The upcoming changes in Spanish Foreign law complicates the processing of work permits

 

In April 2011 Spain will adopt a new Regulation of Law No. 4 / 2000 on the rights and freedoms of foreigners in Spain and their social integration in which we highlight a series of developments that will affect the processes of immigration in Spain :

- The first one will be developing and implementing the Blue Card for highly skilled workers in the EU for qualified professionals or  workers  that can certify professional experience of at least five years.

- The figure of the transnational worker will be affected and you will be required to present a negative certification of the INEM (Certificate issued by this entity in which  is established that there are no Spanish employees available to meet the specified criteria for a job and therefore the permission is granted to hire foreign workers). Previously, the transnational employee was exempt from submitting this requirement.

-  For Family reunions for over 65 year’s upwards it will  be required that the applicant has the status of long duration.

-  Work Permit  for spouses and descendants over 18 years.will be granted

-  It will develop the long-term figure of the EU that allows foreign workers to reside and work in Spain for indefinite period of time, and allowing the same conditions as any native Spanish.

To do so, it will be required having resided legally and continuously in the Spanish territory for five years, have an stable and regular income and must  have private insurance or public health accessibility .

Requirements for the procedures done in the General Directorate of Immigration (UGE) for Large Companies:

1.       Permits can be issued for workers  of  companies’ with over 500 workers in Spain, accredited in the relevant social security scheme.

2.       The Company must have a net annual business volume in Spain of 200 million Euros, or  a net equity volume in Spain higher than 100 million Euros.

3.       The company must have a gross investment from abroad not less than 1 million € since the date the company was incorporated in Spain, which will always include the 1 million € investment in the year immediately preceding the date of the application for authorization.

In case of companies in Spain with a length of more than twenty years, the annual investment requirement will be credited only about twenty years of existence immediately preceding the filing of the application.

4.       Permits will be granted for members of small and medium enterprises in each of these sectors:

·         Information technology and communications.

·         Renewable energy

·         Environment,

·         Water and wastewater treatment,

·         Health sciences,

·         Biopharmaceutical and biotechnology and aerospace.

Other profiles of employees who may benefit from the UGE are:

-          The technical and highly skilled foreign scientists recruited by the State,

-          The Autonomous Communities, local authorities and agencies to promote those activities and are majority owned by the former.

-          Foreign teachers hired by the Spanish university.

-          Highly skilled scientists and technicians to carry out R & D.

There is another type of work permit destined for internationally renowned artists as well as for all other cases treated in the previous, which presents exceptional reasons of employment  such as:

-          Scientific Investment or technological innovation that are properly accredited and has a proved economic, scientific or social interest.

In Relocations España we have a group of highly skilled lawyers specialized in all immigration issues that can help you with any immigration issue.

For further information contact us at info@relocationspain.com
Phone: +0034 91 384 39 00