{"id":112516,"date":"2025-09-11T12:30:00","date_gmt":"2025-09-11T12:30:00","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=112516"},"modified":"2025-09-11T12:30:00","modified_gmt":"2025-09-11T12:30:00","slug":"spain-corporate-immigration","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/spain-corporate-immigration\/","title":{"rendered":"Spain: Corporate Immigration"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-112516","comparative_guide","type-comparative_guide","status-publish","hentry","guides-corporate-immigration","jurisdictions-spain"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">VIC Legal<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2025\/09\/vic-logo.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">VIC Legal<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2025\/09\/vic-logo.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Corporate Immigration laws and regulations applicable in Spain<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the relevant government entities relating to immigration in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Competence in immigration matters in Spain lies mainly with the General State Administration, through the Ministry of Inclusion, Social Security and Migration and, in particular, the State Secretariat for Migration. In addition, the Autonomous Communities may assume executive powers in relation to aid and return programmes, as well as in the care and protection of Spanish emigrants abroad, in coordination with the State.<\/p>\n<p>Currently, some powers relating to the management of work and residence permits have been transferred to certain Autonomous Communities, namely Catalonia and the Basque Country.<\/p>\n<p>A bill is currently being considered to transfer all migration policy to the Autonomous Community of Catalonia. This bill has not yet been approved.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the options available for sponsor-based employment in your jurisdiction and timelines involved in securing a work permit?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Options for sponsor-based employment in Spain include initial temporary residence and work permits, collective management of recruitment at source, and exceptional routes such as ties to the country or family reunification. The general timeframe for resolving the application is three months, and the authorisation is subject to obtaining a visa and registration with Social Security. As of 20 May 2025, the new Immigration Regulations will introduce significant changes to the requirements and procedures.<\/p>\n<p>The employer must submit the application to the immigration office, accompanied by documentation proving the identity, employment contract, financial means, training of the worker and, where applicable, justification of the 1956 national employment situation. The authority will decide within a maximum period of three months; if there is no response, the application is deemed to have been rejected due to administrative silence. Once the authorisation has been granted, the worker must apply for a visa within one month and, once in Spain, register with the Social Security within three months for the authorisation to take effect. The procedure may vary depending on the route of entry (general, collective management, exceptional circumstances, etc.) and the type of authorisation requested.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the primary options available for unsponsored work and investment in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Unsponsored work in Spain is mainly channelled through the residence and self-employment permit. Foreigners must prove that they meet the requirements for nationals to start and run a business, have sufficient professional qualifications or experience, sufficient investment or e r the potential to create jobs, including self-employment. The application must be submitted in person to the Spanish consular office in the country of residence and, once granted, the initial authorisation is valid for one year, renewable for four years, unless a long-term residence permit is required.<\/p>\n<p>Until 3 April 2025, non-resident foreigners could apply for a residence visa for investors (known as the &#8220;Golden Visa&#8221;), which allowed them to reside and work in Spain for one year, extendable by means of a residence permit for investors for three years and renewable for five years. A significant investment was considered to be the acquisition of real estate worth \u20ac500,000 or more, investments in financial assets (minimum \u20ac1 million or \u20ac2 million, depending on the instrument), or business projects of general interest. Since 3 April 2025, this visa has been discontinued, although the transitional regime for previous applications and renewals remains in place.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the requirements for becoming a sponsor of employment-based migrants and what are the role and reporting duties of sponsors?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Employers wishing to sponsor a foreign worker must prove that they are up to date with their tax and social security obligations and that they have sufficient financial, material or personal resources for their business project and to fulfil the obligations of the employment contract. When the employer is a natural person, they must prove that they have minimum financial resources based on the number of members of the family unit, referenced to the minimum wage (SMI) as of 20 May 2025. In addition, they must submit an employment contract signed by both parties, which guarantees continuous activity during the term of the authorisation and complies with the applicable regulations and collective agreement. It is essential that the employer has not committed any serious breaches in the two years prior to the application.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are applications filed electronically, or paper base? Is a physical visa\/work permit document issued or is an electronic approval issued?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Initial applications are submitted electronically. Once the application is approved, a digitally signed document is issued.<\/p>\n<p>Finally, in the last phase, a visa is stamped in the worker&#8217;s passport at the relevant Consulate.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is an in-person attendance\/interview required as part of the visa\/work permit application process? Is an individual required to enrol their biometrics (digital photo, fingerprint scan) as part of the visa\/work permit process?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The regulations provide that the diplomatic mission or consular office may require the applicant to appear in person and, when deemed necessary, conduct a personal interview to verify the identity, validity of the documentation, regularity of the stay or residence in the country of application, the reason, itinerary, duration, and nce of the trip, and the guarantees of return. Failure to appear without justification may result in the withdrawal of the application. In addition, in the case of residence and work visas, the application must be submitted in person, except in justified cases (distance, illness, minors, etc.).<\/p>\n<p>The collection of biometric data is a general requirement for visa applications, in accordance with the Community Code on Visas and national regulations. A photograph and fingerprints of the applicant must be taken, except in cases of exemption (children under 12, physical impossibility, high-ranking dignitaries, etc.). 125. Biometric data is collected at the time of personal submission of the application and is managed by qualified staff of the competent authority.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What persons qualify as dependants? Can dependants work based on their dependant visa status? Are there any restrictions?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>A foreign national is considered dependent if they are in the care of another person and there is material assistance or support that proves real and stable economic or physical dependence, not caused by the desire to obtain residence. Economic dependence means that the dependent person receives material assistance to meet their basic needs, and this assistance is real, stable and sustained over time, occurring in the country of origin and pre-existing the application. Dependency is presumed if, during at least the year prior to the application, the dependent has received funds or expenses equivalent to 51% of the GDP per capita of their country of origin. Ascendants over the age of 80 or with serious illnesses are also considered dependents, as are relatives of Spanish nationals who can prove that they are dependent on them.<\/p>\n<p>Dependent family members who obtain a temporary residence permit as a family member of a Spanish national are entitled to reside and work in Spain, either as employees or self-employed, anywhere in the country, without the need for additional formalities, provided that the conditions that led to the granting of the permit are maintained and they are of the minimum age for admission to employment. This authorisation to work extends to reunited family members of working age, who may work without having to apply for additional authorisation. Furthermore, the national employment situation is not taken into account in these cases.<\/p>\n<p>There are no specific restrictions on access to employment for dependent family members who obtain temporary residence authorisation, provided that the conditions that led to its granting are maintained and they meet the minimum age requirement for employment.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the general time frame and processes for obtaining permanent residence and citizenship for sponsored and unsponsored business-related immigration?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Permanent residence (long-term residence) in Spain can be obtained, for both sponsored and non-sponsored business immigration, after five years of legal and continuous residence in the country, subject to certain requirements and procedures. For Spanish citizenship, a period of ten years of legal residence is generally required, with some exceptions (basically, two years for citizens of Latin American countries, Portugal, the Philippines and Equatorial Guinea; one year for citizens of the United Kingdom, Ireland, the United States and Canada; and one year for citizens of the United Arab Emirates, Qatar, Bahrain, Oman and the United Arab Emirates). The processes and deadlines vary depending on the type of residence (employed, self-employed, investors, entrepreneurs, etc.), but in all cases the residence of the sponsor must be valid for at least one year. One year for citizens married to Spanish nationals or born in Spain). The processes and deadlines vary depending on the type of residence (employed, self-employed, investors, entrepreneurs, etc.), but in all cases, long-term residence authorises the holder to reside and work in Spain on an equal footing with nationals.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What productive type activities can a business visitor undertake and for how long?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The productive activities that a business visitor can carry out are strictly limited: temporary entry and stay are permitted for activities such as research, design, marketing, training, attendance at trade fairs, sales, purchasing and tourist activities, provided that no services are provided and no local remuneration is received. The maximum length of stay is 90 days within a 12-month period. Paid activities, employment, internships, studies or technical assistance are not permitted.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can remote work be carried out from your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Non-EU foreigners can work remotely from Spain for companies based outside the country by obtaining a visa or residence permit for international teleworking, in accordance with the Law on Support for Entrepreneurs and their Internationalisation. Applicants must prove, among other requirements, professional qualifications, an employment or professional relationship with the foreign company, the real and continuous activity of the company, and sufficient financial resources. The visa is valid for a maximum of one year and can be renewed for periods of up to three years with a residence permit.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any productive work \/ revenue generating activities that can be carried out as a visitor and without the need for a work permit? If so, what activities and for how long?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Spanish regulations establish a series of exceptions to the obligation to obtain a work permit for non-EU nationals. Among the exempt activities are: technicians, researchers and scientists invited or hired by public administrations, universities or research centres; professors invited by Spanish universities; management personnel or teaching staff from prestigious cultural educational institutions; civil or military officials from foreign administrations; foreign media correspondents; members of international scientific missions; artists performing specific, non-continuous performances (until 19 May 2025); religious ministers and members of the ecclesiastical hierarchy; members of international trade union representative bodies; and foreign minors under the guardianship of child protection agencies for social integration activities.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is there a remote work or nomad visa category in your jurisdiction? If not, how likely is it that this will be implemented in future?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Spain, there is a specific visa and residence permit category for international teleworkers or digital nomads, aimed at third-country nationals who wish to reside in Spain to work remotely for companies based outside the national territory. This scheme requires proof of professional qualifications or experience, sufficient financial resources, health insurance and compliance with specific requirements, allowing initial residence for one year (visa) and subsequent extension by means of a residence permit for up to three years, renewable.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How easy is it to switch visa categories\/jobs\/employer from within country? And\/or if made redundant, can the individual regularise their stay in another capacity and what is the timeframe allowable?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Changing visa or employment category is possible, but not necessarily straightforward, as it is subject to legal requirements and administrative procedures. During the first year of validity of the initial residence and work permit, the competent authority may modify the scope of the permit (occupation, sector, territorial scope) at the request of the holder, taking into account the national employment situation in the case of employment. A change of employer is permitted after three months of validity of the authorisation and during the first year, or at any time if there is serious breach by the employer or circumstances arise that prevent the performance of the work activity. In addition, it is possible to change from an authorisation for employment to one for self-employment, and vice versa, provided that the specific requirements are met.<\/p>\n<p>In the event of dismissal, the foreign national may regularise their situation by taking up another position, provided that they meet the established requirements and deadlines. The change of employer must be reported to the immigration office within three months of the reasons for the change becoming apparent. If the termination of the employment relationship is for reasons beyond the worker&#8217;s control, the regulations provide for the possibility of renewing or modifying the authorisation, or even regularisation procedures due to exceptional circumstances, such as work or social ties. Termination of the contract due to loss of work authorisation is considered unfair dismissal or, where applicable, objective termination due to supervening incompetence, but the worker retains their employment rights.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What common issues or concerns may arise for employers under business immigration in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Employers operating in the context of business immigration in Spain may face common problems and concerns such as the need to comply with legal requirements for hiring foreign workers, the correct obtaining and management of residence and work permits, the risk of incurring administrative or criminal offences, and monitoring the authenticity and legality of employment and business relationships, especially in the context of intra-company transfers and transnational movements.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is there a fast track process \/ certification that business can obtain to expedite visa \/ permit processing?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There is a fast-track procedure or certification to speed up the processing of visas or permits for companies. Companies or groups of companies can apply for registration with the Large Companies and Strategic Groups Unit (UGE-CE), which allows them to access a simplified and accelerated procedure for the collective processing of residence and work permits, especially in the case of intra-company transfers of groups of professionals. This registration is valid for three years and is renewable. It exempts companies from having to prove certain requirements at the time of application, although the Administration may carry out checks on its own initiative.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the recent trends, both political and social that have impacted (or are anticipated to impact) your jurisdiction with regard to immigration policy and law?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Recent trends in immigration policy and legislation in Spain are characterised by the adoption of new immigration regulations, adaptation to European legislation, enhanced protection for vulnerable groups and inter-administrative coordination. Notable developments include the relaxation of procedures for granting residence permits, the extension of rights for victims of gender-based violence, sexual violence and trafficking, and the improvement of mechanisms for integration and control of migration flows.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How has the COVID-19 pandemic shaped current immigration landscape in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The COVID-19 pandemic has had a significant impact on immigration in Spain, affecting both administrative procedures and the rights and obligations of foreigners. Exceptional measures have been implemented in the areas of health control, regularisation of administrative situations, extensions and renewals of authorisations, and humanitarian assistance, as well as relevant regulatory changes.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any new and \/ or anticipated changes impacting immigration law and \/ or policy in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The most significant change is the entry into force of the new Foreigners&#8217; Regulations (RD 1155\/2024) on 20 May 2025, which repeals RD 557\/2011 and represents a profound reform of the regulation of the entry, stay, residence and work of non-EU foreigners in Spain. Notable changes include the simplification of procedures, reduction of deadlines, clarification of authorisations, new forms of settlement, extension of rights for victims of gender-based violence, sexual violence and trafficking, and adaptation to European directives on single permits and highly skilled workers.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How do you see technology developing and evolving to support immigration process in the future?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The development and evolution of technology in the field of immigration are moving towards the comprehensive digitisation of procedures, interoperability between administrations and the protection of personal data, enabling more efficient, secure and transparent management of foreigner and immigration files. Noteworthy developments include the implementation of common computer applications, the use of electronic systems ( ) for information exchange and integration with national and European databases, and the gradual incorporation of advanced technologies such as artificial intelligence and biometrics.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the Right to Work requirements in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The right to work in Spain is subject to compliance with general and specific requirements depending on nationality, administrative status and the activity to be carried out. The fundamental requirements include the capacity to enter into a contract, prior administrative authorisation for non-EU foreigners, respect for the principles of equality and non-discrimination, and compliance with the legal and contractual conditions applicable to the job.<\/p>\n<p>The right to work in Spain may be exercised by those who have full legal capacity under the Civil Code, minors under 18 and over 16 under certain conditions, and foreigners in accordance with specific legislation. Nationals of the European Union, the European Economic Area and Switzerland, as well as their family members, have access to employment on the same terms as Spanish nationals, except for specific restrictions on certain public sector jobs. Non-EU foreigners generally require prior administrative authorisation to reside and work.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the types of civil and criminal penalties employers may face for non-compliance with immigration rules i.e. employing an individual who does not have the Right to Work?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The hiring of foreign workers without the required work permit constitutes a very serious administrative offence, punishable by a fine of between 10,001 and 100,000 euros for each worker concerned. In addition, the penalty may be increased by the amount corresponding to the social security contributions and other joint collection items that should have been paid during the period of service. In the case of a simulated employment relationship for profit, the fine can be as high as 225,018 euros. Additional penalties include the loss of subsidies and benefits, exclusion from access to public benefits and the closure of the establishment for a period of 6 months to 5 years.<\/p>\n<p>In the criminal sphere, anyone who repeatedly employs or provides work to foreign nationals without a work permit, or to minors without a work permit, is punishable by imprisonment for 3 to 18 months or a fine of 12 to 30 months. If, in addition, working conditions are imposed that undermine, suppress or restrict the rights recognised by labour legislation, the penalty is increased to imprisonment for 2 to 5 years and a fine of 6 to 12 months. Illegal trafficking of labour is also punishable by imprisonment of 2 to 5 years and a fine of 6 to 12 months. Criminal liability may extend to managers, supervisors or persons with decision-making power in the company.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there labour market testing requirements in your jurisdiction and if so, what do they involve?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Spain, there are labour market assessment requirements for the granting of residence and work permits to non-EU foreigners. The central element is the determination of the national employment situation, which is mainly carried out through the Catalogue of Difficult-to-Fill Jobs and the management of job offers by public employment services. This process involves assessing the adequacy of the national labour force before authorising the recruitment of foreign workers.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there quota requirements, restrictions or a cap on the numbers of foreign nationals hired per company in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Spain, there are generally no quotas, restrictions or numerical limits on the number of foreigners hired per company, except in specific sectors such as mining or hydrocarbons, where percentage limits for foreign employees are established. For the hiring of non-EU foreign workers, the regulations require the obtaining of a residence and work permit, subject to the national employment situation, but do not set a maximum quota per company in general terms. For EU nationals, any numerical restriction is expressly prohibited.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any exit procedures in your jurisdiction, if an individual is departing permanently?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Spain, there is no general compulsory departure procedure for persons leaving permanently, except in specific cases (e.g. foreigners in an irregular situation, beneficiaries of voluntary return programmes, or in execution of administrative or judicial decisions). Leaving Spanish territory is generally free, although it may be subject to certain documentary formalities and the obligation to notify the change of residence in certain cases, such as registration in the Consular Registration Register for Spanish nationals or deregistration from the municipal register. For foreigners, the expiry of the residence permit may occur for specific reasons, but recent case law of the Supreme Court has annulled automatic expiry due to absence for more than six months in a year.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any requirements for medical certificates or vaccinations for your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>To emigrate to Spain, it is mandatory to present a medical certificate attesting that you do not have any diseases that could have serious repercussions for public health, in accordance with the International Health Regulations of 2005. There is no general vaccination requirement to emigrate to Spain, unless national or international regulations require it in specific situations. A medical certificate is a common requirement for obtaining residence, work, study and other residence permits for stays of more than six months. Vaccinations may only be required if determined by national regulations, but there is no closed list of mandatory vaccinations for general immigration.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any language requirements for your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There is no general language requirement to emigrate to Spain, but there are requirements to prove knowledge of Spanish in certain administrative procedures, especially for acquiring Spanish nationality through residence and for practising regulated professions or accessing the civil service. The requirements and the level required vary depending on the procedure and the purpose.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the government costs associated with a typical employment based visa?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The government costs associated with a typical employment-based visa mainly include the payment of administrative fees for processing the visa application and, where applicable, residence and work permits. The amount of these fees is established by ministerial order and must be paid by the visa applicant or, in the case of work permits for employees, by the employer. There are specific exemptions and reductions depending on nationality and the type of authorisation requested.<\/p>\n<p>The processing of residence and work visas involves the payment of administrative fees, the amount of which is determined by ministerial order and must be in line with the costs of the service provided. For short-stay visas (category C), the general fee is 60 euros, in accordance with European regulations. For long-stay national visas (category D), the Member State sets the amount and may decide to waive the fee.\u00a0 In the case of work permits for employees, the fee is payable by the employer, except in the case of part-time or intermittent domestic service, where it is payable by the worker. The fee is payable when the visa or permit is applied for.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is a local contract of employment required in order to obtain a work based visa or work permit? Are there salary or other thresholds to be met by the migrant?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In most cases, obtaining a visa or work permit requires the presentation of a local employment contract signed by both parties, guaranteeing continuous activity during the period of validity of the authorisation. The start date of the contract must be conditional on the authorisation being granted. This requirement applies to both the general regime and collective management of recruitment in the country of origin, as well as in cases of social and labour ties. For special authorisations, such as international teleworking, a local contract is not required, but proof of an employment or professional relationship with a foreign company is required.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the maximum periods of stay for individuals on an employment based visa \/ work permit?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The maximum period of stay for persons with an employment-based visa or work permit in Spain depends on the type of authorisation granted: for temporary residence and employment, the maximum initial period is one year, renewable; for seasonal activities, the maximum period of activity is nine months per calendar year with r within an authorisation of up to four years; and for long-term residence and work visas, the validity can be up to five years depending on the type of authorisation and the situation of the worker.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does your jurisdiction allow dual nationality?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Spain allows dual nationality in certain cases, especially with Latin American countries, Andorra, the Philippines, Equatorial Guinea, Portugal and, since 2021, France, in accordance with specific treaties or agreements. Spanish law distinguishes between &#8220;tolerated&#8221; or &#8220;conventional&#8221; dual nationality and &#8220;pathological&#8221; dual nationality. Acquiring the nationality of these countries does not imply the loss of Spanish nationality of origin.<\/p>\n<p>There is a signed agreement on dual nationality between Spain and Romania, which is currently pending ratification by both countries.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the most positive aspects of your immigration system compared to the rest of the world?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Spanish immigration system stands out for its flexibility, simplified procedures for strategic groups, recognition of social and labour rights, and adaptation to European regulations, which places it in an advanced position compared to other international systems. Among the most relevant aspects are the facilitation of entry and stay for highly qualified professionals, researchers and victims of particularly vulnerable situations, as well as the existence of channels for regularisation based on ties to the country and exceptional circumstances.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are you facing any challenges resulting from a shortage of skills. If yes, which skills?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Spain faces significant challenges arising from the shortage of professional qualifications, especially in strategic sectors and in relation to adaptation to new labour market demands, digitalisation and sustainability. The vocational training system has been reformed to respond to these needs, but challenges remain in terms of the adequacy of training provision, the accreditation of skills and the attraction of qualified talent, both domestic and foreign.<\/p>\n<p>The sectors with the highest demand for skills are those related to digitalisation, the green economy, advanced manufacturing, automotive, agriculture and services. The groups most affected by skills shortages include young people, the long-term unemployed, people with disabilities, migrants and people at risk of social exclusion. In addition, labour mobility and economic openness require professionals who are versatile and adaptable to new socio-economic and organisational situations.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any plans in place to address green skills and\/or to support transition to green economies\u2019?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The State has approved a Plan for Return to Spain which, among its 50 measures, includes actions for training and employment in sectors linked to sustainability and the green economy, as well as the promotion of entrepreneurship in activities related to the ecological transition. These measures are being implemented in cooperation with autonomous communities, local councils and emigrant associations, and are grouped into categories such as professional project support, return planning and psychological support, among others.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">4505<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/112516","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=112516"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}