Highly Qualified Professionals Visa

If you are interested in working in a company in Spain as a highly qualified professional or you are a graduate or postgraduate from universities and prestigious business schools, this residence permit is what you need:  Highly Qualified Professionals Visa

This residence is addressed to professionals with highly skilled profiles such as executives and managers, or with very specific experience and training. 

The Entrepreneur’s Law (article 71, Law 14/2013) regulates this visa that enables companies to hire staff from outside of the EU in a very effective manner. 

To define in which cases a highly qualified visa will be applicable, elements such as the job vacancy, employee profile, experience, salary, and company-specific characteristics are taken into account.

IMPORTANT: The employee must have compatible a educational background or long-term experience with the job position offered to be considered for a highly qualified visa. This will be evaluated based on degrees, certificates, expertise in similar positions for a minimum of 3 years. 

According to the law, this visa will be applicable for the following positions: 

• Management and highly qualified workers of large businesses and corporate groups or SMEs in strategic sectors
• Management and highly qualified workers of business projects of general interest 
• Graduates and postgraduates from universities and prestigious business schools

COMPANY REQUIREMENTS:

To be considered a large business or corporate group a company must fall into one of these categories:

• Have more than 250 workers in Spain
• Have a net business volume above 50 million euros in Spain or, a volume of its own funds in Spain above 43 million euros
• Have an annual gross investment from outside Spain, not less than a million euros 
• Have a stock value over 3 million euros

To be considered part of a strategic sector or having a business project of general interest depends on the evaluation of the General Directorate of International Trade and Investments (Dirección General de Comercio Internacional e Inversiones).

However, the general interest of a project can be measured if it meets at least one of the following requirements:

• Job creation
• Maintenance of employment
• Investments with a significant socioeconomic impact 
• Common interest to the trade and investment public policy 
• Relevant contribution to scientific and technological innovation

This sort of information is not usually available for the employee when offered a job.

However, to hire a highly qualified worker from abroad, the company must meet one of those requirements and be registered at the unity of large companies and Strategic Collectives (UGE-CE).

The register will be valid for 3 years or until any modification is made, which must then be notified within 30 days. 

For graduates, postgraduate universities, and business schools of recognized prestige the company category is irrelevant since the visa is granted based on the educational background of the worker.

The definition of prestige is not available, and each case will be evaluated by the UGE-CE. 

OTHER ELEMENTS TO TAKE INTO ACCOUNT FOR THIS VISA

A job offer included in the groups 1 and 2 from the National Catalogue of Occupations (CNO-11) is considered a high-level position. However, the job category alone does not grant the consideration of highly qualified on the terms of the visa. 

A job description including the specific tasks to be performed and goals for the role are mandatory to evaluate the accuracy of the candidate’s educational background, experience, and CV for the position.

SALARY MATTERS:

Understanding that as a worker you have a high profile, your salary is expected to be set accordingly. 

For a management position, the average income is equal to or above €55’000 yearly while for occupations from the group 2, €40’000 yearly. 

A reduction rate of 0.75 can be applied to the fixed salary if the employee is under 30 years or if the job offer is addressed from a SME. 

In case part of the remuneration is benefit in kind, it cannot be over 30% of the salary. 

Application must be submitted by the company interested in hiring. 

The application is addressed to the UGE-CE and should contain the following documents and will take up to 20 days.

• Company certification to be a large business, a corporate group, a SME in a strategic sector or developing a business with high socioeconomic impact. 
• Copy of the contract
• Job description
• Employee resume
• Employee passport
• Employee background checks
• University degrees or qualifications from a prestigious business school

Once the authorization is granted, in case the worker is already living in Spain, the next step is to obtain the TIE.

In the case of the worker still living abroad, a visa needs to be requested from the correspondent consulate and the deadline set is 10 days from the submission. 

If you need more information, please do not hesitate to contact us.

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