spain to start working at the Spanish headquarters. Whether it is to lead teams, to carry out training tasks or to make valuable knowledge available to the Spanish division, this type of transfer is legally possible thanks to the residence permit for intra-company transfer.
In this post you will discover what all the requirements how much he worker as company must meet for a successful application, how the step by step process, and others legal advice which will be very useful to you.
Spanish regulations offer two alternatives for the intra-company transfer of foreigners (non-EU, EEA and Swiss citizens):
1. The authorization for ICT-UE intra-company transfer for managers, specialists and workers in training.
2. The national authorization for intra-company transfer for other cases, For example, the transfer of workers for the execution of a contract (CSS), the transfer of workers for a professional relationship (IPs).
The request for one authorization or another depends on the personnel that is going to move to the center of the company or the group of companies located in Spain.
What is the difference between these two authorizations?
The authorization for intra-company transfer ICTUE incorporates the
right to EU intramobility. This allows companies based in Spain to transfer their managers, specialists and workers in training to their centers in other States of the Union in accordance with the simplified procedures of each State. Companies established in another State of the EU may relocate holders of an ICT-EU authorization issued in another State of the Union, prior notification to the CGU.
If the foreigner is in Spain, can authorization be requested?
Yes, as long as you are in a legal situation. If the foreigner is outside of Spain at the time of the application, once the residence permit has been granted, they must apply for a visa.
What is the validity of the authorization?
The validity of the authorization coincides with the duration of the transfer, and may be up to 2 years.
Can it be renewed?
Yes, renewal may be requested for periods of up to two years as long as the conditions are maintained. However, there is a maximum duration of the transfer for certain categories that conditions the validity of the authorization or the possibility of renewing it. The transfer of managers and specialists: maximum 3 years The transfer of workers in training: maximum 1 year
Can their relatives accompany the transferred personnel?
Yes, at any time they may request, jointly or successively, the authorization and, where appropriate, the visa.
- Spouse or common-law partner.
- Minor or older children who are economically dependent on the owner.
- dependent ascendants
Aspects to highlight
- The visa and authorization are valid to work and reside throughout the national territory, including family members if they meet the age stipulated in labor regulations.
- The National Employment Situation does not apply.
- Fast deadlines: Visas: 10 days Authorizations: 20 days
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