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IMPACT – MEDIUM
What does the change mean? Internal report requests (i.e., police records, social security status of company), which are required during the residence permit process, are taking longer than normal. Foreign nationals should anticipate that processing of residence permits will take longer than the 20 business days required by statute and should adjust their business schedules accordingly.
Background: Under the Entrepreneurs Act, the statutory processing time for residence permit applications is 20 days. However, the authorities may extend this processing time without prior notice.
Analysis & Comments: Foreign nationals submitting visa applications should book an appointment at the consulate immediately after beginning the residence permit process. Since supporting documents for visa applications must be submitted 90 days after their issuance, and appointments are being scheduled up to three months in advance, applicants should confirm that submitted documents will be accepted once the appointment is assigned.
Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services.
This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2019. For information, contact Deloitte Touche Tohmatsu Limited.
What is the change? Immigration authorities have announced specific amendments to the Mobility Section of the Entrepreneurs’ Act that set out specific criteria for entrepreneurs, investors, researchers, and ICT permit applicants applying for work permits in Spain.
The specifics:
Background: The Entrepreneurs’ Act entered into force on Sept. 30, 2013 and aims to boost the economy by attracting high-skilled foreign talent.
Analysis & Comments: Investors, entrepreneurs and researchers should account for the financial qualifications required to apply for a work permit as well as the new document requirements. Additionally, the above-mentioned applicants should be sure to obtain a valid health insurance policy prior to applying for a renewal permit. Failure to do so will lead to the rejection of the application.
Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.
High Priority
What is the Brexit news? The Spanish Congress of Deputies has validated the Spanish Royal Decree-Law that would administer the status of U.K. nationals in the case of a no-deal Brexit.
Key Points of the Royal Decree-Law:
Background: On March 1, the government issued a Royal Decree-Law that encompasses the points mentioned above. The recent validation from the Spanish Congress of Deputies further confirms Spain’s plan to allow U.K. residents currently residing in Spain to stay in the case of a no-deal Brexit.
BAL Analysis: The U.K. is set to leave the European Union, and the U.K. Parliament has yet to pass a withdrawal agreement. Although the EU granted the U.K. a Brexit extension, it is still possible that it will leave the EU without a deal. Spain’s plan provides some certainty to non-EU family members of U.K. nationals, as they will retain their current status until Dec. 31, 2020 and will be able to apply for a residence permit in the case of a no-deal Brexit.
This alert has been provided by the BAL Global Practice group and our network partner SAGARDOY Abogados in Spain. For additional information, please contact your BAL attorney.
Copyright © 2019 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? Spain is experiencing delays in resident permit processing, especially involving permits for highly skilled professionals and intracompany transfers.
What does the change mean? Foreign nationals should anticipate that processing in these categories will take longer than the 20 business days required by statute and should adjust their business schedules accordingly.
BAL Analysis: The delays are largely due to an influx of applications and reduced staff. Spanish employers should plan for longer timelines for resident permit applications. Businesses may need to adjust timelines or start dates because of the delays.
This alert has been provided by the BAL Global Practice group and Sagardoy Abogados located in Spain. For additional information, please contact your BAL attorney.
Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? Spanish authorities have begun to more closely scrutinize the proffered salaries for foreign highly qualified workers applying for residence permits under the Entrepreneurs Act.
What does the change mean? Employers should no longer consider €30,000 per year the threshold salary for highly qualified workers and should anticipate rejections on the grounds that salaries in that range do not correspond to a “highly qualified” job role. Although this threshold was not official, it was generally used as a baseline.
Background: The Entrepreneurs Act does not refer to the salary threshold. The general immigration framework, however, refers to the minimum salary threshold in relation to highly qualified workers applying for EU Blue Cards, which is 1.5 times the average salary in the company’s field.
BAL Analysis: Companies should anticipate delays in start dates and the need to adjust salaries for highly qualified foreign employees applying for their initial permits. Although using the EU Blue Card threshold does not guarantee that the salary will be acceptable, employers are encouraged to use it as a starting point and conduct a case by case assessment of other factors that are specific to the job role. BAL can assist in the assessment.
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.
What is the change? Spanish immigration authorities have begun requiring that foreign nationals applying for residence cards obtain a statement of entry within three days of entering Spain.
What does the change mean? Applicants should either apply for a statement of entry with the Spanish police when they arrive at the airport or apply in person within three business days of arrival.
Background: A residence card is required for non-EU nationals whose permit is granted for longer than six months or whose permit validity will exceed six months by the time the residence application is submitted. Normally, applicants who enter Spain directly from a non-Schengen country may show proof of entry with an entry stamp by Spanish border officials, and applicants who transit through a Schengen country may show proof of entry with the flight itinerary, border pass and stamp of the EU country through which they transited. If the passport is not stamped, they must apply for a statement of entry at the Spanish police.
BAL Analysis: Third-country applicants whose passports are not stamped upon direct entry into Spain or those transiting through a Schengen country should plan to apply for a statement of entry immediately upon arrival at the airport or within three business days.
What is the change? Spain has implemented the EU directive on posted workers that covers requirements for companies assigning or seconding foreign workers to Spain.
What does the change mean? The new law imposes certain changes to Spain’s existing “Communication of Transfer” rules that have been in place since 1999.
Background: The EU Directive 2014/67 on enforcement of posted workers was adopted in 2014 and gave EU member countries two years to implement it. The directive requires certain notifications and retention of documents for workers posted temporarily in an EU country.
The Spanish law, Act 45/1999, transposes the EU directive rules into Spain’s national laws. Among the changes, the law will require the following:
BAL Analysis: Spanish authorities have begun implementing the communication of transfer rules that have been on the books since 1999 but not fully enforced until recently, and companies are subject to penalties for non-compliance. Further details on changes brought by the implementation of the EU directive are expected to be released soon.
This alert has been provided by the BAL U.S. Practice group and our network provider located in Spain. For additional information, please contact BerryApplemanLeiden@bal.com.
Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? Spanish authorities are applying stricter scrutiny to job criteria for foreign highly qualified professionals applying under the Entrepreneurs’ Act.
What does the change mean? While there has not been any official change in policy, authorities will no longer be as lenient when assessing job descriptions to establish that the foreign assignee will fill a position in national occupation classifications 1 and 2 matching a highly qualified job position.
Background: Under the Entrepreneurs’ Act passed in October 2013, managers or highly qualified professionals are eligible for residence permits allowing work, and the applications are not subject to the labor market test. Up until now, even if the job position belonged to professional group 1 or 2 in accordance with the National Catalogue of Occupations, the authorities have been lenient in relation to the responsibilities indicated in the job description.
BAL Analysis: Employers should anticipate stricter adherence to qualifying criteria of HQP applicants. In addition to requiring that the job position fall within the appropriate occupation classification, the applicant’s educational background and experience must be in line with the job position offered, and authorities have generally applied more scrutiny to applicants earning less than €30,000.
IMPACT – HIGH
What is the change? Spain has announced that it has signed a contract with BLS International to provide visa-application services worldwide on behalf of the Spanish Ministry of Foreign Affairs. BLS International replaces the previous provider, VFS Global, whose contract ended Dec. 15.
What does the change mean? Applicants applying for Spanish visas should expect to redirect their applications to BLS International. Since Dec. 15, applicants in many countries were told to apply directly with a Spanish embassy or consulate.
Background: The Spanish ministry announced in October that VFS would stop accepting visa applications on its behalf. The change was delayed until earlier this month when applicants in India were directed to file visa applications with the Spanish Embassy in New Delhi or the consulate in Mumbai.
The Spanish Embassy in India has now posted information on its website for submitting visa applications with BLS International or contacting BLS via phone or email.
The Spanish Embassy in the United Arab Emirates has similarly posted BLS contact information and the BLS visa application website, which appears to be operational.
BAL Analysis: Companies and individuals applying for Spanish visas should anticipate delays and plan accordingly in light of the transition in visa service providers as well as the year-end holiday slowdown.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? As of Dec. 17, VFS Global in India stopped accepting applications for Spanish visas.
What does the change mean? Those applying for Spanish visas in India must apply directly with the Spanish Embassy in New Delhi or the consulate in Mumbai.
Background: VFS Global announced the change in October, but the implementation was postponed and VFS was allowed to continue accepting visa applications until Dec. 17. All applicants in India must now apply either at the Spanish Embassy in New Delhi or the Spanish Consulate in Mumbai, depending on the applicable jurisdiction as indicated on the applicant’s original appointment letter.
BAL Analysis: The diversion of all Spanish visa applications to the embassy and consulate may cause a backlog due to the holiday season. Applicants should anticipate delays.
This alert has been provided by the BAL Global Practice group and our network provider located in India. For additional information, please contact your BAL attorney.