Residence and work permit for employees relocated to Spain

Workers from non-EU or EEA companies who are temporarily transfered to Spain may obtain a work and residence permit in Spain.

In order to apply for this permit, it is necessary for the worker not to be irregularly in Spanish territory, and that he/she does not have a criminal record either in Spain or in the previous countries in which he/she has had his/her residence in the previous five years. It is also required of the worker's residence in the country of origin to be stable and regular.

In addition to the above requirements, it is necessary that the national employment situation allows the posting, although this requirement can be waived if the employer company proves that the activity to be carried out by the worker requires a direct and reliable knowledge of the company.

It is necessary that the worker has been engaged in the activity to be provided to the employer company for at least one year, and that he/she has been on the payroll of the company for at least nine months.

How can the application be processed?

To process the application, the company must prove compliance with all the requirements, accredit the worker's professional training and qualifications, and demonstrate the worker's employment relationship, providing the employment contract with the company that is relocating the worker. In addition, it must submit a report of the activities that the worker is going to carry out in the framework of his new position.

What is the duration of the permit?

The maximum period of the permit is the duration of the employment service and, at the most, one year. This term may be extended for another year if it is proven that the conditions required for the initial concession still exist. The extension may be requested during the sixty calendar days prior to the expiration of its term. In this case, the mere request submitted on time will extend the validity of the previous authorization until the resolution of the extension request.

Can family members accompany the displaced worker?

The answer is yes, but special authorization is required. This authorization and visa may be requested at any time for the worker's spouse or common-law partner, as well as for minor children or adult children who are economically dependent on the worker. Authorization may also be requested for dependent ascendants.