Global Mobility

Any non-EU citizen applying for a residence permit in Spain must demonstrate, as essential and non-negotiable requirements, that they have absolutely no criminal record and full health insurance cover. At Seegman, our Global Mobility department coordinates this administrative process from Madrid and Lisbon, ensuring that executives and investors meet the strict documentation requirements set by diplomatic missions and the Large Enterprises Unit (UGE-CE).

Regardless of the immigration route chosen (Aliens Act or Law 14/2013), the Spanish legal framework requires compliance with the following cross-cutting requirements:

• No criminal record: The applicant must have no criminal record in Spain or in the countries where they have resided over the last five years. The certificate must be duly apostilled (Hague Apostille) or legalised through diplomatic channels.
• Comprehensive health insurance: It is compulsory to have public or private health insurance arranged with an entity authorised to operate in Spain. The policy must offer full cover, with no co-payments, no waiting periods and comparable to the benefits provided by the National Health System.
• Legal status: The applicant must not be in an irregular situation on Spanish territory nor be listed as inadmissible within the territory of the States with which Spain has signed an agreement to that effect (Schengen Area).

Obtaining a Spanish residence permit grants the holder the right to reside legally in the country and guarantees free cross-border movement throughout the Schengen area for a maximum of 90 days within any 180-day period.

However, under Spanish law, the right to reside does not automatically equate to the right to work. Authorisation to carry out gainful employment depends strictly on the category of visa or permit obtained:

The non-lucrative residence visa (NLV) requires proof of sufficient passive financial resources (approximately €40,000 per year for the main applicant) and entails an absolute and mandatory prohibition on carrying out any work or professional activities in Spain.

This immigration route is designed exclusively for high-net-worth individuals, retirees or rentiers who wish to establish their tax and physical residence in Spain without interfering with the national labour market.

• Financial Requirement (IPREM): The law requires proof of a minimum income equivalent to 400% of the annual IPREM (Public Multiple Effect Income Indicator) for the holder, plus an additional 100% for each dependent family member. In administrative practice, demonstrating liquid assets or guaranteed passive income of around €40,000 ensures the viability of the application.
• Operational Restriction: The holder may not receive income derived from work physically carried out in Spain nor operate a business directly in the country. Breach of this rule will result in the revocation of the permit and possible immigration sanctions.

To apply for a residence permit as a Highly Qualified Professional (HQP) under Law 14/2013, the applicant must provide proof of a higher education qualification or, in exceptional cases, demonstrate comparable high-level professional experience.

The UGE-CE (Unit for Large Companies and Strategic Groups) applies rigorous scrutiny to the academic and professional profile of the transferred foreign talent. The requirements are structured into two alternative routes:

• Academic Route (Higher Education Qualification): The candidate must hold a bachelor’s, master’s or doctoral degree. Qualifications awarded by internationally renowned business schools are also valid. The qualification must be directly related to the post to be filled.
• Experience-based Route (Equivalent Experience): In the absence of a university degree, the regulations allow the profile to be validated by demonstrating a minimum of three years of verifiable and relevant professional experience that is comparable to the qualification required for the technical or managerial post.

The granting of a Highly Qualified Personnel (HQP) permit is conditional upon meeting strict minimum salary thresholds, with the authorities requiring approximately €56,000 per annum for managerial positions and €42,000 for technical roles. At Seegman, we structure remuneration packages for foreign parent companies to ensure compliance with these metrics, guaranteeing fast-track authorisation from the UGE-CE.

These thresholds are not arbitrary; they are updated annually based on data from the National Statistics Institute (INE) and the National Classification of Occupations (CNO), operating under the following parameters:

The digital nomad visa (for international remote workers) requires proof of a minimum income equivalent to 200% of the National Minimum Wage (SMI), a minimum of three months’ service with the foreign company, and express authorisation to work remotely from Spain.

This scheme, introduced by the recent Startups Act (Law 28/2022), makes it easier to attract talent, but imposes strict documentary scrutiny by the Large Companies Unit (UGE-CE):

• Income Threshold (200% of the SMI): The main applicant must demonstrate recurring and guaranteed income of approximately €31,752 per annum (based on the current SMI). This threshold increases by 75% of the SMI for the first family member joining the applicant and by an additional 25% for each subsequent family member.
• Length of Service (3 months): It is mandatory to demonstrate an uninterrupted employment or commercial relationship with the foreign company or client for at least the three months immediately preceding the submission of the application.
• Teleworking Authorisation: The foreign parent company must issue an explicit corporate certificate authorising the employee to provide their services via teleworking from Spanish territory.

Spanish law allows digital nomads to operate under two different arrangements: as employees (exclusively for foreign parent companies) or as self-employed professionals, requiring in both cases three years’ professional experience or a higher education qualification.

The legislator has divided the operational and tax regime for international teleworkers as follows:

Qualification Requirement: Regardless of the category, the candidate must be a highly qualified professional. This is demonstrated by (i) a bachelor’s or master’s degree from a prestigious university or business school, or (ii) a minimum of three years’ professional experience in their sector.

To process an intra-corporate transfer (ICT authorisation) to Spain, the non-EU executive or specialist must demonstrate a minimum of three months’ uninterrupted service with the foreign corporation. At Seegman, we manage complex ICT applications by coordinating international parent companies with their subsidiaries in Madrid or Lisbon to ensure a corporate relocation without operational disruptions.

The Intra-Corporate Transfer regime (under Directive 2014/66/EU and Law 14/2013) requires proof that the worker is already an established part of the multinational’s operations:

• Minimum Length of Service Required: The employee must have worked for the parent company, or for any other entity within the same business group, for a continuous period of at least 3 months prior to the application.
• Eligible Professional Categories: This permit is reserved exclusively for three corporate categories: senior management, technical specialists with unique knowledge of the company, and trainees.
• Maintenance of the Agreement: During the transfer to Spain, the worker must maintain an active employment relationship with the parent company.

Regarding intra-company transfers: What specific corporate documents must be submitted to prove the operational status and relationship between the foreign company and the Spanish subsidiary?

The viability of the intra-company transfer requires conclusive proof of the corporate link between the foreign parent company and the Spanish subsidiary through articles of association, certificates from the Commercial Register and annual accounts that substantiate the actual economic activity.

The Spanish authorities are extremely cautious to prevent the use of shell companies. Therefore, the corporate file must include the following evidence:

• Certification of Corporate Linkage: Notarised documentation (duly apostilled and translated) demonstrating that both companies belong to the same group of companies, either through direct shareholding control or by belonging to the same parent holding company.
• Public Deeds and Registration: A copy of the deed of incorporation of the Spanish subsidiary and its current certificate of registration in the Commercial Register.
• Proof of Actual Activity: The host company in Spain must demonstrate continuous economic activity by submitting recent tax returns (VAT, Corporation Tax) and proof of registration with the Social Security system certifying that the subsidiary is not inactive.

The temporary cross-border posting of workers within the European Union to Spain is regulated by Directive 96/71/EC, requiring prior notification to the regional labour authority and the maintenance of Social Security cover in the country of origin via the A1 certificate.

When an EU company temporarily posts its employees to Spain to provide services, no visa is required, but strict compliance with social and labour regulations is essential:

Law 14/2013 allows for the joint and simultaneous application for a residence permit for the principal applicant and their immediate family, completely bypassing the long waiting times associated with family reunification under the general scheme. Our Global Mobility practice at Seegman ensures the simultaneous relocation of senior executives and their families, mitigating any personal friction during relocations to the Iberian Peninsula.

This ‘joint application’ benefit is one of the greatest advantages of permits covered under the Entrepreneurs Act (Golden Visa, Digital Nomads, PAC and Intra-Company Transfer).

• Eligible Family Members: The principal applicant may include in their initial application their spouse or registered civil partner, minor children, adult children who are financially dependent on the principal applicant (and have not formed their own family unit), and dependent ascendants.
• Simultaneous Processing: The UGE-CE processes the application for the entire family unit in a single decision within 20 working days.
• Right to Work: A key regulatory advantage is that a spouse or partner reunited under Law 14/2013 automatically obtains a residence permit that also authorises them to work in Spain, either as an employee or self-employed, without additional restrictions.