Application visa for highly qualified professionals

Depart the country immediately.

Under the general immigration regulations, the following family members can be reunited (with a minimum of one year of residence plus an additional one-year residence request from the reunifier).

The foreigner can reunite the following relatives with them in Spain:

• Spouse: As long as they are not separated either in fact or by law, and the marriage has not been entered into for fraudulent purposes. In no case can more than one spouse be reunited, even if the foreigner's personal law allows this marital arrangement. A resident foreigner who is married for the second or subsequent time can only reunite the new spouse and their relatives if they can prove that the dissolution of their previous marriages has taken place through a legal process that determines the situation of the former spouse and their relatives regarding common housing, spousal support, and maintenance for dependent minor or adult children.
• Person with a similar affective relationship to marriage: For the purposes outlined in this chapter, a relationship with affectivity similar to marriage is considered to exist when:
  • That relationship is registered in a public registry established for this purpose, and such registration has not been canceled; or
  • The validity of a non-registered relationship is demonstrated, established before the start of the reunifier's residence in Spain. For these purposes, without prejudice to the possible use of any legally admissible means of proof, documents issued by a public authority will take precedence. The provisions regarding the spouse in the second and third paragraphs of section a) of the previous section will apply to this case. Marriage and a similar affective relationship are incompatible for the purposes of this chapter.
• Children: Including those of their spouse or partner, including adopted children, provided they are under eighteen years of age at the time of the residence authorization application on their behalf or have a disability and are objectively unable to provide for their own needs due to their health. In the case of children of only one of the spouses or members of the couple, it will also be required that this person exercises sole parental authority or has been granted custody and they are effectively under their care. In the case of adopted children, it must be proven that the resolution granting the adoption meets the necessary requirements to have effects in Spain.
• Those Legally Represented by the Reunifier: When they are under eighteen years of age at the time of the residence authorization application on their behalf, or have a disability and are objectively unable to provide for their own needs due to their health, provided that the legal act from which the representative powers arise is not contrary to the principles of Spanish law.
• First-Degree Ascendants: Or those of their spouse or partner, when they are dependent on them, are over sixty-five years old, and there are justifiable reasons to authorize their residence in Spain. Exceptionally, when there are humanitarian reasons, ascendants under sixty-five years of age who meet the other requirements established in the previous paragraph may be reunited. Humanitarian reasons will be deemed to exist, among other cases, when the ascendant lived with the reunifier in the country of origin at the time the latter obtained their authorization; when the ascendant is incapacitated, and their guardianship is granted by the competent authority in the country of origin to the resident foreigner or their reunified spouse or partner; or when the ascendant is objectively unable to provide for their own needs.

Likewise, humanitarian reasons will be considered to exist when the reunifier's ascendant, or their spouse or partner's ascendant, is the spouse or partner of the other ascendant, and the latter is over sixty-five years old. In this case, applications for family reunification residence permits may be submitted jointly, although the application of the exception to the age requirement for the ascendant under sixty-five years old will be conditional on the authorization of the other ascendant. When the competent authority to resolve the procedure has doubts about the existence of another reason for exception to the requirement, it will consult the Directorate General of Immigration beforehand.

Relatives will be considered dependent on the reunifier when they can demonstrate that, at least during the last year of their residence in Spain, they have transferred funds or borne the expenses of their relative, representing at least 51% of the per capita gross domestic product, on an annual basis, of the country of residence of the relative, as established in terms of Indicators on income and economic activity by country and type of indicator, by the National Institute of Statistics.

Foreigners holding a long-term visa or a residence permit issued by one of the EU Member States can, under the protection of that permit and a valid travel document, move freely for a maximum of three months in any six-month period within the territories of the other Member States, provided that:

• They meet the entry conditions outlined in points a), c), and e) of Article 6(1) of Regulation (EU) 2016/399 of the European Parliament and of the Council of March 9, 2016, establishing a Union Code on rules governing the movement of persons across borders (Schengen Borders Code), and
• They are not on the national list of non-admissible individuals of the concerned Member State.

The entry conditions include:

• Having a valid travel document that entitles the holder to cross the border and meets the following criteria:
  • Remains valid for at least three months after the intended departure from the territories of the Member States. In justified emergency cases, this requirement may be waived.
  • Issued within the last ten years.
• Having documents justifying the purpose and conditions of the planned stay and having sufficient means of subsistence for both the intended stay period and the return to the country of origin or transit to a third country where admission is guaranteed, or being able to legally obtain such means.
• Not being registered as inadmissible in the Schengen Information System (SIS).
• Not posing a threat to public order, internal security, public health, or international relations of any of the Member States, and in particular, not being registered as inadmissible in the national databases of any Member State for similar reasons.
• It's important to note that a Member State may legally impose the obligation for third-country nationals to declare their presence in its territory, as per Article 22 of the "Schengen Convention." Spain has imposed such an obligation.

They are processed at the Large Companies and Strategic Collectives Unit of the Immigration Subdirectorate, belonging to the Directorate General of Migrations, under the General Secretariat of Immigration and Emigration of the Ministry of Employment and Social Security, located at Plaza de la Remonta, number 12, 3rd floor, CP 28071, Madrid.

Applications for residence authorizations governed by Law 14/2013 must be submitted through the electronic platform of the Ministry of Employment and Social Security. The entire process is detailed on their electronic platform.

The applicant, depending on the type of authorization, can be:

• For initial authorizations:
  • For investors and entrepreneurs, the foreign individual themselves.
  • For authorizations for highly qualified professionals, researchers, or intra-company transfers, the company or entity requiring the services of the foreign individual.
  • For family authorizations:
    • If the application is submitted jointly with that of the principal, it will be the principal (for investors and entrepreneurs) or the company or entity (for highly qualified professionals, researchers, or intra-company transfers).
    • If the application is submitted at another time, it can be one of the aforementioned or the family member themselves. 
  • Renewals are submitted by the foreign individual holding the authorization (family members apply for the renewal of their own authorization).

Applications can be submitted by the interested party or through a representative.

You can find the application forms for residence authorization at this link.

During their residence in Spain, foreigners must have coverage either from public healthcare or private insurance. It is not required to provide proof of insurance when there is an expectation that the foreigner (along with their family) will be covered by the National Health System due to enrollment in Social Security as a result of a work contract or professional relationship.

For entrepreneurs, if the business activity is not going to start immediately, insurance with limited validity is accepted (for example, travel insurance, which typically has a validity of three months). In all other cases, individuals must have public or private health insurance arranged with an insurance entity authorized to operate in Spain, providing coverage equivalent to that of the National Health.

System for the duration of their authorization or at least for one renewable year (travel insurance is not valid).

For inquiries about Social Security contributions, you can access the website.

 

The law does not specify a financial amount or specific documentation. Therefore, you can demonstrate that you have economic means through any legally admissible means of proof. For example, with a job contract offer, pay stubs, the updated average annual balance of bank accounts, deposits, etc.

All documents must be translated into Spanish. In the case of foreign public documents, they must also bear the apostille of the Hague Convention or, if not, have been legalized through diplomatic channels. 

You can obtain more information about document legalization at these links:

• Foreigner's Portal on the Employment Website
• Informational Portal for Foreign Individuals by the Ministry of Foreign Affairs

The assessment of a position as suitable for a highly qualified professional is conducted on an individual basis, taking into account factors such as qualifications, professional competence, work experience, the job profile, the functions to be performed, and remuneration commensurate with the position. Attention is given to the uniqueness of recently graduated or postgraduate individuals as outlined in Article 71(c) of Law 14/2013.

To prove that a company belongs to a strategic sector, it can request a report from the Directorate General of Trade and Investments (under the Ministry of Economy and Competitiveness) to certify this status under Law 14/2013. This report can be submitted along with the application (more information is available by calling 900 349 000, emailing informacion@icex.es, or visiting the website.

Alternative proofs of possessing a degree are accepted, other than the actual degree. For example:

• If it's a Spanish degree, a certificate from the educational institution confirming the completion of studies, payment of the relevant fees, and pending issuance of the degree is acceptable.
• For foreign degrees, a certificate from the corresponding university authority, duly translated and apostilled/legalized (as a public document) is required.