Intra-Company Transfer to Spain: moving international employees

In today`s globalized world, international employee mobility is a strategic necessity for many global companies. In such an interconnected and competitive environment, having the right talent in the right place can mean the difference between success and failure. Multinational companies across all sectors recognize the importance of transferring key employees between their various branches or associated companies to leverage their skills and expertise in foreign markets. 

However, this process involves more than just changing offices or locations. It requires compliance with a series of legal and administrative requirements that can be complicated if not handled with the necessary expertise. The residence permit for intra-company transfers is one of the most commonly used tools to allow companies to move their personnel between countries in a legal and effective way. 

In this article, as experts in corporate immigration law, we will explain in detail everything you need to know about the process, requirements, and steps to efficiently manage the residency permit for intra-company transfers in Spain. 

What is an Intra-Company Transfer? 

An intra-company transfer is an immigration procedure that allows a company to transfer one of its employees to Spain to work temporarily in one of its employees to Spain to work temporarily in one of its subsidiaries or in a company with which it has a contractual relationship. This authorization is essential for companies operating in multiple countries that need to send personnel to Spain without facing legal complications. 

This type of permit applies when a high-skilled employee is sent from a foreign company to a company in Spain that is part of the same corporate group or maintains a close contractual relationship, such as the provision of services. Through this authorization, the employee receives a residence and work permit that allows them to carry out their duties in Spain during the transfer period. 

Who is the Intra-Compnay Transfer intended for? 

The intra-company transfer is aimed at non-EU nationals, meaning employees who are not part of the European Union or the European Economic Area and who will temporarily reside in Spain due to this transfer. It is particularly useful for managerial staff, highly qualified technicians, or specialists moving within a multinational company or corporate group. 

Who can apply for the Intra-Company Transfer? 

The application for the residence permit for an intra-company transfer must be submitted by the company or entity hosting the foreign employee in Spain. It is the responsibility of the company to ensure that all requirements are met and that all necessary documentation is submitted so that the process runs smoothly. 

At Gentile Law, we specialize in advising companies seeking to transfer employees to Spain. With extensive experience in corporate immigration law, we have successfully assisted companies from various sectors in obtaining this residence permit quickly and effectively. Our team understands the complexity of the process and works closely with each client to ensure that every step is completed in compliance with the applicable regulations, minimizing risks and accelerating processing times. 

What is the process for obtaining an Intra-Company Transfer? 

The process for obtaining the permit is relatively structured but requires precision at each step: 

• Online application: the host company in Spain must initiate the process by submitting the application for an intra-company transfer residence permit through online means. This application is processed by Spain`s Large Companies and Strategic Groups Unit, which is responsible for handling such procedures. At Gentile Law, we provide advice and assistance to streamline this application process efficiently. 
• Visa application: If the employee is outside of Spain at the time of the transfer, they must also apply for a visa at the appropriate Spanish Consulate.
• Resolution: Within a maximum of 20 business days, the competent authorities will issue a resolution regarding the application. This is a relatively short timeframe compared to other immigration procedures, facilitating business mobility. 
• Notification: The status of the application will be notified via email, informing the applicant whether it has been approved and registered. 
• Entry to Spain: Once the authorization is approved, the worker may enter Spain and begin their work activities. 

It should be noted that the intra-company transfer application can also be made while the employees is already in Spain legally. 

What are the requirements to obtain the Residence Permit for Intra-Company Transfers? 

For the authorization process to be successful, both the company and the employee must meet certain requirements: 

Employee requirements: 

• Must be legally present in Spain (if already in the country) or apply for a visa from their home country.
• Must be over 18 years of age. 
• Must have no criminal record in Spain or in the countries where they have resided in the last five years. 
• Must not be prohibited from entering Spain or countries with which Spain has agreements. 
• Must hold a higher education degree or have at least three years of professional experience. 
• Must have maintained a prior employment relationship of at least three months with one or more companies in the corporate group. 

Company requirements: 

• The company must demonstrate that it has real and operational business activity in Spain. 
• The transfer must be between two companies within the same group or between companies that have a contractual service agreement. 
• The company must ensure Social Security coverage, including health coverage for the worker, or appoint a representative responsible for Social Security contributions. 
• Detailed documentation confirming the conditions of the transfer. 
• Payment of the corresponding administrative fee.

Documents to submit

To complete the application, both the employee and the company must provide the following documentation.

Employee documents: 

• A full copy of the passport, valid for at least one year, with at least two blank pages. 
• A criminal record certificate from the countries where the worker has resided in the last two years. 
• Documents accrediting higher education or at least three years of work experience (legalized and translated diplomas or certificates of experience).
• Proof of prior employment relationship of at least three months with one or more companies in the corporate group. 

Company documents: 

• Documentation proving the intra-company transfer and the contractual relationship between the companies. 
• Documentation ensuring Social Security coverage and health insurance if the worker will not have healthcare coverage. 
• Proof of the company`s real business activity. 

Do you need help managing the Intra-Company Transfer Residence Permit process? 

At Gentile Law; our team of corporate immigration law experts has extensive experience advising companies on the transfer of international employees. We know the process can seem complex, but with the right guidance, companies can handle these procedures quickly, efficiently, and securely. 

Don`t hesitate to contact us for personalized assistance and ensure the smooth and compliant transfer of your employees to Spain.