New visa offers greater EU mobility to intra-company transferees

IMPACT – MEDIUM

What is the change? Spain has introduced the EU ICT visa for intra-company transferees and their family members to move within the EU more easily.

What does the change mean? Foreign managers and trainees who are issued the EU ICT visa in Spain may move to another EU country with fewer formalities. Managers and trainees who hold ICT visas in an EU country and wish to move to Spain may benefit from fast-track processing through the Large Company Unit (UGE).

• Implementation time frame: The law took effect July 30.
• Visas/permits affected: EU ICT visas.
• Who is affected: Non-EU nationals transferred to Spain as intra-company transferees in managerial or specialist positions for up to three years or as trainees for up to one year.
• Impact on processing times: ICTs moving to Spain may apply through the fast-track UGE procedures, and processing is expected to take 20 days. Those who are issued an EU ICT visa in Spain will be eligible for residency in another EU country after notifying authorities in the receiving country.
• Business impact: Multinational companies will be able to operate more efficiently and reduce business interruption due to increased ease of movement across borders by key personnel.
• Next steps: Companies transferring managers and trainees to offices in Spain may begin applying for the visas.

Background: Spain’s new visa provides a path to greater EU mobility for ICTs, as required by an EU Directive adopted last June.

The new visa is available to ICTs who are managers and specialists transferred to Spain for up to three years and foreign employees receiving training for up to one year. The company may transfer eligible applicants to Spain via the EU ICT track during the validity period of the existing ICT visa. Upon notification to the UGE, the UGE has 20 days to oppose this transfer.

The main benefits are fast-track processing through the UGE, though applicants must fulfill certain registration requirements before traveling to Spain to work. Those issued EU ICT visas in Spain may move to another EU country after notifying the destination state and fulfilling requirements of that country.

BAL Analysis: The visa makes Spain a favorable destination for ICTs who seek greater mobility in the rest of the EU. Other member countries (excluding Denmark, Ireland and the U.K.) are required to implement similar procedures to facilitate short-term and long-term mobility ICTs.

This alert has been provided by the BAL Global Practice group and our network provider located in Spain. For additional information, please contact your BAL attorney.

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