Corporate Immigration 2024 Comparisons

The economic affairs section of the Presidency of the Spanish government carries out studies on the shortcomings of and possible improvements to the immigration policy. 

The Ministry of Immigration’s priority is to have an inclusive society; its aim is to promote programmes and projects that help the social, cultural and labour environment. It also seeks to guarantee equal treatment and non-discrimination. 

Upcoming changes to the immigration policy include eliminating the golden real estate visa and giving more importance to innovation and development with an emphasis on the creation, production and design of the energy and chip market. The Recovery, Transformation and Resilience Plan contains a housing rehabilitation and urban regeneration plan to help citizens to obtain their first home. 

The Spanish government has realised that Spain does not produce, it only designs, and this is the path it is going to develop as a strategic sector. 

At EU level, Directive (EU) 2024/1233 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a member state and on a common set of rights for third-country workers legally residing in a member state,, aims to simplify admission procedures for these persons. 

This Directive will apply to third-country nationals who: 

• apply for residence in a member state for the purpose of work; or
• have been admitted to a member state for purposes other than work and are authorised to work and hold a residence permit. 

This Directive does not apply to third-country nationals who are their family members. 

The member states shall bring into force the necessary laws, regulations and administrative provisions by 21 May 2026. In addition, the member states may decide on the volumes of admission. 

Options for employment visas include visas for highly qualified workers or workers who have the necessary skills to fill positions that are difficult to fill in Spain. 

Unsponsored work visas are available for: 

• international teleworkers and their families; 
• entrepreneurs and their family members; 
• investors in financial assets, public debt, shares, investment funds, bank deposits in Spanish financial institutions; and
• investors in a business project in Spain without a minimum amount of capital ‒ what will be assessed is the creation of jobs, the socio-economic impact in the area and contribution to scientific and technological innovation.

Visitors cannot work in Spain without a work permit. Even business visas do not allow visitors to work; they are restricted to the activities listed in their visa for travel to Spain. 

The business visa does not allow the visitors to work as teleworkers and this is a mistake that many companies make. A visa for teleworking is allowed under certain conditions, but it is not a business visa. Visitors need a visa and work permit if they wish to work in Spain. Family members are allowed to accompany them at the same time or later. 

Teleworking is fully recognised by the granting of a fast-track work and residence visa. 

The Telework Visa is aimed at nationals of third countries who travel to Spain to work or carry out remote work for companies located outside Spain, using the use of a computer, telematics and telecommunication systems. 

Family members of teleworkers may apply for a residence permit to join or accompany them. 

Workers are not allowed to move to a branch of the employing company in Spain. Such transfer is considered to be an intra-company transfer of a worker and is not remote work. 

There is no prerequisite language requirement in Spain. 

The official language is Castilian Spanish, but it is not a requirement for the foreign applicant to speak or understand it. 

The applicant must have private medical insurance or be registered with the Social Security in Spain. In some cases, they will be asked to provide a COVID-19 vaccination certificate. 

Public insurance (Social Security) or private insurance must be taken out with an insurance company authorised to operate in Spain without co-payment. 

See 1.2 Upcoming Policy Changes regarding Directive (EU) 2024/1233 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a member state and on a common set of rights for third-country workers legally residing in a member state.

Generally speaking, an employment-based visa is not limited to one type of employer. 

The first application and grant of a work permit is not limited to a specific employer. 

However, when renewing the work permit, the employee is required to renew it with the same employer. If the employee changes employer at the time of renewal, the immigration office will cancel the first work permit and the employee has to apply for a new work permit with the employer they are changing to. 

There are two types of procedure: 

• the fast-track procedure; and
• the normal procedure. 

If the work or residence permit falls within the categories of highly qualified employee, investors, entrepreneurs, teleworkers, etc, then the time is reduced to 20 days if all the necessary documents have been collected and submitted to the immigration office; if the applicant needs a visa to enter Spain, the time for granting the visa is ten days as at the day after submission of the documents to the Consulate or Embassy. 

On the contrary, if the work or residence permit is a normal application, the immigration office has a maximum period of three months to grant the authorisation. The applicant must collect the visa from the Consular Office within one month as of the day after the applicant is notified of the decision. 

The travel restrictions depend on the nationality of the applicant employed.  

It is only possible to reduce or avoid waiting the ten or 30 days to obtain a visa from the Spanish Consulate or Embassy if the applicant, whether an employee, investor, entrepreneur, teleworker, etc, does not need a visa to enter Spain. 

There is an official list of countries that can enter Spain without a visa. 

The steps to take once an individual is in Spain are as follows: 

• review whether the work permit is for more than six months;
• obtain the residence and work permit from the authorities by paying a fee; 
• check that the passport has an expiry date of more than six months; 
• register with the Spanish social security authorities; 
• present valid medical insurance; 
• present a letter of approval from the immigration office; 
• have photos taken for the residence permit for both the applicant and their family members; 
• if the applicant comes with their family, also check the above for their family members; and
• collect the residence card and present it when asked to do so.

The fees are paid to the Spanish administration: to the Spanish Consulate or Embassy, to the foreigners’ office, to the foreigners’ police service on the first application.  

When renewing, the applicant only pays the fee to the foreigners’ office and to the foreigners’ police service. 

The amount in euros varies.

Normally, all the visa costs are paid by the employer in advance. 

The employee can include this as a bonus in addition to their salary. 

There are cases where the employer does not want to do this and despite having recruited and offered the employee the job, the employee is told to obtain their own employment permit for themselves and their family. 

In this situation, the employee can decide whether to pay for the whole procedure themselves or have it deducted from their salary and bonus. 

Enforcement action will be taken in two cases: 

• the applicant lacks the necessary social security or private insurance documents for Spain; or
• the company has the employee or the investor working without having obtained the work permit, regardless of the country of origin of the employee. 

The requirement to register with the social security system in Spain can only be substituted if the applicant’s or employee’s country of origin has a social security agreement with Spain and that country provides a document stating that they are temporarily covered in Spain. 

In the case of teleworkers, if the applicant’s company has a branch in Spain, a telework visa is not necessary. The applicant would need a work permit because it is considered a transfer between companies (Intra-Company Transfer) and must meet the specific requirements of this permit. 

Many companies in Spain do not help an employee to obtain a work permit. These companies require employees to obtain it on their own, pay for it themselves and, if they do not obtain it, the employer removes them from their workforce and does not recognise its offer of employment.  

However, this is a mistake. 

The employer, whether in Spain or abroad, is obliged to hire the foreign employee in accordance with the immigration law on foreigners in Spain and to maintain its offer of employment to the worker who obtained the job by helping them to obtain their work permit and even those of their family members. 

If the employing company does not help the applicant to obtain the work permit, this could be considered discrimination or the illegal hiring of workers leading to a labour inspection and a social security inspection. Ultimately, this could result in fines, imprisonment and a ban on hiring foreign workers. 

Foreigner workers have the same rights and obligations as a Spanish citizen. 

A foreigner must not have entered Spain illegally and must make the necessary arrangements with the company or the employer in advance. 

If there is a Spaniard who is registered with the Spanish employment office and meets the requirements to fill a vacancy, the Spaniard can take the job offer from the foreigner and be hired by the Spanish company ‒ the foreigner would not have any right to be hired. This depends on the company that is in Spain and that has published the vacancy with the employment office. 

This limitation does not exist in the case of highly qualified workers, researchers, investors, international teleworkers and entrepreneurs (golden visa cases). The company is not obliged to hire a Spanish employee and can hire a person of their choosing. 

All family members who are financially dependent on the employee, investor, researcher and entrepreneur are recognised. 

Employees, entrepreneurs, researchers, investors, international teleworkers can be single, married, cohabiting or in a same-sex partnership. 

Children of married or unmarried parents, adopted parents or legal guardians of such minors can be included as dependants. 

In reality, there are not many limits; what is assessed is whether the applicant can support their family ‒ either ascendants or descendants ‒ by themself with their salary or savings without making them a burden for Spain. 

Parents of the applicants are also dependants.

Residence permit holders such as dependent family members of highly qualified employees, researchers, employees transferred to Spanish companies, international teleworkers and investors are allowed to work in any sector and city of the national territory. 

Possible restrictions or limitations will come from the job offer they find and whether they have the necessary studies or skills.