The intra-corporate transfer permit is a residence permit for employees transferred from one company to another belonging to the same corporate group. Said authorisation was introduced by the Act 14/2013, dated 27 September, to support entrepreneurs and their internationalisation (“Entrepreneurs Act”) which entered into force on 29 September 2013.
In spite of the already existing transnational residence permit also applicable to displaced employees, the Spanish Government introduced said permit in order to contribute to the country’s economic growth by stimulating the activities of international corporate groups, facilitating the flow of highly qualified employees from outside the Member states, while immigration policy has focused exclusively on the situation of the labour market.
In particular, the intra-corporate transfer permit differs from the transnational residence permit in the following:
– The renewal period for the permit is not on annual basis;
– The immigration office is not the competent body, the exclusive competence belongs to the Unit for Large Companies and Strategic Economic Sector (Unidad de Grandes Empresas) in Madrid.
– In the same application for the intra-corporate transfer permit, it is also possible to apply for the residence permit for family members;
– the duration of the procedure, from the moment that all the paperwork is submitted to the granting of the permit, has been reduced.
From the amendment of the Entrepreneurs Act in July 2015, which was carried out in order to introduce the Directive 2014/66 EU of the European Parliament of the Council, dated 15 May 2014, to the Spanish legal system, the intra-corporate transfer permit is classified in the following categories:
(a) Residence permit for an intra-corporate transfer (ICT-EU)
This residence permit will operate in the case of temporary displacements for employees such as managers, specialists or for training, from a company located outside of the EU to an entity belonging to the same company or corporate group established in Spain.
The maximum duration of the transfer will be three years for managers and specialists and one year for trainee employees.
(b) National authorisation for an intra-corporate transfer permit
This residence permit will operate in the cases not contemplated in category (a) or once the maximum duration aforementioned has elapsed.
Mika Otomo
Vilá Abogados
For more information, please contact:
13th May 2016
