Fast track for employers: the UGE-CE

 

The UGE-CE was founded in 2007 under an agreement of the Council of Ministers to provide a quick response and expert advice to the requirements put forward by companies and organisations which need to bring non-community personnel with special characteristics to Spain.

At present, it is responsible for:

  • The processing of residence permits established in Law 14/2013, of 27 September on Support for Entrepreneurs and their Internationalisation, which facilitates the entry and stay in Spain for reasons of economic interest to investors, entrepreneurs, highly qualified professionals, researchers, workers making intra-corporate movements within the same company or group of companies and relatives of the above.

  • The procedures established in Title IX of Royal Decree 577/2011, referring to research professionals or university teaching staff, highly qualified professionals and posted workers, among others.

Both laws establish rapid procedures with maximum resolution times less than those generally established in the law relating to Aliens. Moreover, Law 14/2013, of 27 September, on Support for Entrepreneurs and their Internationalisation, indicates a maximum of twenty workdays from the presentation of the application to the competent authority for the ruling, and is understood to be approved if not resolved within this period. Procedures under the scope of the Alien legislation shall be resolved in a maximum of one month, although, in this case, the application is not considered as approved if not resolved within this period.

In both cases, the visas to be obtained, once the applications have been approved, must be issued with ten days.

The most important new items covered under Law 14/2013, of 27 September, on Support to Entrepreneurs and their Internationalisation, with respect to the Law relating to Aliens, in addition to the resolution period and the meaning of silence, relates to the possibility to apply for a residence permit for research personnel who are already in Spain without needing to obtain a visa. The only requirement in this respect is that that the individual is not illegally in Spain.

Another significant difference with respect to the law relating to Aliens is that Law 14/2013, of 27 September, on Support to Entrepreneurs and their Internationalisation, does not require the appearance in person at the offices of the UGE-CE in Madrid of those individuals for whom the organisation contracting the researcher act on their behalf.

With regard to relatives, Law 14/2013, of 27 September, on Support to Entrepreneurs and their Internationalisation, includes financially dependent children of full age who have not formed an independent family unit.

In addition, the law relating to Aliens —specifically for the scientific visa— indicates the possibility of an initial permit for five years and expressly considers mobility to Spain of foreign citizens accepted as research personnel in an EU Member State to continue in Spain with the development of the research project started therein. If the period is longer, it should be authorised in accordance with that established for this type of permit, without needing to apply for the research visa.

Consequently, the advantages and disadvantages of each type of permit should be assessed before deciding on which type to apply for on behalf of the researcher.