International Mobility: Intra-company transfer

On September 27, 2013, the Law to support entrepreneurs and their internationalization was approved, which facilitates entry and residence in Spain for reasons of economic interest, facilitating the entry of talent and investment and promoting the entrepreneurial culture.

Among the types of residence authorizations contemplated by this Law we have intra-company transfer, in which the transfer of workers who are already hired at source, linked by a labor or professional relationship, is requested, so this authorization does not entail a labor contract or professional in Spain or their registration in the Spanish Social Security when there is a Social Security Agreement between Spain and the country of origin. If there is no Social Security Agreement that covers this displacement, the company of origin must designate a person in Spain responsible for complying with Social Security obligations, registering the worker and paying the corresponding contributions.

The intra-company transfer has two modalities:

The residence authorization for intra-company transfer ICT UE that proceeds in temporary displacements to work as a manager, specialist or for training, from a company established outside the European Union to an entity belonging to the same company or group of companies established in Spain.

The maximum duration of this type of transfer will be 3 years in the case of managers or specialists and one in the case of workers in training.

The advantage of this residence authorization is that its holders will be able to enter, reside and work in one or several Member States after notifying the authorities of said States in accordance with their regulations in application of Directive 2014/66/EU of the European Parliament and of the Council, of May 15, 2014, regarding the conditions of entry and residence of nationals of third countries in the framework of intra-company transfers.

The national authorization of residence for intra-company transfer that proceeds in the following cases:

Workers displaced between companies of the same group, when they have exceeded the maximum duration of the transfer provided for the residence permit for intra-company transfer ICT UE.

Workers displaced between companies of the same group who are neither a manager, nor a specialist nor a worker in training, but who can be considered key personnel for the company who carry out a job that is particularly complex.

Workers transferred as a result of a contract for the provision of services between the displacing company and the receiving company, both parts not forming the same company group, and the worker being part of the staff of the displacing company or the transfer of workers due to a professional relationship.

The maximum duration of this type of transfer will be 3 years or the duration of the transfer if it is less.

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