Residency application for employees engaging in intracompany transfers

General and specific requirements outlined for each type of authorization must be fulfilled, as per the provisions of Law 14/2013.

To qualify for long-term residency, you must meet the general requirements outlined in the Regulation of Organic Law 4/2000. The typical scenario involves having legally and consistently resided in Spanish territory for a period of five years.

Residency status will not be affected by absences from Spanish territory lasting up to six consecutive months, as long as the total sum of these absences does not exceed ten months (or one year in case of work-related absences) within the five-year period, unless the departures were irregular.

Concerning residence in Schengen countries, there is no differentiation between authorizations governed by Law 14/2013 and other residence permits.

Simply put, any foreign resident in Spain has the privilege of unrestricted movement within the territories of states adhering to the Schengen Agreement, provided the stay does not exceed three months within a six-month period. (At present, these states include Germany, Austria, Belgium, Denmark, Slovenia, Spain, Estonia, Finland, France, Greece, Netherlands, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Norway, Poland, Portugal, Czech Republic, Slovakia, Sweden, and Switzerland.)

Essential documents for inter-country travel encompass a valid travel document (be it a passport or another recognized document) and the residence permit. Additionally, a declaration of entry into the respective state is mandatory.

For more comprehensive details, kindly refer to the Ministry of the Interior's website.

Applications for initial authorizations and their renewals are processed at the Unit for Major Corporations and Strategic Collectives, a part of the Immigration Subdirectorate under the General Directorate of Migrations. This unit operates within the General Secretariat for Immigration and Emigration, a branch of the Ministry of Employment and Social Security.

Applications for initial residency authorizations and their renewals can be lodged at any public registry. If you prefer, you can choose to submit them at the registry of the General Secretariat for Immigration and Emigration located at 39 José Abascal Street, Madrid. Alternatively, you have the option to submit them at the headquarters of the Unit for Large Companies and Strategic Collectives situated at Plaza de la Remonta, Madrid. In this case, please make sure to request a prior appointment. Further information regarding appointment scheduling can be found at the website.

Alternatively, you have the option to file your applications electronically using a digital certificate through the online platform of the Ministry of Employment and Social Security.

The applicant for each type of authorization varies depending on the authorization category: 

• For initial authorizations:
  • For investors and entrepreneurs, the applicant is the foreign individual.
  • For highly qualified professionals, researchers, or intra-company transfers, the applicant is the company or entity requiring the services of the foreign individual.
• For family authorizations:
  • If the application is submitted together with the main applicant, the applicant is the main applicant (for investors and entrepreneurs) or the company or entity (for highly qualified professionals, researchers, or intra-company transfers).
  • If the application is submitted separately, the applicant can be one of the aforementioned or the family member themselves.
  • Renewals are submitted by the foreign individual holding the authorization (family members request the renewal of their own authorization).

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

Foreigners who have received a residence visa under this regulation can stay in Spain for up to one year, allowing the holder to reside in Spain without the need to obtain a foreigner identity card.

However, those who are granted a residence permit under Law 14/2013 must personally apply for the foreigner identity card. The authorization resolution specifies the procedure, required documentation, and where the application can be submitted.

If submitting the application in person, bring both the original and a copy, with the UGE retaining only the copy. If submitting to a public registry, bring both the original and a copy, and send only a certified copy.

You can access the residence authorization application forms at this link.

If a foreigner is in Spain in a regular situation at the time of application but will not be at the time of resolution.

The law stipulates the requirement of not being irregularly in Spain, so compliance with this requirement at the time of application is necessary. The residence authorization application will extend the validity of the residence or stay status held by the applicant until the resolution of the procedure.

Yes, it is possible, provided that the requirements for modifying an authorization set by the Regulations of Organic Law 4/2000 are met.

Yes. The fourth additional provision of Law 14/2013 establishes that residence authorizations allow both residence and work (both self-employed and employed).

While residing in Spain, foreigners must be covered either by the public health system or private insurance. Proof of insurance is not necessary if there is an expectation that the foreigner (along with their family members) will be covered by the National Health System due to enrollment in Social Security resulting from an employment contract or professional relationship.

For entrepreneurs, if the business activity is not starting immediately, insurance with limited validity (such as travel insurance, typically valid for three months) is acceptable.
In all other cases, individuals must have public or private health insurance arranged with an authorized insurance entity operating in Spain, providing coverage equivalent to that of the National Health System and for the duration of their authorization, or at least for a renewable one-year period (travel insurance is not considered valid).

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

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

All documents must be translated into Spanish. For foreign public documents, they must also be accompanied by the apostille from The Hague Convention, or if not available, legalized through diplomatic channels.

You can find more information on document legalization at the following links:

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