Residence permits for researchers through Law 14/2013, of 27 September

As in the case of the Law relating to Aliens, there is a specific procedure for research personnel, which, if the requirements are met, does not prevent the application for a resident's permit for highly qualified professionals, workers making intra-corporate movements within the same company o group of companies or, even a permit for entrepreneurs. The following family member members are also included with the scope of application of this law: the spouse or person with an equivalent sentimental relationship; children, minors or of legal age who, financially dependent on the permit holder, have not formed an independent family unit; and dependent ascendants who accompany or join the worker.

As regards entry and stays for periods of less than ninety days, Law 14/2013, of 27 September, on Support for Entrepreneurs and their Internationalisation (hereinafter, the Entrepreneurs' Law), please refer to that established in Regulation (EU) 2016/399 of the European Parliament and of the Council, of 9 March 2016, on a Union code on the rules governing the movement of persons across borders (Schengen Borders Code), and Regulation (EC) 810/2009 of the European Parliament and of the Council, of 13 July 2009, establishing a Community Code on visas (Visa Code).

 

In the case of long-stay visas and residence permits, the Entrepreneurs Law establishes various common general requirements and other specific requirements depending on the group in question:

Spanish legislation offers two alternatives for the intra-corporate transfer of foreign citizens (who are not citizens of the EU, EEA or Switzerland):

  1. The EU-ICT intra-corporate transferee permit for management, specialist personnel and trainees.

  2. The national intra-corporate transferee permit for other cases, for example the transfer of employees for the implementation of a contract (CSS) or for a professional relationship (IP).

The application to be presented will depend on the personnel to be transferred to the business centre or group of business located in Spain. For further information, please see articles 73 and 74 of the Entrepreneurs' Law.

Renewals of up to two years may also be requested provided the conditions applied at the initial granting of the permit continue to be fulfilled. However, there is a maximum duration for the transfer for certain categories that conditions the validity of the permit or the possibility of renewal:

  • The transfer of management and specialist personnel: maximum of three years.

  • The transfer of trainees: maximum of one year.